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 10.10 and 10.11, the Company will at all times preserve and keep in full force and effect the corporate existence of each of the Restricted Subsidiaries (unless merged into the Company or a Restricted Subsidiary) and all rights and franchises of the Company and 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 3 contracts

Samples: Note Purchase Agreement (Nfo Worldwide Inc), Guaranty Agreement (Nfo Worldwide Inc), Note Purchase Agreement (Nfo Worldwide Inc)

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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 10.10 10.3 and 10.1110.4, the Company will at all times preserve and keep in full force and effect the corporate existence of each of the Restricted Subsidiaries Subsidiary (unless merged into the Company or a another Restricted Subsidiary) and all rights and franchises of the Company and the 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 3 contracts

Samples: Note Purchase Agreement (Donaldson Co Inc), Note Purchase Agreement (Donaldson Co Inc), Note Purchase Agreement (Donaldson Co Inc)

Corporate Existence, Etc. The Company will at all times preserve and keep in full force and effect its corporate existence. Subject to Sections 10.10 10.6, 10.7 and 10.1110.8, the Company will at all times preserve and keep in full force and effect the corporate existence of each of the its Restricted Subsidiaries (unless merged into the Company or a Restricted Subsidiary) and all rights and franchises of the Company and the 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 (Elkcorp), Note Purchase Agreement (Elkcorp)

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 10.10 and 10.11, Section 10.2 the Company will at all times preserve and keep in full force and effect the corporate existence of each of the Restricted its Significant Subsidiaries (unless merged into the Company or a Restricted Wholly-Owned Subsidiary) and all rights and franchises of the Company and the Restricted 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 2 contracts

Samples: Note Purchase Agreement (Great Plains Energy Inc), Guaranty Agreement (Westar Energy Inc /Ks)

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 10.10 10.3 and 10.1110.4, the Company will at all times preserve and keep in full force and effect the corporate existence of each of the Restricted Subsidiaries Subsidiary (unless merged into the Company or a Restricted Subsidiary) and all rights and franchises of the Company and the 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 (Belden Inc), Note Purchase Agreement (Belden Inc)

Corporate Existence, Etc. The Subject to Sections 10.4 and 10.5, the Company will at all times preserve and keep its corporate existence in full force and effect its corporate existenceeffect. Subject to Sections 10.10 10.4 and 10.1110.5, the Company will at all times preserve and keep in full force and effect the corporate organizational existence of each of the Restricted its Subsidiaries (unless merged into the Company or a Restricted Wholly-Owned Subsidiary) and all rights and franchises of the Company and the Restricted 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 and Private Shelf Agreement (MGP Ingredients Inc), Note Purchase and Private Shelf Agreement (MGP Ingredients Inc)

Corporate Existence, Etc. The Company will at all times preserve and keep in full force and effect its corporate existence. Subject to Sections 10.10 and 10.1110.8 through 10.10, inclusive, the Company will at all times preserve and keep in full force and effect the corporate existence of each of the its Restricted Subsidiaries (unless merged into the Company or a Restricted Subsidiary) and all rights and franchises of the Company and the 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: Pledge Agreement (Lincare Holdings Inc), Note Purchase Agreement (Lincare Holdings Inc)

Corporate Existence, Etc. The Subject to Section 10.6, the Company will at all times preserve and keep in full force and effect its corporate existence. Subject to Sections 10.10 10.4 and 10.1110.6, the Company will at all times preserve and keep in full force and effect the corporate existence of each of the its Restricted Subsidiaries (unless merged into the Company or a Restricted Subsidiary) and all rights and franchises of the Company and the 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 (Pittston Co), Pittston Co

Corporate Existence, Etc. The Subject to Sections 10.5 and 10.6, the Company will at all times preserve and keep its corporate existence in full force and effect its corporate existenceeffect. Subject to Sections 10.10 10.5 and 10.1110.6, the Company will at all times preserve and keep in full force and effect the corporate existence of each of the Restricted its Subsidiaries (unless merged into the Company or a Restricted Wholly-Owned Subsidiary) and all rights and franchises of the Company and the Restricted 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 (Intrepid Potash, Inc.)

Corporate Existence, Etc. The Company Subject to Sections 10.4 and 10.5, each Obligor will at all times preserve and keep in full force and effect its corporate existence. Subject to Sections 10.10 , and 10.11, the Company will at all times preserve and keep in full force and effect the corporate corporate, partnership or limited liability company existence of each of the Restricted its Subsidiaries (unless merged into the Company any Obligor or a Restricted Subsidiary) and all rights and franchises of the Company such Obligor and the Restricted its Subsidiaries unless, in the good faith judgment of the Companysuch Obligor, the termination of or failure to preserve and keep in full force and effect such corporate corporate, partnership or limited liability company 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: Purchase Agreement (Brady Corp)

Corporate Existence, Etc. The Subject to SECTION 10.8, the Company will at all times preserve and keep in full force and effect its corporate existence. Subject to Sections 10.10 SECTIONS 10.7, 10.8 and 10.1110.9, the Company will at all times preserve and keep in full force and effect the corporate existence of each of the its Restricted Subsidiaries (unless merged into the Company or a Restricted Subsidiary) and all rights and franchises of the Company and the 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 (McGrath Rentcorp)

Corporate Existence, Etc. The Subject to Section 10.2, the Company will at all times preserve and keep in full force and effect its corporate existence. Subject to Sections 10.10 and 10.11, the The Company will at all times preserve and keep in full force and effect the corporate existence of each of the Restricted its Subsidiaries (unless merged into the Company or a Restricted MASTERCARD INTERNATIONAL INCORPORATED 18 NOTE PURCHASE AGREEMENT Subsidiary) and all rights and franchises of the Company and the Restricted 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, financial condition, properties or assets of the Company and its Subsidiaries taken as a whole.

