Common use of Conduct of Business and Maintenance of Existence and Assets Clause in Contracts

Conduct of Business and Maintenance of Existence and Assets. Borrower shall (a) conduct its Business in accordance with its current business practices, (b) engage principally in the same or similar lines of business substantially as heretofore conducted, (c) collect (or cause to be collected) its Accounts and all Pledged Loans in the ordinary course of business, (d) maintain all of its Collateral used or useful in its Business in good repair, working order and condition (normal wear and tear excepted and except as may be disposed of in the ordinary course of business and in accordance with the terms of the Loan Documents), (e) from time to time to make all necessary repairs, renewals and replacements thereof, (f) maintain and keep in full force and effect its existence and all material Permits and qualifications to do business and good standing in its jurisdiction of formation and each other jurisdiction in which the ownership or lease of property or the nature of its Business makes such Permits or qualification necessary and in which failure to maintain such Permits or qualification could reasonably be expected to be, have or result in a Material Adverse Effect, (g) remain in good standing and maintain operations in all jurisdictions in which currently located, except where the failure to remain in good standing or maintain operations would not reasonably be expected to be, have or result in a Material Adverse Effect, and (h) maintain, comply with and keep in full force and effect its existence and all Intellectual Property and Permits necessary to conduct its Business, except in each case where the failure to maintain, comply with or keep in full force and effect could not reasonably be expected to be, have or result in a Material Adverse Effect.

Conduct of Business and Maintenance of Existence and Assets. Borrower and its Subsidiaries shall (ai) conduct its Business their business in accordance with its current good business practicespractices customary to the industry, (bii) engage principally in the same or similar lines of business substantially as heretofore conducted, taken as a whole, or any business reasonably related thereto, (ciii) collect (or cause to be collected) its their Accounts and all Pledged Loans in the ordinary course of business, (div) maintain all of its Collateral their material properties, assets and equipment used or useful in its Business business in good repair, working order and condition (normal wear and tear excepted and except as may be disposed of in the ordinary course of business and in accordance with the terms of the Loan DocumentsDocuments and otherwise as determined by Borrower and its Subsidiaries using commercially reasonable business judgment), (ev) from time to time to make all necessary or desirable repairs, renewals and replacements thereof, as determined by Borrower and its Subsidiaries using commercially reasonable business judgment and (fvi) maintain and keep in full force and effect its existence and all material Permits and qualifications to do business and good standing in its jurisdiction of formation and each other jurisdiction in which the ownership or lease of property or the nature of its Business business makes such Permits or qualification necessary and in which failure to maintain such Permits or qualification could reasonably be expected likely to be, have or result in a Material Adverse Effect, (g) remain in good standing and maintain operations in all jurisdictions in which currently located, except where the failure to remain in good standing or maintain operations would not reasonably be expected to be, have or result in a Material Adverse Effect, and (h) maintain, comply with and keep in full force and effect its existence and all Intellectual Property and Permits necessary to conduct its Business, except in each case where the failure to maintain, comply with or keep in full force and effect could not reasonably be expected to be, have or result in a Material Adverse Effect.

Conduct of Business and Maintenance of Existence and Assets. Borrower shall (a) conduct its Business business in accordance with its current good business practices, (b) practices customary to the industry and engage principally in the same or similar lines of business substantially as heretofore conducted, (b) maintain and keep in full force and effect its existence and engage only in the Business, (c) collect (or cause to be collected) its Accounts and all Pledged Loans proceeds on Inventory in the ordinary course of business, (d) maintain all of its Collateral material properties, assets and equipment used or useful in its Business business in good repair, working order and condition (normal wear and tear excepted and except as may be disposed of in the ordinary course of business and in accordance with the terms of the Loan Documents), (e) from time to time to make all necessary or desirable repairs, renewals and replacements thereof, (f) maintain maintain, comply with and keep in full force and effect its existence all Intellectual Property and all material Permits and qualifications to do business and good standing in its jurisdiction of formation and each other jurisdiction in which the ownership or lease of property or the nature of its Business business makes such Permits or qualification necessary and necessary, except in which each case where failure to maintain such Permits do so does not or qualification could not reasonably be expected to behave, have be or result in a Material Adverse Effect, ; and (g) remain in good standing and maintain operations in all jurisdictions in which currently located, except where the failure to remain in good standing or maintain operations would does not reasonably be expected to be, have or result in a Material Adverse Effect, and (h) maintain, comply with and keep in full force and effect its existence and all Intellectual Property and Permits necessary to conduct its Business, except in each case where the failure to maintain, comply with or keep in full force and effect could not reasonably be expected to behave, have be or result in a Material Adverse Effect.

