Common use of Corporate Existence Clause in Contracts

Corporate Existence. Subject to Article VII, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect the corporate existence, rights (charter and statutory), licenses and franchises of the Company; provided, however, that the Company will not be required to preserve any such existence, right, license or franchise if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not adverse in any material respect to the Holders.

Appears in 40 contracts

Sources: Supplemental Indenture (Onemain Finance Corp), Supplemental Indenture (OneMain Holdings, Inc.), Twenty Second Supplemental Indenture (OneMain Holdings, Inc.)

Corporate Existence. Subject to Article VIIV hereof, the Company will shall do or cause to be done all things necessary to preserve and keep in full force and effect (i) its corporate existence and (ii) the corporate existence, material rights (charter and statutory), licenses and franchises of the CompanyCompany and its Subsidiaries taken as a whole; provided, however, that the Company will shall not be required to preserve any such existence, right, license or franchise if the Board of Directors shall determine determines that the preservation thereof is no longer desirable in the conduct best interests of the business of the Company Company, and that the loss thereof is not adverse in any material respect to the Holders.

Appears in 34 contracts

Sources: Subordinated Indenture (Precipio, Inc.), Senior Indenture (Fuelcell Energy Inc), Subordinated Indenture (Fuelcell Energy Inc)

Corporate Existence. Subject to Article VIIEight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect the its corporate existence, rights (charter and statutory), licenses ) and franchises of the Companyfranchises; provided, however, that the Company will shall not be required to preserve any such existence, right, license right or franchise if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not adverse disadvantageous in any material respect to the Holders.

Appears in 33 contracts

Sources: Indenture (Kirby Corp), Indenture (Xl Group PLC), Indenture (Security Capital Assurance LTD)

Corporate Existence. Subject to Article VIIEight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence and the corporate existence, rights (charter and statutory), licenses ) and franchises of the Company; provided, however, that the Company will shall not be required to preserve any such existence, right, license right or franchise if the Board of Directors Company shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not adverse in any material respect to the HoldersCompany.

Appears in 31 contracts

Sources: Indenture (Curaleaf Holdings, Inc.), Indenture (Cybin Inc.), Indenture (Platinum Group Metals LTD)

Corporate Existence. Subject to Article VII9, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect the its corporate existence, rights (charter and statutory), licenses ) and franchises of the Companyfranchises; provided, however, that the Company will shall not be required to preserve any such existence, right, license right or franchise if if, in the Board judgment of Directors shall determine that the Company, the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not adverse in any material respect to the HoldersCompany.

Appears in 27 contracts

Sources: Indenture (SharonAI Holdings Inc.), Securities Purchase Agreement (SharonAI Holdings Inc.), Indenture (Borr Drilling LTD)

Corporate Existence. Subject to Article VIIV, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect the its corporate existence, existence and rights (charter and statutory), licenses and franchises of the Company; provided, however, that the Company will shall not be required to preserve any such existence, right, license or franchise right if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and its Subsidiaries taken as a whole and that the loss thereof is not adverse in any material respect to the Holders.

Appears in 20 contracts

Sources: Indenture (Biohaven Ltd.), Indenture (Redwood Trust Inc), Indenture (Shift Technologies, Inc.)

Corporate Existence. Subject to Article VII7, the Company will at all times do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence and its rights and franchises; provided that nothing in this Section 9.4 shall prevent the corporate existence, rights (charter and statutory), licenses and franchises abandonment or termination of any right or franchise of the Company; provided, however, Company if it shall be determined that the Company will not be required to preserve any such existence, right, license abandonment or franchise if the Board of Directors shall determine that the preservation thereof termination is no longer desirable in the conduct of the business of the Company and that the loss thereof is not adverse in any material respect to the HoldersCompany.

Appears in 20 contracts

Sources: Subordinated Indenture (Mapco Inc), Senior Subordinated Indenture (Allied Waste Industries Inc), Subordinated Indenture (Allied Waste Industries Inc)

Corporate Existence. Subject to Article VIIVIII, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect the its corporate existence, rights (charter and statutory), licenses and franchises of the Companyfranchises; provided, however, that the Company will not be required to preserve any such existence, right, license or franchise if the Board of Directors it shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not adverse in any material respect to the HoldersCompany.

Appears in 19 contracts

Sources: Indenture (Laredo Midstream Services, LLC), Indenture (Burleson Water Resources, LLC), Indenture (Diamondback Energy, Inc.)

Corporate Existence. Subject to Article VIIEight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect the corporate existence, rights (charter existence and statutory), licenses corporate power and franchises authority of the CompanyCompany and each Restricted Subsidiary; provided, however, that the Company will shall not be required to preserve any such existence, right, license or franchise corporate existence and corporate power and authority if the Board of Directors Company shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not adverse in any material respect to the Holdersits Restricted Subsidiaries taken as a whole.

Appears in 19 contracts

Sources: Indenture (Rogers Communications Inc), Indenture (Rogers Communications Inc), Indenture (Rogers Communications Inc)

Corporate Existence. Subject to Article VII6 hereof, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect the its corporate existence, rights (charter and statutory), licenses ) and franchises of the Companyfranchises; provided, however, that the Company will shall not be required to preserve any such existence, right, license right or franchise if the Board of Directors shall determine Company determines that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not adverse disadvantageous in any material respect to the Holders.

Appears in 17 contracts

Sources: Indenture (Lifetime Brands, Inc), Indenture (Cv Therapeutics Inc), Indenture (Vertex Pharmaceuticals Inc / Ma)

Corporate Existence. Subject to Article VIIEight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence and the corporate existence, rights (charter and statutory), licenses ) and franchises of the CompanyCompany and any Restricted Subsidiary; provided, however, that the Company will shall not be required to preserve any such existence, right, license right or franchise if the Board of Directors Company shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not adverse in any material respect to the Holdersits Subsidiaries as a whole.

Appears in 15 contracts

Sources: Indenture (Encana Corp), Indenture (Encana Corp), Indenture (Encana Corp)

Corporate Existence. Subject to Article VIIVIII, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect the its corporate existence, rights (charter and statutory), licenses ) and franchises of the Companyfranchises; provided, however, that the Company will shall not be required to preserve any such existence, right, license right or franchise if the Board of Directors Company shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not adverse in any material respect to the HoldersCompany.

Appears in 14 contracts

Sources: Indenture (Midamerican Energy Co), Indenture (Sierra Pacific Power Co), Indenture (Pacificorp /Or/)

Corporate Existence. Subject to Article VIIVIII, the Company will shall do or cause to be done all things necessary to preserve and keep in full force and effect the its corporate existence, existence in accordance with its organizational documents and its rights (charter and statutory), licenses ) and franchises of the Companycorporate franchises; provided, howeverhowever , that the Company will shall not be required to preserve any such existenceright or franchise, right, license or franchise if (a) the Board of Directors of the Company shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that (b) the loss thereof is not adverse disadvantageous in any material respect to the Holders.

