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

Conduct of Business and Maintenance of Existence. 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 existence (except for transactions permitted by Section 6.6(b)) and take all reasonable action to maintain all rights, privileges and franchises necessary or desirable in the normal conduct of its business and comply with all Contractual Obligations and Requirements of Law applicable to it except to the extent that failure to comply with this Section 5.4 could not, in the aggregate, reasonably be expected to have a Material Adverse Effect.

Appears in 4 contracts

Samples: Credit Agreement (Consolidated Graphics Inc /Tx/), Credit Agreement (Consolidated Graphics Inc /Tx/), Credit Agreement (Consolidated Graphics Inc /Tx/)

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Conduct of Business and Maintenance of Existence. Continue to engage in business of the same general type as now conducted by it on the Closing Date (and other businesses ancillary or related thereto) and preserve, renew and keep in full force and effect its corporate existence (except for transactions permitted by Section 6.6(b)) 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; comply with all Contractual Obligations and Requirements of Law applicable to it except to the extent that failure to comply with this Section 5.4 therewith could not, in the aggregate, reasonably be expected to have a Material Adverse Effect.

Appears in 3 contracts

Samples: Credit Agreement and Waiver (Bravo Brio Restaurant Group, Inc.), Credit Agreement (Bravo Brio Restaurant Group, Inc.), Note Purchase Agreement (Bravo Brio Restaurant Group, Inc.)

Conduct of Business and Maintenance of Existence. 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 existence (except for transactions permitted by Section 6.6(b)) and take all reasonable action to maintain all rights, privileges and franchises necessary or desirable in the normal conduct of its business except as otherwise permitted pursuant to Section 6.3 or 6.6 unless the failure to do so could not reasonably be expected to have a Material Adverse Effect; and comply with all Contractual Obligations and Requirements of Law applicable to it except to the extent that failure to comply with this Section 5.4 therewith could not, in the aggregate, be reasonably be expected to have a Material Adverse Effect.

Appears in 3 contracts

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

Conduct of Business and Maintenance of Existence. Continue Except as expressly permitted 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 (except for transactions permitted by Section 6.6(b)) and take 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 material Contractual Obligations and Requirements of Law applicable to it Law, except to the extent that failure to comply with this Section 5.4 take such action could notnot reasonably be expected, either individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Credit Agreement (VOXX International Corp), Credit Agreement (VOXX International Corp)

Conduct of Business and Maintenance of Existence. Continue to engage in business of the same general type as now conducted by it on the Closing Date date hereof and similar or related businesses; except as permitted by Section 8.3, preserve, renew and keep in full force and effect its corporate existence (except for transactions permitted by Section 6.6(b)) and take all reasonable action to maintain all rights, privileges privileges, licenses and franchises necessary or desirable in the normal conduct of its business business; and comply with all Contractual Obligations and Requirements of Law applicable to it except to the extent that failure to comply with this Section 5.4 could therewith would not, in the aggregate, reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Credit Agreement (Access Worldwide Communications Inc), Credit Agreement (C&d Technologies Inc)

Conduct of Business and Maintenance of Existence. Continue Except as expressly permitted 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 (except for transactions permitted by Section 6.6(b)) 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 applicable to it Law, except to where the extent that failure to comply with this Section 5.4 take such actions could notnot reasonably be expected, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Credit Agreement (Primo Water Corp), Credit Agreement (Primo Water Corp)

Conduct of Business and Maintenance of Existence. 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 existence (except for transactions permitted by Section 6.6(b)) and take all reasonable action to maintain all rights, privileges and franchises necessary or desirable in the normal conduct of its business and business, in each case except as otherwise permitted pursuant to Section 6.05 or 6.08; comply with all Contractual Obligations and Requirements of Law applicable to it except to the extent that failure to comply with this Section 5.4 could nottherewith in such respect would not be reasonably likely to, in the aggregate, reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Credit Agreement (National Home Health Care Corp), Credit Agreement (National Home Health Care Corp)

Conduct of Business and Maintenance of Existence. Continue to engage in business of the same general type as now conducted by it on the Closing Date and and, except as may be permitted under subsection 7.3, preserve, renew and keep in full force and effect its corporate existence (except for transactions permitted by Section 6.6(b)) and take all reasonable action to maintain all material rights, privileges privileges, contracts, copyrights, patents, trademarks, tradenames and franchises necessary or desirable in the normal conduct of its business business; and comply with all of its Contractual Obligations and Requirements of Law applicable to it except to the extent that the failure to comply with this Section 5.4 therewith could not, in the aggregate, reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Scotts Company)

