Common use of Existence; Maintenance of Properties Clause in Contracts

Existence; Maintenance of Properties. (a) The Borrower will do or cause to be done all things necessary to preserve and keep in full force and effect its existence as a Maryland corporation. The Borrower will cause each of its Subsidiaries to do or cause to be done all things necessary to preserve and keep in full force and effect its legal existence. The Borrower will do or cause to be done all things necessary to preserve and keep in full force all of its rights and franchises and those of its Subsidiaries. The Borrower will, and will cause each of its Subsidiaries to, continue to engage primarily in the businesses now conducted by it and in related businesses. (b) The Borrower (i) will cause all of its properties and those of its Subsidiaries used or useful in the conduct of its business or the business of its Subsidiaries to be maintained and kept in good condition, repair and working order (ordinary wear and tear excepted) and supplied with all necessary equipment, and (ii) will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof in all cases in which the failure so to do would have a material adverse effect on the condition of its properties or on the financial condition, assets or operations of the Borrower and its Subsidiaries.

Existence; Maintenance of Properties. (a) The Borrower Borrowers will do or cause to be done all things necessary to preserve and keep in full force and effect its existence as a Delaware limited partnership or Maryland corporation, as applicable. The Borrower Borrowers will cause each of its their respective Subsidiaries to do or cause to be done all things necessary to preserve and keep in full force and effect its legal existence. The Each Borrower will do or cause to be done all things necessary to preserve and keep in full force all of its rights and franchises and those of its Subsidiaries. The Each Borrower will, and will cause each of its Subsidiaries to, continue to engage primarily in the businesses now conducted by it and in related businesses. (b) The Irrespective of whether proceeds of the Loans are available for such purpose, each Borrower (i) will cause all of its properties and those of its Subsidiaries used or useful in the conduct of its business or the business of its Subsidiaries to be maintained and kept in good condition, repair and working order (ordinary wear and tear excepted) and supplied with all necessary equipment, and (ii) will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof in all cases in which the failure so to do would have a material adverse effect on the condition of its properties or on the financial condition, assets or operations of the such Borrower and its Subsidiaries.

Existence; Maintenance of Properties. (a) The Borrower will do or cause to be done all things necessary to preserve and keep in full force and effect its existence as a Maryland corporationDelaware limited partnership. The Borrower will cause each of its Subsidiaries to do or cause to be done all things necessary to preserve and keep in full force and effect its legal existence. The Borrower will do or cause to be done all things necessary to preserve and keep in full force all of its rights and franchises and those of its Subsidiaries. The Borrower will, and will cause each of its Subsidiaries to, continue to engage primarily in the businesses now conducted by it and in related businesses. (b) The Borrower (i) will cause all of its properties and those of its Subsidiaries used or useful in the conduct of its business or the business of its Subsidiaries to be maintained and kept in good condition, repair and working order (ordinary wear and tear excepted) and supplied with all necessary equipment, and (ii) will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof in all cases in which the failure so to do would have a material adverse effect on the condition of its properties or on the financial condition, assets or operations of the Borrower and its Subsidiaries.

Existence; Maintenance of Properties. (a) The Borrower will do or cause to be done all things necessary to preserve and keep in full force and effect its existence as a Maryland corporationDelaware limited partnership. The Borrower will cause each of its Subsidiaries to do or cause to be done all things necessary to preserve and keep in full force and effect its legal existence. The Borrower will do or cause to be done all things necessary to preserve and keep in full force all of its rights and franchises and those of its Subsidiaries. The Borrower will, and will cause each of its Subsidiaries to, continue to engage primarily in the businesses now conducted by it and in related businesses. (b) The Borrower (i) will cause all of its properties and those of its Subsidiaries used or useful in the conduct of its business or the business of its Subsidiaries to be maintained and kept in good condition, repair and working order (ordinary wear and tear excepted) and supplied with all necessary equipment, and (ii) will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof in all cases in which the failure so to do would have a material adverse effect on the condition of its properties the applicable Mortgaged Property or on the financial condition, assets or operations of the Borrower and its Subsidiaries.

Existence; Maintenance of Properties. (a) The Except as otherwise permitted by Section 9.5 or Section 9.6, the Borrower will do or cause to be done all things necessary to preserve and keep in full force and effect its limited liability company existence as a Maryland corporation. The Borrower will cause each of its Subsidiaries to do or cause to be done all things necessary to preserve and keep in full force and effect its legal existence. The Borrower will do or cause to be done all things necessary to preserve and keep in full force all of its material rights and franchises and those the corporate or limited liability company existence and material rights and franchises of its Subsidiaries. The Borrower will, and will cause each of its Subsidiaries to, continue to engage primarily in the businesses now conducted by it and in related businesses.It (b) The Borrower (ia) will cause all of its properties and those of its Subsidiaries used or useful in material to the conduct of its business or the business of its Subsidiaries to be maintained and kept in good condition, repair and working order and supplied with all necessary equipment (ordinary wear and tear excepted) and supplied with all necessary equipment), and (iib) will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof thereof, all as in the judgment of the Borrower may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all cases times, and (c) will, and will cause each of its Subsidiaries to, continue to engage primarily in which the failure so to do would have a material adverse effect on businesses now conducted by them and in related businesses; PROVIDED that nothing in this Section 8.6 shall prevent the condition Borrower from discontinuing the operation and maintenance of any of its properties or on any of those of its Subsidiaries if such discontinuance is, in the financial conditionjudgment of the Borrower, assets desirable in the conduct of its or operations their business and that do not in the aggregate materially adversely affect the business of the Borrower and its SubsidiariesSubsidiaries on a consolidated basis.