Appears in 14 contracts

Sources: Indenture (FMC Corp), Indenture (FMC Corp), Indenture (FMC Corp)

Corporate Existence. Subject to Article VIIVI, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect the its corporate existence, rights (charter and statutory), licenses ) and franchises of the Companyfranchises; provided, however, that the Company will shall not be required to preserve any such existence, right, license right or franchise if the Board of Directors Company shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not adverse disadvantageous in any a material respect to the Holders.

Appears in 13 contracts

Sources: Indenture (Celgene Corp /De/), Indenture (Celgene Corp /De/), Indenture (Celgene Corp /De/)

Corporate Existence. Subject to Article VIIEight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence and the corporate existence, rights (charter and statutory), licenses ) and franchises of the Company; provided, however, that the Company will shall not be required to preserve any such existence, right, license right or franchise if the Board of Directors Company shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and its Subsidiaries as a whole and that the loss thereof is not adverse disadvantageous in any material respect to the Holders.

Appears in 13 contracts

Sources: Indenture (Profound Medical Corp.), Indenture (Profound Medical Corp.), Indenture (Triple Flag Precious Metals Corp.)

Corporate Existence. Subject to the rights of the Company under Article VIIXII, the Company will shall do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence and the corporate existence, rights (charter and statutory), licenses ) and franchises of the Company; provided, however, that the Company will shall not be required to preserve any such existence, right, license right or franchise if if, in the Board judgment of Directors shall determine that the Company, the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not adverse in any material respect to the HoldersCompany.

Appears in 12 contracts

Sources: Subordinated Indenture (Great Plains Energy Inc), Indenture for Senior Debt Securities (KCPL Financing Ii), Subordinated Indenture (Great Plains Energy Inc)

Corporate Existence. Subject to Article VIIEight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect the its corporate existence, rights (charter and statutory), licenses ) and franchises of the Companyfranchises; provided, however, that the Company will shall not be required to preserve any such existence, right, license right or franchise if the Board of Directors Company shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not adverse in any material respect to the HoldersCompany.

Appears in 11 contracts

Sources: Indenture (Monsanto Co), Indenture (Airtran Holdings Inc), Indenture (Sabre Holding Corp)

Corporate Existence. Subject to Article VIIVIII, the Company will shall do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence in accordance with its organizational documents and the corporate existence, rights (charter and statutory), licenses ) and corporate franchises of the Company; provided, however, that the Company will shall not be required to preserve preserve, with respect to itself, any such existenceright or franchise, right, license or franchise if (a) the Board of Directors of the Company shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that (b) the loss thereof is not adverse disadvantageous in any material respect to the Holders.

Appears in 9 contracts

Sources: Indenture (PPG Industries Inc), Indenture (PPG Industries Inc), Indenture (United States Steel Corp)

Corporate Existence. Subject to Article VIIEight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect the corporate existence, rights (charter and statutory), licenses ) and franchises of the CompanyCompany and each Subsidiary; provided, however, that the Company will shall not be required to preserve any such existence, right, license right or franchise if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and its Subsidiaries as a whole and that the loss thereof is not adverse disadvantageous in any material respect to the Holders.

Appears in 9 contracts

Sources: Indenture (Applied Extrusion Technologies Inc /De), Indenture (Leitesol Industry & Commerce Inc.), Indenture (Cd Radio Inc)

Corporate Existence. Subject to Except as otherwise provided in Article VIIIV, the Company will shall do or cause to be done all things necessary to preserve and keep in full force and effect the corporate its existence, rights (charter and statutory), licenses and franchises of the Companyfranchises; provided, however, that the Company will shall not be required to preserve any such existence, right, license or franchise if the Board of Directors it shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not adverse in any material respect to the HoldersCompany.

Appears in 9 contracts

Sources: Indenture (CNX Resources Corp), Indenture (CNX Resources Corp), Indenture (CNX Resources Corp)

Corporate Existence. Subject to Article VIIV, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence and the corporate existence, rights (charter and statutory), licenses and franchises of the Company; provided, however, that the Company will shall not be required to preserve any such existence, right, license or franchise if the Board of Directors shall determine it determines that the preservation thereof is no longer desirable in the conduct of the business of the Company and its Subsidiaries taken as a whole and that the loss thereof is not adverse in any material respect to the Holders.

Appears in 9 contracts

Sources: Subordinated Debt Securities Indenture (First Guaranty Bancshares, Inc.), Indenture (First Guaranty Bancshares, Inc.), Indenture (Esquire Financial Holdings, Inc.)

Corporate Existence. Subject to Except as otherwise permitted under Article VIIEight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect the its corporate existence, existence and will use its best efforts to do or cause to be done all things necessary to preserve and keep in full force and effect its rights (charter and statutory), licenses ) and franchises of the Companyfranchises; provided, however, that the Company will shall not be required to preserve any such existence, right, license right or franchise if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not adverse in any material respect to the HoldersCompany.

Appears in 8 contracts

Sources: Indenture (Energy East Corp), Indenture (New York State Electric & Gas Corp), Indenture (Public Service Co of Oklahoma)

Corporate Existence. Subject to Article VII8, the Company will shall do or cause to be done all things necessary to preserve and keep in full force and effect the its corporate existence, existence and rights (charter and statutory), licenses ) and franchises of the Companyfranchises; provided, however, that the foregoing shall not obligate the Company will not be required to preserve any such existence, right, license right or franchise if the Board of Directors Company shall determine that the preservation thereof is no longer desirable in the conduct of the its business of the Company and that the loss thereof is not adverse disadvantageous in any material respect to the Holdersany Holder.

Appears in 8 contracts

Sources: Indenture (Validus Holdings (UK) PLC), Indenture (Validus Holdings (UK) PLC), Junior Subordinated Indenture (Partnerre LTD)

Corporate Existence. Subject to Article VIIIV, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence and the corporate existence, rights (charter and statutory), ) licenses and franchises of the Company; provided, however, that the Company will shall not be required to preserve any such existence, right, license or franchise if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company Company, and that the loss thereof is not, and will not adverse be, disadvantageous in any material respect to the Holders.

Appears in 8 contracts

Sources: Indenture (Aar Corp), Indenture (Aar Corp), Indenture (Aar Corp)

Corporate Existence. Subject to Article VIIV, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect the its corporate existence, rights (charter and statutory), licenses ) and franchises of the Companyfranchises; provided, however, that the Company will not be required to preserve any such existence, right, license right or franchise if the Board of Directors shall determine determines that the preservation thereof of the right or franchise is no longer desirable in the conduct of the business of the Company and that the its loss thereof is will not adverse be disadvantageous in any material respect to the HoldersHolders of the Notes.

