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

Conduct of Business and Maintenance of Existence. Except as permitted by Section 6.4, continue to engage in business of the same general type as now conducted by it on the Closing Date and preserve, renew and keep in full force and effect its corporate or other formative existence and good standing, take all reasonable action to maintain all rights, privileges and franchises necessary or desirable in the normal conduct of its business and to maintain its goodwill and comply with all contractual obligations and Requirements of Law.

Appears in 6 contracts

Samples: Credit Agreement (Osi Systems Inc), Credit Agreement (Osi Systems Inc), Credit Agreement (Osi Systems Inc)

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Conduct of Business and Maintenance of Existence. Except as permitted by Section 6.4, continue Continue to engage in business of the same general type as now conducted by it on the Closing Date and preserve, renew and keep in full force and effect its corporate or other formative existence and good standing, standing take all reasonable action to maintain all rights, privileges and franchises necessary or desirable in the normal conduct of its business and to maintain its goodwill and business; comply with all contractual obligations Contractual Obligations and Requirements of LawLaw applicable to it except to the extent that failure to comply therewith could not, in the aggregate, reasonably be expected to have a Material Adverse Effect.

Appears in 5 contracts

Samples: Credit Agreement (Gencorp Inc), Credit Agreement (Gencorp Inc), Credit Agreement (Gencorp Inc)

Conduct of Business and Maintenance of Existence. Except as expressly permitted by under Section 6.4, continue to engage in business of the same general type as now conducted by it on the Closing Date and preserve, renew and keep in full force and effect its corporate or other formative existence and good standing, take all reasonable action to maintain all rights, privileges and franchises necessary or desirable in the normal conduct of its business and to maintain its goodwill and comply in all material respects with all contractual obligations and Requirements of Law.

Appears in 5 contracts

Samples: Credit Agreement (Carrols Restaurant Group, Inc.), Credit Agreement (Fiesta Restaurant Group, Inc.), Credit Agreement (Carrols Restaurant Group, Inc.)

Conduct of Business and Maintenance of Existence. Except as expressly permitted by Section under Sections 6.3 and 6.4, continue to engage in business of the same general type as now conducted by it on the Closing Date and preserve, renew and keep in full force and effect its corporate or other formative existence and good standing, take all reasonable action to maintain all rights, privileges and franchises necessary or desirable in the normal conduct of its business and to maintain its goodwill and comply with all contractual obligations Contractual Obligations and Requirements of Law.

Appears in 4 contracts

Samples: Credit Agreement and Consent (CrossAmerica Partners LP), Credit Agreement (Lehigh Gas Partners LP), Credit Agreement (CrossAmerica Partners LP)

Conduct of Business and Maintenance of Existence. Except as otherwise permitted by Section 6.48.4, continue to engage in business of the same general type as now conducted by it on the Closing Date date hereof and preserve, renew and keep in full force and effect its corporate or other formative existence and good standing, take all reasonable action to maintain all rights, privileges and franchises necessary or desirable in the normal conduct of its business and to maintain its goodwill and business; comply with all contractual obligations Contractual Obligations and Requirements of LawLaw applicable to it except to the extent that failure to comply therewith would not, in the aggregate, have a Material Adverse Effect.

Appears in 4 contracts

Samples: Credit Agreement (Lacrosse Footwear Inc), Credit Agreement (C2 Inc), Credit Agreement (Oshkosh Truck Corp)

Conduct of Business and Maintenance of Existence. Except as permitted by Section 6.4, continue Continue to engage in business of the same general type as now conducted by it on the Closing Date and preserve, renew and keep in full force and effect its corporate or other formative existence and good standing, take all reasonable action to maintain all rights, privileges privileges, licenses and franchises necessary necessary, required or desirable in the normal conduct of its business and to maintain its goodwill and comply with all contractual obligations Contractual Obligations and Requirements of Law.

Appears in 4 contracts

Samples: Credit Agreement (Arbor Realty Trust Inc), Credit Agreement (Arbor Realty Trust Inc), Credit Agreement (CapLease, Inc.)

