Solvency. The fair salable value of Borrower’s assets (including goodwill minus disposition costs) exceeds the fair value of its liabilities; Borrower is not left with unreasonably small capital after the transactions in this Agreement; and Borrower is able to pay its debts (including trade debts) as they mature.
Appears in 390 contracts
Samples: Loan and Security Agreement (Acme United Corp), Loan Agreement (Smart for Life, Inc.), Loan and Security Agreement (Root, Inc.)
Solvency. The fair salable value of Borrower’s consolidated assets (including goodwill minus disposition costs) exceeds the fair value of its Borrower’s liabilities; Borrower is not left with unreasonably small capital after the transactions in this Agreement; and Borrower is able to pay its debts (including trade debts) as they mature.
Appears in 257 contracts
Samples: Loan and Security Agreement (Weave Communications, Inc.), Loan and Security Agreement (Contineum Therapeutics, Inc.), Loan and Security Agreement (Homology Medicines, Inc.)
Solvency. The fair salable value of Borrower’s 's assets (including goodwill minus disposition costs) exceeds the fair value of its liabilities; the Borrower is not left with unreasonably small capital after the transactions in this Agreement; and Borrower is able to pay its debts (including trade debts) as they mature.
Appears in 119 contracts
Samples: Loan and Security Agreement (Isis Pharmaceuticals Inc), Loan and Security Agreement (Preview Systems Inc), Loan and Security Agreement (Jamdat Mobile Inc)
Solvency. The fair salable value of Borrower’s assets (including goodwill minus disposition costs) exceeds the fair value of its liabilities; the Borrower is not left with unreasonably small capital after the transactions in this Agreement; and Borrower is able to pay its debts (including trade debts) as they mature.
Appears in 50 contracts
Samples: Loan and Security Agreement (Quicklogic Corporation), Loan and Security Agreement (Pharsight Corp), Loan and Security Agreement (Omnicell Inc /Ca/)
Solvency. The fair salable saleable value of Borrower’s 's assets (including goodwill minus disposition costs) exceeds the fair value of its liabilities; the Borrower is not left with unreasonably small capital after the transactions in contemplated by this Agreement; and Borrower is able to pay its debts (including trade debts) as they mature.
Appears in 44 contracts
Samples: Loan and Security Agreement (Intervisual Books Inc /Ca), Loan and Security Agreement (Wavephore Inc), Loan and Security Agreement (Tripath Imaging Inc)
Solvency. The fair salable value of Borrower’s 's assets (including goodwill minus disposition costs) exceeds the fair value of its liabilities; Borrower is not left with unreasonably small capital after the transactions in this Agreement; and Borrower is able to pay its debts (including trade debts) as they mature.
Appears in 26 contracts
Samples: Loan and Security Agreement (Chyron Corp), Loan and Security Agreement (ExactTarget, Inc.), Loan and Security Agreement (NMS Communications Corp)
Solvency. The fair salable value of Borrower’s consolidated assets (including goodwill minus disposition costs) exceeds the fair value of its Borrower’s liabilities; Borrower is not left with unreasonably small capital after the transactions in this Agreement; and Borrower is and each of its Subsidiaries are able to pay its their debts (including trade debts) as they mature.
Appears in 18 contracts
Samples: Loan and Security Agreement (Castle Biosciences Inc), Loan and Security Agreement (Serve Robotics Inc. /DE/), Loan and Security Agreement (EyePoint Pharmaceuticals, Inc.)
Solvency. The fair salable value of Borrower’s 's assets (including goodwill minus disposition costs) exceeds the fair value of its liabilities; Borrower is not left with unreasonably small capital after the transactions in this Agreement; and Borrower is able to pay its debts (including trade debts) as they mature.
Appears in 10 contracts
Samples: Loan Modification Agreement (A123 Systems, Inc.), Loan Modification Agreement (A123 Systems, Inc.), Term Loan and Security Agreement (A123 Systems Inc)
Solvency. The fair salable value of each Borrower’s assets (including goodwill minus disposition costs) exceeds the fair value of its liabilities; no Borrower is not left with unreasonably small capital after the transactions in this Agreement; and each Borrower is able to pay its debts (including trade debts) as they mature.
Appears in 7 contracts
Samples: Loan and Security Agreement (EnergyConnect Group Inc), Loan and Security Agreement (Banks.com, Inc.), Loan and Security Agreement (Ev3 Inc.)
Solvency. The fair salable value of Borrower’s 's assets (including goodwill minus disposition costs) exceeds the fair value of its liabilities; the Borrower is not left with unreasonably small capital after the transactions in this AgreementAgreement or any of the Loan Documents; and Borrower is able to pay its debts (including trade debts) as they mature.
Appears in 7 contracts
Samples: Loan and Security Agreement (Witness Systems Inc), Loan and Security Agreement (Optium Corp), Loan and Security Agreement (Viewlocity Inc)
Solvency. The fair salable value of Borrower’s consolidated assets (including goodwill minus disposition costs) exceeds the fair value of its Borrower’s liabilities; Borrower is not left with unreasonably small capital after the transactions in this Agreement; and Borrower is able to pay its debts generally (including trade debts) as they mature.
Appears in 6 contracts
Samples: Loan and Security Agreement (Sentinel Labs, Inc.), Loan and Security Agreement (iRhythm Technologies, Inc.), Loan and Security Agreement (A10 Networks, Inc.)
Solvency. The fair salable value of Borrower’s assets (including goodwill minus disposition costs) exceeds the fair value of its liabilities; Borrower is not left with unreasonably small capital after the transactions in this Agreement; and Borrower is able to pay its debts (including trade debts) as they mature.
