Unreasonably Small Capital definition
Unreasonably Small Capital means for the period from the date hereof through the Maturity Date, the Borrower and its Restricted Subsidiaries taken as a whole after consummation of the Transactions (including the execution and delivery of this Agreement, the making of the Loans and the use of proceeds of such Loans on the date hereof (and the RPS Closing Date, if later) 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 for the period from the date hereof through the Maturity Date, the capital of the Borrower and its Restricted Subsidiaries on a consolidated basis and taken as a whole after consummation of the Transactions (including the execution and delivery of this Agreement, the making of the Loans and the use of proceeds of such Loans on the date hereof) is unreasonably small in relation to their business as contemplated on the Closing Date such that it calls into question whether it will continue to be a going concern for such period.
Unreasonably Small Capital means, the capital of the Borrowers and the Restricted Subsidiaries, taken as a whole, after consummation of the Transactions (including the execution and delivery of this Agreement, the making of the Loans, the First Lien Term Loans and the Second Lien Loans and the use of proceeds of such Loans, such First Lien Term Loans and such Second Lien Loans on the date hereof) is not unreasonably small in relation to the business of the Borrower and the Restricted Subsidiaries, taken as a whole, contemplated as of the Closing Date.
Examples of Unreasonably Small Capital in a sentence
After giving effect to the consummation of the Subject Transactions, (i) each of the Fair Value and the Present Fair Salable Value of the assets of Parent and its Subsidiaries taken as a whole exceed their Stated Liabilities and Identified Contingent Liabilities; (ii) Parent and its Subsidiaries taken as a whole do not have Unreasonably Small Capital; and (iii) Parent and its Subsidiaries taken as a whole can pay their Stated Liabilities and Identified Contingent Liabilities as they mature.
For purposes of this Section 5.6, “Solvent” or “Solvency” means (i) the Fair Value and Present Fair Salable Value of the assets of the Company exceed their Stated Liabilities and Identified Contingent Liabilities; (ii) the Company does not have Unreasonably Small Capital; and (iii) the Company will be able to pay its Stated Liabilities and Identified Contingent Liabilities as they mature.
Observation hours billed when a Hospital does not formally admit the patient is not considered an Admission.
Neither Seller is engaged in business or a transaction, or is about to engage in business or a transaction, for which any property remaining with such Seller is 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 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 that the Company and its Restricted Subsidiaries taken as a whole after giving effect to the Transactions do not have sufficient capital to ensure that they are a going concern.
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 Borrower and its Subsidiaries taken as a whole after giving effect to the Transaction (including the execution and delivery of the Credit Agreement and, if applicable, 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 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.
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.