Common use of Corporate Existence, Etc Clause in Contracts

Corporate Existence, Etc. The Company will at all times preserve and keep in full force and effect its corporate existence. Subject to Sections 10.2 and 10.6, the Company will at all times preserve and keep in full force and effect the corporate existence of each of its Subsidiaries (unless merged into the Company or a Subsidiary) and all rights and franchises of the Company and its Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise could not, individually or in the aggregate, have a Material Adverse Effect.

Appears in 3 contracts

Samples: Note Purchase Agreement (First Investors Financial Services Group Inc), Note Purchase Agreement (Ralcorp Holdings Inc /Mo), Ralcorp Holdings Inc /Mo

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Corporate Existence, Etc. The Company will at all times preserve and keep in full force and effect its corporate existence. Subject to Sections Section 10.2 and 10.6, the Company will at all times preserve and keep in full force and effect the corporate existence of each of its Subsidiaries (unless merged into the Company or a Subsidiary) and all rights and franchises of the Company and its Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise could not, individually or in the aggregate, have a Material Adverse Effect.

Appears in 2 contracts

Samples: Note Purchase Agreement (Hunt Corp), Note Purchase Agreement (Hunt Manufacturing Co)

Corporate Existence, Etc. The Company will at all times preserve and keep in full force and effect its corporate existence. Subject to Sections 10.2 10.5 and 10.6, the Company will at all times preserve and keep in full force and effect the corporate existence of each of its Subsidiaries (unless merged into the Company or a Subsidiary) and all rights and franchises (as franchises) of the Company and its Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise could not, individually or in the aggregate, have a Material Adverse Effect.

Appears in 2 contracts

Samples: Exhibit Index (Showbiz Pizza Time Inc), Note Purchase Agreement (Showbiz Pizza Time Inc)

Corporate Existence, Etc. The Company will at all times preserve and keep in full force and effect its corporate existence. Subject to Sections 10.2 and 10.6Section 10.2, the Company will at all times preserve and keep in full force and effect the corporate existence of each of its Subsidiaries Restricted Subsidiary (unless merged into the Company or a Restricted Subsidiary) and all rights and franchises of the Company and its the Restricted Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise could not, individually or in the aggregate, have a Material Adverse Effect.

Appears in 2 contracts

Samples: Note Purchase Agreement (Nu Skin Enterprises Inc), Note Purchase Agreement (Nu Skin Enterprises Inc)

Corporate Existence, Etc. The Company will at all times preserve and keep its corporate existence in full force and effect its corporate existenceeffect. Subject to Sections 10.2 and 10.6, the The Company will at all times preserve and keep in full force and effect the corporate existence of each of its Subsidiaries (unless merged into the Company or a Wholly-Owned Subsidiary) and all rights and franchises of the Company and its Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise could would not, individually or in the aggregate, have a Material Adverse Effect.

Appears in 2 contracts

Samples: Middlesex Water Co, Middlesex Water Co

Corporate Existence, Etc. The Company will at all times preserve and keep in full force and effect its corporate existence. Subject to Sections 10.2 10.6 and 10.610.7, the Company will at all times preserve and keep in full force and effect the corporate existence of each of its Restricted Subsidiaries (unless merged into the Company or a another Restricted Subsidiary) and all rights and franchises of the Company and its Restricted Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise could not, individually or in the aggregate, have a Material Adverse Effect.

Appears in 2 contracts

Samples: Subsidiary Guaranty Agreement (Ruby Tuesday Inc), Subsidiary Guaranty Agreement (Ruby Tuesday Inc)

Corporate Existence, Etc. The Company will Such Obligor shall at all times preserve and keep in full force and effect its corporate existence. Subject to Sections 10.2 and 10.6Section 10.2, the Company will shall at all times preserve and keep in full force and effect the corporate existence of each of its Subsidiaries (unless merged into the Company such Obligor or a Subsidiary) and all rights and franchises of the Company and its Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise could not, individually or in the aggregate, have a Material Adverse Effect.

Appears in 2 contracts

Samples: Unisource Energy Corp, Unisource Energy Corp

Corporate Existence, Etc. The Company will at all times preserve and keep in full force and effect its corporate existence. Subject to Sections 10.2 and 10.6Except as otherwise permitted in this Agreement, the Company will at all times preserve and keep in full force and effect the corporate existence of each of its Subsidiaries (unless merged into the Company or a Subsidiary) and all rights and franchises of the Company and its Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise could would not, individually or in the aggregate, have a Material Adverse Ad- verse Effect. 9.5. [Reserved]. 9.6.

Appears in 2 contracts

Samples: Note Purchase Agreement (Conifer Holdings, Inc.), Note Purchase Agreement (Conifer Holdings, Inc.)

Corporate Existence, Etc. The Company will at all times preserve and keep in full force and effect its corporate existence. Subject to Sections 10.2 and Section 10.6, the Company will at all times preserve and keep in full force and effect the corporate existence of each of its Subsidiaries (unless merged into the Company or a Subsidiary) and all rights and franchises of the Company and its Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise could not, individually or in the aggregate, have a Material Adverse Effect.

Appears in 2 contracts

Samples: Note Purchase Agreement (New England Business Service Inc), Note Purchase Agreement (Meredith Corp)

Corporate Existence, Etc. The Company will at all times preserve and keep in full force and effect its corporate existence. Subject to Sections 10.2 8.2 and 10.68.3, the Company will at all times preserve and keep in full force and effect the corporate existence of each of its Subsidiaries (unless merged into the Company or a Subsidiary) and all rights and franchises (as franchisee) of the Company and its Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise could not, individually or in the aggregate, have a Material Adverse Effect.

Appears in 2 contracts

Samples: Note Purchase Agreement (Spartech Corp), Note Purchase Agreement (Spartech Corp)

Corporate Existence, Etc. The Subject to Sections 10.4 and 10.5 the Company will at all times preserve and keep in full force and effect its corporate existence. Subject to Sections 10.2 10.4 and 10.610.5, the Company will at all times preserve and keep in full force and effect the corporate existence of each of its Subsidiaries (unless merged into the Company or a Subsidiary) and all rights and franchises of the Company and its Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise could would not, individually or in the aggregate, have a Material Adverse Effect.

