Common use of Continued Existence Clause in Contracts

Continued Existence. Subject to Article 5 hereof, the Company shall do or cause to be done all things necessary to preserve and keep in full force and effect (i) its corporate existence, and the corporate, partnership or other existence of each of its Restricted Subsidiaries, in accordance with the respective organizational documents (as the same may be amended from time to time) of the Company or any such Restricted Subsidiary and (ii) the rights (charter and statutory), licenses and franchises of the Company and any of its Restrictive Subsidiaries; provided, however, that the Company shall not be required to preserve any such right, license or franchise, or the corporate, partnership or other existence of any of its Restricted Subsidiaries, if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and its Restricted Subsidiaries, taken as a whole, and that the loss thereof is not adverse in any material respect to the Holders of the Notes.

Appears in 7 contracts

Samples: Indenture (Pegasus Satellite Communications Inc), Indenture (Pegasus Communications Corp), Indenture (Pegasus Communications Corp)

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Continued Existence. Subject to Article 5 hereof, the Company shall do or cause to be done all things necessary to preserve and keep in full force and effect (i) its corporate existenceexistence as a corporation, and the corporate, partnership or other existence of each of its Restricted Significant Subsidiaries, in accordance with the respective organizational documents (as the same may be amended from time to time) of the Company or any such Restricted Significant Subsidiary and (ii) the rights (charter and statutory), licenses and franchises of the Company and any of its Restrictive Significant Subsidiaries; providedPROVIDED, howeverHOWEVER, that the Company shall not be required to preserve any such right, license or franchise, or the corporate, partnership or other existence of any of its Restricted Significant Subsidiaries, if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and its Restricted Significant Subsidiaries, taken as a whole, and that the loss thereof is not adverse in any material respect to the Holders of the NotesSecurities.

Appears in 5 contracts

Samples: Senior Indenture (Harleysville Group Inc), Harleysville Group Inc, Harleysville Group Inc

Continued Existence. Subject to Article 5 hereof, the Company shall do or cause to be done all things necessary to preserve and keep in full force and effect (i) its corporate existence, and the corporate, partnership or other existence of each of its Restricted Significant Subsidiaries, in accordance with the respective organizational documents (as the same may be amended from time to time) of the Company or any such Restricted Significant Subsidiary and (ii) the rights (charter and statutory), licenses and franchises of the Company and any of its Restrictive Significant Subsidiaries; provided, however, that the Company shall not be required to preserve any such right, license or franchise, or the corporate, partnership or other existence of any of its Restricted Significant Subsidiaries, if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and its Restricted Significant Subsidiaries, taken as a whole, and that the loss thereof is not adverse in any material respect to the Holders of the NotesSecurities.

Appears in 5 contracts

Samples: Kulicke and Soffa (Kulicke & Soffa Industries Inc), Kulicke and Soffa (Kulicke & Soffa Industries Inc), Indenture (Annuity & Life Re Holdings LTD)

Continued Existence. Subject to Article 5 hereof, the Company shall do or cause to be done all things necessary to preserve and keep in full force and effect (i) its corporate existence, and the corporate, partnership or other existence of each of its Restricted Significant Subsidiaries, in accordance with the respective organizational documents (as the same may be amended from time to time) of the Company or any such Restricted Significant Subsidiary and (ii) the rights (charter and statutory), licenses and franchises of the Company and any of its Restrictive Subsidiaries; provided, however, that the Company shall not be required to preserve any such right, license or franchise, or the corporate, partnership or other existence of any of its Restricted Significant Subsidiaries, if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and its Restricted Significant Subsidiaries, taken as a whole, and that the loss thereof is not adverse in any material respect to the Holders of the NotesSecurities.

Appears in 4 contracts

Samples: Pegasus Communications Corp, Pegasus Communications Corp, Pegasus Communications Corp

Continued Existence. Subject to Article 5 hereof, the Company shall do or cause to be done all things necessary to preserve and keep in full force and effect (i) its corporate existenceexistence as a business trust, and the corporate, partnership or other existence of each of its Restricted Significant Subsidiaries, in accordance with the respective organizational documents (as the same may be amended from time to time) of the Company or any such Restricted Significant Subsidiary and (ii) the rights (charter and statutory), licenses and franchises of the Company and any of its Restrictive Significant Subsidiaries; provided, however, that the Company shall not be required to preserve any such right, license or franchise, or the corporate, partnership or other existence of any of its Restricted Significant Subsidiaries, if the Board of Directors Trustees shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and its Restricted Significant Subsidiaries, taken as a whole, and that the loss thereof is not adverse in any material respect to the Holders of the NotesSecurities.

Appears in 3 contracts

Samples: Pennsylvania Real Estate Investment Trust, Pennsylvania Real Estate Investment Trust, Pennsylvania Real Estate Investment Trust

Continued Existence. Subject to Article 5 hereof, the Company shall do or cause to be done all things necessary to preserve and keep in full force and effect (i) its corporate existence, and the corporate, partnership or other existence of each of its Restricted Significant Subsidiaries, in accordance with the respective organizational documents (as the same may be amended from time to time) of the Company or any such Restricted Significant Subsidiary and (ii) the rights (charter and statutory), licenses and franchises of the Company and any of its Restrictive Significant Subsidiaries; providedPROVIDED, howeverHOWEVER, that the Company shall not be required to preserve any such right, license or franchise, or the corporate, partnership or other existence of any of its Restricted Significant Subsidiaries, if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and its Restricted Significant Subsidiaries, taken as a whole, and that the loss thereof is not adverse in any material respect to the Holders of the NotesSecurities.

