Common use of Preservation of Existence, Etc Clause in Contracts

Preservation of Existence, Etc. The Borrower will, and will cause each of its Subsidiaries to, (a) preserve, renew and maintain in full force and effect its legal existence and good standing under the Laws of the jurisdiction of its organization except in a transaction permitted by Section 6.03 or 6.04; (b) take all reasonable action to maintain all rights, licenses, permits, privileges and franchises necessary or desirable in the normal conduct of its business, except to the extent that failure to do so could not reasonably be expected to have a Material Adverse Effect; and (c) preserve or renew all of its registered patents, trademarks, trade names and service marks, the non-preservation of which could reasonably be expected to have a Material Adverse Effect.

Appears in 11 contracts

Sources: Credit Agreement (Power Solutions International, Inc.), Revolving Credit Agreement (Power Solutions International, Inc.), Credit Agreement (Istar Inc.)

Preservation of Existence, Etc. The Borrower will, and will cause each of its Subsidiaries to, (a) preservePreserve, renew and maintain in full force and effect its legal existence and good standing under the Laws of the jurisdiction of its organization except in a transaction permitted not prohibited by Section 6.03 7.04 or 6.047.05, or to the extent that failure to do so could not reasonably be expected to have a Material Adverse Effect; (b) take all reasonable action to maintain all rights, licensesprivileges, permits, privileges licenses and franchises necessary or desirable in the normal conduct of its business, except to the extent that failure to do so could not reasonably be expected to have a Material Adverse Effect; and (c) preserve or renew all of its registered patents, trademarks, trade names and service marks, the non-preservation of which could reasonably be expected to have a Material Adverse Effect. Without limiting the generality of the foregoing, the Borrower will do all things necessary to maintain its status as a REIT.

Appears in 10 contracts

Sources: Credit Agreement (Hcp, Inc.), Credit Agreement (Hcp, Inc.), Credit Agreement (Hcp, Inc.)

Preservation of Existence, Etc. The Each of Parent and Borrower willshall, and will shall cause each other member of its Subsidiaries the Consolidated Group to, : (a) preserve, renew and maintain in full force and effect its legal existence and good standing under the Laws of the jurisdiction of its organization except in a transaction permitted by Section 6.03 9.03 or 6.049.04; (b) take all reasonable action to maintain all rights, licensesprivileges, permits, privileges licenses and franchises necessary or desirable in the normal conduct of its business, except to the extent that failure to do so could not reasonably be expected to have a Material Adverse Effect; and (c) preserve or renew all of its registered patents, trademarks, trade names and service marks, the non-preservation of which could reasonably be expected to have a Material Adverse Effect.

Appears in 7 contracts

Sources: Credit Agreement (Rexford Industrial Realty, Inc.), Credit Agreement (Rexford Industrial Realty, Inc.), Credit Agreement (Rexford Industrial Realty, Inc.)

Preservation of Existence, Etc. The Borrower will, and will cause each of its Subsidiaries Subsidiary to, : (ai) preserve, renew and maintain in full force and effect its legal existence and good standing under the Laws of the jurisdiction of its organization except in a transaction permitted or not restricted by Section 6.03 or 6.047.05; (bii) take all reasonable action to maintain all government rights, licenseslicenses (including from any Applicable Insurance Regulatory Authority), permits, privileges and franchises necessary or desirable in the normal conduct of its business, except to the extent that failure to do so could would not reasonably be expected to have a Material Adverse Effect; and (ciii) preserve or renew all of its registered patents, trademarks, trade names and service marks, in each case under this clause (iii), the non-preservation of which could would reasonably be expected to have a Material Adverse Effect.

Appears in 6 contracts

Sources: Credit Agreement (Accelerant Holdings), Credit Agreement (Accelerant Holdings), Credit Agreement (Accelerant Holdings)

Preservation of Existence, Etc. The Borrower will, and will cause each of its Subsidiaries to, (a) preserve, renew and maintain in full force and effect its legal existence and good standing under the Laws laws of the jurisdiction of its organization except in a transaction permitted by Section 6.03 or 6.048.2; (b) take all reasonable action to maintain all rights, licensesprivileges, permits, privileges licenses and franchises necessary or desirable in the normal conduct of its business, except to the extent that failure to do so could not reasonably be expected to have a Material Adverse Effect; and (c) preserve or renew all of its registered patents, trademarks, trade names and service marks, the non-preservation of which could reasonably be expected to have a Material Adverse Effect.

