Common use of Solvency; Sufficient Capital Clause in Contracts

Solvency; Sufficient Capital. After giving effect to the Intercompany Account Settlement, (a) the fair saleable value of all of the assets and properties (including goodwill) of the Company will be greater than the total of its Liabilities and (b) the projected cash flow from operating activities of the Company is sufficient to pay the probable Liability on its existing debts as such debts become due and payable and will not result in unreasonably small capital of the Company. The Company currently pays its Liabilities as they become due and payable in the normal course of business.

Appears in 2 contracts

Samples: Purchase Agreement (MGM Mirage), Purchase Agreement (Herbst Gaming Inc)

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Solvency; Sufficient Capital. After giving effect to the Intercompany Account Settlement, (a) the fair saleable value of all of the assets and properties (including goodwill) of the Company will be greater than the total of its Liabilities and (b) the projected cash flow from operating activities of the Company is sufficient to pay the probable Liability on its existing debts as such debts become due and payable and will not result in unreasonably small capital of the Company. The Company currently pays its Liabilities as they become due and payable in the normal ordinary course of business.

Appears in 2 contracts

Samples: Purchase Agreement (MGM Mirage), Purchase Agreement (MGM Mirage)

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Solvency; Sufficient Capital. After giving effect to the Intercompany Account Settlement, (a) the fair saleable value of all of the assets and properties (including goodwill) of the each Company will be greater than the total of its Liabilities and (b) the projected cash flow from operating activities of the each Company is sufficient to pay the probable Liability (other than Liabilities that are accounted for in the definition of Working Capital) on its existing debts as such debts become due and payable and will not result in unreasonably small capital of the each Company. The Each Company currently pays its Liabilities as they become due and payable in the normal ordinary course of business.

Appears in 1 contract

Samples: Purchase Agreement (MGM Mirage)

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