Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its existence, rights (charter and statutory) and franchises; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 158 contracts
Sources: Indenture (Cullen/Frost Bankers, Inc.), Indenture (Mho, LLC), Indenture (Mho, LLC)
Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its the existence, rights (charter and statutory) and franchisesfranchises of the Company; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors it shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 139 contracts
Sources: Subordinated Indenture (Mind Technology, Inc), Subordinated Indenture (Ring Energy, Inc.), Senior Indenture (Natural Gas Services Group Inc)
Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its the existence, rights (charter and statutory) and franchisesfranchises of the Company; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 36 contracts
Sources: Subordinated Indenture (Hanover Compressor Co /), Subordinated Indenture (South Financial Group Inc), Senior Indenture (Brown Tom Inc /De)
Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its existence, rights (charter and statutory) and franchises; providedPROVIDED, howeverHOWEVER, that the Company shall not be required to preserve any such right or franchise if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 21 contracts
Sources: Indenture (Ferro Corp), Indenture (Nextlink Communications Inc / De), Indenture (Nextlink Communications Inc / De)
Existence. Subject to Article Eight8, the Company will shall do or cause to be done all things necessary to preserve and keep in full force and effect its existence, rights (charter and statutory) and franchises; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors of the Company shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 20 contracts
Sources: Indenture (Oscient Pharmaceuticals Corp), Indenture (Oscient Pharmaceuticals Corp), Indenture (Sohu Com Inc)
Existence. Subject to Article EightTen, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its existence, rights (charter and statutory) and franchises; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the Holdersholders.
Appears in 19 contracts
Sources: Indenture (Athene Holding Ltd.), Indenture (Athene Holding Ltd.), Indenture (Athene Holding LTD)
Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its the existence, rights (charter and statutory) and franchisesfranchises of the Company and its Subsidiaries; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and its Subsidiaries as a whole and that the loss thereof is not disadvantageous in any material respect to the HoldersHolders of Securities of any series.
Appears in 18 contracts
Sources: Indenture (Amb Property Lp), Indenture (Provident Companies Inc /De/), Indenture (Accredo Therapeutics Inc)
Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its existence, rights (charter and statutory) and franchises; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors Company shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 17 contracts
Sources: Agency Agreement (Zimmer Biomet Holdings, Inc.), Agency Agreement (Zimmer Biomet Holdings, Inc.), Indenture (Abbott Laboratories)
Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its legal existence, rights (charter and statutory) and franchises; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 17 contracts
Sources: Subordinated Indenture (Principal Financial Services Inc), Senior Indenture (Principal Financial Group Inc), Subordinated Indenture (Principal Financial Group Inc)
Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its existence, rights (charter and statutory) and franchises; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the Holdersability of the Company to make payments hereunder.
Appears in 14 contracts
Sources: Indenture (PetroQuest Energy, L.L.C.), Indenture (PetroQuest Energy, L.L.C.), Indenture (Global Signal Inc)
Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its existence, corporate existence and the rights (charter and statutory) and franchisesfranchises of the Company; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 13 contracts
Sources: Indenture (Liquid Media Group Ltd.), Indenture (Liquid Media Group Ltd.), Indenture (Meta Financial Group Inc)
Existence. Subject to Article EightTwelve, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its existence, existence and rights (charter and statutory) and franchises); provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors Company shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the HoldersNoteholders.
Appears in 12 contracts
Sources: Indenture (Conexant Systems Inc), Indenture (Kulicke & Soffa Industries Inc), Indenture (Lattice Semiconductor Corp)
Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its existence, rights (charter and statutory) and franchises; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors in good faith shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 12 contracts
Sources: Indenture (Philip Services Corp/De), Indenture (Loews Cineplex Entertainment Corp), Indenture (Georgia Gulf Corp /De/)
Existence. Subject to Article EightNine, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its the existence, rights (charter and statutory) and franchisesfranchises of the Company; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors it shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the HoldersCompany.