Appears in 6 contracts
Samples: Loan Modification Agreement (A123 Systems, Inc.), Loan and Security Agreement (Alimera Sciences Inc), Loan and Security Agreement (Alimera Sciences Inc)
Solvency. The fair salable saleable value of Borrower’s 's assets (including goodwill minus disposition costs) exceeds the fair value of its liabilities; Borrower is not left with unreasonably small capital after the transactions in contemplated by this Agreement; and Borrower is able to pay its debts (including trade debts) as they mature.
Appears in 6 contracts
Samples: Loan and Security Agreement (Imanage Inc), August 1999 Loan Modification Agreement (Imanage Inc), Loan and Security Agreement (Imanage Inc)
Solvency. The fair salable value of Borrower’s assets (including goodwill minus disposition costs) exceeds the fair value of its liabilities; the Borrower is not left with unreasonably small capital after the transactions in this AgreementAgreement or any of the Loan Documents; and Borrower is able to pay its debts (including trade debts) as they mature.
Appears in 5 contracts
Samples: Loan Modification Agreement (Sirf Technology Holdings Inc), Loan and Security Agreement (Sirf Technology Holdings Inc), Loan and Security Agreement (PortalPlayer, Inc.)
Solvency. The fair salable value of Borrower’s assets (including goodwill minus disposition costs) exceeds the fair value of its liabilities; . After giving effect to the transactions described in this Agreement, (a) Borrower is not left with unreasonably small capital after the transactions in this Agreement; relation to its business as presently conducted, and (b) Borrower is able to pay its debts (including trade debts) as they mature.
Appears in 5 contracts
Samples: Loan and Security Agreement (Regado Biosciences Inc), Loan and Security Agreement (Regado Biosciences Inc), Loan and Security Agreement (Kalobios Pharmaceuticals Inc)
Solvency. The fair salable value of BorrowerDebtor’s assets (including goodwill minus disposition costs) exceeds the fair value of its liabilities; Borrower the Debtor is not left with unreasonably small capital after the transactions in this Agreement; Agreement or any Collateral Schedule and Borrower Debtor is able to pay its debts (including trade debts) as they mature.
Appears in 5 contracts
Samples: Master Security Agreement (Tengion Inc), Master Security Agreement (Ironwood Pharmaceuticals Inc), Master Security Agreement (Alnylam Pharmaceuticals, Inc.)
Solvency. The fair salable value of Borrower’s 's consolidated assets (including goodwill minus disposition costs) exceeds the fair value of its Borrower's liabilities; Borrower is not left with unreasonably small capital after the transactions in this Agreement; and Borrower is able to pay its debts (including trade debts) as they mature.
Appears in 5 contracts
Samples: Loan and Security Agreement (Nebula Caravel Acquisition Corp.), Mezzanine Loan and Security Agreement (Nebula Caravel Acquisition Corp.), Loan and Security Agreement (Envision Solar International, Inc.)
Solvency. The fair salable value of Borrower’s 's consolidated assets (including goodwill minus disposition costs) exceeds the fair value of its Borrower's liabilities; Borrower is not left with unreasonably small capital after the transactions in this Agreement; and Borrower is able to pay its debts generally (including trade debts) as they mature.
Appears in 4 contracts
Samples: Loan and Security Agreement (Quantenna Communications Inc), Mezzanine Loan and Security Agreement (Quantenna Communications Inc), Mezzanine Loan and Security Agreement (Quantenna Communications Inc)
Solvency. The fair salable saleable value of Borrower’s assets (including goodwill minus disposition costs) exceeds the fair value of its liabilities; the Borrower is not left with unreasonably small capital after the transactions in contemplated by this Agreement; and Borrower is able to pay its debts (including trade debts) as they mature.
Appears in 4 contracts
Samples: Business Loan and Security Agreement (Iridex Corp), Loan and Security Agreement (Anda Networks Inc), Loan and Security Agreement (Versata Inc)
Solvency. The fair salable value of Borrower’s 's assets (including -------- goodwill minus disposition costs) exceeds the fair value of its liabilities; the Borrower is not left with unreasonably small capital after the transactions in this Agreement; and Borrower is able to pay its debts (including trade debts) as they mature.
Appears in 4 contracts
Samples: Loan and Security Agreement (Lantronix Inc), Loan and Security Agreement (Bio Imaging Technologies Inc), Loan and Security Agreement (Clarus Corp)
Solvency. The fair salable value of BorrowerDebtor’s assets (including goodwill minus disposition costs) exceeds the fair value of its liabilities; Borrower the Debtor is not left with unreasonably small capital after the transactions in this Agreement; Agreement or any Notes and Borrower Debtor is able to pay its debts (including trade debts) as they mature.
Appears in 4 contracts
Samples: Master Security Agreement (Reply! Inc), Master Security Agreement (Omeros Corp), Master Security Agreement (Vical Inc)
Solvency. The fair salable value of Borrower’s consolidated assets (including goodwill minus disposition costs) exceeds the fair value of its Borrower’s liabilities; Borrower is not left with unreasonably small capital after the transactions in this Agreement; and Borrower is able to pay its debts (including trade debts) as they mature.. 5.7
Appears in 4 contracts
Samples: Execution Version Loan and Security Agreement (Lightning eMotors, Inc.), Loan and Security Agreement (Luna Innovations Inc), Loan and Security Agreement (Lojack Corp)
Solvency. The fair salable value of Borrower’s assets (including goodwill minus disposition costs) exceeds the fair value of its liabilities; Borrower is not left with unreasonably small capital after the transactions in contemplated by this Agreement; and Borrower is able to pay its debts (including trade debts) as they mature.
Appears in 4 contracts
Samples: Loan and Security Agreement, Loan and Security Agreement (Complete Genomics Inc), Loan and Security Agreement (GigOptix, Inc.)
