Common use of Corporate Existence Clause in Contracts

Corporate Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, rights (charter and statutory) and franchises; provided, however, that the Company shall not be required to preserve any such 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 disadvantageous in any material respect to the Holders.

Appears in 33 contracts

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

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Corporate Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, existence and the rights (charter and statutory) and franchisesfranchises of the Company; provided, however, that the Company shall not be required to preserve any such 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 disadvantageous in any material respect to the HoldersCompany.

Appears in 25 contracts

Samples: Indenture (Engine Media Holdings, Inc.), Cybin (Cybin Inc.), Indenture (Acreage Holdings, Inc.)

Corporate Existence. Subject to Article EightVII, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its the corporate existence, rights (charter and statutory) ), licenses and franchisesfranchises of the Company; provided, however, that the Company shall will not be required to preserve any such right 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 disadvantageous adverse in any material respect to the Holders.

Appears in 24 contracts

Samples: Supplemental Indenture (Springleaf Finance Corp), Supplemental Indenture, First Supplemental Indenture (Springleaf Finance Corp)

Corporate Existence. Subject to Article Eight9, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, rights (charter and statutory) and franchises; provided, however, that the Company shall not be required to preserve any such 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 disadvantageous in any material respect to the HoldersCompany.

Appears in 24 contracts

Samples: Indenture (ProSomnus, Inc.), Indenture (Sunedison, Inc.), Indenture (Herbalife Ltd.)

Corporate Existence. Subject to the provisions of Article Eight11, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, rights (charter and statutory) and franchisesfranchises and the corporate existence and rights (charter and statutory) and franchises of its Subsidiaries; provided, however, that the Company shall not be required to, or to cause any Subsidiary to, preserve any such right or franchise or to keep in full force and effect the corporate existence of any Subsidiary if the Board of Directors Company shall determine that the keeping in existence or preservation thereof is no longer desirable in or consistent with the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the HoldersCompany.

Appears in 23 contracts

Samples: Indenture (Amalgamated Financial Corp.), Indenture (NewAmsterdam Pharma Co N.V.), Indenture (Trustmark Corp)

Corporate Existence. Subject to Article Eight7, 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, existence and its rights (charter and statutory) and franchises; provided, however, provided that nothing in this Section 9.4 shall prevent the Company shall not be required to preserve abandonment or termination of any such right or franchise of the Company if the Board of Directors it shall determine be determined that the preservation thereof such abandonment or termination is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the HoldersCompany.

Appears in 20 contracts

Samples: Subordinated Indenture (Allied Waste Industries Inc), Subordinated Indenture (Eastern Environmental Services Inc), Subordinated Indenture (Allied Waste Industries Inc)

Corporate Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its the corporate existence, rights (charter existence and statutory) corporate power and franchisesauthority of the Company and each Restricted Subsidiary; provided, however, that the Company shall not be required to preserve any such right 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 disadvantageous in any material respect to the Holdersits Restricted Subsidiaries taken as a whole.

Appears in 19 contracts

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

Corporate Existence. Subject to Article EightVIII, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, rights (charter and statutory) ), licenses and franchises; provided, however, that the Company shall will not be required to preserve any such right 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 disadvantageous in any material respect to the HoldersCompany.

Appears in 19 contracts

Samples: Indenture (Diamondback Energy, Inc.), Indenture (Laredo Midstream Services, LLC), Indenture (SN Cotulla Assets, LLC)

Corporate Existence. Subject to Article EightTen, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, rights (charter and statutory) and franchises; provided, however, that the Company shall not be required to preserve any such 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 disadvantageous in any material respect to the HoldersCompany.

Appears in 17 contracts

Samples: MOB Corp, MOB Corp, Scotts Miracle-Gro Co

Corporate Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, existence and the rights (charter and statutory) and franchisesfranchises of the Company and any Restricted Subsidiary; provided, however, that the Company shall not be required to preserve any such 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 disadvantageous in any material respect to the Holdersits Subsidiaries as a whole.

Appears in 15 contracts

Samples: Indenture (Encana Corp), Suncor Energy Inc, Encana Corp

Corporate Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its the corporate existence, rights (charter and statutory) and franchisesfranchises of the Company and each Subsidiary; providedPROVIDED, howeverHOWEVER, that the Company shall not be required to preserve any such 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 disadvantageous in any material respect to the Holders.

