Solvency of Seller. After giving effect to the sale of any Environmental Control Property hereunder, the Seller (i) is solvent and expects to remain solvent, (ii) is adequately capitalized to conduct its business and affairs considering its size and the nature of its business and intended purposes, (iii) is not engaged in nor does it expect to engage in a business for which its remaining property represents an unreasonably small amount of capital, (iv) reasonably believes that it will be able to pay its debts as they come due and (v) is able to pay its debts as they mature and does not intend to incur, or believe that it will incur, indebtedness that it will not be able to repay at its maturity.
Solvency of Seller. After giving effect to the consummation of the transactions contemplated by this Agreement, (i) Seller will be able to satisfy all Liabilities of Seller existing or likely to arise at or in the period following the Closing and (ii) Seller will not be insolvent.
Solvency of Seller. Immediately after the Closing, the fair market value of Seller's assets will exceed all of Seller's Liabilities.
Solvency of Seller. The Seller is not insolvent and will not be rendered insolvent as a result of the consummation of the transactions contemplated by this Agreement.
Solvency of Seller. Seller is and, after giving effect to the transactions contemplated hereby, will be Solvent.
Solvency of Seller. No order has been made, petition presented or resolution passed for the winding up of the Seller or the Corporations or for the appointment of a liquidator or provisional liquidator to the Seller or the Corporations. No administrator has been appointed in relation to the Seller or the Corporations. No notice has been given or filed with the court of an intention to appoint an administrator. No petition or application has been presented or order made for the appointment of an administrator in respect of the Seller or the Corporations. The Seller and Corporations have not proposed or agreed to a general composition, compromise, assignment or arrangement with any of its creditors.
Solvency of Seller. Since its inception and through the Closing Date, TriGM International, SA has been and will be solvent. "Solvent" shall mean, for purposes of application of this provision, that: (i) the fair saleable value of Seller's property is in excess of the total amount of its debts; and (ii) Seller is able to pay its debts as they mature.
Solvency of Seller. Seller and Parent are not now insolvent and at and immediately after the Closing and after delivery of the Purchase Price and the transactions contemplated hereby, Seller and Parent shall not be (i) insolvent (either because such party's financial condition is such that the sum of its debts is greater than the fair value of its assets or because the present fair saleable value of its assets shall be less than the amount required to pay its probable liabilities on its debts as they mature), (ii) have unreasonably small capital with which to engage in its business or perform its obligations under this Agreement, including with respect to the Excluded Liabilities or (iii) have incurred or plan to incur debts beyond its ability to pay as they mature.
Solvency of Seller. For the ninety day (90) period following the Closing (a) the fair value of the assets of Seller, at a fair valuation, will exceed its debts and liabilities, subordinated or
Solvency of Seller. Since its inception and through the Closing Date, Multidisk has been and will be solvent. "