Solvency. The fair salable value of Borrower’s assets (including goodwill minus disposition costs) exceeds the fair value of its liabilitiesliabilities (excluding Borrower’s Subordinated Debt); Borrower is not left with unreasonably small capital after the transactions in this Agreement; and Borrower is able to pay its debts (including trade debts) as they mature.
Appears in 4 contracts
Samples: Loan and Security Agreement (Nupathe Inc.), Loan and Security Agreement (Nupathe Inc.), Loan and Security Agreement (Nupathe Inc.)
Solvency. The fair salable value of Borrower’s consolidated assets (including goodwill minus disposition costs) exceeds the fair value of its Borrower’s liabilities; Borrower is not left with unreasonably small capital after the transactions in contemplated by this Agreement; and Borrower is able to pay its debts (including trade debts) as they mature.
Appears in 3 contracts
Samples: Loan and Security Agreement (Satsuma Pharmaceuticals, Inc.), Loan and Security Agreement (Harmonic Inc), Loan and Security Agreement (Ari Network Services Inc /Wi)
Solvency. The fair salable value of Borrower’s assets (including goodwill minus disposition costs) exceeds the fair value of its liabilities; Borrower is not left with unreasonably small capital after giving effect to the transactions in this Agreement; and Borrower is able to pay its debts (including trade debts) as they mature. Neither Borrower nor any Guarantor is the subject of any threatened, pending or current Insolvency Proceeding.
Appears in 3 contracts
Samples: Security and Guarantee Agreement, Loan, Security and Guarantee Agreement (Ener-Core Inc.), Loan, Security and Guarantee Agreement (Ener-Core Inc.)
Solvency. The fair salable value of Borrower’s consolidated assets (including goodwill minus disposition costs) exceeds the fair value of its Borrower’s current liabilities; Borrower is not left with unreasonably small capital after the transactions in this Agreement; and Borrower is able to pay its debts (including trade debts) as they mature.
Appears in 3 contracts
Samples: Loan and Security Agreement, Loan and Security Agreement (Miragen Therapeutics, Inc.), Loan and Security Agreement (Signal Genetics, Inc.)
Solvency. The On a consolidated and consolidating basis, the fair salable value of Borrower’s assets (including goodwill minus disposition costs) exceeds the fair value of its Borrower’s liabilities; Borrower is not left with unreasonably small capital after the transactions in this Agreement; and Borrower is and each of its Subsidiaries are able to pay its their debts (including trade debts) as they mature.
Appears in 3 contracts
Samples: Loan and Security Agreement (Sunlight Financial Holdings Inc.), Loan and Security Agreement (Sunlight Financial Holdings Inc.), Loan and Security Agreement (Spartan Acquisition Corp. II)
Solvency. The fair salable saleable value of Borrower’s 's assets (including -------- goodwill minus disposition costs) exceeds the fair value of its liabilities; the Borrower is not left with unreasonably small capital after the transactions in contemplated by this Agreement; and Borrower is able to pay its debts (including trade debts) as they mature.
Appears in 3 contracts
Samples: Loan and Security Agreement (Astea International Inc), Loan and Security Agreement (Open Market Inc), Loan and Security Agreement (Copper Mountain Networks Inc)
Solvency. The fair salable value of Borrower’s assets (including goodwill minus disposition costs) exceeds the fair value of its liabilities; Borrower is not left left, with unreasonably small capital after the transactions in this Agreement; and Borrower is able to pay its debts (including trade debts) as they mature.
Appears in 3 contracts
Samples: Loan and Security Agreement, Loan and Security Agreement (Splunk Inc), Loan and Security Agreement (Splunk Inc)
Solvency. The fair salable value of Borrower’s Borrowers’ assets (including goodwill minus disposition costs) exceeds the fair value of its liabilities; Borrower is the Borrowers are not left with unreasonably small capital after the transactions in this AgreementAgreement or any of the Loan Documents; and Borrower is able to pay its debts (including trade debts) as they mature.
Appears in 3 contracts
Samples: Loan and Security Agreement (Visual Networks Inc), Loan and Security Agreement (Visual Networks Inc), Loan and Security Agreement (Visual Networks Inc)
Solvency. The fair salable value of Borrower’s consolidated assets (including goodwill minus disposition costs) exceeds the fair value of its Borrower’s liabilities; Borrower is not left with unreasonably small capital after the transactions in this Agreement; and Borrower is able to pay its debts (including trade debts) as they mature.
Appears in 3 contracts
Samples: Loan and Security Agreement (Phreesia, Inc.), Loan and Security Agreement (Phreesia, Inc.), Loan and Security Agreement (Cti Biopharma Corp)
Solvency. The fair salable saleable value of Borrower’s 's assets (including goodwill minus disposition costs) exceeds the fair value of its liabilities; Borrower is not left with unreasonably small capital after the transactions in contemplated by this Agreement; and Borrower is solvent and able to pay its debts (including trade debts) as they mature.
Appears in 3 contracts
Samples: Loan and Security Agreement (Sequus Pharmaceuticals Inc), Loan and Security Agreement (Connetics Corp), Loan and Security Agreement (Calypte Biomedical Corp)
Solvency. The fair salable value of Borrower’s the assets (including goodwill minus disposition costs) of Borrower and its Subsidiaries, taken as a whole, exceeds the fair value of the liabilities of Borrower and its liabilitiesSubsidiaries, taken as a whole; Borrower is and its Subsidiaries, taken as a whole, are not left with unreasonably small capital after the transactions in this Agreement; and Borrower is and its Subsidiaries, taken as a whole, are able to pay its their debts generally (including trade debts) as they mature.