Appears in 12 contracts
Sources: Seventeenth Supplemental Indenture (Concho Resources Inc), Fifteenth Supplemental Indenture (Concho Resources Inc), Supplemental Indenture (Concho Resources Inc)
Existence. Subject to Article Eight12, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its existence, existence and rights (charter and statutory) and franchises); provided, however, provided that the Company shall not be required to preserve any such right or franchise if the Board of Directors Company shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the HoldersNoteholders.
Appears in 11 contracts
Sources: Indenture (Alliant Techsystems Inc), Indenture (Headwaters Inc), Indenture (Walter Industries Inc /New/)
Existence. Subject to Article Eight8, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its the existence, rights (charter and statutory) and franchisesfranchises of the Company; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors of the Company shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 10 contracts
Sources: Indenture (Hornbeck Offshore Trinidad & Tobago, LLC), Indenture (Hornbeck Offshore Trinidad & Tobago, LLC), Indenture (Energy Services Puerto Rico LLC)
Existence. Subject to Article Eight, the Company will shall do or cause to be done all things necessary to preserve and keep in full force and effect its existence, rights (charter and statutory) and franchises; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors of the Company shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 10 contracts
Sources: Indenture (Avon Products Inc), Indenture (Avon Products Inc), Indenture (Retirement Inns of America, Inc.)
Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its their respective existence, rights (charter and statutory) and franchises; provided, however, that the Company shall not be required to preserve any such right or franchise if the its Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the HoldersHolders of Outstanding Securities.
Appears in 9 contracts
Sources: Senior Debt Indenture (Intercontinental Exchange, Inc.), Subordinated Debt Indenture (Intercontinental Exchange, Inc.), Senior Debt Indenture (Intercontinental Exchange, Inc.)
Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, all material rights (charter by certificate of incorporation, by-laws and statutorystatute) and all material franchises; providedPROVIDED, howeverHOWEVER, that the Company shall not be required to preserve any such right or franchise if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the HoldersCompany.
Appears in 9 contracts
Sources: Indenture (Viasat Inc), Indenture (Excel Legacy Corp), Indenture (Leap Wireless International Inc)
Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, all material rights (charter by articles of incorporation, by-laws and statutorystatute) and material franchises; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the HoldersCompany.
Appears in 8 contracts
Sources: Indenture (Avalonbay Communities Inc), Indenture (Trinet Corporate Realty Trust Inc), Indenture (Bay Apartment Communities Inc)
Existence. Subject to Article Eight11, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its existence, existence and rights (charter and statutory) and franchises); provided, however, provided that the Company shall not be required to preserve any such right or franchise if the Board of Directors Company shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the HoldersNoteholders.
Appears in 7 contracts
Sources: Indenture (Alliant Techsystems Inc), Indenture (O Reilly Automotive Inc), Indenture (Headwaters Inc)
Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its existence, rights (charter and statutory) and franchises; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors Company shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the HoldersCompany.
Appears in 7 contracts
Sources: Indenture (Alto Ingredients, Inc.), Indenture (Pacific Ethanol, Inc.), Indenture (Globalstar, Inc.)
Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, all material rights (charter by articles of incorporation, by-laws and statutorystatute) and material franchises; providedPROVIDED, howeverHOWEVER, that the Company shall not be required to preserve any such right or franchise if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the HoldersCompany.
Appears in 7 contracts
Sources: Indenture (Wyman Gordon Co), Indenture (Wyman Gordon Co), Indenture (Trinet Corporate Realty Trust Inc)
Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its existence, rights (charter and statutory) and franchises; franchises; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the HoldersCompany.
Appears in 7 contracts
Sources: Senior Priority Guaranteed Unsecured Notes (Office Properties Income Trust), Senior Secured Notes Agreement (Office Properties Income Trust), Exchange Agreement (Office Properties Income Trust)
Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its existence, rights (charter declaration and statutory) and franchises; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the HoldersCompany.