Appears in 6 contracts

Sources: Credit Agreement (DPL Inc), Credit Agreement, Credit Agreement (Dayton Power & Light Co)

Preservation of Existence, Etc. The Borrower willWith respect to itself, each Subsidiary Bank and will cause each of its Subsidiaries to, Material Subsidiary: (a) preserve, renew and maintain in full force and effect its legal existence and good standing under the Laws of the jurisdiction of its organization except in a transaction permitted by Section 6.03 7.04 or 6.047.05; (b) take all reasonable action to maintain all rights, licensesprivileges, permits, privileges licenses and franchises necessary or desirable in the normal conduct of its business, except to the extent that failure to do so could not reasonably be expected to have a Material Adverse Effect; and (c) preserve or renew all of its registered patents, trademarks, trade names and service marks, the non-preservation of which could reasonably be expected to have a Material Adverse Effect.

Appears in 6 contracts

Sources: Credit Agreement (Wintrust Financial Corp), Credit Agreement (Wintrust Financial Corp), Credit Agreement (Wintrust Financial Corp)

Preservation of Existence, Etc. The Borrower will, and will cause each of its Subsidiaries to, (a) preservePreserve, renew and maintain in full force and effect the Borrower’s and its Material Subsidiaries’ legal existence and good standing (or equivalent status) under the Laws of the jurisdiction of its organization except in a transaction permitted by Section 6.03 7.04 or 6.047.05; (b) take all reasonable action to maintain all rights, licensesprivileges, permits, privileges licenses, approvals and franchises necessary or desirable in the normal conduct of its business, except to the extent that failure to do so could would not reasonably be expected to have a Material Adverse Effect; and (c) preserve or renew all of its registered patents, trademarks, trade names and service marks, the non-preservation of which could would reasonably be expected to have a Material Adverse Effect.

Appears in 5 contracts

Sources: Amendment and Restatement Agreement (Valvoline Inc), Amendment and Restatement Agreement (Valvoline Inc), Credit Agreement (Valvoline Inc)

Preservation of Existence, Etc. The Borrower will, shall and will shall cause each of its Subsidiaries to, Subsidiary to (a) preserve, renew and maintain in full force and effect its legal existence and good standing under the Laws of the jurisdiction of its organization except in a transaction permitted by Section 6.03 7.04, 7.05 or 6.047.06(a)(iii)(C); (b) take all reasonable action to maintain all rights, licensesprivileges, permits, privileges licenses and franchises necessary or desirable in the normal conduct of its business, except to the extent that failure to do so could not reasonably be expected to have a Material Adverse Effect; and (c) preserve or renew all of its registered patents, trademarks, trade names and service marks, the non-preservation of which could reasonably be expected to have a Material Adverse Effect.

Appears in 4 contracts

Sources: Credit Agreement (Carriage Services Inc), Credit Agreement (Carriage Services Inc), Credit Agreement (Carriage Services Inc)

Preservation of Existence, Etc. The General Partner and the Borrower willshall, and will shall cause each of its Subsidiaries Restricted Subsidiary to, (a) preserve, renew and maintain in full force and effect its legal existence and good standing under the Laws of the jurisdiction of its organization except in a transaction permitted by Section 6.03 7.02 or 6.047.03; (b) take all reasonable action to maintain all rights, licensesprivileges, permits, privileges licenses and franchises necessary or desirable in the normal conduct of its business, except to the extent that failure to do so could not reasonably be expected to have a Material Adverse Effect; and (c) preserve or renew all of its registered patents, trademarks, trade names and service marks, the non-preservation of which could reasonably be expected to have a Material Adverse Effect.

Appears in 4 contracts

Sources: Credit Agreement (Ferrellgas Finance Corp), Credit Agreement (Ferrellgas Partners Finance Corp), Credit Agreement (Ferrellgas Partners Finance Corp)

Preservation of Existence, Etc. The Borrower will, and will cause each of its Subsidiaries to, (a) The Borrower shall, and shall cause each Material Subsidiary to, preserve, renew and maintain in full force and effect its legal existence and good standing under the Laws of the jurisdiction of its organization except in a transaction permitted by Section 6.03 or 6.04; organization. (b) The Borrower shall, and shall cause each Subsidiary to, (i) take all reasonable action to maintain all rights, licensesprivileges, permits, privileges licenses and franchises necessary or desirable in the normal conduct of its business, except to the extent that failure to do so could not reasonably be expected to have a Material Adverse Effect; and (cii) preserve or renew all of its registered patents, trademarks, trade names and service marks, the non-preservation of which could reasonably be expected to have a Material Adverse Effect.