Conduct of Business and Maintenance of Existence. Except as permitted by Section 6.4, continue Continue to engage in business of the same general type as now conducted by it on the Closing Date and preserve, renew and keep in full force and effect its corporate or other formative existence and good standing, take all reasonable action to maintain all rights, privileges and franchises necessary or desirable in the normal conduct of its business and to maintain its goodwill and comply with all contractual obligations and Requirements of Law.

Appears in 3 contracts

Samples: Credit Agreement (Osi Systems Inc), Credit Agreement (Osi Systems Inc), Credit Agreement (Osi Systems Inc)

Conduct of Business and Maintenance of Existence. Except as permitted by Section 6.4, continue Continue to engage in business of the same general type as now conducted by it on the Closing Date and preserve, renew and keep in full force and effect its corporate or other formative existence and good standing, take all reasonable action to maintain all rights, privileges and franchises (including all necessary Casino Licenses) necessary or desirable in the normal conduct of its business and to maintain its goodwill and comply with all contractual obligations and Requirements of Law.

Appears in 3 contracts

Samples: Credit Agreement (Riviera Holdings Corp), Credit Agreement (Riviera Holdings Corp), Credit Agreement (Riviera Holdings Corp)

Conduct of Business and Maintenance of Existence. Except as expressly permitted by under Section 6.4, continue to engage in business of the same general type as now conducted by it on the Closing Date and preserve, renew and keep in full force and effect its corporate or other formative existence and good standing, take all reasonable action to maintain all rights, privileges and franchises necessary or desirable in the normal conduct of its business and to maintain its goodwill and comply with all contractual obligations Contractual Obligations and Requirements of Law.

Appears in 3 contracts

Samples: Credit Agreement (Ani Pharmaceuticals Inc), Credit Agreement (Ani Pharmaceuticals Inc), Credit Agreement (Ani Pharmaceuticals Inc)

Conduct of Business and Maintenance of Existence. Except as permitted by Section 6.4, continue Continue to engage in business of the same general type as now conducted by it on the Closing Date and preserve, renew and keep in full force and effect its corporate or other formative existence and good standing, take all reasonable action to maintain all rights, privileges and franchises necessary or desirable in the normal conduct of its business and except as otherwise permitted pursuant to maintain its goodwill and Section 6.4; comply with all contractual obligations Contractual Obligations and Requirements of LawLaw except to the extent that failure to comply therewith would not, in the aggregate, be reasonably expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Credit Agreement (Rockefeller Center Properties Inc), Credit Agreement (Rcpi Trust /De/)

Conduct of Business and Maintenance of Existence. Except as permitted by Section 6.4, continue Continue to engage principally in business the businesses of the same general type as now conducted by it on the Closing Date and preserve, renew and keep in full force and effect its corporate or other formative existence and good standing, take all reasonable action to maintain all rights, privileges privileges, licenses and franchises necessary or desirable as determined in the normal conduct of its business and to maintain its goodwill and comply in all material respects with all contractual obligations material Contractual Obligations and Requirements of Law.

Appears in 2 contracts

Samples: Guaranty and Security Agreement (Suprema Specialties Inc), Guaranty and Security Agreement (Suprema Specialties Inc)

Conduct of Business and Maintenance of Existence. Except as permitted by Section 6.4, continue (a) Continue to engage in business of the same general type as now conducted by it on the Closing Date and similar or related businesses and preserve, renew and keep in full force and effect its corporate or other formative existence and good standing, take all reasonable action to maintain all rights, privileges and franchises necessary or desirable in the normal conduct of its business and to maintain its goodwill and comply with all contractual obligations and Requirements of Law.

Appears in 2 contracts

Samples: Credit Agreement (Horizon Lines, Inc.), Horizon Lines, Inc.

Conduct of Business and Maintenance of Existence. Except as expressly permitted by under Section 6.46.04, continue to engage in business of the same general type as now conducted by it on the Closing Effective Date and preserve, renew and keep in full force and effect its corporate or other formative existence and good standing, take all reasonable action to maintain all rights, privileges and franchises necessary or desirable in the normal conduct of its business and to maintain its goodwill and comply in all material respects with all contractual obligations and Requirements of Law.