Appears in 7 contracts
Sources: Indenture (Hospitality Properties Trust), Indenture (Health & Retirement Properties Trust), Indenture (Hospitality Properties Trust)
Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its existence, rights (charter and statutory) and franchises; providedPROVIDED, howeverHOWEVER, that the Company shall not be required to preserve any such right or franchise if the Board of Directors Company shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 7 contracts
Sources: Indenture (ONE Gas, Inc.), Indenture (ONE Gas, Inc.), Indenture (AbbVie Inc.)
Existence. Subject to Article Eight, the Company Corporation will do or cause to be done all things necessary to preserve and keep in full force and effect its existence, rights (charter and statutory) and franchises; provided, however, that the Company Corporation shall not be required to preserve any such right or franchise if the Board of Directors Trustees shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company Corporation and that the loss thereof is not disadvantageous in any material respect to the HoldersHolders of Outstanding Securities.
Appears in 6 contracts
Sources: Indenture (Wellcare Health Plans, Inc.), Indenture (Wellcare Health Plans, Inc.), Indenture (Wellcare Health Plans, Inc.)
Existence. Subject to Article Eight, the Company will do or cause to be done all the things necessary to preserve and keep in full force and effect its existence, rights (charter and statutory) and franchises; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors it shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the HoldersCompany.
Appears in 6 contracts
Sources: Indenture (KBK Capital Trust I), Junior Convertible Subordinated Indenture (Amcv Capital Trust I), Indenture (El Paso Natural Gas Co)
Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its existence, rights (charter and statutory) and franchises; provided, however, that the Company shall not be required to preserve any such right or franchise if the its Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 6 contracts
Sources: Indenture (Lifevantage Corp), Indenture (Coca-Cola European Partners Us, LLC), Indenture (Medicinova Inc)
Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its existence, rights (charter and statutory) and franchises; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 6 contracts
Sources: Indenture (Carramerica Realty Corp), Indenture (Carramerica Realty Corp), Indenture (Carramerica Realty Corp)
Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its the existence, rights (charter and statutory) and franchisesfranchises of itself and of each Guarantor; provided, however, that the Company and the Guarantors shall not be required to preserve any such right or franchise if the its Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 6 contracts
Sources: Indenture (Carramerica Realty Corp), Indenture (Carramerica Realty Corp), Indenture (Capitalsource Holdings LLC)
Existence. Subject to Article Eight9, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its existence, rights (charter and statutory) ), and franchises; provided, however, that the Company shall will not be required to preserve any such right or franchise if the Board of Directors shall determine determines that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is will not disadvantageous result in any material respect to the Holdersa Material Adverse Effect.
Appears in 6 contracts
Sources: Indenture (Dendreon Corp), Indenture (Dendreon Corp), Indenture (Thomas Properties Group Inc)
Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, rights (charter and statutory) and franchises; provided, however, that the Company shall not be required to preserve any such right or franchise franchise, if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 5 contracts
Sources: Indenture (Kent Electronics Corp), Indenture (Kent Electronics Corp), Indenture (Converse Inc)
Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its existence, rights (charter partnership and statutory) and franchises; providedPROVIDED, howeverHOWEVER, that the Company shall not be required to preserve any such right or franchise if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 5 contracts
Sources: Indenture (Weeks Realty L P), Indenture (Weeks Realty L P), Indenture (Weeks Realty L P)
Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its the existence, rights (charter and statutory) and franchisesfranchises of the Company; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the HoldersCompany.
Appears in 5 contracts
Sources: Subordinated Indenture (Penn Virginia MC CORP), Subordinated Indenture (Penn Virginia Corp), Subordinated Indenture (Penn Virginia Corp)
Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its existence, rights (charter and statutory) and franchises; providedPROVIDED, howeverHOWEVER, that the Company shall not be required to preserve any such right or franchise if the Board of Directors Directors, or the principal executive officer and principal financial officer of the Company acting jointly, shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 5 contracts
Sources: Indenture (Scholastic Corp), Indenture (Scholastic Corp), Indenture (Scholastic Corp)
Existence. Subject to Article EightSeven, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its existence, rights (charter and statutory) and franchises; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the HoldersHolders of the Notes.