Conduct of Business and Maintenance of Existence and Assets. Each Borrower shall (a) conduct its Business business in accordance with its current good business practicespractices customary to the industry, (b) engage principally in the same or similar lines of business substantially as heretofore conducted, (c) collect (or cause to be collected) its Accounts and all Pledged Loans in the ordinary course of business, (d) maintain all of its Collateral material properties, assets and equipment used or useful in its Business business in good repair, working order and condition (normal wear and tear excepted and except as may be disposed of in the ordinary course of business and in accordance with the terms of the Loan Documents), (e) from time to time to make all necessary or desirable repairs, renewals and replacements thereof, (f) maintain and keep in full force and effect its existence and all material Permits and qualifications to do business and good standing in its jurisdiction of formation and each other jurisdiction in which the ownership or lease of property or the nature of its Business business makes such Permits or qualification necessary and in which failure to maintain such Permits or qualification could reasonably be expected to be, have or result in a Material Adverse Effect, ; (g) remain in good standing and maintain operations in all jurisdictions in which currently located, except where the failure to remain in good standing or maintain operations would not reasonably be expected to be, have or result in a Material Adverse Effect, and (h) maintain, comply with and keep in full force and effect its existence and all Intellectual Property and Permits necessary to conduct its Business, except in each case where Business the loss of which or failure to maintain, comply with or keep in full force and effect maintain could not reasonably be expected to be, have or result in a Material Adverse Effect.

Conduct of Business and Maintenance of Existence and Assets. Each Borrower shall (a) conduct its Business business in accordance with good business practices customary to its current business practicesindustry, (b) engage principally in the same or similar lines of business substantially as heretofore conducted, (c) collect (or cause to be collected) its Accounts and all Pledged Loans in the ordinary course of business, (d) maintain all of its Collateral material properties, assets and equipment used or useful in its Business business in good repair, working order and condition (normal wear and tear and damage by fire or other casualty excepted and except as may be disposed of in the ordinary course of business and in accordance with and subject to the terms of the Loan Documents), (e) from time to time to make all necessary repairs, renewals and replacements thereof, (f) maintain and keep in full force and effect its existence and all material Permits and qualifications to do business and good standing in its jurisdiction of formation and each other jurisdiction in which the ownership or lease of property or the nature of its Business business makes such Permits or qualification necessary and in which failure to maintain such Permits or qualification could reasonably be expected to be, have or result in a Material Adverse Effect, ; (g) remain in good standing and maintain operations in all jurisdictions in which currently located, except where the failure to remain in good standing or maintain operations would not reasonably be expected to be, have or result in a Material Adverse Effect, and (h) maintain, comply with and keep in full force and effect its existence and all Intellectual Property and Permits necessary to conduct its Business, except in each case where the Business the loss of which or failure to maintain, comply with or keep in full force and effect maintain could not reasonably be expected to be, have or result in a Material Adverse Effect.

