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 Loan, will not be, insolvent within the meaning of 11 U.S.C. Section 101(32). COMPLIANCE WITH LAWS. Borrower is in compliance in all respects with all federal, state and local laws, rules and regulations applicable to its properties, operations, business, and finances, including, without limitation, any federal or state laws relating to liquor (including 18 U.S.C. Section 3617, et seq.) or narcotics (including 21 U.S.C. Section 801, et seq.) and/or any commercial crimes; all applicable federal, state and local laws and regulations intended to protect the environment; and the Employee Retirement Income Security Act of 1974, as amended ("ERISA"), if applicable.

Appears in 2 contracts

Samples: Loan Agreement (Novametrix Medical Systems Inc), Loan Agreement (Emcore Corp)

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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 Loan, will not be, insolvent within the meaning of 11 U.S.C. Section 101(32). COMPLIANCE WITH LAWS. Borrower is in compliance in all respects with all federal, state and local laws, rules and regulations applicable to its properties, operations, business, and finances, including, without limitation, any federal or state laws relating to liquor (including 18 U.S.C. Section 3617, et seq.) or narcotics (including 21 U.S.C. Section U.S.C.Section 801, et seq.) and/or any commercial crimes; all applicable federal, state and local laws and regulations intended to protect the environment; and the Employee Retirement Income Security Act of 1974, as amended ("ERISA"), if applicable.

Appears in 1 contract

Samples: 1998 Loan Agreement (Novametrix Medical Systems 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 Loanloan, ;will not be, insolvent within the me meaning of 11 U.S.C. Section S 101(32). COMPLIANCE WITH LAWS. Borrower is in compliance in In all respects with all federal, . state and local laws, rules and regulations applicable to its properties, operations, business, and finances, including, without limitation, . any federal or state Or State laws relating to liquor (including 18 U.S.C. Section 5 3617, et seqsee.) or narcotics ([including 21 U.S.C. Section 801S 841, et seq.) and/or any commercial crimes; all alt applicable federal, state and local laws and regulations intended to protect the environment; and the Employee Retirement Income Security Act of 1974, as amended ("'ERISA"'), if it applicable.

Appears in 1 contract

Samples: Loan Agreement (Kyzen Corp)

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