As of the date hereof, Guarantor is, and after giving effect to this Guaranty and the contingent obligation evidenced hereby, will be, solvent, and has, and will have, after giving effect to this Guaranty and the contingent obligation evidenced hereby, assets which, fairly valued, exceed its obligations, liabilities (including contingent liabilities fairly estimated) and debts, and has, and will have, after giving effect to this Guaranty and the contingent obligation evidenced hereby, property and assets sufficient to satisfy and repay its obligations and liabilities, as and when the same become due.