Appears in 2 contracts

Samples: Guaranty Agreement (Otter Tail Corp), Intercreditor Agreement (Otter Tail Corp)

Corporate Existence, Etc. The Company will at all times preserve and keep in full force and effect its corporate existenceexistence and the existence of any Issuer Subsidiary. Subject to Sections 10.2 and 10.6Section 10.2, the Company will at all times preserve and keep in full force and effect the corporate existence of each of its Subsidiaries Restricted Subsidiary (unless merged into the Company or a Restricted Subsidiary) and all rights and franchises of the Company and its the Restricted Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise could not, individually or in the aggregate, have a Material Adverse Effect.

Appears in 2 contracts

Samples: Private Shelf Agreement (Nu Skin Enterprises Inc), Nu Skin Enterprises Inc

Corporate Existence, Etc. The Company will at all times preserve and keep in full force and effect its corporate existenceexistence and the existence of any Issuer Subsidiary. Subject to Sections 10.2 and 10.6Section 10.2, the Company will at all times preserve and keep in full force and effect the corporate existence of each of its Subsidiaries Restricted Subsidiary (unless merged into the Company or a Restricted Subsidiary) and all rights and franchises of the Company and its the Restricted Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise could not, individually or in the aggregate, have a Material Adverse Effect.

Appears in 2 contracts

Samples: Private Shelf Agreement (Nu Skin Enterprises Inc), Intercreditor Agreement (Nu Skin Enterprises Inc)

Corporate Existence, Etc. The Subject to Sections 4.5 and 4.6, the Company will at all times preserve and keep in full force and effect its corporate existence. Subject to Sections 10.2 existence and 10.6, the Company will at all times preserve and keep in full force and effect the corporate existence of each of its Restricted Subsidiaries (unless merged into the Company or a Subsidiary) and all rights and franchises of the Company and its Restricted Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise could not, individually or in the aggregate, have a Material Adverse Effect.

Appears in 2 contracts

Samples: Note Agreement (Simpson Industries Inc), Note Agreement (Simpson Industries Inc)

Corporate Existence, Etc. The Company will at all times preserve and keep in full force and effect its corporate existence. Subject to Sections Except as provided in Section 10.2 and 10.6Section 10.3, the Company will at all times preserve and keep in full force and effect the corporate existence of each of its Subsidiaries (unless merged into the Company or a Subsidiary) and all rights and franchises of the Company and its Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise could would not, individually or in the aggregate, have a Material Adverse Effectmaterially adverse effect on the business, operations, affairs, financial condition, properties or assets of the Company and its Subsidiaries taken as a whole.

Appears in 2 contracts

Samples: Note Purchase Agreement (Brown & Brown Inc), Note Purchase Agreement (Brown & Brown Inc)

Corporate Existence, Etc. The Company will at all times preserve and keep in full force and effect its corporate existence. Subject to Sections 10.2 and 10.610.3, the Company will at all times preserve and keep in full force and effect the corporate existence of each of its Subsidiaries (unless merged into the Company or a Subsidiary) and all rights and franchises of the Company and its Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise could not, individually or in the aggregate, have a Material Adverse Effect.

Appears in 2 contracts

Samples: Change of Control Agreement (Hickory Tech Corp), Note Purchase Agreement (American Homestar Corp)

Corporate Existence, Etc. The Company will at all times preserve and keep in full force and effect its corporate existence. Subject to Sections 10.2 10.5 and 10.6, the Company will at all times preserve and keep in full force and effect the corporate existence of each of its Restricted Subsidiaries (unless merged into the Company or a Restricted Subsidiary) and all rights and franchises of the Company and its Restricted Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise could not, individually or in the aggregate, have a Material Adverse Effect.

Appears in 2 contracts

Samples: Note Purchase Agreement (Bowne & Co Inc), Simpson (Simpson Industries Inc)

Corporate Existence, Etc. The Subject to Section 10.2, the Company will at all times preserve and keep its corporate existence in full force and effect its corporate existenceeffect. Subject to Sections 10.2 and 10.6, the The Company will at all times preserve and keep in full force and effect the corporate existence of each of its Subsidiaries Subsidiary (unless merged into the Company or a Wholly-Owned Subsidiary) and all rights and franchises of the Company and its Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise could not, individually or in the aggregate, have a Material Adverse Effect.

Appears in 2 contracts

Samples: Note Purchase Agreement (Eastgroup Properties Inc), Note Purchase Agreement (Eastgroup Properties Inc)

Corporate Existence, Etc. The Company will at all times preserve and keep in full force and effect its corporate existence. Subject to Sections 10.2 and 10.610.7, the Company will at all times preserve and keep in full force and effect the corporate existence of each of its Subsidiaries (unless merged into the Company or a Subsidiary) and all rights and franchises of the Company and its Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise could would not, individually or in the aggregate, have a Material Adverse Effect.

Appears in 2 contracts

Samples: Guaranty Agreement (Smucker J M Co), Note Purchase Agreement (Smucker J M Co)

Corporate Existence, Etc. The Company will at all times preserve and keep in full force and effect its corporate existence. Subject to Sections 10.2 and 10.6Section 8.8, the Company will at all times preserve and keep in full force and effect the corporate existence of each of its Subsidiaries (unless merged into the Company or a Subsidiary) and all rights and franchises of the Company and its Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise could not, individually or in the aggregate, have a Material Adverse Effect.

Appears in 2 contracts

Samples: Note Purchase Agreement (Woodhead Industries Inc), Note Purchase Agreement (Cameron Ashley Building Products Inc)

Corporate Existence, Etc. The Company will at all times preserve and keep in full force and effect its corporate existence. Subject to Sections 10.2 and 10.6Section 10.12, the Company will at all times preserve and keep in full force and effect the corporate existence of each of its Subsidiaries (unless merged into the Company or a Subsidiary) and all rights and franchises of the Company and its Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise could not, individually or in the aggregate, have a Material Adverse Effect.

Appears in 2 contracts

Samples: Shelf Agreement (Nn Inc), Note Purchase Agreement (Nn Inc)

Corporate Existence, Etc. The Company will at all times preserve and keep in full force and effect its corporate existence. Subject to Sections 10.2 10.6, 10.7 and 10.610.8, the Company will at all times preserve and keep in full force and effect the corporate legal existence of each of its Subsidiaries (unless merged into the Company or a Wholly-Owned Subsidiary) and all rights and franchises of the Company and its Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate legal existence, right or franchise could not, individually or in the aggregate, have a Material Adverse Effect.

