Common use of Sufficiency of Capital Clause in Contracts

Sufficiency of Capital. Borrower is not, and after consummation of this Agreement and after giving effect to all indebtedness incurred and liens created by Borrower in connection with the Note and any other Loan Documents, will not be, insolvent within the meaning of 11 U.S.C. § 101, as in effect from time to time.

Appears in 24 contracts

Samples: Loan Agreement (CNL Strategic Capital, LLC), Loan and Security Agreement (ARC Group, Inc.), Loan and Security Agreement (ARC Group, Inc.)

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Sufficiency of Capital. Borrower is not, and after consummation of this Agreement and after giving effect to all indebtedness incurred and liens created by Borrower in connection with the Note and any other Loan Documents, will not be, insolvent within the meaning of 11 U.S.C. § 101, as in effect from time to time101(32).

Appears in 8 contracts

Samples: Loan Modification Agreement (P&f Industries Inc), Loan Agreement (A.C. Moore Arts & Crafts, Inc.), Loan Agreement (Goldfield Corp)

Sufficiency of Capital. Borrower is not, and after consummation of this Agreement and after giving effect to all indebtedness incurred and liens created by Borrower in connection with the Note and any other Loan Documents, will not be, insolvent within the meaning of 11 U.S.C. § 101, as in effect from time to time§101(32).

Appears in 1 contract

Samples: Loan Agreement (Cybex International Inc)

Sufficiency of Capital. Borrower is not, and after consummation of this Agreement and after giving effect to all indebtedness incurred and liens created by Borrower in connection with the Note this Agreement and any other Loan Documents, will not be, insolvent within the meaning of 11 U.S.C. § 101, as in effect from time to time.

Appears in 1 contract

Samples: Loan Agreement (Lannett Co Inc)

Sufficiency of Capital. Borrower is not, and after consummation of ----------------------- this Agreement and after giving effect to all indebtedness incurred and liens created by Borrower in connection with the Note and any other Loan DocumentsLoan, will not be, insolvent within the meaning of 11 U.S.C. § 101, as in effect from time to time(S) 101(32).

Appears in 1 contract

Samples: Loan Agreement (Techforce Corp)

Sufficiency of Capital. Neither Borrower is notis, and after consummation of this Agreement and after giving effect to all indebtedness incurred and liens created by Borrower in connection with the Note and any other Loan Documents, will not be, insolvent within the meaning of 11 U.S.C. § 101, as in effect from time to time.

Appears in 1 contract

Samples: Loan Agreement (Coda Octopus Group, Inc.)

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Sufficiency of Capital. Borrower is not, and after consummation of this Agreement and after giving effect to all indebtedness incurred and liens created by Borrower in connection with the Note and any other Loan Documents, will not be, insolvent within the meaning of 11 U.S.C. § 101, as in effect from time to timeSection 101(32).

Appears in 1 contract

Samples: Loan Agreement (Farmstead Telephone Group Inc)

Sufficiency of Capital. Borrower is notBorrower, and after consummation of this Agreement and after giving effect to all indebtedness incurred and liens created by Borrower in connection with the Note and any other Loan Documents, will not be, insolvent within the meaning of 11 U.S.C. § 101, as in effect from time to time.

Appears in 1 contract

Samples: Loan Agreement (LGL Group Inc)

Sufficiency of Capital. Borrower is and Guarantor are not, and after consummation of this Agreement and after giving effect to all indebtedness incurred and liens created by Borrower in connection with the Note and any other Loan Documents, will not be, insolvent within the meaning of 11 U.S.C. § 101, as in effect from time to time.

Appears in 1 contract

Samples: Loan and Security Agreement (Venus Concept Inc.)

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