Appears in 12 contracts

Samples: Indenture (Inter Act Systems Inc), Indenture (Entertainment Inc), Indenture (Entertainment Inc)

Corporate Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, rights (charter and statutory) and franchises; provided, however, that the Company shall not be required to preserve any such 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 disadvantageous in any material respect to the HoldersCompany.

Appears in 11 contracts

Samples: Indenture (Solutia Inc), Indenture (Brookdale Living Communities Inc), Indenture (Solutia Inc)

Corporate Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, existence and the rights (charter and statutory) and franchisesfranchises of the Company; provided, however, that the Company shall not be required to preserve any such 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 disadvantageous in any material respect to the Holders.

Appears in 11 contracts

Samples: Indenture (Pretium Resources Inc.), Indenture (Village Farms International, Inc.), Taseko Mines LTD

Corporate Existence. Subject to Article EightNine, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, existence and the rights (charter and statutory) and franchisesfranchises of the Company; provided, however, that the Company shall not be required to preserve any such 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 disadvantageous in any material respect to the Holders.

Appears in 11 contracts

Samples: Indenture (Uranerz Energy Corp.), Form of Indenture (Taseko Mines LTD), Indenture (Energy Fuels Inc)

Corporate Existence. Subject to Article EightVIII, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, rights (charter and statutory) and franchises; provided, however, that the Company shall not be required to preserve any such 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 disadvantageous in any material respect to the HoldersCompany.

Appears in 10 contracts

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

Corporate Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its the corporate existence, rights (charter and statutory) and franchisesfranchises of the Company and each Subsidiary; provided, however, that the Company shall not be required to preserve any such 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 disadvantageous in any material respect to the Holders.

Appears in 9 contracts

Samples: Indenture (Leitesol Industry & Commerce Inc.), Applied Extrusion Technologies Inc /De, Indenture (Entertainment Inc)

Corporate Existence. Subject to Except as otherwise permitted under Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect 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) and franchises; provided, however, that the Company shall not be required to preserve any such 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 disadvantageous in any material respect to the HoldersCompany.

Appears in 8 contracts

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

Corporate Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, rights (charter and statutory) and franchises; providedPROVIDED, howeverHOWEVER, that the Company shall not be required to preserve any such 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 disadvantageous in any material respect to the Holders.

Appears in 8 contracts

Samples: Indenture (Questar Market Resources Inc), Indenture (Questar Gas Co), Xl Capital LTD

Corporate Existence. Subject to Article Eight8, 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, existence and rights (charter and statutory) and franchises; provided, however, that the Company foregoing shall not be required obligate the Company to preserve any such 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 disadvantageous in any material respect to the Holdersany Holder.

Appears in 8 contracts

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

Corporate Existence. Subject to Article EightVIII, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, rights (charter and statutory) and franchises; provided, however, that the Company shall not be required to preserve any such 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 disadvantageous in any material respect to the HoldersHolders of Securities of any series or Tranche in any material respect.

Appears in 7 contracts

Samples: Indenture (Fox Factory Holding Corp), Indenture (China Gerui Advanced Materials Group LTD), Indenture (Core Molding Technologies Inc)

Corporate Existence. Subject to Article Eight, 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, existence and material rights and franchises (charter and statutory) and franchises); provided, howeverthat, that the Company shall not be required to preserve any such 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, that the loss thereof is foregoing shall not disadvantageous 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 7 contracts

Samples: Indenture (Winnsboro DC, LLC), Indenture (Tampa DC, LLC), Indenture (Winnsboro DC, LLC)

Corporate Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect 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) and franchises; provided, however, that the Company shall not be required to preserve any such 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 disadvantageous in any material respect to the HoldersCompany.

Appears in 7 contracts

Samples: Western Massachusetts Electric Co, Indenture (Public Service Co of Oklahoma), Indenture (Northeast Utilities System)

Corporate Existence. Subject to Article EightVIII, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, rights (charter and statutory) and franchises; provided, however, that the Company shall not be required to preserve any such 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 disadvantageous in any material respect to the Holders.

Appears in 6 contracts

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

Corporate Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its the corporate existence, rights (charter and statutory) and franchisesfranchises of the Company and each Subsidiary; provided, however, that the Company shall not be required to -------- ------- preserve any such 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 disadvantageous in any material respect to the Holders.