Appears in 8 contracts

Sources: Indenture (Lennar Corp /New/), Indenture (Lennar Corp /New/), Indenture (Lennar Corp /New/)

Corporate Existence. Subject to Article VIIVIII, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect the its corporate existence, rights (charter and statutory), licenses ) and franchises of the Companyfranchises; provided, however, that the Company will shall not be required to preserve any such existence, right, license right or franchise if if, in the Board judgment of Directors shall determine that the Company, the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not adverse disadvantageous in any material respect to the HoldersHolders of Securities of any series or Tranche in any material respect.

Appears in 7 contracts

Sources: Indenture (Core Molding Technologies Inc), Indenture (Core Molding Technologies Inc), Indenture (Fox Factory Holding Corp)

Corporate Existence. Subject to Article VIIV, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence and the corporate existence, rights (charter and statutory), licenses and franchises of the Company; provided, however, that the Company will shall not be required to preserve any such existence, right, license or franchise if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and its Subsidiaries taken as a whole and that the loss thereof is not adverse in any material respect to the Holders.

Appears in 7 contracts

Sources: Senior Debt Indenture (Ameris Bancorp), Subordinated Indenture (Mercantile Bank Corp), Indenture (United Community Banks Inc)

Corporate Existence. Subject to Article VIIEight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect the its corporate existence, existence and will use its best efforts to do or cause to be done all things necessary to preserve and keep in full force and effect its rights (charter and statutory), licenses ) and franchises of the Companyfranchises; provided, however, that the Company will shall not be required to preserve any such existence, right, license right or franchise if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not adverse in any material respect to the HoldersCompany.

Appears in 7 contracts

Sources: Indenture (Western Massachusetts Electric Co), Indenture (Public Service Co of Oklahoma), Indenture (Central Power & Light Co /Tx/)

Corporate Existence. Subject to Article VII6, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect the its corporate existence, rights (charter and statutory), licenses ) and franchises of the Companyfranchises; provided, however, that the Company will shall not be required to preserve any such existence, right, license right or franchise if the Board of Directors shall determine Company determines that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not adverse disadvantageous in any material respect to the Holders.

Appears in 6 contracts

Sources: Indenture (L 3 Communications Holdings Inc), Indenture (Foster Wheeler LTD), Indenture (Curagen Corp)

Corporate Existence. Subject to Article VIIX hereof, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence and the corporate existence, rights (charter and statutory), licenses ) and franchises of the Company; provided, however, that the Company will shall not be required to preserve any such existence, right, license right or franchise if the Board of Directors Company shall determine that the preservation thereof is no longer desirable in the conduct of the its business of the Company and that the loss thereof is not adverse disadvantageous in any material respect to the Holdersholders of Debt Securities.

Appears in 6 contracts

Sources: Indenture, Indenture (Constellation Brands, Inc.), Indenture (Constellation Brands, Inc.)

Corporate Existence. Subject to Article VIIV, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect the its corporate existence, rights (charter and statutory), licenses ) and franchises of the Companyfranchises; provided, however, that the Company will not be required to preserve any such existence, right, license right or franchise if the Board of Directors shall determine determines that the preservation thereof of the right or franchise is no longer desirable in the conduct of the business of the Company and that the its loss thereof is will not adverse be disadvantageous in any material respect to the HoldersHolders of Securities of any series.

Appears in 6 contracts

Sources: Indenture (Ready Capital Corp), Indenture (Hannon Armstrong Sustainable Infrastructure Capital, Inc.), Indenture (Sutherland Asset Management Corp)

Corporate Existence. Subject to Article VIIVIII, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect the its corporate existence, rights (charter and statutory), licenses ) and franchises of the Companyfranchises; provided, however, that the Company will shall not be required to preserve any such existence, right, license right or franchise if the Board of Directors Company shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not adverse disadvantageous in any material respect to the Holders.

Appears in 6 contracts

Sources: Indenture (Hanover Insurance Group, Inc.), Indenture (GT Advanced Technologies Inc.), Indenture (GT Advanced Technologies Inc.)

Corporate Existence. Subject to Article VIIEight, the Company will shall do or cause to be done all things necessary to preserve and keep in full force and effect the its corporate existence, rights (charter and statutory), licenses and franchises of the Companyfranchises; provided, however, that the Company will shall not be required to preserve any such existence, right, license or franchise if the Board of Directors shall determine of the Company determines that the preservation thereof is no longer desirable in the conduct of the business of the Company and its Subsidiaries taken as a whole and that the loss thereof is not adverse disadvantageous in any material respect to the Holders.

Appears in 6 contracts

Sources: Indenture (Bay View Capital Corp), Indenture (Bay View Capital Corp), Indenture (Bay View Capital Corp)

Corporate Existence. Subject to Article VIIEight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence and the corporate existence, rights (charter and statutory), licenses ) and franchises of the Company; provided, however, that the Company will shall not be required to preserve any such existence, right, license right or franchise if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company Company, and that the loss thereof is not adverse disadvantageous in any material respect to the Holders.

Appears in 5 contracts

Sources: Subordinated Note Indenture (Pg&e Corp), Subordinated Debenture Indenture (Southern Investments Uk Capital Trust I), Subordinated Debenture Indenture (PPL Electric Utilities Corp)

Corporate Existence. Subject to Article VIIEight, the Company Corporation will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence and the corporate existence, rights (charter and statutory), licenses ) and franchises of the CompanyCorporation and any Restricted Subsidiary; provided, however, that the Company will Corporation shall not be required to preserve any such existence, right, license right or franchise if the Board of Directors Corporation shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company Corporation and that the loss thereof is not adverse in any material respect to the Holdersits Subsidiaries as a whole.

Appears in 5 contracts

Sources: Indenture (Ovintiv Inc.), Indenture (Ovintiv Inc.), Indenture (Encana Corp)

Corporate Existence. Subject to Article VIIEight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect the its corporate existence, rights (charter existence and statutory), all licenses and franchises permits material to the normal conduct of the Companyits business; provided, however, that the Company will shall not be required to preserve any such existence, right, license right or franchise if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not adverse disadvantageous in any material respect to the Holders.

Appears in 5 contracts

Sources: Indenture (Ormat Technologies, Inc.), Indenture (Ormat Technologies, Inc.), Indenture (Ipc Holdings LTD)

Corporate Existence. Subject to Article VIIEight, the Company Corporation will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence and the corporate existence, rights (charter and statutory), licenses ) and franchises of the CompanyCorporation and its Subsidiaries; provided, however, that the Company will Corporation shall not be required to preserve any such existence, right, license right or franchise if the Board of Directors Corporation shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not adverse in any material respect to the HoldersCorporation.