Conduct of Business and Maintenance of Existence and Assets. Borrower Each Credit Party shall (a) conduct its Business business in accordance with good business practices customary to its current business practicesindustry, (b) engage principally in the same or similar lines of business substantially as heretofore conducted, (c) collect (or cause to be collected) its Accounts and all Pledged Loans in the ordinary course of business, (d) maintain all of its Collateral material properties, assets and equipment necessary, used or useful in its Business business in good repair, working order and condition (normal wear and tear excepted and except as may be disposed of in the ordinary course of business and in accordance with the terms of the Loan Documents), (e) from time to time to make all necessary repairs, renewals and replacements thereof, (f) maintain and keep keep, or cause to be maintained and kept, in full force and effect its existence and all material Permits Permits, and qualifications to do business and good standing in its jurisdiction of formation and each other jurisdiction in which the ownership or lease of property or the nature of its Business business makes such Permits or qualification necessary necessary, and in which failure to maintain such Permits or qualification could would reasonably be expected to be, have or result in a Material Adverse Effect, (g) remain in good standing and maintain operations in all jurisdictions in which currently located, except where the failure to remain in good standing or maintain operations would not reasonably be expected to be, have or result in a Material Adverse Effect, and (h) maintain, comply with and keep in full force and effect its existence and all Intellectual Property and Permits (except to the extent no longer deemed necessary for or material to the conduct its Business, except of the businesses of the Credit Parties in each case where the good faith business judgment of the Credit Parties or if the loss or failure to maintain, comply with or keep in full force and effect could maintain the same would not reasonably be expected to be, have or result in a Material Adverse Effect).

Conduct of Business and Maintenance of Existence and Assets. Borrower Each Credit Party shall (a) conduct its Business business in accordance with good business practices customary to its current business practicesindustry, (b) engage principally in the same or similar lines of business substantially as heretofore conducted, (c) collect (or cause to be collected) its Accounts and all Pledged Loans in the ordinary course of business, (d) maintain all of its Collateral material properties, assets and equipment used or useful in its Business business in good repair, working order and condition (normal wear and tear excepted and except as may be disposed of in the ordinary course of business and in accordance with the terms of the Loan Documents), (e) from time to time to make all necessary repairs, renewals and replacements thereof, (f) maintain and keep keep, or cause to be maintained and kept, in full force and effect its existence and all material Permits and qualifications to do business and good standing in its jurisdiction of formation and each other jurisdiction in which the ownership or lease of property or the nature of its Business business makes such Permits or qualification necessary necessary, and in which failure to maintain such Permits or qualification could reasonably be expected to be, have or result in a Material Adverse Effect, ; (g) remain in good standing and maintain operations in all jurisdictions in which currently located, except where the failure to remain in good standing or maintain operations would not reasonably be expected to be, have or result in a Material Adverse Effect, and (h) maintain, comply with and keep in full force and effect its existence and all Intellectual Property and Permits necessary to conduct its Business, except in each case where the Business the loss of which or failure to maintain, comply with or keep in full force and effect maintain could not reasonably be expected to be, have or result in a Material Adverse Effect.

Conduct of Business and Maintenance of Existence and Assets. Borrower shall (a) conduct its Business business in accordance with good business practices customary to its current business practicesindustry, (b) engage principally in the same or similar lines of business substantially as heretofore conducted, (c) collect (or cause to be collected) its Accounts and all Pledged Loans in the ordinary course of business, (d) maintain all of its Collateral material properties, assets and equipment used or useful in its Business business in good repair, working order and condition (normal wear and tear excepted and except as may be disposed of in the ordinary course of business and in accordance with the terms of the Loan Documents), (e) from time to time to make all necessary repairs, renewals and replacements thereof, (f) maintain and keep in full force and effect its existence and all material Permits and qualifications to do business and good standing in its jurisdiction of formation and each other jurisdiction in which the ownership or lease of property or the nature of its Business business makes such Permits or qualification necessary and in which failure to maintain such Permits or qualification could reasonably be expected likely to be, have or result in a Material Adverse Effect, ; (g) remain in good standing and maintain operations in all jurisdictions in which currently located, except where the failure to remain in good standing or maintain operations would could not reasonably be expected to be, have or result in a Material Adverse Effect, and (h) maintain, comply with and keep in full force and effect its existence and all Intellectual Property and Permits necessary to conduct its Business, except in each case where the loss of which or failure to maintain, comply with or keep in full force and effect maintain could not reasonably be expected likely to be, have or result in a Material Adverse Effect.