Appears in 6 contracts

Samples: Indenture (Primus Telecommunications Group Inc), Primus Telecommunications Group Inc, Be Aerospace Inc

Corporate Existence. Subject to Section 6.3 and Article Eight7, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, existence and rights (charter and statutory) and franchises); provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors Company shall determine 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 disadvantageous be, adverse in any material respect to the Holders.

Appears in 6 contracts

Samples: Indenture (Manugistics Group Inc), Indenture (Nco Group Inc), Indenture (Waste Connections Inc/De)

Corporate Existence. Subject to Article Eight, 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, rights (charter and statutory) ), licenses and franchises; provided, however, that the Company shall not be required to preserve any such right 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 disadvantageous in any material respect to the Holders.

Appears in 6 contracts

Samples: Bay View Capital Corp, Bay View Capital I, Bay View Capital Corp

Corporate Existence. Subject to Article Eight, the 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, material rights (charter and statutory) and franchisesmaterial franchises (other than as contemplated by Section 11.01 of the Base Indenture); provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors shall determine that the preservation thereof of such rights or franchises is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the HoldersCompany.

Appears in 6 contracts

Samples: Starwood Hotel & Resorts Worldwide, Inc, Starwood Hotel & Resorts Worldwide Inc, Starwood Hotel & Resorts Worldwide Inc

Corporate Existence. Subject So long as any Securities shall be Outstanding, subject to Article EightNine, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, rights (charter and statutory) and franchises; provided, however, that the Company shall not be required to preserve any such 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 disadvantageous in any material respect to the Holders.

Appears in 6 contracts

Samples: Satisfaction And (Enhance Financial Services Group Inc), Satisfaction And (Enhance Financial Services Group Inc), Satisfaction And (Enhance Financial Services Group Inc)

Corporate Existence. Subject to Article Eight, 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, existence and the rights (charter and statutory) and franchisesfranchises of the Corporation and its Subsidiaries; provided, however, that the Company Corporation shall not be required to preserve any such 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 disadvantageous in any material respect to the HoldersCorporation.

Appears in 5 contracts

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

Corporate Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, rights (charter existence and statutory) all licenses and franchisespermits material to the normal conduct of its business; provided, however, that the Company shall not be required to preserve any such 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 disadvantageous in any material respect to the Holders.

Appears in 5 contracts

Samples: Ormat Technologies, Inc., Ormat Technologies, Inc., Ipc Holdings LTD

Corporate Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, existence and that of each Restricted Subsidiary and the corporate rights (charter and statutory) and franchisesfranchises of the Company and each Restricted Subsidiary; provided, however, that the Company shall not be required to preserve any such 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 disadvantageous in any material respect to the Holdersits Subsidiaries as a whole.

Appears in 5 contracts

Samples: Indenture (Aircastle LTD), Intercreditor Agreement (Forida East Coast Railway L.L.C.), Indenture (Railamerica Inc /De)

Corporate Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, existence and the rights (charter and statutory) and franchisesfranchises of the Company; provided, however, that the Company shall not be required to preserve any such 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 disadvantageous in any material respect to the Holdersany Holder.

Appears in 5 contracts

Samples: Indenture (Newell Rubbermaid Inc), Indenture (Newell Rubbermaid Inc), Newell Rubbermaid Inc

Corporate Existence. Subject to Article EightTen, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, rights (charter and statutory) and franchises; provided, however, -------- ------- that the Company shall not be required to preserve any such 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 disadvantageous in any material respect to the HoldersCompany.

Appears in 5 contracts

Samples: Intermedia Communications Inc, Genesee & Wyoming Inc, Genesee & Wyoming Inc

Corporate Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, rights (charter and statutory) and franchises; provided, however, that the Company shall not be required to preserve any such 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 disadvantageous in any material respect to the Holders.

Appears in 5 contracts

Samples: Indenture (Mondelez International, Inc.), Cardinal Health Inc, Philip Morris Companies Inc

Corporate Existence. Subject to Article Eight10 hereof, 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, existence and rights (charter and statutory) and franchises); provided, however, that the Company shall not be required to preserve any such 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 disadvantageous in any material respect to the Holders.

Appears in 5 contracts

Samples: Indenture (Greenbrier Companies Inc), Indenture (Digital River Inc /De), Indenture (Greenbrier Companies Inc)

Corporate Existence. Subject to Article Eight, 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, existence and the rights (charter and statutory) and franchisesfranchises of the Corporation and any Restricted Subsidiary; provided, however, that the Company Corporation shall not be required to preserve any such 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 disadvantageous in any material respect to the Holdersits Subsidiaries as a whole.