Appears in 4 contracts

Sources: Credit Agreement (Ansys Inc), Credit Agreement (Ansys Inc), Credit Agreement (Ansys Inc)

Preservation of Existence, Etc. The Each of Parent and Borrower willshall, and will shall cause each other member of its Subsidiaries the Consolidated Group to, : (a) preserve, renew and maintain in full force and effect its legal existence and good standing under the Laws of the jurisdiction of its organization except in a transaction permitted by Section 6.03 8.04 or 6.048.05; (b) take all reasonable action to maintain all rights, licensesprivileges, permits, privileges licenses and franchises necessary or desirable in the normal conduct of its business, except to the extent that failure to do so could not reasonably be expected to have a Material Adverse Effect; and (c) preserve or renew all of its registered patents, trademarks, trade names and service marks, the non-preservation of which could reasonably be expected to have a Material Adverse Effect.

Appears in 3 contracts

Sources: Credit Agreement (Armada Hoffler Properties, Inc.), Credit Agreement (Armada Hoffler Properties, Inc.), Credit Agreement (Armada Hoffler Properties, Inc.)

Preservation of Existence, Etc. The Borrower willshall, and will shall cause of each of its Subsidiaries to, : (a) preserve, renew and maintain in full force and effect its legal existence and good standing under the Laws of the jurisdiction of its organization except in a transaction permitted by Section 6.03 or 6.048.1; (b) take all reasonable action to maintain all rights, licensesprivileges, permits, privileges licenses and franchises necessary or desirable in the normal conduct of its business, except to the extent that failure to do so could not reasonably be expected to have a Material Adverse Effect; and (c) preserve or renew all of its registered patents, trademarks, trade names and service marks, the non-preservation of which could reasonably be expected to have a Material Adverse Effect.

Appears in 3 contracts

Sources: Credit Agreement (Vesta Real Estate Corporation, S.A.B. De C.V.), Sustainability Linked Revolving Credit Agreement (Vesta Real Estate Corporation, S.A.B. De C.V.), Sustainability Linked Revolving Credit Agreement (Vesta Real Estate Corporation, S.A.B. De C.V.)

Preservation of Existence, Etc. The Borrower will, shall and will shall cause each of its Subsidiaries to, Subsidiary to (a) preserve, renew and maintain in full force and effect its legal existence (and in the case of the Borrower in a jurisdiction in the United States) and good standing under the Laws of the jurisdiction of its organization except in a transaction permitted by Section 6.03 7.04 or 6.047.05; (b) take all reasonable action to maintain all rights, licensesprivileges, permits, privileges licenses and franchises necessary or desirable in the normal conduct of its business, except to the extent that failure to do so could not reasonably be expected to have a Material Adverse Effect; and (c) preserve or renew all of its registered patents, trademarks, trade names and service marks, the non-preservation of which could reasonably be expected to have a Material Adverse Effect.

Appears in 3 contracts

Sources: Credit Agreement (Carriage Services Inc), Credit Agreement (Carriage Services Inc), Credit Agreement (Carriage Services Inc)

Preservation of Existence, Etc. The Borrower willand each other Loan Party, and will shall cause each other member of its Subsidiaries the Consolidated Group to, : (a) preserve, renew and maintain in full force and effect its legal existence and good standing under the Laws of the jurisdiction of its organization except in a transaction permitted by Section 6.03 10.04 or 6.0410.05; (b) take all reasonable action to maintain all rights, licensesprivileges, permits, privileges licenses and franchises necessary or desirable in the normal conduct of its business, except to the extent that failure to do so could not reasonably be expected to have a Material Adverse Effect; and (c) preserve or renew all of its registered patents, trademarks, trade names and service marks, the non-preservation of which could reasonably be expected to have a Material Adverse Effect.

Appears in 3 contracts

Sources: Revolving Credit Agreement (Invesco Real Estate Income Trust Inc.), Revolving Credit Agreement (Invesco Real Estate Income Trust Inc.), Revolving Credit Agreement (Invesco Real Estate Income Trust Inc.)