Appears in 2 contracts

Samples: Note Purchase Agreement (Wolverine World Wide Inc /De/), Note Purchase Agreement (Wolverine World Wide Inc /De/)

Corporate Existence, Etc. The Company will at all times preserve and keep in full force and effect its corporate existence. Subject to Sections 10.2 and 10.6Except as otherwise permitted in this Agreement, the Company will at all times preserve and keep in full force and effect the corporate existence of each of its Subsidiaries (unless merged into the Company or a Subsidiary) and all rights and franchises of the Company and its Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise could would not, individually or in the aggregate, have a Material Adverse Ad- verse Effect. 9.5.

Appears in 2 contracts

Samples: Conifer Holdings, Inc., Conifer Holdings, Inc.

Corporate Existence, Etc. The Company will at all times preserve and keep in full force and effect its corporate existence. Subject to Sections 10.2 10.9 and 10.610.10, the Company will at all times preserve and keep in full force and effect the corporate existence of each of its Subsidiaries (unless merged into the Company or a Subsidiary) and all rights and franchises of the Company and its Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise could not, individually or in the aggregate, have a Material Adverse Effect.

Appears in 1 contract

Samples: Note Purchase Agreement (Tecumseh Products Co)

Corporate Existence, Etc. The Company will at all times preserve and keep in full force and effect its corporate existence. Subject to Sections 10.2 and 10.6, the Company will at all times preserve and keep in full force and effect the corporate existence of each of its Subsidiaries (unless merged into the Company or a Subsidiary) and all rights and franchises of the Company and its Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise could would not, individually or in the aggregate, have a Material Adverse EffectEffect on the business, operations, affairs, financial condition, properties or assets of the Company and its Subsidiaries taken as a whole.

Appears in 1 contract

Samples: Sigma (Sigma Aldrich Corp)

Corporate Existence, Etc. The Subject to Section 10.4, the Company will at all times preserve and keep in full force and effect its corporate existence. Subject to Sections 10.2 existence and 10.6, the Company will at all times preserve and keep in full force and effect the corporate existence of each of its Subsidiaries (unless merged into the Company or a Subsidiary) and all rights and franchises of the Company and its Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, existence of any Subsidiary or any such right or franchise could notwould not reasonably be expected, individually or in the aggregate, to have a Material Materially Adverse Effect.

Appears in 1 contract

Samples: Note Purchase Agreement (Ims Health Inc)

Corporate Existence, Etc. The Company will at all times preserve and keep in full force and effect its corporate existence, except as otherwise permitted by Section 10.6. Subject to Sections 10.2 and 10.6, the The Company will at all times preserve and keep in full force and effect the corporate existence of each of its Restricted Subsidiaries (unless merged into the Company or a another Restricted Subsidiary) and all rights and franchises of the Company and its Restricted Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise could not, individually or in the aggregate, have a Material Adverse Effect.

Appears in 1 contract

Samples: Note Purchase Agreement (Oil Dri Corporation of America)

Corporate Existence, Etc. The Company will at all times preserve and keep in full force and effect its corporate existence. Subject to Sections 10.2 and 10.6Section 10.7, the Company will at all times preserve and keep in full force and effect the corporate existence of each of its Significant Subsidiaries (unless merged into the Company or a Significant Subsidiary) and all rights and franchises of the Company and its Significant Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise could not, individually or in the aggregate, have a Material Adverse Effect.

Appears in 1 contract

Samples: Nordson Corp

Corporate Existence, Etc. The Company will at all times preserve and keep in full force and effect its corporate existence. Subject to Sections 10.2 10.6 and 10.610.7, the Company will at all times preserve and keep in full force and effect the corporate existence of each of its Subsidiaries (unless merged into the Company or a SubsidiarySubsidiary Guarantor) and all rights and franchises of the Company and its Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise could would not, individually or in the aggregate, have a Material Adverse Effect.

Appears in 1 contract

Samples: Note Purchase and Private Shelf Agreement (West Pharmaceutical Services Inc)

Corporate Existence, Etc. The Company will at all times preserve and keep in full force and effect its corporate existence. Subject to Sections 10.2 10.4 and 10.610.5, the Company will at all times preserve and keep in full force and effect the corporate existence of each of its Subsidiaries (unless merged into the Company or a Subsidiary) and all rights and franchises of the Company and its Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such a particular corporate existence, right or franchise could would not, individually or in the aggregate, have a Material Adverse Effectmaterially adverse effect on the business, operations, affairs, financial condition, properties or assets of the Company and its Subsidiaries taken as a whole. 9.6.

Appears in 1 contract

Samples: Subsidiaries and Ownership of Subsidiary (Ace Hardware Corp)

Corporate Existence, Etc. The Company will at all times preserve and keep in full force and effect its corporate existence. Subject to Sections 10.2 11.2 and 10.611.8, the Company will at all times preserve and keep in full force and effect the corporate existence of each of its Subsidiaries (unless merged into the Company or a another Subsidiary) and all rights and franchises of the Company and its Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise could not, individually or in the aggregate, have a Material Adverse Effect.

Appears in 1 contract

Samples: Stock Sale and Note Purchase Agreement (Cascade Microtech Inc)

Corporate Existence, Etc. The Company will at all times preserve and keep in full force and effect its corporate existence. Subject to Sections 10.2 and 10.6Section 10.7(a)(i), the Company will at all times preserve and keep in full force and effect the corporate or other existence of each of its Subsidiaries (unless merged into the Company or a Subsidiary) and all rights and franchises of the Company and its Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise could not, individually or in the aggregate, have a Material Adverse Effect.

Appears in 1 contract

Samples: Guaranty Agreement (Insituform Technologies Inc)

Corporate Existence, Etc. The Company will at all times preserve and keep its corporate existence in full force and effect its corporate existenceeffect. Subject to Sections 10.2 and 10.610.7, the Company will at all times preserve and keep in full force and effect the corporate existence of each of its Subsidiaries (unless merged into the Company or a Subsidiary) and all rights and franchises of the Company and its Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise could would not, individually or in the aggregate, have a Material Adverse Effect.

Appears in 1 contract

Samples: Subsidiary Guaranty Agreement (Fastenal Co)

Corporate Existence, Etc. The Company will at all times preserve and keep in full force and effect its corporate existence. Subject to Sections 10.2 and 10.6Section 10.7, the Company will at all times preserve and keep in full force and effect the corporate existence of each of its Restricted Subsidiaries (unless merged into the Company or a Wholly-Owned Restricted Subsidiary) and all rights and franchises of the Company and its Restricted Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise could not, individually or in the aggregate, have a Material Adverse Effect.

