Solvency. The Company (after giving effect to the transactions contemplated by this Agreement) is solvent (i.e., its assets have a fair market value in excess of the amount required to pay its probable liabilities on its existing debts as they become absolute and matured) and currently the Company has no information that would lead it to reasonably conclude that the Company would not, after giving effect to the transaction contemplated by this Agreement, have the ability to, nor does it intend to take any action that would impair its ability to, pay its debts from time to time incurred in connection therewith as such debts mature. The Company’s financial statements for its most recent fiscal year end and interim financial statements have been prepared assuming the Company will continue as a going concern, which contemplates the realization of assets and the satisfaction of liabilities in the normal course of business.

Solvency. The Company (after giving effect to the transactions contemplated by this Agreement) is solvent (i.e., its assets have a fair market value in excess of the amount required to pay its probable liabilities on its existing debts as they become absolute and matured) and currently the Company has no information that would lead it to reasonably conclude that the Company would not, after giving effect to the transaction contemplated by this Agreement, have the ability to, nor does it intend to take any action that would impair its ability to, pay its debts from time to time incurred in connection therewith as such debts mature. The Company’s financial statements forCompany did not receive a qualified opinion from its auditors with respect to its most recent fiscal year end and interim financial statements have been prepared assumingand, after giving effect to the Company will continue astransactions contemplated by this Agreement, does not anticipate or know of any basis upon which its auditors might issue a going concern, which contemplates the realizationqualified opinion in respect of assets and the satisfaction of liabilities in the normal course of business.its current fiscal year.

Solvency. The Company (after giving effect to the transactions contemplated by this Agreement) is solvent (i.e., its assets have a fair market value in excess of the amount required to pay its probable liabilities on its existing debts as they become absolute and matured) and currently the Company has no information that would lead it to reasonably conclude that the Company would not, after giving effect to the transaction contemplated by this Agreement, have the ability to, nor does it intend to take any action that would impair its ability to, pay its debts from time to time incurred in connection therewith as such debts mature. The Company’s financial statements forCompany did not receive a qualified opinion from its auditors with respect to its most recent fiscal year end and interim financial statements have been prepared assumingand, after giving effect to the Company willtransactions contemplated by this Agreement, does not anticipate or know of any basis upon which its auditors might issue a qualified opinion in respect of its current fiscal year. For the avoidance of doubt any disclosure of the Borrower’s ability to continue as a going concern, which contemplates the realization“going concern” shall not, by itself, be a violation of assets and the satisfaction of liabilities in the normal course of business.this [Section 3(w)].

Solvency. TheExcept as disclosed in the SEC Documents, the Company (after giving effect to the transactions contemplated by this Agreement) is solvent (i.e., its assets have a fair market value in excess of the amount required to pay its probable liabilities on its existing debts as they become absolute and matured) and currently the Company has no information that would lead it to reasonably conclude that the Company would not, after giving effect to the transaction contemplated by this Agreement, have the ability to, nor does it intend to take any action that would impair its ability to, pay its debts from time to time incurred in connection therewith as such debts mature. The Company’s financial statements for its most recent fiscal year end and interim financial statements have been prepared assuming the Company will continue as a going concern, which contemplates the realization of assets and the satisfaction of liabilities in the normal course of business.

Solvency. The Company (afterAfter giving effect to the consummation of the transactions contemplated by this Agreement)Agreement, the Company has capital sufficient to carry on its business and transactions and is solvent (i.e., its assets have a fair market value in excess of the amount requiredand able to pay its probable liabilities on its existing debts as they become absolutemature. No transfer of property is being made and matured) and currentlyno Indebtedness is being incurred in connection with the Company has no information that would lead it to reasonably conclude that the Company would not, after giving effect to the transactiontransactions contemplated by this Agreement, haveAgreement with the ability to, nor does it intendintent to take any action that would impair its ability to, pay its debts from time to time incurred in connection therewith as such debts mature. The Company’s financial statements for its most recent fiscal year end and interim financial statements have been prepared assuminghinder, delay or defraud either present or future creditors of the Company will continue as a going concern, which contemplatesor any Subsidiary of the realization of assets and the satisfaction of liabilities in the normal course of business.Company.