Appears in 2 contracts

Samples: Credit Agreement (Fiesta Restaurant Group, Inc.), Credit Agreement (Fiesta Restaurant Group, Inc.)

Conduct of Business and Maintenance of Existence. Except as permitted by Section 6.4, continue Continue to engage in business of the same general type as now conducted by it on the Closing Date and preserve, renew and keep in full force and effect its corporate or other formative existence and good standing, take all reasonable action to maintain all rights, privileges privileges, licenses and franchises necessary or desirable in the normal conduct of its business and except as otherwise expressly permitted pursuant to maintain its goodwill and comply with all contractual obligations and Requirements of LawSection 7.5.

Appears in 2 contracts

Samples: Credit Agreement (BCP/Essex Holdings Inc), Credit Agreement (Essex International Inc /)

Conduct of Business and Maintenance of Existence. Except as otherwise permitted by Section 6.4Sections 8.3 and 8.4, continue to engage in business of the same general type as now conducted by it on the Closing Date date hereof and preserve, renew and keep in full force and effect its corporate or other formative existence and good standing, take all reasonable action to maintain all material rights, privileges and franchises necessary or desirable in the normal conduct of its business and to maintain its goodwill and business; comply with all contractual obligations Contractual Obligations and Requirements of LawLaw applicable to it except to the extent that failure to comply therewith would not, in the aggregate, have a Material Adverse Effect.

Appears in 2 contracts

Samples: Credit Agreement (Journal Media Group, Inc.), Credit Agreement (Journal Communications Inc)

Conduct of Business and Maintenance of Existence. Except as permitted by Section 6.4, continue Continue to engage in business of the same general type as now conducted by it on the Closing Date and preserve, renew and keep in full force and effect its corporate or other formative existence and good standing, take all reasonable action to maintain all rights, privileges and franchises necessary or desirable in the normal conduct of its business and to maintain its goodwill and business; comply with all contractual obligations and Requirements of LawLaw applicable to it except to the extent that failure to comply therewith could not, in the aggregate, reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (MPS Group Inc)

Conduct of Business and Maintenance of Existence. Except as permitted by Section 6.4, continue Continue to engage in business Business of the same general type as now conducted by it on the Closing Date or permitted by Section 6.14 and preserve, renew and keep in full force and effect its corporate or other formative existence and good standing, take all reasonable action to maintain all rights, privileges and franchises necessary or desirable in the normal conduct of its business and Business except as otherwise permitted pursuant to maintain its goodwill Section 6.4; and comply with all contractual obligations Contractual Obligations and Requirements of LawLaw except to the extent that failure to comply therewith could not, in the aggregate, have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan Agreement (Cynet Inc)

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Conduct of Business and Maintenance of Existence. Except as expressly permitted by under Section 6.4, continue to engage in business of the same general type as now conducted by it on the Closing Date and preserve, renew and keep in full force and effect its corporate or other formative existence and good standing, take all reasonable action to maintain all rights, privileges and franchises necessary or desirable in the normal conduct of its business and to maintain its goodwill and comply with all contractual obligations Material Contracts and Requirements of Law, except where the failure to do so could not reasonably be expected to result in a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Impax Laboratories Inc)

Conduct of Business and Maintenance of Existence. Except as otherwise permitted by Section 6.47.3, continue to engage in business of the same general type as now conducted by it on the Closing Date date hereof and preserve, renew and keep in full force and effect its corporate or other formative entity existence and good standing, take all reasonable action to maintain all rights, privileges and franchises necessary or desirable in the normal conduct of its business and to maintain its goodwill and business; comply with all contractual obligations and Requirements of LawLaw applicable to it except to the extent that failure to comply therewith would not, in the aggregate, have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan Agreement (Caraco Pharmaceutical Laboratories LTD)

Conduct of Business and Maintenance of Existence. Except as expressly permitted by under Section 6.4, continue to engage in business of the same general type as now conducted by it on the Closing Date and preserve, renew and keep in full force and effect its corporate or other formative existence and good standing, take all reasonable action to maintain all material rights, privileges and franchises necessary or desirable in the normal conduct of its business and to maintain its goodwill and comply with all contractual obligations Contractual Obligations and Requirements of Law.