Appears in 1 contract

Samples: Note Purchase Agreement (Marcus Corp)

Corporate Existence, Etc. The Company will at all times preserve and keep in full force and effect its corporate existence. Subject to Sections 10.2 and 10.6Section 10.10, the Company will at all times preserve and keep in full force and effect the corporate existence of each of its Subsidiaries (unless merged into the Company or a Subsidiary) and all rights and franchises of the Company and its Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise could not, individually or in the aggregate, have a Material Adverse Effect.

Appears in 1 contract

Samples: Advest Group Inc

Corporate Existence, Etc. The Company will at all times preserve and keep in full force and effect its corporate existence. Subject to Sections 10.2 and Section 10.6, the Company will at all times <PAGE> preserve and keep in full force and effect the corporate existence of each of its Subsidiaries (unless merged into the Company or a Subsidiary) and all rights and franchises of the Company and its Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise could not, individually or in the aggregate, have a Material Adverse Effect.

Appears in 1 contract

Samples: Note Purchase Agreement (Meredith Corp)

Corporate Existence, Etc. The Company will at all times preserve and keep in full force and effect its corporate existence. Subject to Sections 10.2 and SECTION 10.6, the Company will at all times preserve and keep in full force and effect the corporate existence of each of its Subsidiaries (unless merged into the Company or a Wholly-owned Subsidiary) and all rights and franchises of the Company and its Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise could not, individually or in the aggregate, have a Material Adverse Effect.

Appears in 1 contract

Samples: Note Purchase Agreement (Moore Corporation LTD)

Corporate Existence, Etc. The Company will at all times preserve and keep in full force and effect its corporate existence. Subject to Sections 10.2 and 10.6Section 11.3, the Company will at all times preserve and keep in full force and effect (a) the corporate existence of each of its Subsidiaries (unless merged into the Company or a Subsidiary) and (b) all rights and franchises of the Company and its Subsidiaries unlessSubsidiaries, in except to the good faith judgment of extent that the Company, the termination of or failure to preserve and keep such rights and franchises in full force and effect such corporate existence, right or franchise could not, individually or in the aggregate, have be reasonably expected to result in a Material Adverse Effect.

Appears in 1 contract

Samples: Note Purchase Agreement (Oneita Industries Inc)

Corporate Existence, Etc. The Company will at all times preserve and keep in full force and effect its corporate existence. Subject to Sections 10.2 10.2, and 10.610.9, the Company will at all times preserve and keep in full force and effect the corporate existence of each of its Subsidiaries (unless merged into the Company or a Wholly-Owned Subsidiary) and all rights and franchises of the Company and its Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise could not, individually or in the aggregate, have a Material Adverse Effect.

Appears in 1 contract

Samples: Note Purchase Agreement (Deltic Timber Corp)

Corporate Existence, Etc. The Company will at all times preserve and keep in full force and effect its corporate existence. Subject to Sections 10.2 10.7, 10.8 and 10.610.9, the Company will at all times preserve and keep in full force and effect the corporate existence of each of its Subsidiaries (unless merged into the Company or a Wholly-Owned Subsidiary) and all rights and franchises of the Company and its Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise could would not, individually or in the aggregate, have a Material Adverse Effect.

Appears in 1 contract

Samples: Note Purchase Agreement (Granite Construction Inc)

Corporate Existence, Etc. The Company will at all times preserve and keep in full force and effect its corporate existence. Subject to Sections 10.2 and 10.6Section 10.3, the Company will at all times preserve and keep in full force and effect the corporate existence of each of its Subsidiaries (unless merged into the Company or a Subsidiary) and all rights and franchises of the Company and its Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise could not, individually or in the aggregate, have a Material Adverse Effect.

Appears in 1 contract

Samples: Note Purchase Agreement (Flow International Corp)

Corporate Existence, Etc. The Company will at all times preserve and keep in full force and effect its corporate existence and the corporate existence. Subject to Sections 10.2 and 10.6, the The Company will at all times preserve and keep in full force and effect the corporate existence of each of its Subsidiaries (unless merged into the Company or a wholly owned Subsidiary) and all rights and franchises of the Company and its Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise could would not, individually or in the aggregate, have a Material Adverse Effect.

Appears in 1 contract

Samples: Chugach Electric Association Inc

Corporate Existence, Etc. The Company will at all times preserve and keep its corporate existence in full force and effect its corporate existenceeffect. Subject to Sections 10.2 10.4 and 10.610.5, the Company will at all times preserve and keep in full force and effect the corporate existence of each of its Subsidiaries (unless merged into the Company or a Wholly-Owned Subsidiary) and all rights and franchises of the Company and its Subsidiaries unless, in the good faith judgment of the Company, unless the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise could not, individually or in the aggregate, have a Material Adverse Effect.

Appears in 1 contract

Samples: Note Purchase Agreement (Copart Inc)

Corporate Existence, Etc. The Except as otherwise permitted hereby or by the Definitive Documents, the Company will at all times preserve and keep in full force and effect its corporate existence. Subject to Sections 10.2 and 10.6, the The Company will at all times preserve preserve, renew and keep in full force and effect the corporate existence of each of its Subsidiaries (unless merged into the Company or a Subsidiary) and all rights rights, licenses, Permits, privileges and franchises of the Company and its Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise could not, individually or in the aggregate, have a Material Adverse Effect.

Appears in 1 contract

Samples: PNM Resources (PNM Resources Inc)

Corporate Existence, Etc. The Company and each Subsidiary will at all times preserve and keep in full force and effect its corporate existence. Subject to Sections 10.2 and 10.610.9, the Company will at all times preserve and keep in full force and effect the corporate existence of each of its Subsidiaries (unless merged into the Company or a Subsidiary) and all rights and franchises of the Company and its Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise could not, individually or in the aggregate, have a Material Adverse Effect.

Appears in 1 contract

Samples: Note Purchase Agreement (Chalone Wine Group LTD)

Corporate Existence, Etc. The Company will at all times preserve and keep in full force and effect its corporate existence. Subject to Sections 10.2 Section 11.2 and 10.6Section 11.8, the Company will at all times preserve and keep in full force and effect the corporate or other entity existence of each of its Subsidiaries (unless merged into the Company or a Subsidiary) and all rights and franchises of the Company and its Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise could not, individually or in the aggregate, have a Material Adverse Effect.