Preservation of Existence, Etc. The Borrower willParent shall, and will shall cause each of its Subsidiaries Restricted Subsidiary to, : (a) preserve, renew and maintain in full force and effect its legal existence and good standing under the Laws of the jurisdiction of its organization except in a transaction permitted by Section 6.03 8.04 or 6.048.05; (b) take all reasonable action to maintain all rights, licensesprivileges, permits, privileges licenses and franchises necessary or desirable in the normal conduct of its business, except to the extent that failure to do so could not reasonably be expected to have a Material Adverse Effect; and (c) preserve or renew all of its registered patents, trademarks, trade names and service marks, the non-preservation of which could reasonably be expected to have a Material Adverse Effect.

Appears in 3 contracts

Sources: Term Loan Credit Agreement (Everi Holdings Inc.), Credit Agreement (Everi Holdings Inc.), Credit Agreement (Global Cash Access Holdings, Inc.)

Preservation of Existence, Etc. The Each of Parent and Borrower willshall, and will shall cause each other member of its Subsidiaries the Consolidated Group to, : (a) preserve, renew and maintain in full force and effect its legal existence and good standing under the Laws of the jurisdiction of its organization except in a transaction permitted by Section 6.03 9.04 or 6.049.05; (b) take all reasonable action to maintain all rights, licensesprivileges, permits, privileges licenses and franchises necessary or desirable in the normal conduct of its business, except to the extent that failure to do so could not reasonably be expected to have a Material Adverse Effect; and (c) preserve or renew all of its registered patents, trademarks, trade names and service marks, the non-preservation of which could reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Sources: Credit Agreement (Armada Hoffler Properties, Inc.), Credit Agreement (Armada Hoffler Properties, Inc.)

Preservation of Existence, Etc. The Borrower will, and will cause each of its Subsidiaries to, (a) preserve, renew and maintain in full force and effect its legal existence and good standing under the Laws of the jurisdiction of its organization except in a transaction permitted by Section 6.03 or 6.04organization; (b) take all reasonable action to maintain all rights, licenses, permits, privileges and franchises necessary or desirable in the normal conduct of its business, except to the extent that failure to do so could not reasonably be expected to have a Material Adverse Effect; and (c) preserve or renew all of its registered patents, trademarks, trade names and service marks, the non-preservation of which could reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Sources: Foundation Note Amendment Agreement (Torchlight Energy Resources Inc), Trust Note Amendment Agreement (Torchlight Energy Resources Inc)

Preservation of Existence, Etc. The Borrower willshall, and will shall cause each of its Restricted Subsidiaries to, to (a) preserve, renew and maintain in full force and effect its legal existence and good standing under the Laws of the jurisdiction of its organization except in a transaction permitted by Section 6.03 ‎7.04 or 6.04‎7.05; (b) take all reasonable action to maintain all rights, licensesprivileges, permits, privileges licenses and franchises necessary or desirable in the normal conduct of its business, except to the extent that failure to do so could not reasonably be expected to have a Material Adverse Effect; and (c) preserve or renew all of its registered patents, trademarks, trade names and service marks, the non-preservation of which could reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Sources: Revolving Credit Agreement (Western Refining, Inc.), Revolving Credit Agreement (Western Refining, Inc.)

Preservation of Existence, Etc. The Borrower willshall, and will shall cause each of its Subsidiaries to, (a) preserve, renew and maintain in full force and effect its legal existence and good standing under the Laws of the jurisdiction of its organization except in a transaction permitted by Section 6.03 or 6.04organization; (b) take all reasonable action to maintain all rights, licensesprivileges, permits, privileges licenses and franchises necessary or desirable in the normal conduct of its business, except in a transaction permitted by Section 7.04 or 7.05 hereof or except to the extent that failure to do so could not reasonably be expected to have a Material Adverse Effect; and (c) preserve or renew all of its registered patents, trademarks, trade names and service marks, the non-preservation of which could reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Sources: Credit Agreement (Cash America International Inc), Credit Agreement (Cash America International Inc)