Appears in 5 contracts

Samples: Indenture (Encana Corp), Indenture (Ovintiv Inc.), Indenture (Cenovus Energy Inc.)

Corporate Existence. Subject to Article Eight10 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, existence and rights (charter and statutory) and franchises); provided, however, that the Company shall not be required to preserve any such 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 disadvantageous in any material respect to the Holders.

Appears in 5 contracts

Samples: Indenture (Mannkind Corp), Indenture (Mannkind Corp), Indenture (Mannkind Corp)

Corporate Existence. Subject to Article EightXII, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, existence and rights (charter and statutory) and franchises); provided, however, that the Company shall not be required to preserve any such right or franchise 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 disadvantageous be, adverse in any material respect to the Holders.

Appears in 5 contracts

Samples: Purchase Agreement (Alterra Healthcare Corp), Kellstrom Industries Inc, Atlantic Coast Airlines Inc

Corporate Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, existence and the rights (charter and statutory) and franchisesfranchises of the Company; provided, however, that the Company shall not be required to preserve any such 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 disadvantageous in any material respect to the Holders.

Appears in 5 contracts

Samples: Pg&e Corp, Subordinated Note Indenture (Virginia Electric & Power Co), Sei Trust I

Corporate Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, rights (charter and statutory) and franchises; provided, however, that the Company shall not be required to preserve any such 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 disadvantageous in any material respect to the Holders.

Appears in 5 contracts

Samples: Indenture (Peabody Energy Corp), Cottonwood Land Co, L 3 Communications Corp

Corporate Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, rights (charter and statutory) and franchises); provided, however, that the Company shall not be required to preserve any such 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 disadvantageous in any material respect to the Holders.

Appears in 4 contracts

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

Corporate Existence. Subject to Article EightVIII, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, rights (charter and statutory) and franchises; provided, however, that the Company shall not be required to preserve any such 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 disadvantageous in any material respect to the Holders.

Appears in 4 contracts

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

Corporate Existence. Subject to Article EightVIII, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, rights (charter and statutory) and franchises; provided, however, that the Company shall not be required to preserve any such 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 disadvantageous in any material respect to the Holders.

Appears in 4 contracts

Samples: XL Group Ltd., Xl Group PLC, Xl Group PLC

Corporate Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, existence and that of each Subsidiary and the corporate rights (charter and statutory) and franchisesfranchises of the Company and each Subsidiary; provided, however, that the Company shall not be required to preserve any such 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 disadvantageous in any material respect to the Holdersits Subsidiaries as a whole.

Appears in 4 contracts

Samples: Indenture (Aircastle LTD), Indenture (Aircastle LTD), Indenture (Aircastle LTD)

Corporate Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, rights (charter and statutory) and franchises; provided, however, that the Company shall not be required to preserve any such 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 disadvantageous in any material respect to the HoldersHolders of the Securities.

Appears in 4 contracts

Samples: Indenture (Anheuser Busch Companies Inc), Anheuser Busch Companies Inc, Earthgrains Co /De/

Corporate Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, existence and its rights (charter and statutory) and franchises; provided, however, that the Company shall not be required to preserve any such 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 disadvantageous in any material respect to the Holders.

Appears in 4 contracts

Samples: Indenture (HomeCare Labs, Inc.), Indenture (Nova Chemicals Corp /New), Indenture (Nova Chemicals Corp /New)

Corporate Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, existence and the rights (charter and statutory) and franchisesfranchises of the Company and its Subsidiaries; provided, however, that the Company shall not be required -------- ------- to preserve any such 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 disadvantageous in any material respect to the Holders.

Appears in 4 contracts

Samples: Nationwide Health Properties Inc, Nationwide Health Properties Inc, Nationwide Health Properties Inc

Corporate Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, existence and the rights (charter and statutory) and franchisesfranchises of the Company and any Subsidiary; provided, however, that the Company shall not be required to preserve any such 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 disadvantageous in any material respect to the Holdersits Subsidiaries as a whole.

Appears in 4 contracts

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

Corporate Existence. Subject to Article EightVIII, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, rights (charter and statutory) and franchises; provided, however, that the Company shall not be required to preserve any such 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 disadvantageous in any material respect to the Holders.