Conduct of Business and Maintenance of Existence. Continue to engage in business of the same general type as now conducted by it on the Closing Date Borrower and its Restricted Subsidiaries and preserve, renew and keep in full force and effect its corporate existence (except for transactions permitted by Section 6.6(b)) and take all reasonable action to maintain all material rights, privileges and franchises necessary or desirable in the normal conduct of its business and except as otherwise permitted pursuant to Section 7.05; comply with all Contractual Obligations and Requirements of Law applicable to it except to the extent that failure to comply with this Section 5.4 therewith could not, in the aggregate, be reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Westwood One Inc /De/)

Conduct of Business and Maintenance of Existence. Continue to engage in business of the same general type (i.e., textiles and apparel) as now conducted by it on the Closing Date and preserve, renew and keep in full force and effect its corporate existence (except for transactions permitted by Section 6.6(b)) and take all reasonable action to maintain all rights, privileges and franchises necessary or desirable in the normal conduct of its business and business; comply with all Contractual Obligations and Requirements of Law applicable to it except to the extent that failure to comply with this Section 5.4 therewith could not, in the aggregate, reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Dan River Inc /Ga/)

Conduct of Business and Maintenance of Existence. Continue to engage in business of the same general type as now conducted by it on the Closing Date and and, except as may be permitted under subsection 7.3, preserve, renew and keep in full force and effect its corporate existence (except for transactions permitted by Section 6.6(b)) and take all reasonable action to maintain all rights, privileges privileges, contracts, copyrights, patents, trademarks, tradenames and franchises necessary or desirable in the normal conduct of its business business; and comply with all of its Contractual Obligations and Requirements of Law applicable to it except to the extent that the failure to comply with this Section 5.4 therewith could not, in the aggregate, reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Scotts Company)

Conduct of Business and Maintenance of Existence. Continue to engage in business of the same general type as now conducted by it on the Closing Date and businesses related or complementary thereto or reasonable extensions thereof, preserve, renew and keep in full force and effect its corporate existence (except for transactions permitted by Section 6.6(b)) and good standing and take all reasonable action to maintain all material rights, privileges and franchises necessary or desirable in the normal conduct of its business and business; comply with all Contractual Obligations and Requirements of Law applicable to it except to the extent that failure to comply with this Section 5.4 therewith could not, in the aggregate, reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Mortons Restaurant Group Inc)

Conduct of Business and Maintenance of Existence. Continue to engage in business of the same general type as now conducted by it on the Closing Date date hereof and similar or related businesses; except as permitted by Section 8.4(b), preserve, renew and keep in full force and effect its corporate existence (except for transactions permitted by Section 6.6(b)) and take all reasonable action to maintain all rights, privileges privileges, licenses and franchises necessary or desirable in the normal conduct of its business business; and comply with all Contractual Obligations and Requirements of Law applicable to it except to the extent that failure to comply with this Section 5.4 could therewith would not, in the aggregate, reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Navigant International Inc)

Conduct of Business and Maintenance of Existence. Continue Except as permitted by subsection 6.4, continue to engage in business the Business of the same general type as now conducted by it on the Closing Date Company, and preserve, renew and keep in full force and effect its corporate existence (except for transactions permitted by Section 6.6(b)) and take all reasonable action to maintain all rights, privileges and franchises necessary neces- sary or desirable in the normal conduct of its business business; and comply with all Contractual Obligations and Requirements of Law applicable to it including, without limitation, ERISA and all Environmental Laws and Regulations except to the extent that the failure to comply with this Section 5.4 could therewith would not, in the aggregate, reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Nortek Inc)

Conduct of Business and Maintenance of Existence. Continue to engage in business of substantially the same general type as now conducted by it on the Closing Date it, taken as a whole, and preserve, renew and keep in full force and effect its corporate existence (except for transactions permitted by Section 6.6(b)) and take all such 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 subsection 6.4; comply with all Contractual Obligations and Requirements of Law applicable to it except to the extent that failure to comply with this Section 5.4 could therewith would not, in the aggregate, reasonably be expected to have a Material Adverse Effectmaterial adverse effect on the ability of the Company to perform its obligations under this Agreement or the Notes.