Preservation of Existence, Etc. The Each Borrower will, and will cause each of its Subsidiaries Material Subsidiary to, : (ai) preserve, renew and maintain in full force and effect its legal existence and good standing under the Laws of the jurisdiction of its organization except in a transaction permitted or not restricted by Section 6.03 or 6.047.03; (bii) take all reasonable action to maintain all rights, licenseslicenses (including from any Applicable Insurance Regulatory Authority), permits, privileges and franchises necessary or desirable in the normal conduct of its business, except to the extent that failure to do so could would not reasonably be expected to have a Material Adverse Effect; and (ciii) preserve or renew all of its registered patents, trademarks, trade names and service marks, in each case under this Section 6.04(iii), the non-preservation of which could would reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Sources: Credit Agreement (Athene Holding LTD), Credit Agreement (Athene Holding LTD)

Preservation of Existence, Etc. The Borrower willshall, and will shall cause each of its Subsidiaries Restricted Subsidiary to, : (a) preserve, renew and maintain in full force and effect its legal existence and good standing under the Laws of the jurisdiction of its organization except in a transaction permitted by Section 6.03 8.04 or 6.048.05; (b) take all reasonable action to maintain all rights, licensesprivileges, permits, privileges licenses and franchises necessary or desirable in the normal conduct of its business, except to the extent that failure to do so so, either individually or in the aggregate, could not reasonably be expected to have a Material Adverse Effect; and (c) preserve or renew all of its registered patents, trademarks, trade names and service marks, the non-preservation of which which, either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Sources: Credit Agreement (Everi Holdings Inc.), Credit Agreement (Everi Holdings Inc.)

Preservation of Existence, Etc. The Borrower willEach Credit Party shall, and will shall cause each of its Subsidiaries to, : (a) preserve, renew and maintain in full force and effect its legal existence and good standing under the Laws Requirements of Law of the jurisdiction of its organization except in a transaction permitted by Section 6.03 6.4 or 6.046.5; (b) take all reasonable action to maintain all rights, licensesprivileges, permits, privileges licenses and franchises necessary or desirable in the normal conduct of its business, except to the extent that failure to do so could would not reasonably be expected to have a Material Adverse Effect; and (c) preserve or renew all of its registered patents, trademarks, trade names and service marks, the non-preservation of which could would reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Sources: Credit Agreement (Hemisphere Media Group, Inc.), Credit Agreement (Hemisphere Media Group, Inc.)

Preservation of Existence, Etc. The Borrower willshall, and will shall cause each of its Subsidiaries Material Subsidiary to, (a) preserve, renew preserve and maintain in full force and effect its legal existence and good standing under the Laws of the jurisdiction of its organization except in a transaction permitted by Section 6.03 7.04 or 6.047.05; and (b) take all reasonable action to maintain all rights, licensesprivileges, permits, privileges licenses, approvals and franchises in each case which are necessary or desirable in the normal conduct of its business, except to the extent that failure to do so could would not reasonably be expected to have a Material Adverse Effect; and (c) preserve or renew all of its registered patents, trademarks, trade names and service marks, the non-preservation or non-renewal of which could would reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Sources: Credit Agreement (Darden Restaurants Inc), 364 Day Credit Agreement (Darden Restaurants Inc)

Preservation of Existence, Etc. The Borrower will, and will cause each of its Subsidiaries to, (a) preserve, renew and maintain in full force and effect its legal existence and good standing under the Laws laws of the jurisdiction of its organization except in a transaction permitted by Section 6.03 or 6.047.2.3 [Merger, Consolidation, Asset Sales]; (b) take all reasonable action to maintain all rights, licensesprivileges, permits, privileges licenses and franchises necessary or desirable in the normal conduct of its business, except to the extent that failure to do so could not reasonably be expected to have a Material Adverse Effect; and (c) preserve or renew all of its registered patents, trademarks, trade names and service marks, the non-preservation of which could reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Sources: Credit Agreement (Dayton Power & Light Co), Credit Agreement (Dayton Power & Light Co)

Preservation of Existence, Etc. The Borrower willshall, and will shall cause each of its Restricted Subsidiaries to, to (a) preserve, renew and maintain in full force and effect its legal existence and good standing under the Laws of the jurisdiction of its organization except in a transaction permitted by Section 6.03 7.04 or 6.047.05; (b) take all reasonable action to maintain all rights, licensesprivileges, permits, privileges licenses and franchises necessary or desirable in the normal conduct of its business, except to the extent that failure to do so could not reasonably be expected to have a Material Adverse Effect; and (c) preserve or renew all of its registered patents, trademarks, trade names and service marks, the non-preservation of which could reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Sources: Revolving Credit Agreement (Western Refining, Inc.), Revolving Credit Agreement (Western Refining, Inc.)