Appears in 1 contract

Samples: Note Purchase Agreement (Invacare Corp)

Corporate Existence, Etc. The Company will at all times preserve and keep in full force and effect its corporate existence. Subject to Sections 10.2 and 10.6, the The Company will at all times preserve and keep in full force and effect the corporate existence of each of its Subsidiaries (unless merged into the Company or a any Subsidiary) and all rights and franchises of the Company and its Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise could not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Agreement (Blyth Inc)

Corporate Existence, Etc. The Company will at all times preserve and keep in full force and effect its corporate existence. Subject to Sections 10.2 11.2 and 10.611.6, the Company will at all times preserve and keep in full force and effect the corporate existence of each of its Subsidiaries (unless merged into the Company or a Subsidiaryotherwise permitted hereunder) and all rights and franchises of the Company and its Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise could would not, individually or in the aggregate, have a Material Adverse Effect.

Appears in 1 contract

Samples: Subordinated Note Purchase Agreement (International Textile Group Inc)

Corporate Existence, Etc. The Subject to Section 10.2, the Company will at all times preserve and keep its corporate existence in full force and effect its corporate existenceeffect. Subject to Sections 10.2 and 10.6, the The Company will at all times preserve and keep in full force and effect the corporate existence of each of its Subsidiaries Subsidiary (unless merged into the Company or a Wholly-Owned Subsidiary) and all rights and franchises of the Company and its Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise could not, individually or in the aggregate, have a Material Adverse Effect. Section 9.6.

Appears in 1 contract

Samples: Note Purchase Agreement (Eastgroup Properties Inc)

Corporate Existence, Etc. The Company will at all times preserve and keep in full force and effect its corporate existence. Subject to Sections Section 10.2 and 10.6Section 10.8, the Company will at all times preserve and keep in full force and effect the corporate existence of each of its Subsidiaries (unless merged into the Company or a Subsidiary) and all rights and franchises of the Company and its Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise could would not, individually or in the aggregate, have a Material Adverse Effectmaterially adverse effect on the business, operations, affairs, financial condition, properties or assets of the Company and its Subsidiaries taken as a whole.

Appears in 1 contract

Samples: Note Purchase Agreement (Triumph Group Inc /)

Corporate Existence, Etc. The Company will at all times preserve and keep in full force and effect its corporate existence. Subject to Sections 10.2 10.4 and 10.610.5, the Company will at all times preserve and keep in full force and effect the corporate existence of each of its Subsidiaries (unless merged into the Company or a Subsidiary) and all rights and franchises of the Company and its Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise could not, individually or in the aggregate, have a Material Adverse Effect. .

Appears in 1 contract

Samples: Kemet Corp

Corporate Existence, Etc. The Company will at all times preserve and keep in full force and effect its corporate existence. Subject to Sections 10.2 and 10.610.8, the Company will at all times preserve and keep in full force and effect the corporate existence of each of its Subsidiaries (unless merged into the Company or a another Subsidiary) and all rights and franchises of the Company and its Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise could would not, individually or in the aggregate, have a Material Adverse Effect.

Appears in 1 contract

Samples: Note Purchase Agreement (Globe Business Resources Inc)

Corporate Existence, Etc. The Company will at all times preserve and keep in full force and effect its corporate existence. Subject to Sections 10.2 10.5 and 10.6, the Company will at all times preserve and keep in full force and effect the corporate existence of each of its Subsidiaries (unless merged into the Company or a Subsidiary) and all rights and franchises of the Company and its Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise could not, individually or in the aggregate, have a Material Adverse Effect.

Appears in 1 contract

Samples: Note Purchase Agreement (Caseys General Stores Inc)

Corporate Existence, Etc. The Company will at all times preserve and keep in full force and effect its corporate existence. Subject , and, subject to Sections 10.2 and 10.6Section 10.3, the Company will at all times preserve and keep in full force and effect the corporate existence of each of its Subsidiaries (unless merged into the Company or a Subsidiary) and all rights and franchises of the Company and its Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect the corporate existence of any Subsidiary, or any such corporate existence, right or franchise could not, individually or in the aggregate, have a Material Adverse Effect.

Appears in 1 contract

Samples: Note Purchase Agreement (Teleflex Inc)

Corporate Existence, Etc. The Company will at all times preserve and keep in full force and effect its corporate existence. Subject to Sections 10.2 10.6, 10.7 and 10.610.8, the Company will at all times preserve and keep in full force and effect the corporate existence of each of its Subsidiaries Restricted Subsidiary (unless merged into the Company or a Restricted Subsidiary) and all rights and franchises of the Company and its Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise could not, individually or in the aggregate, have a Material Adverse Effect.

Appears in 1 contract

Samples: Note Purchase Agreement (Cerner Corp /Mo/)

Corporate Existence, Etc. The Company will shall at all times preserve and keep in full force and effect its corporate existence. Subject to Sections 10.2 10.7 and 10.610.8, the Company will shall at all times preserve and keep in full force and effect the corporate existence of each of its Subsidiaries (unless merged into the Company or a Subsidiary) and all rights and franchises of the Company and its Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise could not, individually or in the aggregate, have a Material Adverse Effect.

Appears in 1 contract

Samples: Note Purchase Agreement (Hughes Supply Inc)

Corporate Existence, Etc. The Company will, and will cause the Subsidiary Obligor to, at all times preserve and keep in full force and effect its corporate existence. Subject to Sections 10.2 10.8 and 10.610.10, the Company will at all times preserve and keep in full force and effect the corporate existence of each of its other Subsidiaries (unless merged into the Company or a Subsidiary) and all rights and franchises of the Company and its Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise could not, individually or in the aggregate, have a Material Adverse Effect.

Appears in 1 contract

Samples: Note Purchase Agreement (Burlington Coat Factory Warehouse Corp)

Corporate Existence, Etc. The Except in connection with a transaction permitted by Section 10.2(a), the Company will at all times preserve and keep in full force and effect its corporate existence. Subject to Except in connection with a transaction permitted by Sections 10.2 and 10.610.3, the Company will at all times preserve and keep in full force and effect the corporate existence of each of its Subsidiaries (unless merged into the Company or a Subsidiary) and all rights and franchises of the Company and its Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise could not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Note Purchase Agreement (Handy & Harman)

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Corporate Existence, Etc. The Company will at all times preserve and keep in full force and effect its corporate existence. Subject to Sections 10.2 and 10.610.3, the Company will at all times preserve and keep in full force and effect the corporate existence of each of its Subsidiaries (unless merged into the Company or a Subsidiary) and all rights and franchises of the Company and its Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise could not, individually or in the aggregate, have a Material Adverse Effect.

