definiens: or means, with respect to any Person as of a particular dat e, that on such date ( a ) such Person is able to pay its debts and other liabilities, contingent obligations and other commitments as they mature in the ordinary course of business, ( b ) such Person does not intend to, and does not believe that it will, incu r debts or liabilities beyond such Person ’s ability to pay as such debts and liabilities mature in their ordinary course, ( c ) such Person is not engaged in a business or a transaction, and is not about to engage in a business or a transaction, for which su ch Person ’s property would constitute unreasonably small capital after -32- giving due consideration to the prevailing practice in the industry in which such Person is engaged or is to engage, ( d ) the fair value of the property of such Person is grea ter than the total amount of liabilities, including, without limitation, contingent liabilities, of such Person and ( e ) the present fair salable value of the assets of such Person is not less than the amount that will be required to pay the probable liabil ity of such Person on its debts as they become absolute and matured . In computing the amount of contingent liabilities at any time, it is intended that such liabilities will be computed at the amount which, in light of all the facts and circumstances exist ing at such time, represents the amount that would become an actual or matured liability