Appears in 1 contract

Samples: Credit Agreement (Infospace Inc)

Conduct of Business and Maintenance of Existence. Except as permitted by Section 6.4, continue Continue to engage in business of the same general type as now conducted by it on the Closing Date and preserve, renew and keep in full force and effect its corporate or other formative existence and good standing, take all reasonable action to maintain all rights, privileges and franchises necessary or desirable in the normal conduct of its business and except as otherwise permitted pursuant to maintain its goodwill and Section 7.5; comply with all contractual obligations Contractual Obligations and Requirements of Law.Law except to the extent that failure to comply therewith could not, in the aggregate, have a Material Adverse Effect. 6.5

Appears in 1 contract

Samples: Credit Agreement (International Airline Support Group Inc)

Conduct of Business and Maintenance of Existence. Except as otherwise permitted by Section 6.49.4, continue to engage in business of the same general type as now conducted by it on the Closing Date date hereof and preserve, renew and keep in full force and effect its corporate or other formative existence and good standing, take all reasonable action to maintain all rights, privileges and franchises necessary or desirable in the normal conduct of its business and to maintain its goodwill and business; comply with all contractual obligations Contractual Obligations and Requirements of LawLaw applicable to it except to the extent that failure to comply therewith would not, in the aggregate, have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (C2 Inc)

Conduct of Business and Maintenance of Existence. Except as otherwise permitted by Section 6.47.4, continue to engage in business of the same general type as now conducted by it on the Closing Date date hereof and preserve, renew and keep in full force and effect its corporate or other formative existence and good standing, take all reasonable action to maintain all rights, privileges and franchises necessary or desirable in the normal conduct of its business and to maintain its goodwill and business; comply with all contractual obligations Contractual Obligations and Requirements of LawLaw applicable to it except to the extent that failure to comply therewith would not, in the aggregate, have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Exx Inc/Nv/)

Conduct of Business and Maintenance of Existence. Except as otherwise permitted by Section 6.47.4 or described on Schedule 6.3, continue to engage in business of the same general type as now conducted by it on the Closing Date date hereof and preserve, renew and keep in full force and effect its corporate or other formative existence and good standing, take all reasonable action to maintain all rights, privileges and franchises necessary or desirable in the normal conduct of its business and to maintain its goodwill and business; comply with all contractual obligations Contractual Obligations and Requirements of LawLaw applicable to it except to the extent that failure to comply therewith would not, in the aggregate, have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Lacrosse Footwear Inc)

Conduct of Business and Maintenance of Existence. Except as permitted by provided in Section 6.46.5, continue to engage in business of the same general type as now conducted by it on the Closing Date and preserve, renew and keep in full force and effect its corporate or other formative existence and good standing, take all reasonable action to maintain all rights, privileges and franchises necessary or desirable in the normal conduct of its business and to maintain its goodwill and business; comply with all contractual obligations Contractual Obligations and Requirements of LawLaw applicable to it except to the extent that failure to comply therewith could not, in the aggregate, reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (TTM Technologies Inc)

Conduct of Business and Maintenance of Existence. Except as permitted by Section 6.4, continue Continue to engage in business of the same general type as now conducted by it on the Closing Date and preserve, renew and keep in full force and effect its corporate or other formative existence and good standing, take all reasonable action to maintain all rights, privileges and franchises necessary or desirable in the normal conduct of its business and to maintain its goodwill and comply in all material respects with all contractual obligations and Requirements of Law.

Appears in 1 contract

Samples: Credit Agreement (Capital Lease Funding Inc)

Conduct of Business and Maintenance of Existence. Except as permitted by Section 6.4, continue Continue to engage in business of the same similar general type as now conducted by it on the Closing Date and preserve, renew and keep in full force and effect its corporate or other formative existence and good standing, take all reasonable action to maintain all rights, privileges privileges, licenses and franchises necessary necessary, required or desirable in the normal conduct of its business and to maintain its goodwill and comply with all contractual obligations Contractual Obligations and Requirements of Law.

Appears in 1 contract

Samples: Credit Agreement (Northstar Realty)

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