Appears in 3 contracts
Samples: Loan and Security Agreement (Aerohive Networks, Inc), Loan and Security Agreement (Aerohive Networks, Inc), Loan and Security Agreement (Aerohive Networks, Inc)
Solvency. The fair salable value of Borrower’s and each of its Subsidiaries’ assets (including goodwill minus disposition costs) exceeds the fair value of its liabilities; Neither Borrower nor any of its Subsidiaries is not left with unreasonably small capital after the transactions in this Agreement; and Borrower is and each of its Subsidiaries are able to pay its their debts (including trade debts) as they mature.
Appears in 3 contracts
Samples: Loan and Security Agreement (Radisys Corp), Loan and Security Agreement (3PAR Inc.), Loan and Security Agreement (Radisys Corp)
Solvency. The fair salable value of Borrower’s consolidated assets (including goodwill minus disposition costs) exceeds the fair value of its Borrower’s liabilities; Borrower is not left with unreasonably small capital after the transactions in this Agreement; and Borrower is able to pay its debts (including trade debts) as they mature.,
Appears in 3 contracts
Samples: Loan and Security Agreement (Health Catalyst, Inc.), Loan and Security Agreement (Health Catalyst, Inc.), Loan and Security Agreement (Health Catalyst, Inc.)
Solvency. The fair salable value of Borrower’s consolidated assets (including goodwill minus disposition costs) exceeds the fair value of its Borrower’s consolidated liabilities; Borrower is not left with unreasonably small capital after the transactions in this Agreement; and Borrower is able to pay its debts (including trade debts) as they mature.
Appears in 3 contracts
Samples: Loan and Security Agreement (Biodesix Inc), Bridge Loan and Security Agreement (PTC Therapeutics, Inc.), Loan and Security Agreement (Apellis Pharmaceuticals, Inc.)
Solvency. The fair salable saleable value of Borrower’s 's assets -------- (including goodwill minus disposition costs) exceeds the fair value of its liabilities; the Borrower is not left with unreasonably small capital after the transactions in contemplated by this Agreement; and Borrower is able to pay its debts (including trade debts) as they mature.
Appears in 3 contracts
Samples: Loan and Security Agreement (Manhattan Associates Inc), Loan and Security Agreement (Onsale Inc), Loan Modification Agreement (Interwoven Inc)
Solvency. The fair salable value of Borrower’s and its Subsidiaries’ consolidated assets (including goodwill minus disposition costs) exceeds the fair value of Borrower’s and its Subsidiaries’ consolidated liabilities; Borrower is and its Subsidiaries are not left with unreasonably small capital after the transactions in this Agreement; and Borrower and each of its Subsidiaries is able to pay its debts (including trade debts) as they mature.
Appears in 3 contracts
Samples: Loan and Security Agreement (Hansen Medical Inc), Loan and Security Agreement (Hansen Medical Inc), Loan and Security Agreement (Hansen Medical Inc)
Solvency. The fair salable value of each Borrower’s assets (including goodwill minus disposition costs) exceeds the fair value of its liabilities; neither Borrower is not left with unreasonably small capital after the transactions in this Agreement; and each Borrower is able to pay its debts (including trade debts) as they mature.
Appears in 2 contracts
Samples: Loan and Security Agreement (BK Technologies Corp), Loan and Security Agreement (BigBand Networks, Inc.)
Solvency. The fair salable value of Borrower’s assets (including goodwill minus disposition costs) exceeds the fair value of its liabilities; Borrower is not left with unreasonably small capital after the transactions in this Agreement; and Borrower is able to pay its debts (including trade debts) as they maturemature and CA UK is not unable to pay its debts (including trade debts) within the meaning of the UK Insolvency Xxx 0000 and has not stopped paying its debts as they fall due.
Appears in 2 contracts
Samples: Loan and Security Agreement (Channeladvisor Corp), Loan and Security Agreement (Channeladvisor Corp)
Solvency. The fair salable saleable value of Borrower’s 's assets -------- (including goodwill good will minus disposition costs) exceeds the fair value of its liabilities; Borrower is not left with unreasonably small capital after the transactions in contemplated by this Agreement; and Borrower is able to pay its debts (including trade debts) as they mature.
Appears in 2 contracts
Samples: Loan and Security Agreement (Inktomi Corp), Loan and Security Agreement (Inktomi Corp)
Solvency. The fair salable value of Borrower’s consolidated assets (including goodwill minus disposition costs) exceeds the fair value of its Borrower’s liabilities; Borrower is not left with unreasonably small capital after the transactions in this Agreement; and Borrower, individually, and Borrower is and its Subsidiaries on a consolidated basis, are able to pay its their debts (including trade debts) as they mature.
Appears in 2 contracts
Samples: 2023 Contingent Convertible Debt Agreement (Achieve Life Sciences, Inc.), Contingent Convertible Debt Agreement (Achieve Life Sciences, Inc.)
Solvency. The fair salable value of Borrower’s assets (including goodwill minus disposition costs) exceeds will at all times exceed the fair value of its liabilities; Borrower is not left with unreasonably small capital after the transactions in this Agreement; and Borrower is able to pay its debts (including trade debts) as they mature.
Appears in 2 contracts
Samples: Master Loan and Security Agreement (CytomX Therapeutics, Inc.), Master Loan and Security Agreement (CytomX Therapeutics, Inc.)
Solvency. The fair salable value of Borrower’s 's assets (including goodwill minus disposition costs) exceeds the fair value of its liabilities; Borrower is not left with unreasonably small capital after the transactions in this Agreement; liabilities and Borrower is able to pay its debts (including trade debts) as they mature.
