definiens: means, with respect to any Person on a particular date, that on such date ( a ) the fair valueof the property of such Person is greater than the total amount of liabilities, including contingent liabilities, of suchPerson ; ( b ) the present fair saleable value of the assets of such Person is not less than the amount that will berequired to pay the probable liability of such Person on its debts and liabilities, including contingent liabilities as theybecome absolute and matured ; ( c ) such Person does not intend to, and does not believe that it will, incur debts orliabilities beyond such Person ’s ability to pay as such debts and liabilities mature in the ordinary course of business;and ( d ) such Person is not engaged in a business or transaction, and is not about to engage in a business ortransaction, for which such Person ’s property would constitute an unreasonably small amount of capital . The amountof contingent liabilities ( such as litigation, guaranties and pension plan liabilities ) at any time shall be computed as theamount that, in light of all the facts and circumstances existing at the time, represents the amount that wouldreasonably be expected to become an actual or matured liability