Conduct of Business and Maintenance of Existence and Assets. Except as otherwise prescribed in any of the Loan Documents (including, without limitation, Sections 7.2 and 7.5 hereof), Borrower shall (a) conduct its Business business in accordance compliance with its current business practicesGoverning Agreement, (b) engage principally in the same or similar lines of business substantially as heretofore conducted, (c) collect (or cause to be collected) its Accounts and all Pledged Loans in the ordinary course of business, (d) maintain all of its Collateral used or useful in its Business business in good repair, working order and condition (normal wear wear, tear and tear obsolescence excepted and except as may be disposed of in the ordinary course of business and in accordance with the terms of the Loan Documents), (ec) from time to time to make all necessary repairs, renewals and replacements thereof, thereof (fexcept for such as are no longer necessary for the conduct of Borrower’s business); (d) maintain and keep in full force and effect its existence and all material Permits and qualifications to do business and good standing in its jurisdiction of formation and each other jurisdiction in which the ownership or lease of property or the nature of its Business business makes such Permits or qualification necessary and in which failure to maintain such Permits or qualification could would reasonably be expected to be, have or result in a Material Adverse Effect, Effect on Borrower; (ge) remain in good standing and maintain operations in all jurisdictions in which currently located, except where the failure to remain in good standing or maintain operations would could not reasonably be expected to be, have or result in a Material Adverse EffectEffect on Borrower, and (hf) maintain, comply with and keep in full force and effect its existence and all Intellectual Property and Permits necessary to conduct its Businessbusiness, except in each case where the failure to maintain, comply with or keep in full force and effect would not reasonably be expected to be, have or result in a Material Adverse Effect on Borrower. Except as otherwise prescribed in any of the Loan Documents (including, without limitation, Sections 7.2 and 7.5 hereof), Borrower shall cause NCI to (a) conduct its business in compliance with its Governing Agreement, (b) maintain all of its property used or useful in its business in good repair, working order and condition (normal wear, tear and obsolescence excepted and except as may be disposed of in the ordinary course of business and in accordance with the terms of the Loan Documents), (c) from time to time to make all necessary repairs, renewals and replacements thereof (except for such as are no longer necessary for the conduct of NCI’s business); (d) maintain and keep in full force and effect its existence all material Permits and qualifications to do business and good standing in its jurisdiction of formation and each other jurisdiction in which the ownership or lease of property or the nature of its business makes such Permits or qualification necessary and in which failure to maintain such Permits or qualification would reasonably be expected to be, have or result in a Material Adverse Effect on NCI; (e) remain in good standing and maintain operations in all jurisdictions in which currently located, except where the failure to remain in good standing or maintain operations could not reasonably be expected to be, have or result in a Material Adverse EffectEffect on NCI, and (f) maintain, comply with and keep in full force and effect its existence and all Intellectual Property necessary to conduct its business, except in each case where the failure to maintain, comply with or keep in full force and effect would not reasonably be expected to be, have or result in a Material Adverse Effect on NCI.

Conduct of Business and Maintenance of Existence and Assets. Borrower shall (a) conduct its Business in accordance with its current business practices, (b) engage principally in the same or similar lines of business substantially as heretofore conducted, (c) collect (or cause to be collected) its Accounts and all Pledged Loans in the ordinary course of business, (d) maintain all of its Collateral used or useful in its Business in good repair, working order and condition (normal wear and tear excepted and except as may be disposed of in the ordinary course of business and in accordance with the terms of the Loan Documents), (e) from time to time to make all necessary repairs, renewals and replacements thereof, (f) maintain and keep in full force and effect its existence and all material Permits and qualifications to do business and good standing in its jurisdiction of formation and each other jurisdiction in which the ownership or lease of property or the nature of its Business makes such Permits or qualification necessary and in which failure to maintain such Permits or qualification could reasonably be expected to be, have or result in a Material Adverse Effect, (g) remain in good standing and maintain operations in all jurisdictions in which currently located, except where the failure to remain in good standing or maintain operations would not reasonably be expected to be, have or result in a Material Adverse Effect, and (h) maintain, comply with and keep in full force and effect its existence and all Intellectual Property and Permits necessary to conduct its Business, except in each case where the failure to maintain, comply with or keep in full force and effect could not reasonably be expected to be, have or result in a Material Adverse Effect.. [Harvest] Loan and Security Agreement (Conformed)