Examples of Unreasonably Small Capital in a sentence

Markell, Toward True and Plain Dealing: A Theory of Fraudulent Transfers Involving Unreasonably Small Capital, 21 IND.
Unreasonably Small Capital The Trustee also failed to prove that the Transfer left the Debtor with unreasonably small capital.
The Evidence Supports A Finding That The Company Was Left With Unreasonably Small Capital And Assets To Fund Its Business And WasLeft Unable To Pay Its Debts As Due As Of December 20, 2007 1271.
Observation hours billed when a Hospital does not formally admit the patient is not considered an Admission.
The Court concludes that the Trustee has not shown that SPI was insolvent on the date of the Thompson Street Cash Transfer or that it became insolvent as a result of that transfer.2. Unreasonably Small Capital or Knowingly Incurring Debt Beyond Ability to Repay The adequate capital test examines whether the debtor was engaged in business or a transaction, or was about to engage in business or a transaction, for which any property remaining with the debtor was an unreasonably small capital.

More Definitions of Unreasonably Small Capital

Unreasonably Small Capital means for the period from the date hereof through the Revolving Loan Maturity Date, Parent and its Subsidiaries taken as a whole after consummation of the Transactions is a going concern and has sufficient capital to reasonably ensure that it will continue to be a going concern for such period.

Unreasonably Small Capital means, with respect to any Loan Party, the inability to generate sufficient cash or obtain sufficient cash from reasonably anticipated sources of operating funds to enable such Loan Party to continue to operate its business as a going concern, including a reasonable cushion of cash (or cash from reasonably anticipated sources of operating funds) to enable such Loan Party to continue to operate its business as a going concern (as such term is determined in accordance with GAAP) in the event of adverse changes in macroeconomic conditions or conditions in such Loan Party’s industry that could reasonably be expected to occur in the course of the business cycle; 3. I acknowledge that the Administrative Agent and the Lenders are relying on the truth and accuracy of this Solvency Certificate in connection with the making of Term Loans under the Credit Agreement;

Unreasonably Small Capital the Company and its Subsidiaries taken as a whole after giving effect to the Transaction (including the execution and delivery of the Credit Agreement, the making of the Loans on the Closing Date and the use of proceeds of such Loans) do not have sufficient capital to ensure that it can continue to operate as a going concern in the business it currently operates or anticipates operating as of the date hereof.

Unreasonably Small Capital relates to the ability of the Borrower on a consolidated basis after giving effect to the consummation of the Transaction, to continue as a going concern and not lack sufficient capital for their present needs and anticipated needs, including, without limitation, Identified Contingent Liabilities, without substantial unplanned disposition of assets outside the ordinary course of business, restructuring of debt, externally forced revisions of its operations, or similar actions.

Unreasonably Small Capital shall likewise be determined in accordance with Applicable Law. This Section is intended solely to preserve the rights of the Guaranteed Parties hereunder to the maximum extent permitted by Applicable Law, and neither any Guarantor nor any other Person shall have any right or claim under this Section that would not otherwise be available under Applicable Law.