Appears in 2 contracts
Samples: Loan and Security Agreement (Silicon Storage Technology Inc), Loan and Security Agreement (Ultimate Software Group Inc)
Solvency. The fair salable saleable value of Borrower’s 's assets (including goodwill minus disposition costs) exceeds the fair value of its liabilities; Borrower is not left with unreasonably small capital after the transactions in this Agreement; and Borrower is able to pay its debts (including trade debts) as they mature.unreasonably
Appears in 2 contracts
Samples: Loan and Security Agreement (Infoseek Corp), Loan and Security Agreement (Safeguard Health Enterprises Inc)
Solvency. The fair salable value of Borrower’s assets (including goodwill minus disposition costs) exceeds the fair value of its liabilities; the Borrower is not left with unreasonably small capital after the transactions in this Agreement; Agreement or any Loan Schedule and Borrower is able to pay its debts (including trade debts) as they mature.
Appears in 2 contracts
Samples: Master Loan and Security Agreement (CytomX Therapeutics, Inc.), Master Loan and Security Agreement (CytomX Therapeutics, Inc.)
Solvency. The fair salable value of Borrower’s Borrowers’ consolidated assets (including goodwill minus disposition costs) exceeds the fair value of its Borrowers’ liabilities; no Borrower is not left with unreasonably small capital after the transactions in this Agreement; and each Borrower is able to pay its debts (including trade debts) as they mature.
Appears in 2 contracts
Samples: Loan and Security Agreement (Aviat Networks, Inc.), Loan and Security Agreement (Aviat Networks, Inc.)
Solvency. The fair salable value of Borrower’s 's assets (including goodwill minus disposition costs) exceeds the fair value of its liabilities; the Borrower is not left with unreasonably small capital after the transactions in this Exim Agreement; and Borrower is able to pay its debts (including trade debts) as they mature.
Appears in 2 contracts
Samples: Loan and Security Agreement (Packeteer Inc), Loan and Security Agreement (Daleen Technologies Inc)
Solvency. The fair salable value of BorrowerDebtor’s assets (including goodwill minus disposition costs) exceeds the fair value of its liabilities; Borrower the Debtor is not left with unreasonably small capital after the transactions in this Agreement; Agreement or any Collateral Schedule and Borrower Debtor is able to pay its debts (including trade debts) as they mature.;
Appears in 2 contracts
Samples: Master Security Agreement (Codexis Inc), Master Security Agreement (Codexis Inc)
Solvency. The fair salable value of Borrower’s assets (including goodwill minus disposition costs) exceeds the fair value of its liabilities; Borrower is not left with unreasonably small capital after the transactions in this Agreement; liabilities and Borrower is able to pay its debts (including trade debts) as they mature.
Appears in 2 contracts
Samples: Loan and Security Agreement (Silicon Storage Technology Inc), Loan and Security Agreement (Apex Bioventures Acquisition Corp)
Solvency. The fair salable value of Borrower’s consolidated assets (including goodwill minus disposition costs) exceeds the fair value of its Borrower’s liabilities; Borrower is not left with unreasonably small capital after the transactions in this Agreement; and Borrower is and each of its Subsidiaries are able to pay its their debts (including trade debts) as they mature. The amount of any contingent liability at any time shall be computed as the amount that would reasonably be expected to become an actual and matured liability.
Appears in 2 contracts
Samples: Loan and Security Agreement (Sight Sciences, Inc.), Working Capital Facility Agreement (Heron Therapeutics, Inc. /De/)
Solvency. The Based on the financial condition of Borrower as of the Closing Date, the fair salable value of Borrower’s assets (including goodwill minus disposition costs) exceeds the fair value of its liabilities; the Borrower is not left with unreasonably small capital after the transactions in this Agreement; and Borrower is able to pay its debts (including trade debts) as they mature.
Appears in 2 contracts
Samples: Loan and Security Agreement (Poniard Pharmaceuticals, Inc.), Loan and Security Agreement (Poniard Pharmaceuticals, Inc.)
Solvency. The fair salable saleable value of Borrower’s 's assets (including goodwill good will minus disposition costs) exceeds the fair value of its liabilities; Borrower is not left with unreasonably small capital after the transactions in contemplated by this Agreement; and Borrower is able to pay its debts (including trade debts) as they mature.
Appears in 2 contracts
Samples: Loan and Security Agreement (Broadvision Inc), Loan Agreement (Centigram Communications Corp)
Solvency. The fair salable value of Borrower’s 's assets (including goodwill minus disposition costs) exceeds the fair value of its liabilities; . Borrower is not left with unreasonably small capital after the transactions contemplated in this Agreement; , and Borrower is able to pay its debts (including trade debts) as they mature.
Appears in 2 contracts
Samples: Loan and Security Agreement (Critical Path Inc), Loan and Security Agreement (Invision Technologies Inc)
Solvency. The fair salable value of Borrower’s assets (including goodwill minus disposition costs) exceeds the fair value of its liabilities; . Borrower is not left with unreasonably small capital after the transactions contemplated in this Agreement; , and Borrower is able to pay its debts (including trade debts) as they mature.
Appears in 2 contracts
Samples: Loan and Security Agreement (Broadvision Inc), Loan and Security Agreement (Intraware Inc)
Solvency. The fair salable value of Borrower’s 's assets (including goodwill good will minus disposition costs) exceeds the fair value of its liabilities; Borrower is not left with unreasonably small capital after the transactions in contemplated by this Agreement; and Borrower is able to pay its debts (including trade debts) as they mature.
Appears in 2 contracts
Samples: Loan and Security Agreement (Array Biopharma Inc), Loan and Security Agreement (Array Biopharma Inc)
Solvency. The fair salable value of Borrower’s consolidated assets (including goodwill minus disposition costs) exceeds the fair value of its Borrower’s consolidated liabilities; Borrower is not left with unreasonably small capital after the transactions in this Agreement; and Borrower is and each of its Subsidiaries are able to pay its their debts (including trade debts) as they mature.