Appears in 4 contracts

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

Corporate Existence. Subject to Article Eight8, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, rights (charter and statutory) and franchises; provided, however, that the Company shall not be required to preserve any such 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 disadvantageous in any material respect to the Holders.

Appears in 4 contracts

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

Corporate Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence(or if applicable, limited liability company) existence and the rights (charter and statutory) and franchisesfranchises of the Company; provided, however, that the Company shall not be required to preserve any such 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 disadvantageous in any material respect to the Holders.

Appears in 3 contracts

Samples: Subordinated Note Indenture (Georgia Power Co), Southern Power Co, Gulf Power Co

Corporate Existence. Subject to Article Eight, 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, existence and its rights (charter and statutory) and franchises; provided, however, that the Company foregoing shall not be required obligate the Company to preserve any such 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 disadvantageous in any material respect to the Holdersany Holder.

Appears in 3 contracts

Samples: Incorporated (Hercules Inc), Inmc Mortgage Holdings Inc, Inmc Mortgage Holdings Inc

Corporate Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, rights (charter and statutory) and franchises; provided, however, -------- ------- that the Company shall not be required to preserve any such 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 disadvantageous in any material respect to the Holders.

Appears in 3 contracts

Samples: Ikon Office Solutions Inc, Alco Capital Resource Inc, Alco Standard Corp

Corporate Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its the corporate existence, rights (charter and statutory) and franchisesfranchises of the Company and each Subsidiary; provided, however, that the Company shall not be required to preserve any such 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 disadvantageous in any material respect to the HoldersHolder.

Appears in 3 contracts

Samples: Hub International LTD, Hub International LTD, Hub International LTD

Corporate Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, rights (charter and statutory) and franchises; provided, however, that the Company shall not be required to preserve any such 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 disadvantageous in any a material respect to the Holders.

Appears in 3 contracts

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

Corporate Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, rights (charter and statutory) and franchises; , provided, however, that the Company shall not be required to preserve any such 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 disadvantageous in any material respect to the Holders.

Appears in 3 contracts

Samples: Indenture (Century Casinos Inc /Co/), Indenture (Dayton Hudson Corp), Indenture (DMC Stratex Networks Inc)

Corporate Existence. Subject to Article EightVIII, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, rights (charter and statutory) and franchises; provided, however, that the Company shall not be required to preserve any such 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 disadvantageous in any material respect to the HoldersCompany.

Appears in 3 contracts

Samples: Midamerican Energy Co, Midamerican Energy Co, Midamerican Energy Co

Corporate Existence. Subject to Article Eight, 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, existence and material rights and franchises (charter and statutory) and franchises); provided, howeverthat, that neither the Company shall not be required to preserve any such 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, that the loss thereof is foregoing shall not disadvantageous 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 3 contracts

Samples: Indenture (Salant Corp), Indenture (Salant Corp), Indenture (Clearone Communications Inc)

Corporate Existence. Subject to Article Eight, 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, rights (charter and statutory) and franchises; provided, however, that the Company shall not be required to preserve any such 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 disadvantageous in any material respect to the Holdersits Subsidiaries taken as a whole.

Appears in 3 contracts

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

Corporate Existence. Subject to Article EightARTICLE 11, 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, legal existence and rights (charter and statutory) and franchises; provided, however, that the Company foregoing shall not be required obligate the Company to preserve any such 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 disadvantageous in any material respect to the Holdersany Holder.

Appears in 3 contracts

Samples: Aspen Insurance Holdings LTD, MRH Capital Trust I, Endurance Specialty Holdings LTD

Corporate Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, rights (charter and statutory) and franchises; provided, however, -------- ------- that the Company shall not be required to preserve any such 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 disadvantageous in any material respect to the HoldersCompany.

Appears in 3 contracts

Samples: Brookdale Living Communities Inc, Monsanto Co, Brookdale Living Communities Inc

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Corporate Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, existence and the rights (charter and statutory) and franchisesfranchises of the Company and the Restricted Subsidiaries; provided, however, that the Company shall not be required to preserve any such 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 Restricted Subsidiary and that the loss thereof is not disadvantageous in any material respect to the Holders.

Appears in 3 contracts

Samples: International Lease Finance Corp, International Lease Finance Corp, International Lease Finance Corp

Corporate Existence. Subject to Article Eight, 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, rights (charter and statutory) and franchises; providedPROVIDED, howeverHOWEVER, that the Company shall not be required to preserve any such 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 disadvantageous in any material respect to the Holders.