Appears in 5 contracts
Sources: Indenture (Southwest Gas Corp), Indenture (Southwest Gas Corp), Indenture (Southwest Gas Corp)
Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its existence, rights (charter and statutory) and franchises; providedPROVIDED, howeverHOWEVER, that the Company shall not be required to preserve any such right or franchise if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the Holdersability of the Company to make payments hereunder.
Appears in 5 contracts
Sources: Indenture (Tyler & Sanders Roads, Birmingham-Alabama, LLC), Indenture (Tyler & Sanders Roads, Birmingham-Alabama, LLC), Indenture (Russell Corp)
Existence. Subject to Article Eight8, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its existence, rights (charter and statutory) and franchises; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 5 contracts
Sources: Indenture (Cii Financial Inc), Indenture (Fiserv Inc), Indenture (Fiserv Inc)
Existence. Subject to Article EightSeven, the Company will do or cause to be done all ------------- things necessary to preserve and keep in full force and effect its existence, rights (charter and statutory) and franchises; provided, however, that the -------- ------- Company shall not be required to preserve any such right or franchise if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 5 contracts
Sources: Indenture (Medarex Inc), Indenture (Medarex Inc), Indenture (Siebel Systems Inc)
Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its existence, rights (charter and statutory) and franchises; provided, however, that the -------- ------- Company shall not be required to preserve any such right or franchise if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 5 contracts
Sources: Subordinated Indenture (Nuevo Energy Co), Indenture (Sprint Capital Corp), Indenture (GBC Bancorp)
Existence. Subject to Article Eight13, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its existence, existence and rights (charter and statutory) and franchises); provided, however, provided that the Company shall not be required to preserve any such right or franchise if the Board of Directors Company shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the HoldersNoteholders.
Appears in 5 contracts
Sources: Indenture (Durect Corp), Indenture (Celgene Corp /De/), Indenture (Atherogenics Inc)
Existence. Subject to Article Eight12, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its existence, existence and rights (charter and statutory) and franchises); provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors Company shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the HoldersNoteholders.
Appears in 5 contracts
Sources: Indenture (LTX Corp), Indenture (Kulicke & Soffa Industries Inc), Indenture (LTX Corp)
Existence. Subject to Article Eight12, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its existence, existence and rights (charter and statutory) and franchises); provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors Company shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the HoldersDebentureholders.
Appears in 5 contracts
Sources: Indenture (Mentor Graphics Corp), Indenture (Mentor Graphics Corp), Indenture (Mentor Graphics Corp)
Existence. Subject to Article EightSix, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its existence, rights (charter and statutory) and franchises; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 5 contracts
Sources: Limited Liability Company Agreement (Iridium World Communications LTD), Indenture (Cell Therapeutics Inc), Indenture (Asm International N V)
Existence. Subject to Article Eight13 hereof, the Company will shall do or cause to be done all things necessary to preserve and keep in full force and effect its existence, rights (charter and statutory) and franchises; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors of the Company shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 5 contracts
Sources: Indenture (Endeavour Silver Corp), Indenture (Endeavour Silver Corp), Indenture (Minefinders Corp Ltd.)
Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its existence, corporate rights (charter and statutory) and corporate franchises; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 5 contracts
Sources: Indenture (Jostens Inc), Indenture (Deluxe Corp), Indenture (Deluxe Corp)
Existence. Subject to Article Eight9, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its existence, existence and rights (charter and statutory) and franchises); provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors Company shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the HoldersHolders of the Securities.
Appears in 4 contracts
Sources: Indenture (Concur Technologies Inc), Indenture (Xilinx Inc), Indenture (Concur Technologies Inc)
Existence. Subject to Article Eight10, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its existence, existence and rights (charter and statutory) and franchises); provided, however, provided that the Company shall will not be required to preserve any such right or franchise if the Board of Directors shall determine determines that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is will not be disadvantageous in any material respect to the Holders.
Appears in 4 contracts
Sources: Indenture (Axsome Therapeutics, Inc.), Indenture (Axsome Therapeutics, Inc.), Indenture (Valeritas Holdings Inc.)
Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its existence, rights (charter and statutory) and franchises; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the HoldersCompany.
Appears in 4 contracts
Sources: Indenture (Cornell Abraxas Group, Inc.), Indenture (Rowan Companies Inc), Indenture (Brascan Corp/)
Existence. Subject to Article EightNine, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its the existence, rights (charter and statutory) and franchisesfranchises of the Company; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors it shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the HoldersCompany. Section 1106. [Reserved].
Appears in 4 contracts
Sources: Sixth Supplemental Indenture (Concho Resources Inc), Fourth Supplemental Indenture (Concho Resources Inc), Third Supplemental Indenture (Concho Resources Inc)
Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its existenceexistence as a corporation, rights (charter and statutory) and franchises; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the HoldersCompany.
Appears in 4 contracts
Sources: Indenture (Semco Capital Trust Iii), Indenture (Semco Capital Trust), Indenture (Semco Capital Trust Iii)
Existence. Subject to Article Eight, the Company will shall do or cause to be done all things necessary to preserve and keep in full force and effect its existence, rights (charter and statutory) and franchises; provided, however, that the Company shall not be required to preserve any such right or franchise if the its Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the HoldersCompany.
Appears in 4 contracts
Sources: Indenture (Harrahs Operating Co Inc), Indenture (Harrahs Operating Co Inc), Indenture (Harrahs Operating Co Inc)
Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, rights (charter and statutory) and franchises; providedPROVIDED, howeverHOWEVER, that the Company shall will not be required to preserve any such right or franchise if the Board of Directors shall determine it determines that the preservation thereof is no longer desirable in the conduct of the its business of the Company and that the loss thereof is not disadvantageous in any material respect to the HoldersHolders of the outstanding Debt Securities.
Appears in 4 contracts
Sources: Indenture (Bre Properties Inc /Md/), Indenture (Bre Properties Inc /Md/), Indenture (Bre Properties Inc /Md/)
Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, all material rights (charter and statutory) and material franchises; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 4 contracts
Sources: Indenture (Boston Private Financial Holdings Inc), Indenture (Boston Private Financial Holdings Inc), Indenture (Boston Private Financial Holdings Inc)
Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its existence, rights (charter and statutory) and franchisesfranchises and the existence, rights (charter and statutory) and franchises of each Subsidiary; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 4 contracts
Sources: Indenture (Personnel Group of America Inc), Indenture (Res Care Inc /Ky/), Indenture (Speedway Motorsports Inc)
Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its existence, rights (charter by partnership agreement and statutorystatute) and franchises; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors shall determine it determines that the preservation thereof is no longer desirable in the conduct of the its business of the Company and that the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 4 contracts
Sources: Senior Indenture (Liberty Property Limited Partnership), Indenture (Liberty Property Limited Partnership), Subordinated Indenture (Liberty Property Limited Partnership)
Existence. Subject to Article Eight10, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its existence, existence and rights (charter and statutory) and franchises); provided, however, that the Company shall will not be required to preserve any such right or franchise if the Board of Directors shall determine determines that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is will not disadvantageous result in any material respect to the Holdersa Material Adverse Effect.
Appears in 4 contracts
Sources: Indenture (Honeywell International Inc), Indenture (Lexmark International Inc /Ky/), Indenture (Lexmark International Inc /Ky/)
Existence. Subject to Article EightTwelve, the Company will do or --------- cause to be done all things necessary to preserve and keep in full force and effect its existence, existence and rights (charter and statutory) and franchises); provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors Company shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the HoldersNoteholders.
Appears in 3 contracts
Sources: Indenture (Riverstone Networks Inc), Indenture (At Home Corp), Indenture (Viropharma Inc)
Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its the existence, rights (charter and statutory) franchises of itself and franchisesof each Guarantor; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and the Guarantors taken as a whole and that the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 3 contracts
Sources: Indenture (Carramerica Realty L P), Indenture (Carramerica Realty Corp), Indenture (Carramerica Realty L P)
Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, all material rights (charter by certificate of incorporation, by-laws and statutorystatute) and material franchises; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the HoldersCompany.
