Solvency, Payment of Debts. Borrower is able to pay its debts (including trade debts) as they mature; the fair saleable value of Borrower’s assets (including goodwill minus disposition costs) exceeds the fair value of its liabilities; and Borrower is not left with unreasonably small capital after the transactions contemplated by this Agreement.
Appears in 196 contracts
Samples: Loan and Security Agreement (Precision Biosciences Inc), Loan and Security Agreement (Siebert Financial Corp), Loan and Security Agreement (Precision Biosciences Inc)
Solvency, Payment of Debts. Borrower is able to pay its debts (including trade debts) as they mature; the fair saleable value of Borrower’s 's assets (including goodwill minus disposition costs) exceeds the fair value of its liabilities; and Borrower is not left with unreasonably small capital after the transactions contemplated by this Agreement.
Appears in 22 contracts
Samples: Loan and Security Agreement (908 Devices Inc.), Loan and Security Agreement (908 Devices Inc.), Loan and Security Agreement (Cas Medical Systems Inc)
Solvency, Payment of Debts. Borrower is able to pay its debts (including trade debts) as they mature; the fair saleable value of Borrower’s assets (including goodwill minus disposition costs) exceeds the fair value of its liabilities; and Borrower is not left with unreasonably small capital after the transactions contemplated by this Agreement.
Appears in 7 contracts
Samples: Loan Agreement (Ault Alliance, Inc.), Loan and Security Agreement (Imperalis Holding Corp.), Loan and Security Agreement
Solvency, Payment of Debts. Each Borrower is able to pay its debts (including trade debts) as they mature; the fair saleable value of each Borrower’s assets (including goodwill minus disposition costs) exceeds the fair value of its liabilities; and no Borrower is not left with unreasonably small capital after the transactions contemplated by this Agreement.
Appears in 6 contracts
Samples: Loan and Security Agreement (Compass Therapeutics, Inc.), Loan and Security Agreement, Loan and Security Agreement (Obalon Therapeutics Inc)
Solvency, Payment of Debts. Borrower is able to pay its debts (including trade debts) as they mature; the fair saleable value of Borrower’s assets (including goodwill minus disposition costs) exceeds the fair value of its liabilities; and Borrower is not left with unreasonably small capital after the transactions contemplated by this Agreement.
Appears in 5 contracts
Samples: Loan and Security Agreement (Cardlytics, Inc.), Loan and Security Agreement, Loan and Security Agreement (Cardlytics, Inc.)
Solvency, Payment of Debts. Borrower is able to pay its debts (including trade debts) as they mature; the fair saleable net book value of Borrower’s assets (including goodwill minus disposition costs) exceeds the fair value of its liabilities; and Borrower is not left with unreasonably small capital after the transactions contemplated by this Agreement.
Appears in 5 contracts
Samples: Loan and Security Agreement (Roka BioScience, Inc.), Loan and Security Agreement (Roka BioScience, Inc.), Loan and Security Agreement (Roka BioScience, Inc.)
Solvency, Payment of Debts. Such Borrower is able to pay its debts (including trade debts) as they mature; the fair saleable value of such Borrower’s assets (including goodwill minus disposition costs) exceeds the fair value of its liabilities; and such Borrower is not left with unreasonably small capital after the transactions contemplated by this Agreement.
Appears in 3 contracts
Samples: Loan and Security Agreement (Interpace Biosciences, Inc.), Loan and Security Agreement (Upland Software, Inc.), Loan and Security Agreement (Upland Software, Inc.)
Solvency, Payment of Debts. Each Borrower is able to pay its debts (including trade debts) as they mature; the fair saleable value of such Borrower’s 's assets (including goodwill minus disposition costs) exceeds the fair value of its liabilities; and such Borrower is not left with unreasonably small capital after the transactions contemplated by this Agreement.
Appears in 3 contracts
Samples: Loan and Security Agreement (Convio, Inc.), Loan and Security Agreement (Convio, Inc.), Loan and Security Agreement (Pfsweb Inc)
Solvency, Payment of Debts. Borrower is able to pay its debts (including trade debts) generally as they mature; the fair saleable value of Borrower’s assets (including goodwill minus disposition costs) exceeds the fair value of its liabilities; and Borrower is not left with unreasonably small capital after the transactions contemplated by this Agreement.
Appears in 3 contracts
Samples: Loan and Security Agreement (Nutanix, Inc.), Loan and Security Agreement (Nutanix, Inc.), Loan and Security Agreement (CareDx, Inc.)
Solvency, Payment of Debts. Borrower is able to pay its debts (including trade debts) as they mature; the fair saleable value of Borrower’s assets (including goodwill minus disposition costs) exceeds the fair value of its liabilities; and Borrower is not left with unreasonably small capital after the transactions contemplated by this Agreement.,
Appears in 3 contracts
Samples: Loan and Security Agreement (Natera, Inc.), Loan and Security Agreement (Natera, Inc.), Loan and Security Agreement (Natera, Inc.)
Solvency, Payment of Debts. Each Borrower is able to pay its debts (including trade debts) as they maturemature in the ordinary course of business; the fair saleable value of each Borrower’s assets (including goodwill minus disposition costs) exceeds the fair value of its liabilities; and Borrower is not left with unreasonably small capital after the transactions contemplated by this Agreement.