Appears in 1 contract

Samples: Subsidiary Guarantee Agreement (PERRIGO Co PLC)

Corporate Existence, Etc. The Company will at all times preserve and keep in full force and effect its corporate existence. Subject to Sections 10.2 and 10.610.10, the Company will at all times preserve and keep in full force and effect the corporate existence of each of its Subsidiaries (unless merged into the Company or a Subsidiary) and all rights and franchises of the Company and its Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise could not, individually or in the aggregate, have a Material Adverse Effect.

Appears in 1 contract

Samples: Note Purchase Agreement (C Quential Inc)

Corporate Existence, Etc. The Subject to Section 10.3, the Company will at all times preserve and keep in full force and effect its corporate existence. Subject to Sections 10.2 and 10.6, the The Company will at all times preserve and keep in full force and effect the corporate existence of each of its Subsidiaries the other Note Parties (unless merged into the Company or a Subsidiaryanother Note Party) and all rights and franchises of the Company and its Subsidiaries the other Note Parties unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise could not, individually or in the aggregate, have a Material Adverse Effect.

Appears in 1 contract

Samples: Guaranty Agreement (Primoris Services Corp)

Corporate Existence, Etc. The Company will at all times preserve and keep in full force and effect its corporate existence. Subject to Sections 10.2 10.7, 10.8 and 10.610.9, the Company will at all times preserve and keep in full force and effect the corporate existence of each of its Subsidiaries (unless merged into the Company or a Wholly-Owned Restricted Subsidiary) and all rights and franchises of the Company and its Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise could would not, individually or in the aggregate, have a Material Adverse Effect.

Appears in 1 contract

Samples: Note Purchase Agreement (Granite Construction Inc)

Corporate Existence, Etc. The Company will at all times preserve and keep in full force and effect its corporate existence. Subject to Sections 10.2 10.7, 10.8 and 10.610.9, the -19- 25 Company will at all times preserve and keep in full force and effect the corporate existence of each of its Subsidiaries (unless merged into the Company or a Wholly-Owned Subsidiary) and all rights and franchises of the Company and its Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise could would not, individually or in the aggregate, have a Material Adverse Effect.

Appears in 1 contract

Samples: Subsidiary Guaranty Agreement (Granite Construction Inc)

Corporate Existence, Etc. The Company will at all times preserve and keep in full force and effect its corporate existence. Subject to Sections 10.2 10.6 and 10.610.7, the Company will at all times preserve and keep in full force and effect the corporate existence of each of its Subsidiaries (unless merged into the Company or a Wholly-Owned Restricted Subsidiary) and all rights and franchises of the Company and its Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise could would not, individually or in the aggregate, have a Material Adverse Effect.

Appears in 1 contract

Samples: Note Purchase Agreement (Mine Safety Appliances Co)

Corporate Existence, Etc. The Company will at all times preserve and keep in full force and effect its corporate existence. Subject to Sections 10.2 13.6 and 10.613.7, the Company will at all times preserve and keep in full force and effect the corporate corporate, limited liability company, partnership or other existence of each of its Material Subsidiaries (unless merged into or consolidated with the Company or a wholly-owned Material Subsidiary) and all rights and franchises of the Company and its Material Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise could would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Guaranty Agreement (Precision Castparts Corp)

Corporate Existence, Etc. The Company will at all times preserve and keep in full force and effect its corporate existence. Subject to Sections 10.2 and 10.6, the The Company will at all times preserve and keep in full force and effect the corporate corpo- rate existence of each of its Subsidiaries (unless merged into the Company or a Subsidiaryone of its Subsidiaries) and all rights and franchises frxx- chises of the Company and its Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existenceexis- tence, right or franchise could not, individually or in the aggregate, have a Material Adverse Effect.

Appears in 1 contract

Samples: Riddell Sports Inc

Corporate Existence, Etc. The Company will at all times preserve and keep in full force and effect its corporate existence. Subject to Sections 10.2 10.4 and 10.610.5, the Company will at all times preserve and keep in full force and effect the corporate existence of each of its Restricted Subsidiaries (unless merged into the Company or a Restricted Subsidiary) and all rights and franchises of the Company and its Restricted Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise could would not, individually or in the aggregate, have a Material Adverse Effect.

Appears in 1 contract

Samples: Note Purchase Agreement (Watts Water Technologies Inc)

Corporate Existence, Etc. The Company will at all times preserve and keep its corporate existence in full force and effect its corporate existenceeffect. Subject to Sections 10.2 and 10.6, the The Company will at all times preserve and keep in full force and effect the corporate existence of each of its Subsidiaries (unless merged into the Company or a wholly-owned Subsidiary) and all rights and franchises of the Company and its Subsidiaries unless, in the good faith judgment of the CompanyCompany or such Subsidiary, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise could would not, individually or in the aggregate, have a Material Adverse Effect. Section 9.6.

Appears in 1 contract

Samples: Dayton Power & Light Co

Corporate Existence, Etc. The Company will at all times preserve and keep in full force and effect its corporate existence. Subject to Sections 10.2 and 10.610.3, the Company will at all times preserve and keep in full force and effect the corporate existence of each of its Subsidiaries Subsidiary (unless merged into the Company or a Subsidiary) and all rights and franchises of the Company and its Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise could not, individually or in the aggregate, have a Material Adverse Effect.

Appears in 1 contract

Samples: Note Purchase Agreement (Franklin Electronic Publishers Inc)

Corporate Existence, Etc. The Company will at all times preserve and keep in full force and effect its corporate existence. Subject to Sections 10.2 10.5, 10.6 and 10.610.7, the Company will at all times preserve and keep in full force and effect the corporate existence of each of its Subsidiaries (unless merged into the Company or a Subsidiary) and all rights and franchises of the Company and its Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise could not, individually or in the aggregate, have a Material Adverse Effect.

Appears in 1 contract

Samples: Note Purchase Agreement (Odyssey Re Holdings Corp)

Corporate Existence, Etc. The Company will at all times preserve and keep in full force and effect its corporate existence. Subject to Sections 10.2 and 10.6Section 10.04, the Company will at all times preserve and keep in full force and effect the corporate corporate, partnership or other existence of each of its Subsidiaries (unless merged into the Company or a Subsidiary) and all rights and franchises of the Company and its Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate corporate, partnership or other existence, right or franchise could not, individually or in the aggregate, have a Material Adverse Effect.