Appears in 1 contract

Samples: Credit Agreement (First Data Corp)

Conduct of Business and Maintenance of Existence. Continue to (a) engage in business businesses of the same general type as now conducted by it the businesses in which the Company and its Subsidiaries are engaged on the Closing Date date hereof and (b) preserve, renew and keep in full force and effect its corporate existence (except for transactions permitted by Section 6.6(b)) and 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 Section 8.5; comply with all Contractual Obligations and Requirements of Law applicable to it except to the extent that failure to comply with this Section 5.4 therewith could not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Juno Lighting Inc)

Conduct of Business and Maintenance of Existence. 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 existence (except for transactions permitted by Section 6.6(b)) and take all reasonable action to maintain all rights, privileges and franchises necessary or desirable in the normal conduct of its business business, except as otherwise permitted pursuant to Section 7.5, and comply with all Contractual Obligations and Obligations, Requirements of Law applicable to it and its Governing Documents, except to the extent that failure to comply with this Section 5.4 therewith could not, in the aggregate, be reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Assignment and Acceptance Agreement (Verasun Energy Corp)

Conduct of Business and Maintenance of Existence. 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 existence (except for transactions permitted by Section 6.6(b)) and take all reasonable action to maintain all rights, privileges and franchises necessary or (in the reasonable judgment of the Borrower) desirable in the normal conduct of its business and except as otherwise permitted pursuant to subsection 7.13; comply with all Contractual Obligations and Requirements of Law applicable to it except to the extent that failure to comply with this Section 5.4 therewith could not, in the aggregate, be reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Zaring National Corp)

Conduct of Business and Maintenance of Existence. Continue to engage in business of the same general type as now conducted by it on the Closing Date and and, except as permitted by Section 6.4, preserve, renew and keep in full force and effect its corporate existence (except for transactions permitted by Section 6.6(b)) and take all reasonable action to maintain all rights, privileges and franchises necessary or desirable in the normal conduct of its business and business; comply with all Contractual Obligations and Requirements of Law applicable to it except to the extent that failure to comply with this Section 5.4 therewith could not, in the aggregate, reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Neighborcare Inc)

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Conduct of Business and Maintenance of Existence. Continue to engage in business of the same general type as now conducted by it on immediately subsequent to the Closing Date purchase of the Assets, and preserve, renew and keep in full force and effect its corporate limited liability company existence (except for transactions permitted by Section 6.6(b)) and take all reasonable action to maintain all rights, privileges and franchises necessary or (in the reasonable judgment of the Borrower) desirable in the normal conduct of its business business; and comply with all Contractual Obligations and Requirements of Law applicable to it except to the extent that failure to comply with this Section 5.4 therewith could not, in the aggregate, be reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan Agreement (Commercial Net Lease Realty Inc)

Conduct of Business and Maintenance of Existence. Continue to engage in business of the same general type as now conducted by it on the Closing Date Date, except as permitted under Section 6.5, and preserve, renew and keep in full force and effect its corporate existence (except for transactions permitted by Section 6.6(b)) and good standing; take all reasonable action to maintain all material rights, material privileges and material franchises necessary or desirable in the normal conduct of its business and to maintain its goodwill; comply with all Contractual Obligations and Requirements of Law applicable to it except to the extent that failure to comply with this Section 5.4 therewith could not, in the aggregate, reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: 000 Credit Agreement (Juno Lighting Inc)

Conduct of Business and Maintenance of Existence. 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 existence (except for transactions permitted by Section 6.6(b)) and 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 Section 6.5; comply with all Contractual Obligations (including, without limitation, all Management Agreements and Franchise Agreement) and Requirements of Law applicable to it except to the extent that failure to comply with this Section 5.4 therewith could not, in the aggregate, be reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Capstar Hotel Co)

Conduct of Business and Maintenance of Existence. 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 existence (except for transactions permitted by Section 6.6(b)) and take all reasonable action to maintain all rights, privileges and franchises necessary or (in the reasonable judgment of the Borrower) desirable in the normal conduct of its business and except as otherwise permitted pursuant to subsection 7.13; comply with all Contractual Obligations and Requirements of Law applicable to it except to the extent that failure to comply with this Section 5.4 therewith could not, in the aggregate, be reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Zaring National Corp)

