Sufficient Capital. All indebtedness represented by the Second Lien Notes is being incurred for proper purposes and in good faith; at the Closing, after giving pro forma effect to the Exchange and other good faith assumptions of the Company, the Company and its subsidiaries, taken as a whole on a consolidated basis, will have sufficient capital for carrying on their business.
Appears in 4 contracts
Samples: Exchange Agreement, Exchange Agreement (Cobalt International Energy, Inc.), Exchange Agreement (Cobalt International Energy, Inc.)
Sufficient Capital. All indebtedness represented by the First Lien Notes and the Second Lien Notes is being incurred for proper purposes and in good faith; at the Closing, after giving pro forma effect to the Exchange Transaction and other good faith assumptions of the Company, the Company and its subsidiaries, taken as a whole on a consolidated basis, will have sufficient capital for carrying on their business.
Appears in 2 contracts
Samples: Purchase and Exchange Agreement, Purchase and Exchange Agreement (Cobalt International Energy, Inc.)