definiens: means, with respect to any Person on a pa rticular date, that on such date ( i ) the fair value of the property of such Person is greater than the tot al amount of liabilities, including contingent liab ilities, of such Person, ( ii ) the present fair saleable value of the assets of such Person is not less than the amount that will be required to pay the probable liability of such Pers on on its debts as they become absolute and matured, ( iii ) such Person does not intend to, and does not believe tha t it will, incur debts or liabilities beyond its ab ility to pay as such debts and liabilities mature, ( iv ) 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 the property of such Person would constitute an un reasonably small capital and ( v ) such Person has not executed this Agreement or any other Loan Document, or made any transfer or incurred any obligations hereunder or t hereunder, with actual intent to hinder, delay or d efraud either present or future creditors . The amount of Continge nt Liabilities at any time shall be computed as the amount that, in light of all the facts and circumstances e xisting at such time, can reasonably be expected to become an actual or matured liability