Appears in 5 contracts

Sources: Indenture (Nutrien Ltd.), Indenture (Nutrien Ltd.), Indenture (Agrium Inc)

Corporate Existence. Subject to Article VII10 hereof, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect the its corporate existence, existence and rights (charter and statutory), licenses and franchises of the Company; provided, however, that the Company will shall not be required to preserve any such existence, right, license right or franchise if the Board of Directors shall determine Company determines that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not adverse disadvantageous in any material respect to the Holders.

Appears in 5 contracts

Sources: Indenture (Mannkind Corp), Indenture (Mannkind Corp), Indenture (Mannkind Corp)

Corporate Existence. Subject to Article VIIXII, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect the its corporate existence, existence and rights (charter and statutory), licenses and franchises of the Company; provided, however, that the Company will shall not be required to preserve any such existence, right, license or franchise right if the Board of Directors shall determine in good faith that the preservation thereof is no longer desirable in the conduct of the Company's business of the Company and that the loss thereof is not, and will not be, adverse in any material respect to the Holders.

Appears in 5 contracts

Sources: Indenture (Atlantic Coast Airlines Inc), Indenture (Atlantic Coast Airlines Inc), Purchase Agreement (Alterra Healthcare Corp)

Corporate Existence. Subject to Article VIIVIII, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect the its corporate existence, rights (charter and statutory), licenses ) and franchises of the Companyfranchises; provided, however, that the Company will shall not be required to preserve any such existence, right, license right or franchise if the Board of Directors of the Company shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not adverse disadvantageous in any material respect to the Holders.

Appears in 5 contracts

Sources: Convertible Subordinated Notes Agreement (America Online Inc), Convertible Subordinated Notes Agreement (Rite Aid Corp), Indenture (Genesco Inc)

Corporate Existence. Subject to Article VIIEight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence and that of each Restricted Subsidiary and the corporate existence, rights (charter and statutory), licenses ) and franchises of the CompanyCompany and each Restricted Subsidiary; provided, however, that the Company will shall not be required to preserve any such existence, right, license right or franchise if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not adverse in any material respect to the Holdersits Subsidiaries as a whole.

Appears in 5 contracts

Sources: Indenture (Aircastle LTD), Indenture (Aircastle LTD), Indenture (Forida East Coast Railway L.L.C.)

Corporate Existence. Subject to Article VIIEight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect the its corporate existence, rights (charter and statutory), licenses ) and franchises of the Companyfranchises; provided, however, that the Company will shall not be required to preserve any such existence, right, license right or franchise if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not adverse disadvantageous in any material respect to the Holders.

Appears in 5 contracts

Sources: Indenture (Mondelez International, Inc.), Indenture (Kraft Foods Inc), Indenture (Philip Morris Companies Inc)

Corporate Existence. Subject to Article VIIARTICLE IV, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence and the corporate existence, rights (charter and statutory), licenses and franchises of the Company; provided, however, that the Company will shall not be required to preserve any such existence, right, license or franchise franchise, if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company taken as a whole and that the loss thereof is not adverse in any material respect to the Holders.

Appears in 5 contracts

Sources: Indenture (Genta Inc De/), Indenture (Genta Inc De/), Indenture (Genta Inc De/)

Corporate Existence. Subject to Article VIIV, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect the its corporate existence, in accordance with its organizational documents, and the rights (charter and statutory), licenses and franchises of the Company; provided, however, that the Company will shall not be required to preserve any such existence, right, license or franchise if in the judgment of the Board of Directors shall determine that the such preservation thereof or existence is no longer desirable in not material to the conduct of the business of the Company and that the loss thereof is not adverse in any material respect to the HoldersCompany.

Appears in 4 contracts

Sources: Exchange Agreement (James River Coal CO), Indenture (James River Coal CO), Indenture (BPZ Resources, Inc.)

Corporate Existence. Subject to Article VIIEight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence and the corporate existence, rights (charter and statutory), licenses ) and franchises of the CompanyCompany and any Subsidiary; provided, however, that the Company will shall not be required to preserve any such existence, right, license right or franchise if the Board of Directors Company shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not adverse in any material respect to the Holdersits Subsidiaries as a whole.

Appears in 4 contracts

Sources: Indenture (Kerr McGee Corp /De), Indenture (Kerr McGee Corp /De), Indenture (Hub International LTD)

Corporate Existence. Subject to Article VIIV, the Company will Corporation shall do or cause to be done all things necessary to preserve and keep in full force and effect the its corporate existence, rights (charter and statutory), licenses ) and franchises of the Companyfranchises; provided, however, that the Company will Corporation shall not be required to preserve any such existence, right, license right or franchise if the its Board of Directors or a committee thereof shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company Corporation and that the loss thereof is not adverse disadvantageous in any material respect to the HoldersOwners or Holders of the Warrants, as the case may be.

Appears in 4 contracts

Sources: Warrant Agreement (UBS Preferred Funding Trust VIII), Debt Warrant Agreement (Ubs Preferred Funding Trust Iv), Warrant Agreement (Ubs Preferred Funding Trust Iv)

Corporate Existence. Subject to Article VII8, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect the its corporate existence, rights (charter and statutory), licenses ) and franchises of the Companyfranchises; provided, however, that the Company will shall not be required to preserve any such existence, right, license right or franchise if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not adverse disadvantageous in any material respect to the Holders.

Appears in 4 contracts

Sources: Indenture (Pitney Bowes Inc /De/), Indenture (Pope & Talbot Inc /De/), Indenture (Pitney Bowes Inc /De/)

Corporate Existence. Subject to Article VIIV, the Company will shall do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence in accordance with its organizational documents and the corporate existence, rights (charter and statutory), licenses ) and corporate franchises of the Company; provided, however, that the Company will shall not be required to preserve any such existenceright or franchise, rightif (a) the Company shall, license or franchise if the Board of Directors shall in good faith, reasonably determine that the preservation thereof is no longer desirable in the conduct of the its business of the Company and that (b) the loss thereof is not adverse disadvantageous in any material respect to the Holders.

Appears in 4 contracts

Sources: Indenture (Gamco Investors, Inc. Et Al), Indenture (Gamco Investors, Inc. Et Al), Indenture (Mueller Industries Inc)

Corporate Existence. Subject to Article VIIEight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence and that of each Subsidiary and the corporate existence, rights (charter and statutory), licenses ) and franchises of the CompanyCompany and each Subsidiary; provided, however, that the Company will shall not be required to preserve any such existence, right, license right or franchise if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not adverse in any material respect to the Holdersits Subsidiaries as a whole.

