Common use of Solvency of the Surviving Corporation Clause in Contracts

Solvency of the Surviving Corporation. Immediately following the Effective Time and after giving effect to the Merger and taking into account the financing necessary in order to consummate the Merger, the Surviving Corporation and each of its Subsidiaries will not (i) be insolvent (either because their respective financial conditions are such that the sum of their debts is greater than the fair market value of their assets or because the fair saleable value of their assets is less than the amount required to pay their probable liability on their existing debts as such debts mature); (ii) have unreasonably small capital with which to engage in the Business; or (iii) have incurred debts beyond their ability to pay such debts as such debts become due.

Solvency of the Surviving Corporation. Immediately following the Effective Time and after giving effect to the Merger and taking into account the financing necessary in order to consummate the Merger, the Surviving Corporation and each of its Subsidiaries will not (i) be insolvent (either because their respective its financial conditions are condition is such that the sum of their its debts is greater than the fair market value of their its assets or because the fair saleable value of their its assets is less than the amount required to pay their its probable liability on their its existing debts as such debts they mature); (ii) have unreasonably small capital with which to engage in the Businessits business; or (iii) have incurred debts beyond their its ability to pay such debts them as such debts they become due.