Existence; Maintenance of Properties. (a) The Each Borrower will do or cause to be done all things necessary to preserve and keep in full force and effect its existence as a Maryland corporationCalifornia or Delaware limited partnership or limited liability company, as applicable. The Borrower Each Guarantor will do and will cause each of its their Subsidiaries to do or cause to be done all things necessary to preserve and keep in full force and effect its their legal existenceexistence and all of their material rights and franchises. The Borrower Borrowers and the Guarantors will do or cause to be done all things necessary to preserve and keep in full force all of its rights and franchises and those of its Subsidiaries. The Borrower willcontinue to, and will cause each of its their respective Subsidiaries to, to continue to engage primarily in the businesses now conducted by it them and in related businesses. (b) The Borrower Irrespective of whether proceeds of the Loans are available for such purpose, the Borrowers and the Guarantors (i) will cause all of its their properties and those of its their respective Subsidiaries used or useful in the conduct of its their business or the business of its Subsidiaries to be maintained and kept in good condition, repair and working order (ordinary wear and tear excepted) and supplied with all necessary equipment, and (ii) will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof in all cases in which the failure so to do would have a material adverse effect on the condition of its properties or on the financial condition, assets or operations of the Borrower Borrowers and its the Guarantors and their respective Subsidiaries.

Existence; Maintenance of Properties. (a) The Borrower will do or cause to be done all things necessary to preserve and keep in full force and effect its existence as a Maryland corporation. The Borrower will cause each of its Subsidiaries to do or cause to be done all things necessary to preserve and keep in full force and effect its legal existence. The Borrower will do or cause to be done all things necessary to preserve and keep in full force all of its rights and franchises and those of its Subsidiaries. The Borrower will, and will cause each of its Subsidiaries to, continue to engage primarily in the respective businesses now conducted by it each of them and in related businesses. (b) The Borrower (i) will cause all of its owned or leased properties and those of its Subsidiaries used or useful in the conduct of its business or the business of its Subsidiaries to be maintained and kept in good condition, repair and working order (ordinary wear and tear excepted) and supplied with all necessary equipment, and (ii) will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof in all cases in which the failure so to do would have a material adverse effect on the condition of its properties the applicable owned or leased property or on the financial condition, assets or operations of the Borrower and its SubsidiariesBorrower.

Existence; Maintenance of Properties. (a) The Borrower Borrowers will do or cause to be done all things necessary to preserve and keep in full force and effect its their existence as a Maryland corporationTexas limited partnerships. The Each Borrower will cause each of its Controlled Subsidiaries to do or cause to be done all things necessary to preserve and keep in full force and effect its legal existence. The Borrower Borrowers will do or cause to be done all things necessary to preserve and keep in full force all of its their material rights and franchises and those of its their respective Controlled Subsidiaries. The Borrower Borrowers will, and will cause each of its their respective Controlled Subsidiaries to, continue to engage primarily in the businesses now conducted by it and in related businesses. (b) The Borrower Irrespective of whether proceeds of the Loans are available for such purpose, the Borrowers (i) will cause all of its their respective properties and those of its their respective Controlled Subsidiaries used or useful in the conduct of its business or the business of its their respective Controlled Subsidiaries to be maintained and kept in good condition, repair and working order (ordinary wear and tear excepted) and supplied with all necessary equipment, and (ii) will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof in all cases in which the failure so to do would have a material adverse effect on the condition of its properties or on the financial condition, assets or operations of the Borrower Borrowers and its their respective Controlled Subsidiaries.

Existence; Maintenance of Properties. (a) The Borrower will do or cause to be done all things necessary to preserve and keep in full force and effect its existence as a Maryland corporationDelaware limited liability company. The Borrower will cause each of its Subsidiaries to do or cause to be done all things necessary to preserve and keep in full force and effect its legal existence. The Borrower will do or cause to be done all things necessary to preserve and keep in full force all of its rights and franchises and those of its Subsidiaries. The Borrower will, and will cause each of its Subsidiaries to, continue to engage primarily in the respective businesses now conducted by it each of them and in related businesses. (b) The Borrower (i) will cause all of its properties and those of its Subsidiaries used or useful in the conduct of its business or the business of its Subsidiaries to be maintained and kept in good condition, repair and working order (ordinary wear and tear excepted) and supplied with all necessary equipment, and (ii) will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof in all cases in which the failure so to do would have a material adverse effect on the condition of its properties the applicable Mortgaged Property or other Collateral or on the financial condition, assets or operations of the Borrower and its Subsidiariesor any Guarantor.