Appears in 4 contracts

Sources: Indenture (Aircastle LTD), Indenture (Aircastle LTD), Indenture (Aircastle LTD)

Corporate Existence. Subject to Article VIIVIII, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect the corporate its existence, rights (charter and statutory), licenses ) and franchises of the Companyfranchises; provided, however, that the Company will shall not be required to preserve any such existence, right, license right or franchise if the Board of Directors in good faith shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not adverse disadvantageous in any material respect to the Holders.

Appears in 4 contracts

Sources: Indenture (Overseas Shipholding Group Inc), Indenture (Overseas Shipholding Group Inc), Indenture (Rite Aid Corp)

Corporate Existence. Subject to Article VIIEight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence and the corporate existence, rights (charter and statutory), licenses ) and franchises of the CompanyCompany and its Subsidiaries; provided, however, that the Company will shall not be required -------- ------- to preserve any such existence, right, license right or franchise if the Board of Directors it shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and/or any Subsidiary and that the loss thereof is not adverse disadvantageous in any material respect to the Holders.

Appears in 4 contracts

Sources: Indenture (Nationwide Health Properties Inc), Indenture (Nationwide Health Properties Inc), Indenture (Nationwide Health Properties Inc)

Corporate Existence. Subject to Article VIIVIII, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect the its corporate existence, rights (charter and statutory), licenses ) and franchises of the Companyfranchises; provided, however, that the Company will shall not be required to preserve any such existence, right, license right or franchise if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not adverse disadvantageous in any material respect to the Holders.

Appears in 4 contracts

Sources: Indenture (Xl Group PLC), Indenture (Xl Group PLC), Indenture (XL Group Ltd.)

Corporate Existence. Subject to Article VIIEight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect the its corporate existence, rights (charter and statutory), licenses and franchises of the Company; provided, however, that the Company will shall not be required to preserve any such existence, right, license right or franchise if the Board of Directors Company shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not adverse disadvantageous in any material respect to the Holders.

Appears in 4 contracts

Sources: Subordinated Indenture (Union Bankshares Corp), Subordinated Indenture (BNC Bancorp), Subordinated Indenture (Eagle Bancorp Inc)

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

Appears in 4 contracts

Sources: Indenture (CNL American Properties Fund Inc), Indenture (American Spectrum Realty Inc), Indenture (CNL American Properties Fund Inc)

Corporate Existence. Subject to Article VIIVIII, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect the its corporate existence, rights (charter and statutory), licenses ) and franchises of the Companyfranchises; provided, however, that the Company will shall not be required to preserve any such existence, right, license right or franchise if the Board of Directors or senior management of the Company shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not adverse disadvantageous in any material respect to the Holders.

Appears in 4 contracts

Sources: Indenture (Financial Security Assurance Holdings LTD), Indenture (Nelnet Inc), Indenture (Nelnet Inc)

Corporate Existence. Subject to Article VIIVIII, the Company will shall do or cause to be done all things necessary to preserve and keep in full force and effect the its corporate existence, existence in accordance with its organizational documents and its rights (charter and statutory), licenses ) and franchises of the Companycorporate franchises; provided, however, that the Company will shall not be required to preserve any such existenceright or franchise, right, license or franchise if (a) the Board of Directors of the Company shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that (b) the loss thereof is not adverse disadvantageous in any material respect to the Holders.

Appears in 4 contracts

Sources: Indenture (Church & Dwight Co Inc /De/), Indenture (Church & Dwight Co Inc /De/), Indenture (Susquehanna Bancshares Inc)

Corporate Existence. Subject to Article VIIV, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence and the corporate existence, rights (charter and statutory), licenses and franchises of the Company; provided, however, that the Company will shall not be required to preserve any such existence, right, license or franchise franchise, if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and its Subsidiaries taken as a whole and that the loss thereof is not adverse in any material respect to the Holders.

Appears in 4 contracts

Sources: Indenture (electroCore, Inc.), Indenture (electroCore, Inc.), Indenture (Discovery Laboratories Inc /De/)

Corporate Existence. Subject to Article VIIEight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect the its corporate existence, rights (charter and statutory), licenses ) and franchises of the Companyfranchises; provided, however, -------- ------- that the Company will shall not be required to preserve any such existence, right, license right or franchise if the Board of Directors Company shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not adverse in any material respect to the HoldersCompany.

Appears in 3 contracts

Sources: Indenture (Monsanto Co), Indenture Agreement (Brookdale Living Communities Inc), Indenture Agreement (Brookdale Living Communities Inc)

Corporate Existence. Subject to Article VIIIX, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect the its corporate existence, rights (charter and statutory)) and franchises; PROVIDED, licenses and franchises of the Company; provided, howeverHOWEVER, that the Company will shall not be required to preserve any such existence, right, license right or franchise if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not adverse disadvantageous in any material respect to the Holders.

Appears in 3 contracts

Sources: Supplemental Indenture (Old Dominion Electric Cooperative), Indenture (Old Dominion Electric Cooperative), Supplemental Indenture (Old Dominion Electric Cooperative)

Corporate Existence. Subject to Article VIIVIII, the Company will shall do or cause to be done all things necessary to preserve and keep in full force and effect the its corporate existence, existence in accordance with its organizational documents and its rights (charter and statutory)) and corporate franchises; provided , licenses and franchises of the Company; provided, howeverhowever , that the Company will shall not be required to preserve any such existenceright or franchise, right, license or franchise if (a) the Board of Directors of the Company shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that (b) the loss thereof is not adverse disadvantageous in any material respect to the Holders.

Appears in 3 contracts

Sources: Indenture (Church & Dwight Co Inc /De/), Indenture (Church & Dwight Co Inc /De/), Indenture (FMC Corp)

Corporate Existence. Subject to Article VIIARTICLE VIII, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect the its corporate existence, rights (charter and statutory), licenses ) and franchises of the Companyfranchises; provided, however, that the Company will shall not be required to preserve any such existence, right, license right or franchise if the Board of Directors Company shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not adverse in any material respect to the HoldersCompany.

Appears in 3 contracts

Sources: Indenture (D & K Healthcare Resources Inc), Indenture (D & K Healthcare Resources Inc), Indenture (D & K Healthcare Resources Inc)

Corporate Existence. Subject to Article VIIEight, the Company will shall do or cause to be done all things necessary to preserve and keep in full force and effect the its corporate existence, rights (charter and statutory), licenses ) and franchises of the Companyfranchises; provided, however, that the Company will shall not be required to preserve any such existence, right, license right or franchise if the Board of Directors Company shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not adverse in any material respect to the Holdersits Subsidiaries taken as a whole.