Appears in 3 contracts
Sources: Indenture (Shurgard Storage Centers Inc), Indenture (Shurgard Storage Centers Inc), Indenture (Shurgard Storage Centers Inc)
Existence. Subject to Article EightARTICLE SEVEN, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its existence, rights (charter and statutory) and franchises; providedPROVIDED, howeverHOWEVER, that the Company shall not be required to preserve any such right or franchise if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 3 contracts
Sources: Indenture (Millennium Pharmaceuticals Inc), Indenture (Etoys Inc), Indenture (Etoys Inc)
Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its the existence, rights (charter and statutory) and franchisesfranchises of the Company and each Subsidiary Guarantor; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors in good faith shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 3 contracts
Sources: Indenture (Staples Inc), Indenture (Staples Inc), Indenture (Staples Inc)
Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its existence, rights (charter and statutory) and franchises; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors it shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the HoldersCompany.
Appears in 3 contracts
Sources: Indenture (El Paso Energy Corp/De), Indenture (El Paso Energy Capital Trust Iii), Indenture (Santa Fe Snyder Corp)
Existence. Subject to Article EightEight and Section 1018, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its existence, rights (charter and statutory) and franchises; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors in good faith shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 3 contracts
Sources: Indenture (Forest City Enterprises Inc), Indenture (Forest City Enterprises Inc), Indenture (Forest City Enterprises Inc)
Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its existence, rights (charter and statutory) and franchisesfranchises and the existence, rights (charter and statutory) and franchises of its subsidiaries; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 3 contracts
Sources: Indenture (Northrop Grumman Corp /De/), Indenture (Northrop Grumman Corp /De/), Indenture (Northrop Grumman Corp /De/)
Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its the existence, rights (charter and statutory) and franchisesfranchises of the Company and each Subsidiary Guarantor; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors of the Company in good faith shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 3 contracts
Sources: Indenture (Universal Brixius Inc), Indenture (Poindexter J B & Co Inc), Indenture (Poindexter J B & Co Inc)
Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its existence, rights (charter and statutory) and franchises; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors it shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the HoldersCompany. SECTION 1006.
Appears in 3 contracts
Sources: Indenture (Tennessee Gas Pipeline Co), Indenture (El Paso Tennessee Pipeline Co), Indenture (Tennessee Gas Pipeline Co)
Existence. Subject to Article Eight12, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its existence, existence and rights (charter and statutory) and franchises); provided, however, provided that the Company shall not be required to preserve any such right or franchise if the Board of Directors Company shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the HoldersDebentureholders.
Appears in 3 contracts
Sources: Indenture (Wild Oats Markets Inc), Indenture (Kellwood Co), Indenture (Allied Waste Industries Inc)
Existence. Subject to Article Eight8, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its existence, existence and rights (charter and statutory) and franchises); provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors Company shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the Holdersholders of the Securities.
Appears in 3 contracts
Sources: Indenture (Borland Software Corp), Indenture (Dexcom Inc), Indenture (Macrovision Corp)
Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its existence, rights (charter and statutory) and franchises; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors it shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the Holders.Company. 51
Appears in 3 contracts
Sources: Indenture (El Paso Natural Gas Co), Indenture (El Paso Natural Gas Co), Indenture (El Paso Natural Gas Co)
Existence. Subject to Article Eight11, the Company will shall do or cause to be done all things necessary to preserve and keep in full force and effect its existence, rights (charter and statutory) and franchises; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors of the Company shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 3 contracts
Sources: Indenture (Verisign Inc/Ca), Indenture (Xilinx Inc), Indenture (Intel Corp)
Existence. Subject to Article Eight13, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its existence, existence and rights (charter and statutory) and franchises); provided, however, provided that the Company shall not be required to preserve any such right or franchise if the Board of Directors Company shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the HoldersDebentureholders.