Appears in 2 contracts
Samples: Loan and Security Agreement (Environmental Impact Acquisition Corp), Loan and Security Agreement (Direct Digital Holdings, Inc.)
Solvency. The fair salable value of Borrower’s 's assets (including goodwill minus disposition costs) exceeds the fair value of its liabilities; Borrower is not left with unreasonably small capital the Borrower's remaining assets after the transactions contemplated herein are not unreasonably small in this Agreementrelation to its business; and Borrower is able to pay its debts (including trade debts) as they mature.
Appears in 2 contracts
Samples: Loan and Security Agreement (Harmonic Inc), Loan and Security Agreement (Harmonic Inc)
Solvency. The the fair salable saleable value of Borrower’s 's assets (including goodwill minus disposition costs) exceeds the fair value of its liabilities; : the Borrower is not left with unreasonably small capital after the transactions in transaction contemplated by this Agreement; and : Borrower is now and shall be at all times solvent and able to pay its debts (including trade debts) as they mature.
Appears in 2 contracts
Samples: Revolving Credit and Security Agreement (Avanex Corp), Revolving Credit and Security Agreement (Avanex Corp)
Solvency. The fair salable saleable value of Borrower’s 's assets (including goodwill minus disposition costs) exceeds the fair value of its liabilities; the Borrower is not left with unreasonably small capital after the transactions in contemplated by this Agreement; Agreement and Borrower is able to pay its debts (including trade debts) as they mature.
Appears in 2 contracts
Samples: Loan and Security Agreement (Maker Communications Inc), Loan and Security Agreement (Maker Communications Inc)
Solvency. The fair salable value of Borrower’s Borrowers’ assets (including goodwill minus disposition costs) exceeds the fair value of its their liabilities; no Borrower is not left with unreasonably small capital after the transactions in this AgreementAgreement or any of the Loan Documents; and each Borrower is able to pay its debts (including trade debts) as they mature.
Appears in 2 contracts
Samples: Loan and Security Agreement (Manugistics Group Inc), Loan and Security Agreement (Manugistics Group Inc)
Solvency. The fair salable value of each Borrower’s assets (including goodwill minus disposition costs) exceeds the fair value of its such Borrower’s liabilities; neither Borrower is not left with unreasonably small capital after the transactions in this Agreement; and each Borrower is able to pay its debts (including trade debts) as they mature.
Appears in 2 contracts
Samples: Loan and Security Agreement (Sciclone Pharmaceuticals Inc), Loan and Security Agreement (Sciclone Pharmaceuticals Inc)
Solvency. The fair salable value of Borrower’s consolidated assets (including goodwill minus disposition costs) exceeds the fair value of its liabilitiesBorrower’s liabilities as they mature; Borrower is not left with unreasonably small capital after the transactions in this Agreement; and Borrower is able to pay its debts (including trade debts) as they mature.
Appears in 2 contracts
Samples: Loan and Security Agreement (NanoString Technologies Inc), Loan and Security Agreement (NanoString Technologies Inc)
Solvency. The fair salable value of Borrower’s Borrowers' assets (including goodwill minus disposition costs) exceeds the fair value of its their liabilities; no Borrower is not left with unreasonably small capital after the transactions in this AgreementAgreement or any of the Loan Documents; and each Borrower is able to pay its debts (including trade debts) as they mature.
Appears in 2 contracts
Samples: Loan and Security Agreement (Manugistics Group Inc), Loan Agreement (Manugistics Group Inc)
Solvency. The fair salable value of Borrower’s consolidated assets (including goodwill minus disposition costs) exceeds the fair value of its Borrower’s liabilities; Borrower is not left with unreasonably small capital after the transactions in this Agreement; and Borrower is and each of its Subsidiaries are able to pay its their debts (including trade debts) generally as they mature.
Appears in 2 contracts
Samples: Loan and Security Agreement (Ibotta, Inc.), Loan and Security Agreement (Ibotta, Inc.)
Solvency. The fair salable value of Borrower’s consolidated assets (including goodwill minus disposition costs) exceeds the fair value of its Borrower’s liabilities; Borrower is not left with unreasonably small capital after the transactions in this Agreement; and Borrower is and Borrower and each of its Subsidiaries (taken as a whole) are able to pay its their debts (including trade debts) as they mature.
Appears in 2 contracts
Samples: Loan and Security Agreement (SI-BONE, Inc.), Loan and Security Agreement (SI-BONE, Inc.)
Solvency. The fair salable value of BorrowerDebtor’s assets (including goodwill minus disposition costs) exceeds the fair value of its liabilities; Borrower the Debtor is not left with unreasonably small capital after the transactions in this Agreement; and Borrower Debtor is able to pay its debts (including trade debts) as they mature.
Appears in 2 contracts
Samples: Security Agreement (Reval Holdings Inc), Security Agreement (GlobalOptions Group, Inc.)
Solvency. The fair salable value of Borrower’s assets and its Subsidiaries’ assets, taken as a whole (including goodwill minus disposition costs) exceeds the fair value of its their liabilities; Borrower is and its Subsidiaries are not left with unreasonably small capital after the transactions in this Agreement; and Borrower is and its Subsidiaries, taken as a whole, are able to pay its their debts (including trade debts) as they mature.
Appears in 2 contracts
Samples: Loan and Security Agreement (Aspen Aerogels Inc), Loan and Security Agreement (Aspen Aerogels Inc)
Solvency. The fair salable value of Borrower’s assets (including goodwill minus disposition costs) exceeds the fair value of its liabilities; Borrower is not left with unreasonably small capital after the transactions in this Agreement; and Borrower is able to pay its debts (including trade debts) as they mature.. and inserting in lieu thereof the following:
Appears in 2 contracts
Samples: Subordinated Loan and Security Agreement (Mavenir Systems Inc), Senior Loan and Security Agreement (Mavenir Systems Inc)
Solvency. The fair salable value of Borrower’s consolidated assets (including goodwill minus disposition costs) exceeds the fair value of its Borrower’s liabilities; Borrower is not left with unreasonably small capital after the transactions in this Agreement; and Borrower, individually, and Borrower is and its Subsidiaries on a consolidated basis are able to pay its their debts (including trade debts) as they mature.