Preservation of Existence, Etc. The Each Borrower will, and will cause each of its Subsidiaries to, (a) preserve, renew and maintain in full force and effect its legal existence and good standing under the Laws laws of the jurisdiction of its organization except in a transaction permitted by Section 6.03 or 6.049.2; (b) take all reasonable action to maintain all rights, licensesprivileges, permits, privileges licenses and franchises necessary or desirable in the normal conduct of its business, except to the extent that failure to do so could not reasonably be expected to have a Material Adverse Effect; and (c) preserve or renew all of its registered patents, trademarks, trade names and service marks, the non-preservation of which could reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Sources: Credit Agreement (Central Hudson Gas & Electric Corp), Credit Agreement (Ch Energy Group Inc)

Preservation of Existence, Etc. The Borrower willshall, and will shall cause each of its Subsidiaries Guarantor (if any) and each Material Subsidiary to, : (a) preserve, renew and maintain in full force and effect its legal existence and good standing under the Laws of the jurisdiction of its organization except in a transaction permitted not prohibited by Section 6.03 or 6.047.04; (b) take all reasonable action to maintain all rights, licensesprivileges, permits, privileges licenses and franchises necessary or desirable in the normal conduct of its business, except to the extent that failure to do so could not reasonably be expected to have a Material Adverse Effect; and (c) preserve or renew all of its registered patents, trademarks, trade names and service marks, the non-preservation failure to preserve any of which could reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Sources: Credit Agreement (Patterson Uti Energy Inc), Term Loan Agreement (Patterson Uti Energy Inc)

Preservation of Existence, Etc. The Borrower Company will, and will cause each of its Subsidiaries to, (a) preserve, renew and maintain in full force and effect its legal existence and good standing under the Laws of the jurisdiction of its organization except in a transaction permitted by Section 6.03 paragraph 6D or 6.046E; (b) take all reasonable action to maintain all rights, licensesprivileges, permits, privileges licenses and franchises necessary or desirable in the normal conduct of its business, except to the extent that failure to do so could not reasonably be expected to have a Material Adverse Effect; and (c) preserve or renew all of its registered patents, trademarks, trade names and service marks, the non-preservation of which could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Sources: Senior Secured Promissory Notes Agreement (Hilb Rogal & Hobbs Co)

Preservation of Existence, Etc. The Borrower Company will, and will cause each of its Subsidiaries to, (ai) preserve, renew and maintain in full force and effect its legal existence and good standing under the Laws of the jurisdiction of its organization except in a transaction permitted by Section 6.03 or 6.045.02(b); (bii) take all reasonable action to maintain all rights, licenses, permits, privileges and franchises necessary or desirable in the normal conduct of its business, except to the extent that failure to do so could not reasonably be expected to have a Material Adverse Effect; and (ciii) preserve or renew all of its registered patents, trademarks, trade names and service marks, the non-preservation of which could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Sources: Credit Agreement (Pricesmart Inc)

Preservation of Existence, Etc. The Borrower will, and will cause each of its [Material] Subsidiaries to, (a) preserve, renew and maintain in full force and effect its legal existence and good standing under the Laws of the jurisdiction of its organization except in a transaction permitted by Section 6.03 or 6.04; (b) take all reasonable action to maintain all rights, licenses, permits, privileges and franchises necessary or desirable in the normal conduct of its business, except to the extent that failure to do so could not reasonably be expected to have a Material Adverse Effect; and (c) preserve or renew all of its registered patents, trademarks, trade names and service marks, the non-preservation of which could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Sources: Credit Agreement

Preservation of Existence, Etc. The Parent and Borrower willshall, and will shall cause each of its their Subsidiaries to, : (a) preserve, renew renew, and maintain in full force and effect its legal existence and good standing under the Laws of the jurisdiction of its organization except in a transaction permitted by Section 6.03 Sections 8.04 or 6.048.05; (b) take all reasonable action to maintain all rights, licensesprivileges, permits, privileges licenses, and franchises necessary or desirable in the normal conduct of its business, except to the extent that failure to do so could not reasonably be expected to have a Material Adverse Effect; and (c) preserve or renew all of its registered patents, trademarks, trade names names, and service marks, the non-preservation of which could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Sources: Credit Agreement (Capital Lodging)