Appears in 3 contracts
Sources: Indenture (Wilson Greatbatch Technologies Inc), Indenture (Williams Companies Inc), Indenture (Williams Companies Inc)
Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its existence, existence and rights (charter and statutory) and franchises); provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors Company shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and or that the loss thereof is would not disadvantageous in any material respect materially and adversely affect the Company's ability to the Holdersperform its obligations under this Indenture.
Appears in 3 contracts
Sources: Indenture (Delta Air Lines Inc /De/), Indenture (Atlas Air Inc), Indenture (Atlas Air Inc)
Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its limited partnership existence, all material rights (charter by certificate of limited partnership, bylaws and statutorystatute) and all material franchises; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the HoldersCompany.
Appears in 2 contracts
Sources: Indenture (Kilroy Realty, L.P.), Indenture (Kilroy Realty, L.P.)
Existence. Subject to Article Eight11, the Company will shall do or cause to be done all things necessary to preserve and keep in full force and effect its existence, rights (charter and statutory) and franchises; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors Company shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 2 contracts
Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its existence, existence and rights (charter and statutory) and franchises); provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors Company shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is would not disadvantageous in any material respect materially and adversely affect the Company's ability to the Holdersperform its obligations under this Indenture.
Appears in 2 contracts
Sources: Indenture (Delta Air Lines Inc /De/), Indenture (Delta Air Lines Inc /De/)
Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its existence, rights (charter partnership and statutory) and franchises; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 2 contracts
Sources: Indenture (Storage Usa Inc), Indenture (Susa Partnership Lp)
Existence. Subject to Article Eight9, the Company will shall do or cause to be done all things necessary to preserve and keep in full force and effect its existence, rights (charter and statutory) and franchises; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors of the Company shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 2 contracts
Sources: Indenture (Oscient Pharmaceuticals Corp), Indenture (Guardian II Acquisition CORP)
Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its existence, rights (charter and statutory) and franchises; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of or Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 2 contracts
Sources: Indenture (Allegheny Ludlum Corp Et Al), Indenture (Allegheny Ludlum Corp Et Al)
Existence. Subject to Article Eight8, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, rights (charter and statutory) and franchises; providedPROVIDED, howeverHOWEVER, that the Company shall not be required to preserve any such right or franchise if the Board of Directors of the Company shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 2 contracts
Sources: Indenture (Golden Star Resources LTD), Indenture (Stillwater Mining Co /De/)
Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its existence, rights (charter and statutory) and franchises; providedPROVIDED, howeverHOWEVER, that the Company shall not be required to preserve any such right or franchise if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the HoldersHolders and, while any Capital Securities are outstanding, the holders of the Capital Securities.
Appears in 2 contracts
Sources: Indenture (Commerce Security Bancorp Inc), Indenture (Washington Mutual Capital I)
Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its it existence, rights (charter and statutory) and franchises; provided, however, provided that the Company shall not be required to preserve any such right or franchise if the Board of Directors Company shall determine that the its preservation thereof is no longer desirable in the conduct of the business of the Company and that the its loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 2 contracts
Sources: Indenture (National Data Corp), Indenture (Reptron Electronics Inc)
Existence. Subject to Article EightSection 8, the Company will shall do or cause to be done all things necessary to preserve and keep in full force and effect its existence, rights (charter and statutory) and franchises; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors of the Company shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 2 contracts
Sources: Securities Purchase Agreement (Prentice Capital Management, LP), Securities Purchase Agreement (Sac Capital Advisors LLC)
Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its existence, corporate existence and that of the Bank and the rights (charter and statutory) and franchisesfranchises of the Company and of the Bank; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors Company shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and the Bank taken as a whole, and that the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 2 contracts
Sources: Indenture (State Street Capital Trust Ii), Indenture (State Street Corp)
Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, rights (charter and statutory) and franchises; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors Company shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 2 contracts
Sources: Indenture (Seagate Technology Inc), Indenture (Seagate Technology Inc)
Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, rights (charter and statutory) and franchises; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 2 contracts
Sources: Indenture (Oracle Corp /De/), Indenture (Oracle Corp /De/)
Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, all material rights (charter by agreement of limited partnership and statutorystatute) and material franchises; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the HoldersCompany.