Appears in 1 contract
Samples: Loan and Security Agreement (Achieve Life Sciences, Inc.)
Solvency. The fair salable value of each Borrower’s 's assets (including goodwill minus disposition costs) exceeds the fair value of its liabilities; each Borrower is not left with unreasonably small capital after the transactions in contemplated by this Agreement; and Borrower is Borrowers are able to pay its their debts (including trade debts) as they mature.
Appears in 1 contract
Solvency. The fair salable value of Borrower’s 's and each of its Subsidiaries' assets (including goodwill minus disposition costs) exceeds the fair value of its liabilities; Neither Borrower nor any of its Subsidiaries is not left with unreasonably small capital after the transactions in this Agreement; and Borrower is and each of its Subsidiaries are able to pay its their debts (including trade debts) as they mature.
Appears in 1 contract
Solvency. The fair salable value of Borrower’s 's assets (including goodwill -------- minus disposition costs) exceeds the fair value of its liabilities; the Borrower is not left with unreasonably small capital after the transactions in this Agreement; and Borrower is able to pay its debts (including trade debts) as they mature.
Appears in 1 contract
Samples: Loan and Security Agreement (Aml Communications Inc)
Solvency. The fair salable value of Borrower’s Borrower s assets (including goodwill minus disposition costs) exceeds the fair value of its liabilities; the Borrower is not left with unreasonably small capital after the transactions in this Agreement; and Borrower is able to pay its debts (including trade debts) as they mature.
Appears in 1 contract
Samples: Loan and Security Agreement (Hearme)
Solvency. The fair salable saleable value of Borrower’s 's assets (including goodwill minus disposition costsgoodwill) exceeds the fair value of its liabilities; Borrower is not left with unreasonably small capital after the transactions in contemplated by this Agreement; and Borrower is able to pay its respective debts (including trade debts) as they mature.
Appears in 1 contract
Samples: Loan Modification Agreement (Alteon Websystems Inc)
Solvency. The fair salable value of Borrower’s assets (including goodwill minus disposition costs) exceeds the fair value of its liabilities; the Borrower is not left with unreasonably small capital after the transactions transactions, in this Agreement; and Borrower is able to pay its debts (including trade debts) as they mature.
Appears in 1 contract
Solvency. The fair salable value of Borrower’s assets (including goodwill minus disposition costs) exceeds the fair value of its liabilities and will continue to exceed the fair value of its liabilities; Borrower is not left with unreasonably small capital after the transactions in this Agreement; and Borrower is able to pay its debts (including trade debts) as they mature.
Appears in 1 contract
Samples: Loan and Security Agreement (GAIN Capital Holdings, Inc.)
Solvency. The fair salable value of Borrower’s the assets (including goodwill minus disposition costs) of the Borrowers and each of their Subsidiaries, on a consolidated basis, exceeds the fair value of its liabilitiesliabilities of the Borrowers’ and each of their Subsidiaries, on a consolidated basis; no Borrower is not left with unreasonably small capital after the transactions in this Agreement; and each Borrower is able to pay its debts (including trade debts) as they mature.
Appears in 1 contract
Samples: Loan and Security Agreement (Allurion Technologies Holdings, Inc.)
Solvency. The fair salable value of Borrower’s assets (including goodwill minus disposition costs) exceeds the fair value of its liabilities; Borrower is not left with unreasonably small capital after the transactions in this Agreement; and Borrower is able to pay its debts (including trade debts) as they mature.. EXECUTION COPY
Appears in 1 contract
Solvency. The fair salable value of Borrower’s assets (including goodwill minus disposition costs) exceeds the fair value of its liabilities; Borrower is not left with unreasonably small capital the Borrower’s remaining assets after the transactions contemplated herein are not unreasonably small in this Agreementrelation to its business; and Borrower is able to pay its debts (including trade debts) as they mature.
Appears in 1 contract
Solvency. The fair salable value (taken on a going concern basis) of Borrower’s assets (including goodwill and uncalled Capital Commitments minus disposition costs) exceeds the fair value of its liabilities; Borrower is not left with unreasonably small capital after the transactions in this Agreement; and Borrower is able to pay its debts (including trade debts) as they mature.
Appears in 1 contract
Samples: Loan and Security Agreement
Solvency. The fair salable value of Borrower’s consolidated assets (including goodwill minus disposition costs) exceeds the fair value of its Borrower’s consolidated liabilities; Borrower is Obligors are not left with unreasonably small capital after the transactions in this Agreement; and Borrower is Obligors are able to pay its debts (including trade debts) as they mature.
Appears in 1 contract
Solvency. The fair salable value of Borrower’s consolidated assets (including goodwill minus disposition costs) exceeds the fair value of its Borrower’s liabilities; Borrower is not left with unreasonably small capital after the transactions in this Agreement; and Borrower is and each of its Subsidiaries are able to pay its their debts on a consolidated basis (including trade debts) as they mature.
Appears in 1 contract
Solvency. The fair salable value of Borrower’s Borrowers' assets (including goodwill minus disposition costs) exceeds the fair value of its liabilities; Borrower is the Borrowers are not left with unreasonably small capital after the transactions in this AgreementAgreement or any of the Loan Documents; and Borrower is Borrowers are able to pay its debts (including trade debts) as they mature.