Appears in 1 contract

Samples: Note Purchase Agreement (Digex Inc/De)

Corporate Existence, Etc. The Company will at all times preserve and keep in full force and effect its corporate existence. Subject to Sections 10.2 and 10.6Section 10.2, the Company will at all ------------ times preserve and keep in full force and effect the corporate existence of each of its Subsidiaries (unless merged into the Company or a any Subsidiary) and all rights and franchises of the Company and its Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise could not, individually or in the aggregate, have a Material Adverse Effect.

Appears in 1 contract

Samples: Note Purchase Agreement (TFC Enterprises Inc)

Corporate Existence, Etc. The Company will at all times preserve and keep in full force and effect its corporate existence. Subject to Sections 10.2 and 10.6Section 10.8, the Company will at all times preserve and keep in full force and effect the corporate existence of each of its Subsidiaries (unless merged into the Company or a Subsidiary) and all rights and franchises of the Company and its Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such the corporate existence, existence of any Subsidiary or any right or franchise could not, individually or in the aggregate, have a Material Adverse Effect.

Appears in 1 contract

Samples: Note Purchase Agreement (Nui Corp /Nj/)

Corporate Existence, Etc. The Company will at all times preserve and keep in full force and effect its corporate existence. Subject to Sections 10.2 and 10.610.5, the Company will at all times preserve and keep in full force and effect the corporate existence of each of its Subsidiaries (unless merged into the Company or a Wholly-owned Subsidiary) and all rights and franchises of the Company and its Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise could not, individually or in the aggregate, have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan Agreement (Village Super Market Inc)

Corporate Existence, Etc. The Company will at all times preserve and keep in full force and effect its corporate existence. Subject to Sections 10.2 10.10 and 10.610.11, the Company will at all times preserve and keep in full force and effect the corporate existence of each of its Subsidiaries (unless merged into the Company or a Subsidiary) and all rights and franchises of the Company and its Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise could not, individually or in the aggregate, have a Material Adverse Effect.

Appears in 1 contract

Samples: Note Purchase Agreement

Corporate Existence, Etc. The Company will at all times preserve and keep in full force and effect its corporate existence. Subject to Sections 10.2 10.8 and 10.610.9, the Company will at all times preserve and keep in full force and effect the corporate existence of each of its Subsidiaries (unless merged into the Company or a Subsidiary) and all rights and franchises of the Company and its Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise could not, individually or in the aggregate, have a Material Adverse Effect.

Appears in 1 contract

Samples: Note Purchase Agreement (Borders Group Inc)

Corporate Existence, Etc. The Company will at all times preserve and keep in full force and effect its corporate existence. Subject to Sections 10.2 10.5 and 10.6, the Company will at all times preserve and keep in full force and effect the corporate existence of each of its Subsidiaries (unless merged into the Company or a Subsidiary) and all rights and franchises of the Company and its Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise could would not, individually or in the aggregate, have a Material Adverse Effectmaterially adverse effect on the business, operations, affairs, financial condition, properties or assets of the Company and its Subsidiaries taken as a whole. .c.Section 10.

Appears in 1 contract

Samples: Pg Energy Inc

Corporate Existence, Etc. The Company will at all times preserve and keep in full force and effect its corporate existence. Subject to Sections 10.2 paragraphs E and 10.6F of Schedule 10.1, the Company will at all times preserve and keep in full 36 force and effect the corporate existence of each of its Subsidiaries (unless merged into the Company or a Subsidiary) and all rights and franchises of the Company and its Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise could not, individually or in the aggregate, have a Material Adverse Effect.

Appears in 1 contract

Samples: WLR Foods Inc

Corporate Existence, Etc. The Company will at all times preserve and keep in full force and effect its corporate existence. Subject to Sections 10.2 and 10.6Section 10.8, the Company will at all times preserve and keep in full force and effect the corporate existence of each of its Subsidiaries (unless merged into the Company or a Subsidiary) and all rights and franchises of the Company and its Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise could would not, individually or in the aggregate, have a Material Adverse Effect.

Appears in 1 contract

Samples: Note Purchase Agreement (Calamos Asset Management, Inc. /DE/)

Corporate Existence, Etc. The Company will at all times preserve and keep in full force and effect its corporate existence. Subject to Sections 10.2 and SECTION 10.6, the Company will at all times preserve and keep in full force and effect the corporate existence of each of its Subsidiaries (unless merged into the Company or a Subsidiary) and all rights and franchises of the Company and its Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise could not, individually or in the aggregate, have a Material Adverse Effect.

Appears in 1 contract

Samples: Note Purchase Agreement (Swift Transportation Co Inc)

Corporate Existence, Etc. The Subject to Sections 10.2 and 10.9, the Company will at all times preserve and keep in full force and effect its corporate existence. Subject to Sections 10.2 , and 10.6, the Company will at all times preserve and keep in full force and effect the corporate existence of each of its Subsidiaries (unless merged into the Company or a Subsidiary) and all rights and franchises of the Company and its Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise could not, individually or in the aggregate, to have a Material Adverse Effect.

Appears in 1 contract

Samples: Note Purchase and Private Shelf Agreement (Schawk Inc)

Corporate Existence, Etc. The Company will at all times preserve and keep in full force and effect its corporate existence. Subject to Sections 10.2 10.9 and 10.610.10, the Company will at all times preserve and keep in full force and effect the corporate existence of each of its Subsidiaries (unless merged into the Company or a Restricted Subsidiary) and all rights and franchises of the Company and its Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise could not, individually or in the aggregate, have a Material Adverse Effect.

Appears in 1 contract

Samples: Note Purchase Agreement (Optical Coating Laboratory Inc)

Corporate Existence, Etc. The Subject to Section 10.5, the Company will at all times preserve and keep in full force and effect its corporate existence. Subject to Sections 10.2 10.4 and 10.610.5, the Company will at all times preserve and keep in full force and effect the corporate existence of each of its Restricted Subsidiaries (unless merged into the Company or a Restricted Subsidiary) and all rights and franchises of the Company and its Restricted Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise could would not, individually or in the aggregate, have a Material Adverse Effect.

Appears in 1 contract

Samples: Note Purchase Agreement (Watts Water Technologies Inc)

Corporate Existence, Etc. The Company will at all times preserve and keep in full force and effect its corporate existence. Subject to Sections 10.2 and 10.610.5 through 10.7, inclusive, the Company will at all times preserve and keep in full force and effect the corporate existence of each of its Restricted Subsidiaries (unless merged into the Company or a Restricted Subsidiary) and all rights and franchises of the Company and its Restricted Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise could not, individually or in the aggregate, have a Material Adverse Effect.