Appears in 2 contracts
Sources: Indenture Agreement (Boston Properties LTD Partnership), Indenture (Boston Properties LTD Partnership)
Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its legal existence, rights (charter and statutory) and franchisesfranchises of the Company, the Subsidiary Guarantors and any Restricted Subsidiary; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors Company shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 2 contracts
Sources: Senior Indenture (EAM Corp), Senior Indenture (Domtar Paper Company, LLC)
Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its the existence, rights (charter and statutory) and franchisesfranchises of the Company and each Subsidiary Guarantor; providedPROVIDED, howeverHOWEVER, that the Company shall not be required to preserve any such right or franchise if the Board of Directors in good faith shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 2 contracts
Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its existence, rights (charter and statutory) and franchisesfranchises and the existence, rights (charter and statutory) and franchises of each Subsidiary; providedPROVIDED, howeverHOWEVER, that the Company shall not be required to preserve any such right or franchise if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 2 contracts
Sources: Indenture (PHP Healthcare Corp), Indenture (NCS Healthcare Inc)
Existence. Subject to Article EightSeven, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its existence, rights (charter and statutory) and franchises; providedPROVIDED, howeverHOWEVER, that the Company shall not be required to preserve any such right or franchise if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 2 contracts
Sources: Indenture (Sports Authority Inc /De/), Indenture (Staples Inc)
Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its the Company's existence, rights (charter and statutory) and franchisesfranchises and the existence, rights (charter and statutory) and franchises of each Subsidiary; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 2 contracts
Sources: Indenture (North American Vaccine Inc), Indenture (Atrix Laboratories Inc)
Existence. Subject to Article Eight8, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its existence, existence and rights (charter and statutory) and franchises); provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors Company shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the HoldersHolders of the Notes.
Appears in 2 contracts
Sources: First Supplemental Indenture (Gevo, Inc.), First Supplemental Indenture (Onyx Pharmaceuticals Inc)
Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its legal existence, rights (charter and statutory) and franchises; provided, however, that the Company shall not be required to preserve any such right or franchise its corporate existence, if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous adverse in any material respect to the Holders.
Appears in 2 contracts
Sources: Indenture (Gogo Inc.), Indenture (Gogo Inc.)
Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its existence, rights (charter and statutory) and franchises; provided, however, that the Company shall not be required to preserve any any-such right or franchise if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 2 contracts
Sources: Indenture (Olympic Financial LTD), Indenture (Olympic Financial LTD)
Existence. Subject to Article EightEleven, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its existence, rights (charter and statutory) and franchises; provided, however, that the Company shall not be required to preserve any such right rights or franchise if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the HoldersSecurityholders.
Appears in 2 contracts
Sources: Subordinated Indenture (Residential Capital Corp), Indenture (Gmac Residential Holding Corp.)
Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its existence, rights (charter and statutory) and franchises; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors shall 44 51 determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 2 contracts
Sources: Indenture (Ugly Duckling Corp), Indenture (Ugly Duckling Corp)
Existence. Subject to Article Eight, the Company will do or --------- cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, all material rights (charter by articles of incorporation, by-laws and statutorystatute) and material franchises; provided, however, -------- ------- that the Company shall not be required to preserve any such right or franchise if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the HoldersCompany.
Appears in 2 contracts
Sources: Indenture (Trinet Corporate Realty Trust Inc), Indenture (Trinet Corporate Realty Trust Inc)
Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, all material rights (charter by articles of incorporation, by-laws and statutorystatute) and material franchises; providedPROVIDED, howeverHOWEVER, that the Company shall not be required to preserve any such right or franchise if the Board of Directors Trustees shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the HoldersCompany.
Appears in 2 contracts
Sources: Indenture (Western Investment Real Estate Trust), Indenture (Western Investment Real Estate Trust)