financial creditor means any person to whom a financial debt is owed and includes a person to whom such debt has been legally assigned or transferred to;
Solvency mean, with respect to any Person on any date of determination, that on such date (a) the fair value of the property of such Person is greater than the total amount of liabilities, including contingent liabilities, of such Person, (b) the present fair salable value of the assets of such Person is not less than the amount that will be required to pay the probable liability of such Person on its debts as they become absolute and matured, (c) such Person does not intend to, and does not believe that it will, incur debts or liabilities beyond such Person’s ability to pay such debts and liabilities as they mature, (d) such Person is not engaged in business or a transaction, and is not about to engage in business or a transaction, for which such Person’s property would constitute an unreasonably small capital, and (e) such Person is able to pay its debts and liabilities, contingent obligations and other commitments as they mature in the ordinary course of business. The amount of contingent liabilities at any time shall be computed as the amount that, in the light of all the facts and circumstances existing at such time, represents the amount that can reasonably be expected to become an actual or matured liability.
Loan Parties means, collectively, the Borrower and each Guarantor.
Financial Instruments means commodities, securities, and derivatives of all types, including, without limitation, stocks and other equity instruments, bonds and other debt instruments, commodities and futures, forwards, swaps, and options that derive their value from bonds, equities, commodities or indices thereof.
Financial Instrument means those instruments specified in Section C of Annex I;
Borrower as defined in the preamble hereto.
Credit Parties means the Borrower and the Guarantors.
Borrowers each has the meaning specified in the introductory paragraph hereto.
Lender has the meaning specified in the introductory paragraph hereto and, as the context requires, includes the Swing Line Lender.