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 represents and warrants that it is receiving fair and adequate consideration, as a result of arms length negotiations, for the transfer of the Purchased Assets as set forth in Section 2.2 hereof. Seller further represents and warrants that its current net worth deficit should be decreased as a result of the consummation of the transactions contemplated by this Agreement and the Restructuring Agreement, and that Seller currently intends and believes it will be able to pay its retained liabilities in accordance with their terms as they mature.
Solvency of Seller. Each of the Sellers is solvent in the "balance sheet" sense of the term solvency, in that the fair market value of the Sellers' assets exceeds the amount of the Sellers' liabilities.
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. (a) Seller is not now insolvent nor will it be rendered insolvent by the transactions contemplated by this Agreement. As used in this Section 5.22, “insolvent” with respect any Person means that the sum of the liabilities of such Person exceeds the present fair market value of such Person’s assets.
(b) Immediately after giving effect to the consummation of the transactions contemplated by this Agreement: (i) Seller will be able to pay its liabilities as they become due in the ordinary course of its business; (ii) Seller will not have unreasonably small capital with which to conduct its present business; and (iii) Seller will be able to satisfy any judgments and other obligations to which it is subject, as well as any judgments that are likely to arise as a result of any pending or threatened litigation against it.
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.
