Common use of Sufficient Capital Clause in Contracts

Sufficient Capital. After giving effect to the transactions contemplated by this Agreement and before and after giving effect to each Revolving Loan and the incurrence of any Letter of Credit Obligation: (i) no Loan Party nor any of its Subsidiaries expects that final judgments against any Loan Party or any of its Subsidiaries in actions for money damages with respect to pending or, to its knowledge, threatened litigation will be rendered at a time when, or in an amount such that, such Loan Party will be unable to satisfy any such judgments promptly in accordance with their terms (taking into account the maximum reasonable amount of such judgments in any such actions and the earliest reasonable time at which such judgments might be rendered and the cash available to each Loan Party or any of its Subsidiaries, after taking into account all other payments on or in respect of Indebtedness and insurance proceeds (including their Contingent Obligations)); (ii) no Loan Party or any of its Subsidiaries has incurred or will incur Indebtedness beyond its ability to pay such Indebtedness as such Indebtedness matures (taking into account the timing and amounts of cash to be received by such Loan Party or any of its Subsidiaries from any source, and of amounts to be payable on or in respect of Indebtedness of such Loan Party or any of its Subsidiaries and the amounts referred to in the preceding clause (i)); (iii) each Loan Party anticipates that such Loan Party and each of its respective Subsidiaries, after taking into account all other anticipated uses of the cash of such Loan Party or any of its Subsidiaries, shall be able to pay all amounts on or in respect of Indebtedness of such Loan Party or any of its Subsidiaries when such amounts are required to be paid; and (iv) each Loan Party and each of its respective Subsidiaries will have sufficient capital with which to conduct its present and presently proposed business and the property of such Loan Party and each of its respective Subsidiaries does not constitute unreasonably small capital with which to conduct its present or proposed business.

Sufficient Capital. After giving effect to the transactions contemplated by this Agreement and before and after giving effect to each Revolving Loan Agreement, and the incurrence of any Letter of Revolving Credit Obligation: Debt Documents, (iw) no Loan Credit Party nor any of its Subsidiaries expects that final judgments against any Loan Credit Party or any of its Subsidiaries in actions for money damages with respect to pending or, to its knowledge, threatened litigation will be rendered at a time when, or in an amount such that, such Loan Credit Party will be unable to satisfy any such judgments promptly in accordance with their terms (taking into account the maximum reasonable amount of such judgments in any such actions and the earliest reasonable time at which such judgments might be rendered and the cash available to each Loan Credit Party or any of its Subsidiaries, after taking into account all other anticipated uses of the cash of such Credit Party or any of its Subsidiaries (including the payments on or in respect of Indebtedness debts and insurance proceeds (including their Contingent Obligations)); (iix) no Loan Credit Party or any of its Subsidiaries has will have incurred or will intends to, or believes that it will, incur Indebtedness debts beyond its ability to pay such Indebtedness debts as such Indebtedness matures debts mature (taking into account the timing and amounts of cash to be received by such Loan Credit Party or any of its Subsidiaries from any source, and of amounts to be payable on or in respect of Indebtedness debts of such Loan Credit Party or any of its Subsidiaries and the amounts referred to in the preceding clause (iw)); (iiiy) each Loan Party anticipates that such Loan Credit Party and each of its respective Subsidiaries, after taking into account all other anticipated uses of the cash of such Loan Credit Party or any of its Subsidiaries, shall be anticipates being able to pay all amounts on or in respect of Indebtedness debts of such Loan Credit Party or any of its Subsidiaries when such amounts are required to be paid; and (ivz) each Loan Credit Party and each of its respective Subsidiaries will have sufficient capital with which to conduct its present and presently proposed business and the property of such Loan Credit Party and each of its respective Subsidiaries does not constitute unreasonably small capital with which to conduct its present or proposed business. For purposes of this Section 6.20, “debt” means any liability on a claim, and “claim” means a (i) right to payment whether or not such a right is reduced to judgment, liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal, equitable, secured or unsecured; or (ii) right to an equitable remedy for breach of performance if such breach gives rise to a payment, whether or not such right to an equitable remedy is reduced to judgment, fixed, contingent, matured, un matured, disputed, undisputed, secured or unsecured.

Sufficient Capital. After giving effect to the transactions contemplated by this Agreement and before and after giving effect to each Revolving Loan and the incurrence of any Letter of Credit ObligationLoan: (i) no Loan Party nor any of its Subsidiaries expects that final judgments against any Loan Party or any of its Subsidiaries in actions for money damages with respect to pending or, to its knowledge, threatened litigation will be rendered at a time when, or in an amount such that, such Loan Party will be unable to satisfy any such judgments promptly in accordance with their terms (taking into account the maximum reasonable amount of such judgments in any such actions and the earliest reasonable time at which such judgments might be rendered and the cash available to each Loan Party or any of its Subsidiaries, after taking into account all other payments on or in respect of Indebtedness and insurance proceeds (including their Contingent Obligations)); (ii) no Loan Party or any of its Subsidiaries has incurred or will incur Indebtedness beyond its ability to pay such Indebtedness as such Indebtedness matures (taking into account the timing and amounts of cash to be received by such Loan Party or any of its Subsidiaries from any source, and of amounts to be payable on or in respect of Indebtedness of such Loan Party or any of its Subsidiaries and the amounts referred to in the preceding clause (i)); (iii) each Loan Party anticipates that such Loan Party and each of its respective Subsidiaries, after taking into account all other anticipated uses of the cash of such Loan Party or any of its Subsidiaries, shall be able to pay all amounts on or in respect of Indebtedness of such Loan Party or any of its Subsidiaries when such amounts are required to be paid; and (iv) each Loan Party and each of its respective Subsidiaries will have sufficient capital with which to conduct its present and presently proposed business and the property of such Loan Party and each of its respective Subsidiaries does not constitute unreasonably small capital with which to conduct its present or proposed business.