With no explanation, chose the best option from "A", "B", "C" or "D". made the transfer or incurred the obligation: (1) with actual intent to hinder, delay, or defraud any creditor of the debtor; or (2) without receiving a reasonably equivalent value in exchange for the transfer or obligation, and the debtor: (i) was engaged or was about to engage in a business or a transaction for which the remaining assets of the debtor were unreasonably small in relation to the business or transaction; or (ii) intended to incur, or believed or reasonably should have believed that he would incur, debts beyond his ability to pay as they became due. 3 . This narrow interpretation of implied consent is not exclusive to the First Circuit; but rather has been established in several circuits. See e.g., Yellow Freight System, Inc. v. Martin, 954 F.2d 353, 358 (6th Cir.1992) (<HOLDING>); Wesco Mfg., Inc. v. Tropical Attractions of

A: holding that implied consent is not established merely one party introduced evidence relevant to an unpleaded issue and the opposing party failed to object
B: holding that when a contract is signed by one party but not the other the manifestation of consent by the nonsigning party is sufficient to bind that party
C: holding that evidence which is relevant to a pleaded issue as well as an unpleaded issue does not give opposing party adequate notice that the unpleaded issue is entering the case
D: holding that a party waived an allegation that an instruction was erroneous where the party failed to object at trial to the instruction on those grounds
A.