Appears in 1 contract

Samples: Tetra Tech Inc

Corporate Existence, Etc. The Company will at all times preserve and keep in full force and effect its corporate existence. Subject to Sections 10.2 10.7, 10.8 and 10.610.10, the Company will at all times preserve and keep in full force and effect the corporate existence of each of its Subsidiaries (unless merged merged, consolidated or amalgamated into or with the Company or a another Subsidiary) and all rights and franchises of the Company and its Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise could not, individually or in the aggregate, have a Material Adverse Effect.

Appears in 1 contract

Samples: Hub International (Hub International LTD)

Corporate Existence, Etc. The Company Each Co-Obligor will at all times preserve and keep in full force and effect its corporate existence. Subject to Sections 10.2 and 10.610.9, the Company will at all times preserve and keep in full force and effect the corporate existence of each of its Restricted Subsidiaries (unless merged into the Company or a Restricted Subsidiary) and all rights and franchises of the Company and its Restricted Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise could not, individually or in the aggregate, have a Material Adverse Effect.. 9.6

Appears in 1 contract

Samples: Note Purchase Agreement (Bei Technologies Inc)

Corporate Existence, Etc. The Company will at all times preserve and keep in full force and effect its corporate existence. Subject to Sections 10.2 and 10.6SECTION 8.8, the Company will at all times preserve and keep in full force and effect the corporate existence of each of its Subsidiaries (unless merged into the Company or a Subsidiary) and all rights and franchises of the Company and its Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise could not, individually or in the aggregate, have a Material Adverse Effect.

Appears in 1 contract

Samples: West Marine Inc

Corporate Existence, Etc. The Subject to Sections 10.2 and 10.9, the Company will at all times preserve and keep in full force and effect its their respective corporate existence. Subject to Sections 10.2 or partnership existences (as applicable), and 10.6, the Company will at all times preserve and keep in full force and effect the corporate existence of each of its their Subsidiaries (unless merged into the Company or a Subsidiary) and all rights and franchises of the Company and its Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect the corporate existence of any Subsidiary (other than the Company), or any such corporate existence, right or franchise could not, individually or in the aggregate, have a Material Adverse Effect.

Appears in 1 contract

Samples: Note and Guarantee Agreement (FirstService Corp)

Corporate Existence, Etc. The Company will at all times preserve and keep in full force and effect its corporate existence. Subject to Sections 10.2 10.7 and 10.610.8, the Company will at all times preserve and keep in full force and effect the corporate existence of each of its Subsidiaries (unless merged into the Company or a Wholly-Owned Restricted Subsidiary) and all rights and franchises of the Company and its Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise could would not, individually or in the aggregate, have a Material Adverse Effect.

Appears in 1 contract

Samples: Note Purchase Agreement (Reliance Steel & Aluminum Co)

Corporate Existence, Etc. The Company will shall at all times preserve and keep in full force and effect its corporate existence. Subject to Sections 10.2 10.6 and 10.610.7, the Company will shall at all times preserve and keep in full force and effect the corporate existence of each of its Subsidiaries (unless merged into the Company or a Subsidiary) and all rights and franchises of the Company and its Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise could not, individually or in the aggregate, have a Material Adverse Effect.

Appears in 1 contract

Samples: Note Purchase Agreement (Performance Food Group Co)

Corporate Existence, Etc. The Company will at all times preserve and keep in full force and effect its corporate existence. The Company will at all times be a corporation which operates on a cooperative basis as contemplated under Section 1381 et. seq. of the Code. Subject to Sections 10.2 and 10.6, the Company will at all times preserve and keep in full force and effect the corporate existence of each of its Subsidiaries (unless merged into the Company or a Subsidiary) and all rights and franchises of the Company and its Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise could not, individually or in the aggregate, have a Material Adverse Effect.

Appears in 1 contract

Samples: Note Purchase Agreement (Diamond Foods Inc)

Corporate Existence, Etc. The Company will at all times preserve and keep in full force and effect its corporate existence. Subject to Sections 10.2 , and 10.6, the Company will at all times preserve and keep in full force and effect the corporate corpo­rate existence of each of its Subsidiaries Subsid­iaries (unless merged into the Company or a SubsidiarySub­sidiary) and all rights and franchises fran­chises of the Company Com­pany and its Subsidiaries unless, in the good faith judgment judg­ment of the Company, the termination of or failure to preserve and keep in full force and effect the corporate existence of any Subsidiary or any such corporate existence, right or franchise could not, individually or in the aggregate, have a Material Adverse Effect.

Appears in 1 contract

Samples: Registration Rights Agreement (First Albany Companies Inc)

Corporate Existence, Etc. The Subject to Sections 10.7 and 10.8, the Company will at all times preserve and keep in full force and effect its corporate existence. Subject to Sections 10.2 , and 10.6, the Company will at all times preserve and keep in full force and effect the corporate existence of each of its Subsidiaries (unless merged into the Company or a Subsidiary) and all rights and franchises of the Company and its Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise could not, individually or in the aggregate, have a Material Adverse Effect.

Appears in 1 contract

Samples: Note Purchase Agreement (Zemex Corp)

Corporate Existence, Etc. The Company will at all times preserve and keep in full force and effect its corporate existence. Subject to Sections 10.2 and 10.6Section 10.5, the Company will at all times preserve and keep in full force and effect the corporate existence of each of its Subsidiaries (unless merged into the Company or a Subsidiary) and all rights and franchises of the Company and its Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such the corporate existence, existence of any Subsidiary or any right or franchise could not, individually or in the aggregate, have a Material Adverse Effect.

Appears in 1 contract

Samples: Note Purchase Agreement (CSS Industries Inc)

Corporate Existence, Etc. The Company will at all times preserve and keep in full force and effect its corporate existence. Subject to Sections 10.2 and 10.6, the except as otherwise permitted by paragraph 6D. The Company will at all times preserve and keep in full force and effect the corporate existence of each of its Restricted Subsidiaries (unless merged into the Company or a another Restricted Subsidiary) and all rights and franchises of the Company and its Restricted Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise could not, individually or in the aggregate, have a Material Adverse Effect.

Appears in 1 contract

Samples: Guaranty Agreement (Oil-Dri Corp of America)

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