Appears in 2 contracts

Samples: Harleysville Group Inc, Rli Corp

Continued Existence. Subject to Article 5 hereof, the Company shall do or cause to be done all things necessary to preserve and keep in full force and effect (i) its corporate existenceexistence as a corporation or other permitted entity, and the corporate, partnership or other existence of each of its Restricted Significant Subsidiaries, in accordance with the respective organizational documents (as the same may be amended from time to time) of the Company or any such Restricted Significant Subsidiary and (ii) the rights (charter and statutory), licenses and franchises of the Company and any of its Restrictive Significant Subsidiaries; provided, however, that the Company shall not be required to preserve any such right, license or franchise, or the corporate, partnership or other existence of any of its Restricted Significant Subsidiaries, if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and its Restricted Significant Subsidiaries, taken as a whole, and that the loss thereof is not adverse in any material respect to the Holders of the NotesSecurities.

Appears in 2 contracts

Samples: Indenture (PRGX Global, Inc.), PRGX Global, Inc.

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Continued Existence. Subject to Article 5 hereof, the Company shall do or cause to be done all things necessary to preserve and keep in full force and effect (i) its corporate corporate, partnership, limited liability company or other existence, and the corporate, partnership partnership, limited liability company or other existence of each of its Restricted Subsidiaries, in accordance with the respective organizational documents (as the same may be amended from time to time) of the Company or any such Restricted Subsidiary and (ii) the rights (charter and statutory), licenses and franchises of the Company and any of its Restrictive respective Subsidiaries; provided, however, that the Company shall not be required to preserve any such right, license or franchise, or the corporate, partnership or other existence of any of its Restricted Subsidiaries, if the respective Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and its Restricted Subsidiaries, taken as a whole, and that the loss thereof is not adverse in any material respect to the Holders of the NotesSecurities.

Appears in 2 contracts

Samples: SFX Broadcasting (SFX Broadcasting Inc), Indenture (SFX Broadcasting Inc)

Continued Existence. Subject to Article 5 hereof, the Company shall do or cause to be done all things necessary to preserve and keep in full force and effect (i) its corporate existenceexistence as a corporation or other permitted entity, and the corporate, partnership or other existence of each of its Restricted Significant Subsidiaries, in accordance with the respective organizational documents (as the same may be amended from time to time) of the Company or any such Restricted Significant Subsidiary and (ii) the rights (charter and statutory), licenses and franchises of the Company and any of its Restrictive Significant Subsidiaries; providedPROVIDED, howeverHOWEVER, that the Company shall not be required to preserve any such right, license or franchise, or the corporate, partnership or other existence of any of its Restricted Significant Subsidiaries, if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and its Restricted Significant Subsidiaries, taken as a whole, and that the loss thereof is not adverse in any material respect to the Holders of the NotesSecurities.

Appears in 2 contracts

Samples: Navigators Group Inc, Navigators Group Inc

Continued Existence. Subject to Article 5 hereof, the Company shall do or cause to be done all things necessary to preserve and keep in full force and effect (i) its corporate existenceexistence as a corporation or other permitted entity, and the corporate, partnership or other existence of each of its Restricted Significant Subsidiaries, in accordance with the respective organizational documents (as the same may be amended from time to time) of the Company or any such Restricted Significant Subsidiary and (iiand(ii) the rights (charter and statutory), licenses and franchises of the Company and any of its Restrictive Significant Subsidiaries; providedPROVIDED, howeverHOWEVER, that the Company shall not be required to preserve any such right, license or franchise, or the corporate, partnership or other existence of any of its Restricted Significant Subsidiaries, if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and its Restricted Significant Subsidiaries, taken as a whole, and that the loss thereof is not adverse in any material respect to the Holders of the NotesSecurities.

Appears in 1 contract

Samples: Senior Indenture (Navigators Group Inc)

Continued Existence. Subject to Except as otherwise permitted by Article 5 hereofFour, Article Five and Section 4.16, the Company shall do or cause to be done all things necessary to preserve and keep in full force and effect (i) its corporate existence, existence and the corporate, partnership partnership, limited liability company or other existence of each of its Restricted Subsidiaries, Subsidiaries in accordance with the respective organizational documents (as the same may be amended from time to time) of the Company or any such Restricted Subsidiary and (ii) the material rights (charter and statutory), licenses ) and franchises of the Company and any of its Restrictive Restricted Subsidiaries; provided, however, provided that the Company shall not be required to preserve any such right, license right or franchise, or the corporate, partnership partnership, limited liability company or other existence of any of its Restricted Subsidiaries, if the Board of Directors or senior management of the Company shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and its Restricted Subsidiaries, taken as a whole, and that the loss thereof is not adverse in any material respect to the Holders of the NotesHolders.

Appears in 1 contract

Samples: Indenture (Del Monte Foods Co)

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