Preservation of Existence, Etc. The Borrower Company will, and will cause each of its Subsidiaries to, (a) preserve, renew and maintain in full force and effect its legal existence existence, if applicable, and good standing under the Laws of the jurisdiction of its organization except in a transaction permitted by (provided that any Subsidiary may merge, dissolve, liquidate or consolidate with or into another Person, subject to Section 6.03 or 6.04; 10), (b) take all reasonable action to maintain all rights, licensesprivileges, permits, privileges licenses and franchises necessary or desirable in the normal conduct of its business, except to the extent that failure to do so could not reasonably be expected to have a Material Adverse Effect; Effect and (c) preserve or renew all of its registered patents, trademarks, trade names and service marks, the non-preservation nonpreservation of which could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Sources: Note Purchase and Private Shelf Agreement (Allient Inc)

Preservation of Existence, Etc. The Borrower willshall, and will shall cause each of its Subsidiaries to, (ai) preserve, renew and maintain in full force and effect its legal existence and good standing under the Laws of the jurisdiction of its organization except in a transaction permitted by Section 6.03 or 6.04incorporation; (bii) take all reasonable action to maintain all rights, licenses, permits, privileges and franchises necessary or desirable in the normal conduct of its business, except to the extent that failure to do so could not reasonably be expected to have a Material Adverse Effect; and (ciii) preserve or renew all of its registered patents, trademarks, trade names and service marks, the non-preservation of which could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Sources: Loan and Security Agreement (NEUROONE MEDICAL TECHNOLOGIES Corp)

Preservation of Existence, Etc. The Borrower will, and will cause each of its Consolidated Subsidiaries to, (a) preserve, renew and maintain in full force and effect its legal existence and good standing under the Laws of the jurisdiction of its organization except in a transaction permitted by Section 6.03 or 6.046.01; (b) take all reasonable action to maintain all rights, licenses, permits, privileges and franchises necessary or desirable in the normal conduct of its business, except to the extent that failure to do so could not ny-2725048 reasonably be expected to have a Material Adverse Effect; and (c) preserve or renew all of its registered patents, trademarks, trade names and service marks, the non-preservation of which could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Sources: Credit Agreement (PGIM Private Real Estate Fund, Inc.)

Preservation of Existence, Etc. The Borrower will, and will cause each of its Subsidiaries to, (a) preserve, renew and maintain in full force and effect its legal existence and good standing under the Laws of the jurisdiction of its organization except in a transaction permitted by Section 6.03 or 6.04; (b) take all reasonable action to maintain all rights, licenses, permits, privileges and franchises necessary or desirable in the normal conduct of its business, except to the extent that failure to do so could would not reasonably be expected to have a Material Adverse Effect; and (c) preserve or renew all of its registered patents, trademarks, trade names and service marks, the non-preservation of which could would reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Sources: Credit Agreement (GAIN Capital Holdings, Inc.)

Preservation of Existence, Etc. The Borrower Each Credit Party will, and will cause each of its Subsidiaries to, (a) preserve, renew and maintain in full force and effect its legal existence and good standing under the Laws of the jurisdiction of its organization except in a transaction permitted by Section SECTION 6.03 or SECTION 6.04; (b) take all reasonable action to maintain all rights, licenses, permits, privileges and franchises necessary or desirable in the normal conduct of its business, except to the extent that failure to do so could not reasonably be expected to have a Material Adverse Effect; and (c) preserve or renew all of its registered patents, trademarks, trade names and service marks, the non-preservation of which could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Sources: Letter of Credit Facility Agreement (Enstar Group LTD)

Preservation of Existence, Etc. The Parent and Borrower willshall, and will shall cause each of its their Subsidiaries to, (a) preserve, renew renew, and maintain in full force and effect its legal existence and good standing under the Laws of the jurisdiction of its organization except in a transaction permitted by Section 6.03 8.04 or 6.048.05; (b) take all reasonable action to maintain all rights, licensesprivileges, permits, privileges licenses, and franchises necessary or desirable in the normal conduct of its business, except to the extent that failure to do so could not reasonably be expected to have a Material Adverse Effect; and (c) preserve or renew all of its registered patents, trademarks, trade names names, and service marks, the non-preservation of which could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Sources: Credit Agreement (CNL Hotels & Resorts, Inc.)