Appears in 3 contracts

Sources: Indenture (Mineracao Maraca Industria E Comercio S.A.), Indenture (Teck Metals Ltd.), Indenture (Teck Cominco LTD)

Corporate Existence. Subject to Article VIIEight, the Company will shall do or cause to be done all things necessary to preserve and keep in full force and effect the its corporate existence, existence and its rights (charter and statutory), licenses ) and franchises of the Companyfranchises; provided, however, that the foregoing shall not obligate the Company will not be required to preserve any such existence, right, license right or franchise if the Board of Directors Company shall determine that the preservation thereof is no longer desirable in the conduct of the its business of the Company and that the loss thereof is not adverse disadvantageous in any material respect to the Holdersany Holder.

Appears in 3 contracts

Sources: Indenture (Inmc Mortgage Holdings Inc), Indenture (Inmc Mortgage Holdings Inc), Indenture (Hercules Inc)

Corporate Existence. Subject to Article VIIVIII, the Company will shall do or cause to be done all things necessary to preserve and keep in full force and effect the its corporate existence, existence in accordance with its organizational documents and its rights (charter and statutory), licenses ) and franchises of the Companycorporate franchises; provided, however, that the Company will shall not be required to preserve any such existenceright or franchise, right, license or franchise if the Board of Directors Company shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not adverse in any material respect to the Holdersits Subsidiaries, taken as a whole.

Appears in 3 contracts

Sources: Indenture (New York Times Co), Indenture (New York Times Co), Indenture (RCC Western Stores, Inc.)

Corporate Existence. Subject to Article VIIEight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect the its corporate existence, rights (charter and statutory), licenses ) and franchises of the Companyfranchises; provided, however, -------- ------- that the Company will shall not be required to preserve any such existence, right, license right or franchise if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not adverse disadvantageous in any material respect to the Holders.

Appears in 3 contracts

Sources: Indenture (Alco Standard Corp), Indenture (Ikon Office Solutions Inc), Indenture (Alco Capital Resource Inc)

Corporate Existence. Subject to Article VIIVIII, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect the its corporate existence, rights (charter and statutory), licenses ) and franchises of the Companyfranchises; provided, however, that the Company will shall not be required to preserve any such existence, right, license 50 right or franchise if the Board of Directors Company shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not adverse in any material respect to the HoldersCompany.

Appears in 3 contracts

Sources: Indenture (Midamerican Energy Co), Indenture (Midamerican Energy Co), Indenture (Midamerican Energy Co)

Corporate Existence. Subject to Article VIIVIII, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect the its corporate existence, existence and rights (charter and statutory), licenses and franchises of the Company; provided, however, that the Company will shall not be required to preserve any such existence, right, license right if an Officer (evidenced by an Officer’s Certificate) or franchise if the Board of Directors of the Company shall determine that the preservation thereof is no longer necessary or desirable in the conduct of the business of the Company and that the loss thereof is not adverse in any material respect to the HoldersCompany.

Appears in 3 contracts

Sources: Indenture (Terex Corp), Indenture (Terex Corp), Indenture (Terex Corp)

Corporate Existence. Subject to Article VIIEight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect the corporate existence, rights (charter and statutory), licenses ) and franchises of the CompanyCompany and each Subsidiary; provided, however, that the Company will shall not be required to preserve any such existence, right, license right or franchise if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not adverse disadvantageous in any material respect to the HoldersHolder.

Appears in 3 contracts

Sources: Convertible Subordinated Debenture (Hub International LTD), Convertible Subordinated Debenture (Hub International LTD), Debenture (Hub International LTD)

Corporate Existence. Subject to Article VIIVIII, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence and the corporate existence, rights (charter and statutory), licenses ) and franchises of the Company; provided, however, that the Company will shall not be required to preserve any such existence, right, license right or franchise if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not adverse in any material respect to the HoldersCompany.

Appears in 3 contracts

Sources: Indenture (WPS Resources Corp), Indenture (WPS Resources Corp), Indenture (WPS Resources Corp)

Corporate Existence. Subject to Article VIIARTICLE 11, the Company will shall do or cause to be done all things necessary to preserve and keep in full force and effect the corporate existence, its legal existence and rights (charter and statutory), licenses ) and franchises of the Companyfranchises; provided, however, that the foregoing shall not obligate the Company will not be required to preserve any such existence, right, license right or franchise if the Board of Directors Company shall determine that the preservation thereof is no longer desirable in the conduct of the its business of the Company and that the loss thereof is not adverse disadvantageous in any material respect to the Holdersany Holder.

Appears in 3 contracts

Sources: Subordinated Indenture (Aspen Insurance Holdings LTD), Junior Subordinated Indenture (Endurance Specialty Holdings LTD), Subordinated Indenture (MRH Capital Trust I)

Corporate Existence. Subject to Article VIIEight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect the its corporate existence, rights (charter and statutory), licenses ) and franchises of the Companyfranchises; provided, however, that the Company will shall not be required to preserve any such existence, right, license right or franchise if the Board of Directors Company shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not adverse disadvantageous in any a material respect to the Holders.

Appears in 3 contracts

Sources: Indenture (Atlas Air Worldwide Holdings Inc), Indenture (Atlas Air Worldwide Holdings Inc), Indenture (Atlas Air Worldwide Holdings Inc)

Corporate Existence. Subject to the rights of the Company under Article VIIXIII, the Company will shall do or cause to be done all things necessary to preserve and keep in full force and effect its existence and the corporate existence, rights (charter and statutory), licenses ) and franchises of the Company; provided, however, that the Company will shall not be required to preserve any such existence, right, license right or franchise if if, in the Board judgment of Directors shall determine that the Company, the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is would not adverse adversely affect the interests of the Holders in any material respect to the Holdersrespect.”

Appears in 2 contracts

Sources: Seventh Supplemental Indenture (FirstEnergy Solutions Corp.), Fourth Supplemental Indenture (FirstEnergy Solutions Corp.)

Corporate Existence. Subject to Article VIIIV, the Company will shall do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence and the corporate existence, rights (charter and statutory), licenses ) and franchises corporate franchise of the Company; provided, however, that the Company will shall not be required to preserve any such existence, right, license right or corporate franchise if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not adverse disadvantageous in any material respect to the Holders.

Appears in 2 contracts

Sources: Indenture (Home Holdings Inc), Indenture (Home Holdings Inc)

Corporate Existence. Subject to Article VIIX hereof, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence and the corporate existence, rights (charter and statutory), licenses ) and franchises of the Company; provided, however, that the Company will shall not be required to preserve any such existence, right, license right or franchise if the Board of Directors Company shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and its subsidiaries as a whole and that the loss thereof is not adverse disadvantageous in any material respect to the HoldersHolders of Debt Securities.

Appears in 2 contracts

Sources: Indenture (Omnova Solutions Inc), Indenture (Omnova Solutions Inc)

Corporate Existence. Subject to Article VIIXI, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect the its corporate existence, rights (charter and statutory)) and franchises; PROVIDED, licenses and franchises of the Company; provided, howeverHOWEVER, that the Company will shall not be required to preserve any such existence, right, license right or franchise if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not adverse disadvantageous in any material respect to the Holders.