Conduct of Business and Maintenance of Existence. 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 existence (except for transactions permitted by Section 6.6(b6.5(b)) and take all reasonable action to maintain all rights, privileges and franchises necessary or desirable in the normal conduct of its business and comply with all Contractual Obligations and Requirements of Law applicable to it except to the extent that failure to comply with this Section 5.4 could not, in the aggregate, reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Consolidated Graphics Inc /Tx/)

Conduct of Business and Maintenance of Existence. Continue to engage in business of the same general type as now conducted by it on the Closing Date date hereof and similar or related businesses (including, without limitation, repair facilities) with, and preserve, renew and keep in full force and effect its corporate existence (except for transactions permitted by Section 6.6(b)) and take all reasonable action to maintain all rights, privileges privileges, licenses and franchises necessary or desirable in the normal conduct of its business and business; comply with all Contractual Obligations and Requirements of Law applicable to it except to the extent that failure to comply with this Section 5.4 could therewith would not, in the aggregate, reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Avteam Inc)

Conduct of Business and Maintenance of Existence. 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 and each Subsidiary's corporate existence (except for transactions permitted by Section 6.6(b)) and take all reasonable action to maintain all rights, privileges and franchises necessary or desirable in the normal conduct material to its and those of each of its Subsidiaries' business except as otherwise permitted pursuant to Section 8.4 and comply and cause each of its Subsidiaries to comply with all Contractual Obligations and Requirements of Law applicable to it except to the extent that failure to comply with this Section 5.4 could not, therewith would not in the aggregate, aggregate reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Gaylord Container Corp /De/)

Conduct of Business and Maintenance of Existence. Continue to engage in business of the same general type as now conducted by it on the Closing Date it, and preserve, renew and keep in full force and effect its corporate existence (except for transactions permitted by Section 6.6(b)) and take all reasonable action to maintain all rights, privileges and franchises necessary or desirable (in the reasonable judgment of the Borrower) in the normal conduct of its business and except as otherwise permitted pursuant to subsection 8.5; comply with all Contractual Obligations and Requirements of Law applicable to it except to the extent that failure to comply with this Section 5.4 therewith could not, in the aggregate, be reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Tefron LTD)

Conduct of Business and Maintenance of Existence. Continue to engage in business of the same general type as now conducted by it on the Closing Date (and other businesses ancillary or related thereto) and preserve, renew and keep in full force and effect its corporate existence (except for transactions permitted by Section 6.6(b)) 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; comply with all Contractual Obligations and Requirements of Law applicable to it except to the extent 77 that failure to comply with this Section 5.4 therewith could not, in the aggregate, reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Bravo Brio Restaurant Group, Inc.)

Conduct of Business and Maintenance of Existence. 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 existence (except for transactions permitted by Section 6.6(b)) and take all reasonable action to maintain all rights, privileges and franchises necessary or desirable in the normal conduct of its business and comply in all material respects with all Contractual Obligations and Requirements of Law applicable to it (including, without limitation, the Federal Acquisition Regulations (48 CFR Chapters 1 through 63)) except to where the extent that failure to comply with this Section 5.4 6.5 could not, in the aggregate, not reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Revolving Credit Agreement (Avondale Industries Inc)

Conduct of Business and Maintenance of Existence. Continue to engage in business of the same general type as now conducted by it on the Closing Date and Company with respect to the business currently conducted, preserve, renew and keep in full force and effect its corporate existence (except for transactions permitted by Section 6.6(b)) and take all reasonable action to maintain all rights, privileges and franchises necessary or desirable in the normal conduct of its business business; and comply with all Contractual Obligations and material applicable Requirements of Law applicable to it and all of its obligations (allowing for any grace period granted therein) except to the extent that the failure to comply with this Section 5.4 could therewith would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Securities Purchase Agreement (Comprehensive Care Corp)

Conduct of Business and Maintenance of Existence. 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 existence (except for transactions permitted by Section 6.6(b)) and take all reasonable action to maintain all rights, privileges and franchises necessary or desirable in the normal conduct of its business business; and comply with all Contractual Obligations and Requirements of Law applicable to it except it; except, in each case, (x) as otherwise permitted under this Agreement or any other Credit Document or (y) to the extent that failure to comply with this Section 5.4 therewith could not, in the aggregate, reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Medsource Technologies Inc)

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