Appears in 2 contracts
Samples: Loan and Security Agreement (Asante Solutions, Inc.), Loan and Security Agreement (Asante Solutions, Inc.)
Solvency, Payment of Debts. Borrower is able to pay its debts (including trade debts) as they mature; the fair saleable value of Borrower’s assets (including goodwill minus disposition costs) exceeds the fair value of its liabilities; and Borrower is not left with unreasonably small capital after the transactions contemplated by this Agreement.
Appears in 2 contracts
Samples: Loan and Security Agreement (CS Disco, Inc.), Loan and Security Agreement (CS Disco, Inc.)
Solvency, Payment of Debts. Borrower is able to pay its debts (including trade debts) as they mature; the fair saleable book value of Borrower’s assets (including goodwill minus disposition costs) exceeds the fair value of its liabilities; and Borrower is not left with unreasonably small capital after the transactions contemplated by this Agreement.
Appears in 2 contracts
Samples: Loan and Security Agreement (Borland Software Corp), Loan and Security Agreement (Starbase Corp)
Solvency, Payment of Debts. Borrower is able to pay its debts (including trade debts) as they mature; the Borrower believes in good faith that the fair saleable value of Borrower’s assets (including goodwill minus disposition costs) exceeds the fair value of its liabilities; and Borrower is not left with unreasonably small capital after the transactions contemplated by this Agreement.
Appears in 2 contracts
Samples: Loan and Security Agreement (GenMark Diagnostics, Inc.), Loan and Security Agreement (GenMark Diagnostics, Inc.)
Solvency, Payment of Debts. Each Borrower is able to pay its debts (including trade debts) as they mature; the fair saleable value of each Borrower’s assets (including goodwill minus disposition costs) exceeds the fair value of its such Borrower’s liabilities; and no Borrower is not left with unreasonably small capital after the transactions contemplated by this Agreement.
Appears in 2 contracts
Samples: Loan and Security Agreement (Everside Health Group, Inc.), Loan Agreement (PointClickCare Corp.)
Solvency, Payment of Debts. Borrower is able to pay its debts (including trade debts) as they mature; the fair saleable value of Borrower’s assets (including goodwill minus disposition costs) exceeds the fair value of its liabilities; and Borrower is not left with unreasonably small capital after the transactions contemplated by this Agreement. For purposes of this Section 5.8, deferred revenue will be classified as capital.
Appears in 2 contracts
Samples: Loan and Security Agreement (Somaxon Pharmaceuticals, Inc.), Loan and Security Agreement (Santarus Inc)
Solvency, Payment of Debts. Each Borrower is able to pay its debts (including trade debts) as they mature; the fair saleable value of each Borrower’s assets (including goodwill minus disposition costs) exceeds the fair value of its liabilities; and each Borrower is not left with unreasonably small capital after the transactions contemplated by this AgreementAgreement or the Xxxxx Debt.
Appears in 2 contracts
Samples: Loan and Security Agreement, Loan and Security Agreement (Entrade Inc)
Solvency, Payment of Debts. Borrower is and its Subsidiaries are able to pay its their debts (including trade debts) as they mature; the fair saleable value of Borrower’s their assets (including goodwill minus disposition costs) exceeds the fair value of its their liabilities; and Borrower is and its Subsidiaries, on a consolidated basis, are not left with unreasonably small capital after the transactions contemplated by this Agreement.
Appears in 2 contracts
Samples: Loan and Security Agreement (Adicet Bio, Inc.), Loan and Security Agreement (resTORbio, Inc.)
Solvency, Payment of Debts. Each Borrower is able to pay its debts (including trade debts) as they mature; the fair saleable value of Borrower’s assets (including goodwill minus disposition costs) exceeds the fair value of its liabilities; and Borrower is not left with unreasonably small capital after the transactions contemplated by this Agreement, in Bank’s good faith business judgment.
Appears in 2 contracts
Samples: Loan and Security Agreement (Identiv, Inc.), Loan and Security Agreement (Identiv, Inc.)
Solvency, Payment of Debts. Borrower is able to pay its debts (including trade debts) as they maturebecome due; the fair saleable value of Borrower’s assets (including goodwill minus disposition costs) exceeds the fair value of its liabilities; and Borrower is not left with unreasonably small capital after the transactions contemplated by this Agreement.
Appears in 1 contract
Solvency, Payment of Debts. Borrower is able to pay its debts -------------------------- (including trade debts) as they mature; the fair saleable value of Borrower’s 's assets (including goodwill minus disposition costs) exceeds the fair value of its liabilities; and Borrower is not left with unreasonably small capital after the transactions contemplated by this Agreement.
Appears in 1 contract
Samples: Loan and Security Agreement (Citadel Security Software Inc)
Solvency, Payment of Debts. Borrower is able to pay its debts (including trade debts) as they mature; the fair saleable value of Borrower’s assets (including goodwill minus disposition costs) exceeds the fair value of its liabilities; and Borrower is not nor left with unreasonably small capital after the transactions contemplated by this Agreement.