Appears in 1 contract
Solvency. The fair salable value of Borrower’s Borrowers' assets (including goodwill minus disposition costs) exceeds the fair value of its their liabilities; Borrower is the Borrowers are not left with unreasonably small capital after the transactions in this Agreement; and Borrower is Borrowers are able to pay its their debts (including trade debts) as they mature.
Appears in 1 contract
Samples: Loan and Security Agreement (Ramtron International Corp)
Solvency. The fair salable value of Borrower’s assets (including goodwill minus disposition costs) exceeds the fair value of its liabilities; Borrower is not left with unreasonably small capital after giving effect to the transactions in this Agreement; and Borrower is able to pay its debts (including trade debts) as they mature.
Appears in 1 contract
Samples: Loan and Security Agreement (Ecoark Holdings, Inc.)
Solvency. The fair salable value of Borrower’s assets (including goodwill minus disposition costs) ), taken as a whole, exceeds the fair value of its liabilities, taken as a whole; Borrower Borrower, taken as a whole, is not left with unreasonably small capital after the transactions in this Agreement; and Borrower Borrower, taken as a whole, is able to pay its debts (including trade debts) as they mature.
Appears in 1 contract
Samples: Loan and Security Agreement (Safeguard Scientifics Inc)
Solvency. The fair salable value of Borrower’s 's assets (including goodwill minus disposition costs) exceeds the fair value of its their liabilities; the Borrower is not left with unreasonably small capital after the transactions in this Agreement; and Borrower is able to pay its debts (including trade debts) as they mature.
Appears in 1 contract
Samples: Loan and Security Agreement (Ramtron International Corp)
Solvency. The fair salable value of Borrower’s Borrowers’ assets (including goodwill minus disposition costs) exceeds the fair value of its liabilities; Borrower is Borrowers are not left with unreasonably small capital after the transactions in this Agreement; and each Borrower is able to pay its debts (including trade debts) as they mature.
Appears in 1 contract
Samples: Term Loan and Security Agreement (Allied Motion Technologies Inc)
Solvency. The fair salable value of Borrower’s 's assets (including goodwill minus disposition costs) exceeds the fair value of its liabilities; . After giving effect to the transactions described in this Agreement, (a) Borrower is not left with unreasonably small capital after the transactions in this Agreement; relation to its business as presently conducted, and (b) Borrower is able to pay its debts (including trade debts) as they mature.
Appears in 1 contract
Samples: Loan and Security Agreement (Furiex Pharmaceuticals, Inc.)
Solvency. The fair salable value of Borrower’s assets (including goodwill minus disposition costs) exceeds the fair value of its liabilities; the Borrower is not left with unreasonably small capital after the transactions in this Agreement; and Borrower is able to pay its debts (including trade debts) as they mature.capital
Appears in 1 contract
Solvency. The On a consolidated and consolidating basis, the fair salable value of Borrower’s assets (including goodwill minus disposition costs) exceeds the fair value of its Borrower’s liabilities; Borrower is not left with unreasonably small capital after the transactions in this Agreement; and Borrower is and each of its Subsidiaries are able to pay its their debts (including trade debts) as they mature.. 4.8
Appears in 1 contract
Samples: Loan and Security Agreement (Sunlight Financial Holdings Inc.)
Solvency. The fair salable value of Borrower’s consolidated assets (including goodwill minus disposition costs) exceeds the fair value of its Borrower’s liabilities; Borrower is not left with unreasonably small capital after the transactions in this Agreement; and Borrower is and each of its Subsidiaries, taken as a whole, are able to pay its their debts (including trade debts) as they mature.
Appears in 1 contract
Samples: Loan and Security Agreement (Ziopharm Oncology Inc)
Solvency. The fair salable value of Borrower’s 's assets (including goodwill minus disposition costs) exceeds the fair value of its liabilitiesliabilities (including, without limitation, contingent liabilities but excluding any redemption privileges associated with Borrower's Preferred Stock); the Borrower is not left with unreasonably small capital after the transactions in this Agreement; and Borrower is able to pay its debts (including trade debts) as they mature.
Appears in 1 contract
Samples: Loan and Security Agreement (Neah Power Systems, Inc.)
Solvency. The fair salable value of Borrower’s assets (including goodwill minus disposition costs) exceeds the fair value of its liabilities; the Borrower is not left with unreasonably small capital after the transactions in this Agreement; and Borrower is able to pay its debts (including trade debts) as they mature.
Appears in 1 contract
Samples: Loan and Security Agreement (Kosan Biosciences Inc)
Solvency. The fair salable value of Borrower’s assets (including goodwill minus disposition costs) exceeds the fair value of its liabilities; the Borrower is not left left, with unreasonably small capital after the transactions in this Agreement; and Borrower is able to pay its debts (including trade debts) as they mature.
Appears in 1 contract
Solvency. The fair salable value of Borrower’s assets (including goodwill minus disposition costs) exceeds the fair value of its liabilities; Borrower is not left with unreasonably small capital after the transactions in this Agreement; and Borrower is generally able to pay its debts (including trade debts) as they mature.
Appears in 1 contract
Solvency. The fair salable value of Borrower’s Borrowers assets (including goodwill minus disposition costs) exceeds the fair value of its liabilities; the Borrower is not left with unreasonably small capital after the transactions in this Agreement; and Borrower is able to pay its debts (including trade debts) as they mature.
Appears in 1 contract
Samples: Loan and Security Agreement (Akamai Technologies Inc)
Solvency. The fair salable value of Borrower’s consolidated assets (including goodwill minus disposition costs) exceeds the fair value of its Borrower’s liabilities; Borrower is not left with unreasonably small capital in relation to its business after the transactions in this Agreement; and Borrower is able to pay its debts (including trade debts) as they mature.
Appears in 1 contract