Existence; Maintenance of Properties. (a) The Borrower will do or cause to be done all things necessary to preserve and keep in full force and effect its existence as a Maryland corporation. The Borrower will cause each of its Subsidiaries to do or cause to be done all things necessary to preserve and keep in full force and effect its legal existence. The Borrower will do or cause to be done all things necessary to preserve and keep in full force all of its rights and franchises and those of its Subsidiaries. The Borrower will, and will cause each of its Subsidiaries to, continue to engage primarily in the respective businesses now conducted by it each of them and in related businesses. (b) The Borrower (i) will cause all of its properties and those of its Subsidiaries used or useful in the conduct of its business or the business of its Subsidiaries to be maintained and kept in good condition, repair and working order (ordinary wear and tear excepted) and supplied with all necessary equipment, and (ii) will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof in all cases in which the failure so to do would have a material adverse effect on the condition of its properties the applicable Mortgaged Property or on the financial condition, assets or operations of the Borrower and its Subsidiariesor the Guarantor.

Existence; Maintenance of Properties. (a) The Borrower Each of the Borrowers will do or cause to be done all things necessary to preserve and keep in full force and effect its existence as a Maryland corporation. The Borrower will cause each of its Subsidiaries to do or cause to be done all things necessary to preserve and keep in full force and effect its legal existence. The Borrower will do or cause to be done all things necessary to preserve and keep in full force all of its , rights and franchises and those of its Subsidiaries. The Borrower will, and will cause each Each of its Subsidiaries to, continue to engage primarily in the businesses now conducted by it and in related businesses. Borrowers (b) The Borrower (ia) will cause all of its properties and those of its Subsidiaries used or useful in the conduct of its business or the business of its Subsidiaries to be maintained and kept in good condition, repair and working order (ordinary reasonable wear and tear and obsolescence excepted) and supplied with all necessary equipment, and (iib) will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof thereof, all as in the judgment of the Borrowers may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all cases times, and (c) will, and will cause each of its Subsidiaries to, continue to engage primarily in which the failure so to do would have a material adverse effect on businesses now conducted by them and in related businesses; provided that nothing in this Section 10.6 shall prevent either Borrower from discontinuing the condition operation and maintenance of any of its properties or on any of those of its Subsidiaries if such discontinuance is, in the financial conditionjudgment of such Borrower, assets desirable in the conduct of its or operations of their business and that do not in the Borrower and its Subsidiariesaggregate have a Material Adverse Effect.

Existence; Maintenance of Properties. (a) The Borrower will do or cause to be done all things necessary to preserve and keep in full force and effect its existence as a Maryland corporationDelaware limited partnership. The Borrower will cause each of its Subsidiaries to do or cause to be done all things necessary to preserve and keep in full force and effect its legal existence. The Borrower will do or cause to be done all things necessary to preserve and keep in full force all of its material rights and franchises and those of its Subsidiaries. The Borrower will, and will cause each of its Subsidiaries to, continue to engage primarily in the businesses now conducted by it and in related businesses, unless otherwise consented to by the Majority Banks. (b) The Irrespective of whether proceeds of the Loans are available for such purpose, the Borrower (i) will cause all of its properties and those of its Subsidiaries used or useful in the conduct of its business or the business of its Subsidiaries to be maintained and kept in good condition, repair and working order (ordinary wear and tear excepted) and supplied with all necessary equipment, and (ii) will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof in all cases in which the failure so to do would have a material adverse effect on the condition of its properties or on the financial condition, assets or operations of the Borrower and its Subsidiaries.

Existence; Maintenance of Properties. (a) The Borrower will do or cause to be done all things necessary to preserve and keep in full force and effect its existence as a Maryland Delaware corporation. The Borrower will cause each of its Subsidiaries and Operating Companies to do or cause to be done all things necessary to preserve and keep in full force and effect its legal existence. The Borrower will do or cause to be done all things necessary to preserve and keep in full force all of its rights and franchises and those of its SubsidiariesSubsidiaries and Operating Companies. The Borrower will, and will cause each of its Subsidiaries and Operating Companies to, continue to engage primarily in the businesses now conducted by it and in related businesses. (b) The Irrespective of whether proceeds of the Loans are available for such purpose, the Borrower (i) will cause all of its properties and those of its Subsidiaries and Operating Companies used or useful in the conduct of its business or the business of its Subsidiaries such Persons to be maintained and kept in good condition, repair and working order (ordinary wear and tear excepted) and supplied with all necessary equipment, and (ii) will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof in all cases in which the failure so to do would have a material adverse effect on the condition of its properties or on the financial condition, assets or operations of such Persons. (c) The common stock of the Borrower and its SubsidiariesPrice shall at all times be listed for trading and be traded on the New York Stock Exchange, the American Stock Exchange or NASDAQ.