Preservation of Existence, Etc. The Borrower will, and will cause each of its Subsidiaries to, (a) The Borrower shall, and shall cause each Material Subsidiary to, preserve, renew and maintain in full force and effect its legal existence and good standing under the Laws of the jurisdiction of its organization except in a transaction permitted by Section 6.03 or 6.04; organization. (b) The Borrower shall, and shall cause each Subsidiary to, (i) take all reasonable action to maintain all rights, licensesprivileges, permits, privileges licenses and franchises necessary or desirable in the normal conduct of its business, except to the extent that failure to do so could not reasonably be expected to have a Material Adverse Effect; and (cii) preserve or renew all of its registered patents, trademarks, trade names and service marks, the non-preservation of which could reasonably be expected to have a Material Adverse Effect.. cviii

Appears in 1 contract

Sources: Credit Agreement (Ansys Inc)

Preservation of Existence, Etc. The Borrower will, In the case of the Credit Parties and will cause each of its Subsidiaries tothe Material Subsidiaries, (a) preserve, renew and maintain in full force and effect its legal existence and good standing under the Laws of the jurisdiction of its organization except in a transaction permitted by Section 6.03 7.03 or 6.047.04; (b) take all reasonable action to maintain all rights, licensesprivileges, permits, privileges licenses and franchises necessary or desirable in the normal conduct of its business, except to the extent that failure to do so could would not reasonably be expected to have a Material Adverse Effect; and (c) preserve or renew all of its registered patents, trademarks, trade names and service marks, the non-preservation of which could would reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Sources: Letter of Credit Reimbursement Agreement (Reinsurance Group of America Inc)

Preservation of Existence, Etc. The Borrower willCompany shall, and will shall cause each of its Subsidiaries to, (a) preserve, renew and maintain in full force and effect its legal existence and good standing under the Laws of the jurisdiction of its organization except in a transaction permitted by Section 6.03 or 6.04Sections 6.28(d) and (e); (b) take all reasonable action to maintain all rights, licensesprivileges, permits, privileges licenses and franchises necessary or desirable in the normal conduct of its business, except to the extent that failure to do so could not reasonably be expected to have a Material Adverse Effect; and (c) preserve or renew all of its registered patents, trademarks, trade names and service marks, the non-preservation of which could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Sources: Securities Purchase Agreement (Diamond Foods Inc)

Preservation of Existence, Etc. The Each of Parent and Borrower willshall, and will shall cause each other member of its Subsidiaries the Consolidated Group to, : (a) preserve, renew and maintain in full force and effect its legal existence and good standing under the Laws of the jurisdiction of its organization except in a transaction permitted by Section 6.03 9.02 or 6.049.03; (b) take all reasonable action to maintain all rights, licensesprivileges, permits, privileges licenses and franchises necessary or desirable in the normal conduct of its business, except to the extent that failure to do so could not reasonably be expected to have a Material Adverse Effect; and (c) preserve or renew all of its registered patents, trademarks, trade names and service marks, the non-preservation of which could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Sources: Credit Agreement (Rexford Industrial Realty, Inc.)

Preservation of Existence, Etc. The Borrower will, and will cause each of its Subsidiaries to, (a) preserve, renew and maintain in full force and effect its legal existence and good standing under the Laws laws of the jurisdiction of its organization except in a transaction permitted by Section 6.03 or 6.049.2; (b) take all reasonable action to maintain all rights, licensesprivileges, permits, privileges licenses and franchises necessary or desirable in the normal conduct of its business, except to the extent that failure to do so could not reasonably be expected to have a Material Adverse Effect; and (c) preserve or renew all of its registered patents, trademarks, trade names and service marks, the non-preservation of which could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Sources: Credit Agreement (Ch Energy Group Inc)

Preservation of Existence, Etc. The Borrower willshall, and will shall cause each of its Subsidiaries to, Subsidiary to (a) preserve, renew and maintain in full force and effect its legal existence and good standing under the Laws of the jurisdiction of its organization except in a transaction permitted by Section 6.03 7.04 or 6.047.05; (b) take all reasonable action to maintain all rights, licensesprivileges, permits, privileges licenses and franchises necessary or desirable in the normal conduct of its business, except to the extent that failure to do so could not reasonably be expected to have a Material Adverse Effect; and (c) preserve or renew all of its registered patents, trademarks, trade names and service marks, the non-preservation of which could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Sources: Credit Agreement (Sonic Corp)