Appears in 1 contract
Samples: Loan and Security Agreement (Allena Pharmaceuticals, Inc.)
Solvency, Payment of Debts. Borrower is generally able to pay its debts (including trade debts) as and when they mature; the fair saleable value of Borrower’s assets (including goodwill minus disposition costs) exceeds the fair value of its liabilities; and Borrower is not left with unreasonably small capital after the transactions contemplated by this Agreement.
Appears in 1 contract
Solvency, Payment of Debts. Borrower is able to pay its debts (including trade debts) as they mature; the fair saleable value of Borrower’s assets 's Assets (including goodwill minus disposition costs) exceeds the fair value of its liabilitiesliabilities less its deferred maintenance and royalties and other revenue derived from Licenses; and Borrower is not left with unreasonably small capital after the transactions contemplated by this Agreement.
Appears in 1 contract
Solvency, Payment of Debts. Borrower is able to pay its debts (including trade debts) as they mature; the fair saleable value of Borrower’s assets (including goodwill minus disposition costs) exceeds the fair value of its liabilitiesliabilities (excluding intercompany liabilities to Parent); and Borrower is not left with unreasonably small capital after the transactions contemplated by this Agreement.
Appears in 1 contract
Solvency, Payment of Debts. Borrower is able to pay its debts (including trade debts) as they mature; the fair saleable value of Borrower’s assets (including goodwill minus disposition costs) exceeds the fair value of its liabilitiesliabilities (excluding, for the purposes of this representation only, the liabilities in connection with the Subordinated Debt existing as of the Closing Date); and Borrower is not left with unreasonably small capital after the transactions contemplated by this Agreement.
Appears in 1 contract
Solvency, Payment of Debts. Each Borrower is able to pay its debts (including trade debts) as they mature; the fair saleable value of Borrower’s Borrowers' assets (including goodwill minus disposition costs) exceeds the fair value of its their liabilities; and Borrower is Borrowers are not left with an unreasonably small amount of capital after the transactions contemplated by this AgreementAgreement relative to the Borrowers' business and operations.
Appears in 1 contract
Solvency, Payment of Debts. Borrower is able to pay its debts (including trade debts) as they mature; the fair saleable value (on a going concern basis) of Borrower’s 's assets (including goodwill minus disposition costs) exceeds the fair value of its liabilities; and Borrower is not left with unreasonably small capital after the transactions contemplated by this Agreement. 4.
Appears in 1 contract
Solvency, Payment of Debts. Each Borrower is able to pay its debts (including trade debts) as they mature; the fair saleable value of each Borrower’s assets (including goodwill minus disposition costs) exceeds the fair value of its liabilities; and neither Borrower is not left with unreasonably small capital after the transactions contemplated by this Agreement.
Appears in 1 contract
Solvency, Payment of Debts. Each Borrower is able to pay its debts (including trade debts) as they mature; the fair saleable value of each Borrower’s assets (including goodwill minus disposition costs) exceeds the fair value of its liabilities; and each Borrower is not left with unreasonably small capital after the transactions contemplated by this Agreement.
Appears in 1 contract
Solvency, Payment of Debts. Borrower is Borrowers, taken as a whole, are solvent and able to pay its their debts (including trade debts) as they mature; the fair saleable value of Borrower’s Borrowers’ assets (including goodwill minus disposition costs) exceeds the fair value of its liabilities; and Borrower is Borrowers, taken as a whole, are not left with unreasonably small capital after the transactions contemplated by this Agreement.
Appears in 1 contract
Solvency, Payment of Debts. Each Borrower is able to pay its debts (including trade debts) as they mature; the fair saleable value of Borrower’s Borrowers’ assets (including goodwill minus disposition costs) exceeds the fair value of its their liabilities; and Borrower is Borrowers are not left with an unreasonably small amount of capital after the transactions contemplated by this AgreementAgreement relative to the Borrowers’ business and operations.
Appears in 1 contract
Solvency, Payment of Debts. Borrower is able to pay its debts (including trade debts) as they mature; the fair saleable value of Borrower’s assets (including goodwill minus disposition costs) exceeds the fair value of its liabilities; and after giving effect to the transactions contemplated by this Agreement, Borrower is not left with unreasonably small capital after the transactions contemplated by this Agreementcapital.
Appears in 1 contract
Samples: Loan and Security Agreement (Igi Laboratories, Inc)
Solvency, Payment of Debts. Borrower is able to pay its debts (including trade debts) as they mature; the fair saleable value of Borrower’s assets (including goodwill minus disposition costs) exceeds the fair value of its liabilities; and Borrower is not left with unreasonably small capital after the transactions contemplated by this Agreement.minus
Appears in 1 contract
Samples: Loan and Security Agreement (Ekso Bionics Holdings, Inc.)
Solvency, Payment of Debts. Borrower is able to pay its debts (including trade debts) as they maturemature in the ordinary course of business; the fair saleable value of Borrower’s assets (including goodwill minus disposition costs) exceeds the fair value of its liabilities; and Borrower is not left with unreasonably small capital after the transactions contemplated by this Agreement.
Appears in 1 contract