Appears in 3 contracts

Samples: Bank United Corp, Bank United Corp, Bank United Corp

Corporate Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, rights (charter and statutory) and franchises; provided, however, that the Company shall not be required to preserve any such right or franchise if the its 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 disadvantageous in any material respect to the Holdersits business.

Appears in 3 contracts

Samples: Indenture (Viacom Inc.), Viacom Inc, Viacom Inc

Corporate Existence. Subject to Article EightARTICLE VIII, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, rights (charter and statutory) and franchises; provided, however, that the Company shall not be required to preserve any such 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 disadvantageous in any material respect to the HoldersCompany.

Appears in 3 contracts

Samples: D & K Healthcare Resources Inc, D & K Healthcare Resources Inc, D & K Healthcare Resources Inc

Corporate Existence. Subject to Article Eight, 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, existence and its rights (charter and statutory) and franchises; , provided, however, that the Company shall not be required to preserve any such 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 disadvantageous in any material respect to the HoldersHolders of Securities or coupons.

Appears in 3 contracts

Samples: Indenture (American General Finance Corp), American General Capital Iv, American General Capital Iv

Corporate Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, rights (charter and statutory) and franchises; provided, however, that the Company shall not be required to preserve any such 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 or that the loss thereof is not disadvantageous in any material respect to the HoldersBondholders.

Appears in 3 contracts

Samples: Ilx Inc/Az/, Ilx Inc/Az/, Ilx Inc/Az/

Corporate Existence. Subject to Article EightTwelve, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, rights (charter and statutory) and franchises; provided, howeverPROVIDED HOWEVER, that the Company shall not be required to preserve any such 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 disadvantageous in any material respect to the HoldersCompany.

Appears in 3 contracts

Samples: Indenture (Madison Gas & Electric Co), Midamerican Energy Financing Ii, Midamerican Energy Financing Ii

Corporate Existence. Subject to Article EightTen 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, rights (charter and statutory) and franchises; provided, however, that the Company shall not be required to preserve any such 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 disadvantageous in any material respect to the HoldersHolders of the Securities of any series.

Appears in 2 contracts

Samples: Indenture (American Express Co), Indenture (American Express Credit Corp)

Corporate Existence. Subject to Article Eight, 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, existence and its rights (charter and statutory) and franchises; provided, however, that the Company foregoing shall not be required obligate the Company to preserve any such 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 disadvantageous in any material respect to the Holdersits business.

Appears in 2 contracts

Samples: Indenture (Radisys Corp), Radisys Corp

Corporate Existence. Subject to Except as otherwise provided in Article EightNine, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, rights (charter and statutory) and franchises; provided, however, that the Company shall not be required to preserve any such 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 disadvantageous in any material respect to the HoldersNoteholders.

Appears in 2 contracts

Samples: Indenture (Synovus Financial Corp), Indenture (Synovus Financial Corp)

Corporate Existence. Subject to Article Eight9, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, existence and the rights (charter and statutory) ), licenses and franchisesfranchises of the Company and its Subsidiaries; provided, however, that the Company shall not be required to preserve any such right 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 disadvantageous in any material respect to the HoldersSecurityholders.

Appears in 2 contracts

Samples: Indenture (Healthsouth Corp), Healthsouth Corp

Corporate Existence. Subject to Article Eight, 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, existence and that of each Subsidiary and their respective rights (charter and statutory) and franchises; provided, however, that the Company foregoing shall not be required obligate the Company or any Subsidiary to preserve any such right or franchise if the Board of Directors Company or any Subsidiary shall determine that the preservation thereof is no longer desirable in the conduct of its business or the business of the Company such Subsidiary and that the loss thereof is not disadvantageous in any material respect to the Holdersany Holder.

Appears in 2 contracts

Samples: Indenture (Nordstrom Inc), Nordstrom Inc

Corporate Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, rights (charter and statutory) and franchises; providedPROVIDED, howeverHOWEVER, that the Company foregoing shall not be required obligate the Company to preserve any such 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 disadvantageous in any material respect to the Holdersany Holder.