Appears in 1 contract

Samples: Note Purchase Agreement (Mastercard Inc)

Corporate Existence, Etc. The Subject to Sections 10.7 and 10.8 and as permitted by such Sections, the Company will at all times preserve and keep in full force and effect its corporate existence. Subject to Sections 10.10 , and 10.11, the Company will at all times preserve and keep in full force and effect the corporate existence of each of the Restricted its Subsidiaries (unless merged into the Company or a Restricted Wholly-Owned Subsidiary) and all rights and franchises of the Company and the Restricted 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 (K2 Inc)

Corporate Existence, Etc. The Subject to Sections 7.19 and 7.20, the Company will at all times preserve and keep in full force and effect its corporate existence. Subject to Sections 10.10 , and 10.11, the Company will at all times preserve and keep in full force and effect the corporate existence of each of the Restricted its Subsidiaries (unless merged into the Company or a Restricted Wholly-Owned Subsidiary) and all rights and franchises of the Company and the Restricted 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: Pledge Agreement (Homeservices Com Inc)

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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 10.10 , and 10.11, the Company will at all times preserve and keep in full force and effect the corporate existence of each of the its Restricted Subsidiaries (unless merged into the Company or a Restricted Subsidiary) and all rights and franchises of the Company and the 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, to have a Material Adverse Effect.

Appears in 1 contract

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

Corporate Existence, Etc. The Subject to Sections 10.2, the Company will at all times preserve and keep in full force and effect its corporate existence. Subject to Sections 10.10 , and 10.11, the Company will at all times preserve and keep in full force and effect the corporate existence of each of the Restricted its Subsidiaries (unless merged into the Company or a Restricted Subsidiary) and all rights and franchises of the Company and the Restricted 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: Tampa Electric Co

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 10.10 10.4 and 10.1110.5, the Company will at all times preserve and keep in full force and effect the corporate existence of each of the Restricted Subsidiaries Subsidiary (unless merged into the Company or a Restricted Subsidiary) and all rights and franchises of the Company and the 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 (Belden Inc)

Corporate Existence, Etc. The Subject to Section 10.7, the Company will at all times preserve and keep in full force and effect its corporate existence. Subject to Sections 10.10 10.6 and 10.1110.7, inclusive, the Company will at all times preserve and keep in full force and effect the corporate existence of each of the its Restricted Subsidiaries (unless merged into the Company or a Restricted Subsidiary) and all rights and franchises of the Company and the 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: Master Note Purchase Agreement (Regis Corp)

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 10.10 10.4, 10.5 and 10.1110.6, the Company will at all times preserve and keep in full force and effect the corporate corporate, partnership or limited liability company existence of each of the its Restricted Subsidiaries (unless merged into the Company or a Restricted Subsidiary) and all rights and franchises of the Company and the 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 corporate, partnership or limited liability company existence, right or franchise could not, individually or in the aggregate, have a Material Adverse Effect.

Appears in 1 contract

Samples: Master Note Purchase Agreement (Kirby Corp)

Corporate Existence, Etc. The Company Subject to Sections 10.2 and 10.8, the Obligors will at all times preserve and keep in full force and effect its their respective corporate existence. Subject to Sections 10.10 existences, and 10.11, the Company Obligors will at all times preserve and keep in full force and effect the corporate existence of each of the Restricted their Subsidiaries (unless merged into the Company or a Restricted Subsidiary) and all rights and franchises of the Company Obligors and the Restricted their Subsidiaries unless, in the good faith judgment of the CompanyGuarantor, 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 (Midas Inc)

Corporate Existence, Etc. The Company will at all times preserve and keep its legal existence in full force and effect its corporate existenceeffect. Subject to Sections 10.10 and 10.1110.2, the Company will at all times preserve and keep in full force and effect the corporate or other legal existence of each of the Restricted its Subsidiaries (unless merged into the Company or a Restricted Wholly-Owned Subsidiary) and all rights and franchises of the Company and the Restricted 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 or other legal existence, right or franchise could not, individually or in the aggregate, have a Material Adverse Effect. Nothing in this Section 9.5 shall prevent the Company or any Subsidiary from dissolving any Subsidiary that is not an Unencumbered Property Owner Subsidiary.

Appears in 1 contract

Samples: Note Purchase Agreement (Epr Properties)

Corporate Existence, Etc. The Subject to Section 10.2, the Company will, and will cause each Subsidiary to, at all times preserve and keep in full force and effect its corporate existence. Subject to Sections 10.10 10.2 and 10.11, the Company will at all times preserve and keep in full force and effect the corporate existence of each of the Restricted its Subsidiaries (unless merged into the Company or a Restricted Subsidiary) and all rights and franchises of the Company and the Restricted 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 (Hastings Entertainment 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 10.10 10.2 and 10.1110.7, the Company will at all times preserve and keep in full force and effect the corporate existence of each of the Restricted its Significant Subsidiaries (unless merged into the Company or a Restricted Wholly-Owned Subsidiary) and all rights and franchises of the Company and the Restricted 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 (Black Hills Corp /Sd/)

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