Appears in 2 contracts

Sources: Indenture (Basin Electric Power Cooperative), Indenture (Oglethorpe Power Corp)

Corporate Existence. Subject to Article VIIVIII, the Company will shall do or cause to be done all things necessary to preserve and keep in full force and effect the its corporate existence, existence and material rights and franchises (charter and statutory), licenses and franchises of the Company; provided, howeverthat, that neither the Company will not shall be required to preserve any such existence, right, license right or franchise if the Board of Directors it shall determine that the preservation thereof is no longer necessary or desirable in the conduct of the business of the Company Company; and provided further, however, that the loss thereof is foregoing shall not adverse prohibit a sale, transfer or conveyance of a Subsidiary or any of its assets in any material respect to compliance with the Holdersterms of the Indenture.

Appears in 2 contracts

Sources: Indenture (Molina Healthcare Inc), Indenture (Molina Healthcare Inc)

Corporate Existence. Subject to Article VIIIX, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence and the corporate existence, rights (charter and statutory), licenses and franchises of the CompanyCompany and its Subsidiaries; provided, however, that the Company will shall not be required to preserve any such existence, right, license or franchise if franchise, if, in the Board judgment of Directors shall determine that the Company, the preservation thereof is no longer desirable in the conduct of the business of the Company and that its Subsidiaries taken as a whole and the loss thereof is not adverse disadvantageous in any material respect to the HoldersSecurityholders.

Appears in 2 contracts

Sources: Indenture (Quadramed Corp), Subordinated Indenture (Quadramed Corp)

Corporate Existence. Subject to Article VII7, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect the its corporate existence, rights (charter and statutory), licenses ) and franchises of the Companyfranchises; provided, however, that the Company will shall not be required to preserve any such existence, right, license right or franchise if if, in the Board judgment of Directors shall determine that the Company, the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not adverse in any material respect to the HoldersCompany.

Appears in 2 contracts

Sources: Indenture, Indenture (Aegean Marine Petroleum Network Inc.)

Corporate Existence. Subject to Article VII6 hereof, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence and the corporate existence, rights (charter and statutory), licenses ) and franchises of the Company; provided, however, that the Company will shall not be required to preserve any such existence, right, license right or franchise if the Board of Directors Company shall in good faith determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not adverse in any material respect to the Holdersits subsidiaries considered as a whole.

Appears in 2 contracts

Sources: Subordinated Debenture (Imperial Industries Inc), Subordinated Debenture (Imperial Industries Inc)

Corporate Existence. Subject to Article VIIEight, the Company will shall do or cause to be done all things necessary to preserve and keep in full force and effect the its corporate existence, existence and its rights (charter and statutory), licenses ) and franchises of the Companyfranchises; provided, however, that the foregoing shall not obligate the Company will not be required to preserve any such existence, right, license right or franchise if the Board of Directors Company shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not adverse in any material respect to the Holdersits business.

Appears in 2 contracts

Sources: Indenture (Radisys Corp), Indenture (Radisys Corp)

Corporate Existence. Subject to Article VIIEight, the Company will shall do or cause to be done all things necessary to preserve and keep in full force and effect the corporate existence, rights (charter and statutory), licenses ) and franchises of the CompanyCompany and each Subsidiary; provided, however, that the Company will shall not be required to preserve any such existence, right, license right or franchise if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and its Subsidiaries as a whole and that the loss thereof is not adverse disadvantageous in any material respect to the Holders.

Appears in 2 contracts

Sources: Indenture (Facilicom International Inc), Indenture (World Access Inc /New/)

Corporate Existence. Subject to Article VIIV, the Company and its Subsidiaries will do or cause to be done all things necessary to preserve and keep in full force and effect the its corporate existence, existence and rights (charter and statutory), licenses and franchises of the Company; provided, however, that the Company will shall not be required to preserve any such existence, right, license or franchise right if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and its Subsidiaries taken as a whole and that the loss thereof is not adverse in any material respect to the Holders.

Appears in 2 contracts

Sources: Indenture (CTR Partnership, L.P.), Indenture (CTR Partnership, L.P.)

Corporate Existence. Subject to Article VIIV, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence and the corporate existence, rights (charter and statutory), licenses and franchises of the Company; provided, however, that the Company will shall not be required to preserve any such existence, right, license or franchise if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not adverse in any material respect to the Holdersits Subsidiaries taken as a whole.

Appears in 2 contracts

Sources: Senior Indenture (Beverly Enterprises Inc), Subordinated Indenture (Beverly Enterprises Inc)

Corporate Existence. Subject to Article VIIARTICLE 6, the Company Corporation will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence and the corporate existence, rights (charter and statutory), licenses ) and franchises of the CompanyCorporation; provided, however, that the Company will Corporation shall not be required to preserve any such existenceright or franchise, right, license or franchise if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company Corporation taken as a whole and that the loss thereof is not, and will not be, adverse in any material respect to the Holders.

Appears in 2 contracts

Sources: Indenture (Southwest Water Co), Indenture (Southwest Water Co)

Corporate Existence. Subject to Article VIISection 5.1, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence and the corporate existence, rights (charter and statutory), licenses and franchises of the Company; provided, however, that the Company will shall not be required to preserve any such existence, right, license or franchise if the Board of Directors of the Company shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not, and will not adverse be, disadvantageous in any material respect to the Holders.

Appears in 2 contracts

Sources: Indenture (Oxford Health Plans Inc), Indenture (Oxford Health Plans Inc)

Corporate Existence. Subject to Article VIIVIII, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect the its corporate existence, rights (charter and statutory), licenses ) and franchises of the Companyfranchises; provided, however, that the Company will shall not be required to preserve any such existence, right, license right or franchise if the Board of Directors Company shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not adverse disadvantageous in any material respect to the Holders; provided, further, that the Company may convert to a limited liability company if it determines that it is in its best interests.

Appears in 2 contracts

Sources: Indenture (Wright Medical Group N.V.), Indenture (Atlas Air Worldwide Holdings Inc)

Corporate Existence. Subject to Article VIIEight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect the its corporate existence, rights (charter and statutory), licenses ) and franchises of the Companyfranchises; provided, however, that the Company will shall not be required to preserve any such existence, right, license right or franchise if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not adverse disadvantageous in any material respect to the HoldersDebentureholders.

