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.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Libbey Inc), Stock Purchase Agreement (Libbey Inc)
Solvency of Seller. After Immediately after giving effect to the consummation of the transactions contemplated by this Agreement, : (ia) Seller will be able to pay its Liabilities as they become due in the ordinary course of its business; and (b) Seller will be able to satisfy all Liabilities of Seller existing or any judgments and other obligations to which it is subject, as well as any judgments that are likely to arise at as a result of any pending or in the period following the Closing and (ii) Seller will not be insolventthreatened litigation against it.
Appears in 1 contract
Samples: Asset Purchase Agreement (Heidrick & Struggles International Inc)
Solvency of Seller. After Immediately 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 pay its liabilities as they become due in the period following the Closing and ordinary course of its business; (ii) Seller will not have unreasonably small capital with which to conduct its present business; and (iii) the Seller will be insolventable to satisfy any judgments and other obligations to which they are subject, as well as any judgments that are likely to arise as a result of any pending or threatened litigation against them.
Appears in 1 contract