Appears in 2 contracts

Samples: Kinkos Partners, L.L.C., Fedex Corp

Corporate Existence. Subject to Article EightSection 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, existence in accordance with its organizational documents and the rights (charter and statutory) ), licenses and franchisesfranchises of the Company; provided, however, that the Company shall not be required to preserve any such right 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 disadvantageous adverse in any material respect to the HoldersPurchasers.

Appears in 2 contracts

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

Corporate Existence. Subject to Except as otherwise permitted by Article EightSix, 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, existence and the rights (charter and statutory) and franchisesfranchises of the Company; provided, however, that the Company shall not be required to preserve preserve, with respect to itself, any such right or franchise franchise, if the Board of Directors of the Company, as the case may be, 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 disadvantageous in any material respect to the HoldersCompany.

Appears in 2 contracts

Samples: Indenture (Color Spot Nurseries Inc), Color Spot Nurseries Inc

Corporate Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, existence and the rights (charter and statutory) and franchisesfranchises of the Company; provided, however, that the Company shall not be required to preserve any such 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 disadvantageous in any material respect to the Holdersits Subsidiaries as a whole.

Appears in 2 contracts

Samples: Indenture (Newell Co), Indenture (Schering Plough Corp)

Corporate Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its the corporate existence, rights (charter and statutory) and franchisesfranchises of the Company; provided, however, that the Company shall not be required to preserve any such 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 disadvantageous in any material respect to the HoldersCompany.

Appears in 2 contracts

Samples: Atlantic Coast Entertainment Holdings Inc, Atlantic Coast Entertainment Holdings Inc

Corporate Existence. Subject to Article Eight, the Company Holdings will do or cause to be done all things necessary to preserve and keep in full force and effect its the corporate existence, existence and that of each Restricted Subsidiary and the corporate rights (charter and statutory) and franchisesfranchises of Holdings and each Restricted Subsidiary; provided, however, that the Company Holdings shall not be required to preserve any such 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 Holdings and that the loss thereof is not disadvantageous in any material respect to the Holdersits Subsidiaries as a whole.

Appears in 2 contracts

Samples: Supplemental Indenture (Infosat Communications LP), Supplemental Indenture (Infosat Communications LP)

Corporate Existence. Subject to Section 6.04 and Article Eight7, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, existence and rights (charter and statutory) and franchises); provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors shall determine 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 disadvantageous be, adverse in any material respect to the Holders.

Appears in 2 contracts

Samples: Smurfit Stone Container Corp, Smurfit Stone Container Corp

Corporate Existence. Subject to Article EightVII, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, rights (charter and statutory) and franchises; provided, however, that the Company shall not be required to preserve any such 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 and is not reasonably likely to be disadvantageous in any material respect to the Holders.

Appears in 2 contracts

Samples: Ocwen Financial Corp, Ocwen Financial Corp

Corporate Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, rights (charter and statutory) and franchises; provided, however, that the Company shall not be required to preserve any such 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 considered as a whole and that the loss thereof is not disadvantageous in any material respect to the Holders.

Appears in 2 contracts

Samples: Indenture (Roper Industries Inc /De/), Infocure Corp

Corporate Existence. Subject to Article Eight, the Company will shall do or cause to be done all things necessary to preserve and keep in full force and effect its the corporate existence, rights (charter and statutory) and franchisesfranchises of the Company and each Subsidiary; provided, however, that the Company shall not be required to preserve any such 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 disadvantageous in any material respect to the Holders.

Appears in 2 contracts

Samples: Facilicom International Inc, World Access Inc /New/

Corporate Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, existence and the rights (charter and statutory) and franchisesfranchises of the Company; provided, however, that the Company shall not be required to preserve any such 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 disadvantageous in any material respect to the Holdersits subsidiaries as a whole.

Appears in 2 contracts

Samples: Imax Corp, Imax Corp

Corporate Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, existence and that of each Subsidiary and the rights (charter and statutory) and franchisesfranchises of the Company and its Subsidiaries; provided, however, that the Company shall not be required to preserve any such 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 disadvantageous in any material respect to the Holdersits Subsidiaries considered as a whole.

Appears in 2 contracts

Samples: Tribune Co, Tribune Co

Corporate Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, existence and the rights (charter and statutory) and franchisesfranchises of the Company, Parent and any Restricted Subsidiary; provided, however, that the Company shall not be required to preserve any such 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 disadvantageous in any material respect to the Holders.