Appears in 2 contracts

Sources: Trust Indenture Agreement (SFG Mortgage & Investment Co Inc), Indenture (Nibco Inc)

Corporate Existence. Subject to Article VIIEight hereof, the Company will shall do or cause to be done all things necessary to preserve and keep in full force and effect the its corporate existence, existence and its material rights (charter and statutory), licenses and franchises of the Companyfranchises; provided, however, provided that the Company will shall not be required to preserve any such existence, right, license or franchise if the Board of Directors of the Company shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not adverse in any material respect to the Holdersits Restricted Subsidiaries, taken as a whole.

Appears in 2 contracts

Sources: Indenture (Xerox Corp), Indenture (Xerox Corp)

Corporate Existence. Subject to Article VII8, the Company Corporation will do or cause to be done all things necessary to preserve and keep in full force and effect its existence (corporate or other) and the corporate existence, rights (charter and statutory), licenses ) and franchises of the CompanyCorporation; provided, however, that the Company will Corporation shall not be required to preserve any such existence, right, license right or franchise if the Board of Directors Corporation shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company Corporation and that the loss thereof is not adverse in any material respect to the Holdersits subsidiaries, taken as a whole.

Appears in 2 contracts

Sources: Indenture (Hydro One Inc), Indenture (Hydro One Inc)

Corporate Existence. Subject to Article VIIEight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect the corporate existence, rights (charter and statutory), licenses ) and franchises of the Company; provided, however, that the Company will shall not be required to preserve any such existence, right, license right or franchise if the Board of Directors of the Company shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not adverse disadvantageous in any material respect to the HoldersCompany.

Appears in 2 contracts

Sources: Indenture (Atlantic Coast Entertainment Holdings Inc), Indenture (Atlantic Coast Entertainment Holdings Inc)

Corporate Existence. Subject to Article VIIV, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect the its corporate existence, rights (charter and statutory), licenses ) and franchises of the Companyfranchises; provided, however, that the Company will not be required to preserve any such existence, right, license right or franchise if the Board of Directors shall determine Trustees determines that the preservation thereof of the right or franchise is no longer desirable in the conduct of the business of the Company and that the its loss thereof is will not adverse be disadvantageous in any material respect to the HoldersHolders of Securities of any series.

Appears in 2 contracts

Sources: Indenture (National Storage Affiliates Trust), Indenture (National Storage Affiliates Trust)

Corporate Existence. Subject to Article VIIEight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect the corporate existence, rights (charter existence and statutory), licenses corporate power and franchises authority of the CompanyCompany and each Subsidiary; provided, however, that the Company will shall not be required to preserve any such existence, right, license or franchise corporate existence and corporate power and authority if the Board of Directors Company shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not adverse in any material respect to the Holdersits Subsidiaries taken as a whole.

Appears in 2 contracts

Sources: Indenture (Amc Entertainment Inc), Indenture (Regal Cinemas Inc)

Corporate Existence. Subject to Article VII, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect the corporate its existence, rights (charter and statutory), licenses ) and franchises of the Companyfranchises; provided, however, that the Company will shall not be required to preserve any such existence, right, license right or franchise if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not adverse and is not reasonably likely to be disadvantageous in any material respect to the Holders.

Appears in 2 contracts

Sources: Indenture (Ocwen Financial Corp), Indenture (Ocwen Financial Corp)

Corporate Existence. Subject to Article VIISection 7 of the Securities, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence in accordance with its organizational documents and the corporate existence, rights (charter and statutory), licenses and franchises of the Company; provided, however, that the Company will shall not be required to preserve any such existence, right, license or franchise if the Board of Directors of the Company shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not adverse in any material respect to the HoldersPurchasers.

Appears in 2 contracts

Sources: Securities Purchase Agreement (Amyris, Inc.), Securities Purchase Agreement (Amyris, Inc.)

Corporate Existence. Subject to Article VIIEight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence and the corporate existence, rights (charter and statutory), licenses ) and franchises of the Company, Parent and any Restricted Subsidiary; provided, however, that the Company will shall not be required to preserve any such existence, right, license right or franchise if the Board of Directors Company shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is its Subsidiaries as a whole and not adverse disadvantageous in any material respect to the Holders.

Appears in 2 contracts

Sources: Indenture Agreement (Cooper Offshore Holdings S.a.r.l.), Indenture (Eaton Corp PLC)

Corporate Existence. Subject to Article VIIEight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence and that of each Restricted Subsidiary and the corporate existence, rights (charter and statutory), licenses ) and franchises of the CompanyCompany and its Restricted Subsidiaries; provided, however, that the Company will shall not be required to preserve any such existence, right, license right or franchise if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not adverse in any material respect to the Holdersits Restricted Subsidiaries considered as a whole.

Appears in 2 contracts

Sources: Indenture (Argyle Television Inc), Indenture (Argyle Television Inc)

Corporate Existence. Subject to Article VII7 hereof, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect the its corporate existence, rights (charter and statutory), licenses ) and franchises of the Companyfranchises; provided, however, that the Company will shall not be required to preserve any such existence, right, license right or franchise if the Board of Directors shall determine Company determines that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not adverse disadvantageous in any material respect to the Holders.

Appears in 2 contracts

Sources: Indenture (Vertex Pharmaceuticals Inc / Ma), Indenture (Vertex Pharmaceuticals Inc / Ma)

Corporate Existence. Subject to Article VIIVIII, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect the corporate existence, rights (charter existence and statutory), licenses and franchises corporate power of the CompanyCompany and each Subsidiary; provided, however, that the Company will shall not be required to preserve any such existence, right, license or franchise corporate existence and corporate power if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and its Restricted Subsidiaries taken as a whole and that the loss thereof is not materially adverse in any material respect to the Holders.

Appears in 2 contracts

Sources: Indenture (Safety Kleen Corp/), Indenture (Laidlaw Environmental Services Inc)

Corporate Existence. Subject to Article VII9, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence and the corporate existence, rights (charter and statutory), licenses and franchises of the CompanyCompany and its Subsidiaries; provided, however, that the Company will shall not be required to preserve any such existence, right, license or franchise if franchise, if, in the Board judgment of Directors shall determine that the Company, the preservation thereof is no longer desirable in the conduct of the business of the Company and that its Subsidiaries taken as a whole and the loss thereof is not adverse disadvantageous in any material respect to the HoldersSecurityholders.

Appears in 2 contracts

Sources: Subordinated Indenture (Healthsouth Corp), Indenture (Healthsouth Corp)

Corporate Existence. Subject to Article VIIVIII, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect the corporate existence, rights (charter and statutory), licenses ) and franchises of the CompanyCompany and it Subsidiaries; provided, however, that the Company will shall not be required to preserve any such existence, right, license right or franchise of the Company or its Subsidiaries if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company or its Subsidiaries and that the loss thereof is not adverse disadvantageous in any material respect to the Holders.

Appears in 2 contracts

Sources: Indenture (Levitt Corp), Indenture (Levitt Corp)