Appears in 2 contracts

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

Corporate Existence. Subject to Article Eight, 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, existence and material rights and franchises (charter and statutory) and franchises); providedprovided , howeverthat, that the Company shall not be required to preserve any such 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, that the loss thereof is foregoing shall not disadvantageous 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

Samples: Indenture (Federated National Holding Co), Tampa DC, LLC

Corporate Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, existence and that of each Subsidiary and the rights (charter and statutory) and franchisesfranchises of the Company and its Subsidiaries; provided, however, that the Company shall not be required to preserve any such 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 disadvantageous in any material respect to the Holdersits Subsidiaries considered as a whole.

Appears in 2 contracts

Samples: Belo a H Corp, Belo a H Corp

Corporate Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, rights (charter and statutory) and franchises; provided, however, that the Company shall not be required to preserve any such 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 disadvantageous in any material respect to the HoldersDebentureholders.

Appears in 2 contracts

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

Corporate Existence. Subject to Article EightEight hereof, 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, existence and its material rights (charter and statutory) ), licenses and franchises; provided, however, provided that the Company shall not be required to preserve any such right 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 disadvantageous in any material respect to the Holdersits Restricted Subsidiaries, taken as a whole.

Appears in 2 contracts

Samples: Xerox Corp, Xerox Corp

Corporate Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, rights (charter and statutory) and franchises; provided, however, that the Company shall not be required to preserve any such 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 disadvantageous in any material respect to the HoldersCompany.

Appears in 2 contracts

Samples: Phoenix Companies Inc/De, Phoenix Duff & Phelps Corp

Corporate Existence. Subject to Article Eight, the Company will shall do or cause to be done all things necessary to preserve and keep in full force and effect its the corporate existence, rights (charter and statutory) and franchisesfranchises of the Company and each Subsidiary; provided, however, that the Company shall not be required to -------- ------- preserve any such 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 disadvantageous in any material respect to the Holders.

Appears in 2 contracts

Samples: Indenture (Euronet Services Inc), Indenture (Euronet Services Inc)

Corporate Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, existence and the rights (charter and statutory) and franchisesfranchises of the Company and any Restricted Subsidiary; providedPROVIDED, howeverHOWEVER, that the Company shall not be required to preserve any such 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 disadvantageous in any material respect to the Holdersits Subsidiaries as a whole.

Appears in 2 contracts

Samples: Indenture (Petro Canada), Precision Drilling Corp

Corporate Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, rights (charter and statutory) and franchises; provided, however, that the Company foregoing shall not be required obligate the Company to preserve any such 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 disadvantageous in any material respect to the Holdersany Holder.

Appears in 2 contracts

Samples: Indenture (American Freightways Inc), Trust Indenture (Federal Express Corp)

Corporate Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, existence and the rights (charter and statutory) and franchisesfranchises of the Company; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors 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 disadvantageous in any material respect to the Holdersits Subsidiaries as a whole.

Appears in 2 contracts

Samples: Indenture (Four Seasons Hotels Inc), Four Seasons Hotels Inc

Corporate Existence. Subject to Except as otherwise provided in Article EightNine, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, rights (charter and statutory) and franchises; provided, however, that the Company shall not be required to preserve any such 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 disadvantageous in any material respect to the HoldersSecurityholders.

Appears in 2 contracts

Samples: Mercantile Bancorporation Inc, Mercantile Bancorporation Inc

Corporate Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, existence and that of each Restricted Subsidiary and the rights (charter and statutory) and franchisesfranchises of the Company and its Restricted Subsidiaries; provided, however, that the Company shall not be required to preserve any such 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 disadvantageous in any material respect to the Holdersits Restricted Subsidiaries considered as a whole.

Appears in 2 contracts

Samples: Argyle Television Inc, Argyle Television Inc

Corporate Existence. Subject to Article Eight7 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, rights (charter and statutory) and franchises; provided, however, that the Company shall not be required to preserve any such 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 disadvantageous in any material respect to the Holders.

Appears in 2 contracts

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

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

Appears in 2 contracts

Samples: Indenture (Richfood Holdings Inc), Richfood Holdings Inc

Corporate Existence. Subject to Article Eight7, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, rights (charter and statutory) and franchises; provided, however, that the Company shall not be required to preserve any such 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 disadvantageous in any material respect to the HoldersCompany.

Appears in 2 contracts

Samples: Purchase Agreement (Aegean Marine Petroleum Network Inc.), document.epiq11.com

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