Common use of Existence; Businesses and Properties Clause in Contracts

Existence; Businesses and Properties. (a) Do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence, except, in the case of a Subsidiary of a Borrower, where the failure to do so would not reasonably be expected to have a Material Adverse Effect, and except as otherwise expressly permitted under Section 7.05, and except for the liquidation or dissolution of Subsidiaries if the assets of such Subsidiaries, to the extent they exceed estimated liabilities, are acquired by a Borrower or a Wholly Owned Subsidiary of a Borrower in such liquidation or dissolution; provided that Subsidiary Loan Parties may not be liquidated into Subsidiaries that are not Loan Parties and Domestic Subsidiaries may not be liquidated into Foreign Subsidiaries.

Appears in 4 contracts

Samples: Credit Agreement (Constellium SE), Credit Agreement (Constellium N.V.), Credit Agreement (Constellium N.V.)

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Existence; Businesses and Properties. (a) Do With respect to the Borrower and its Restricted Subsidiaries, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence, except, in the case of a Subsidiary of a Borrower, where the failure to do so would not reasonably be expected to have a Material Adverse Effect, and except as otherwise expressly permitted under Section 7.052.08 of Annex A, and except for the liquidation or dissolution of Restricted Subsidiaries if the assets of such Subsidiaries, Restricted Subsidiaries to the extent they exceed estimated liabilities, liabilities are acquired by a the Borrower or a Wholly Owned Subsidiary of a the Borrower in such liquidation or dissolution; provided that Subsidiary Restricted Subsidiaries that are Loan Parties may not be liquidated into Subsidiaries that are not Loan Parties and Domestic Subsidiaries may not be liquidated into Foreign Subsidiaries.

Appears in 3 contracts

Samples: Credit Agreement (Hughes Network Systems, LLC), Credit Agreement (Hughes Communications, Inc.), Credit Agreement (Hughes Communications, Inc.)

Existence; Businesses and Properties. (a) Do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence, except, in the case of a Subsidiary of a Borrowerthe Company, where the failure to do so would not reasonably be expected to have a Material Adverse Effect, and except as otherwise expressly permitted under Section 7.056.05, and except for the liquidation or dissolution of Subsidiaries if the assets of such Subsidiaries, Subsidiaries to the extent they exceed estimated liabilities, liabilities are acquired by a Borrower the Company or a Wholly Owned Subsidiary of a Borrower the Company in such liquidation or dissolution; provided provided, that Subsidiary Loan Parties may not be liquidated into Subsidiaries that are not Loan Parties and Domestic Subsidiaries may not be liquidated into Foreign Subsidiaries.

Appears in 3 contracts

Samples: Revolving Credit Agreement (Covalence Specialty Adhesives LLC), Credit Agreement (Berry Plastics Group Inc), Revolving Credit Agreement (Berry Plastics Holding Corp)

Existence; Businesses and Properties. (a) Do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence, except, in the case of a Subsidiary of that is not a Borrower, where the failure to do so so, individually or in the aggregate, would not reasonably be expected to have a Material Adverse Effect, and except as otherwise expressly permitted under Section 7.056.05, and except for the liquidation or dissolution of Subsidiaries any Subsidiary that is not a Borrower if the assets of such Subsidiaries, Subsidiary to the extent they exceed estimated liabilities, liabilities are acquired by a Borrower or a Wholly Owned Subsidiary of a Borrower in such liquidation or dissolution; provided provided, that Subsidiary Loan Parties may not be liquidated into Subsidiaries that are not Loan Parties and Domestic U.S. Borrower Subsidiaries may not be liquidated into Foreign Subsidiaries.

Appears in 2 contracts

Samples: Credit Agreement (MPM Silicones, LLC), Credit Agreement (Momentive Performance Materials Inc.)

Existence; Businesses and Properties. (a) Do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence, except, in the case of a Subsidiary of a the Borrower, where the failure to do so would not reasonably be expected to have a Material Adverse Effect, and except as otherwise expressly permitted under Section 7.05, and except for the liquidation or dissolution of Subsidiaries if the assets of such Subsidiaries, to the extent they exceed estimated liabilities, are acquired by a the Borrower or a Wholly Owned Subsidiary of a the Borrower in such liquidation or dissolution; provided that Subsidiary Loan Parties may not be liquidated into Subsidiaries that are not Loan Parties and Domestic Subsidiaries may not be liquidated into Foreign Subsidiaries.

Appears in 2 contracts

Samples: Abl Credit Agreement (Constellium Holdco B.V.), Abl Credit Agreement (Constellium Holdco B.V.)

Existence; Businesses and Properties. (a) Do Do, or cause to be done done, all things necessary to preserve, renew and keep in full force and effect its legal existence, except, in the case of a Subsidiary of a the Borrower, where the failure to do so would not reasonably be expected to have a Material Adverse Effect, and except as otherwise expressly permitted under Section 7.05, and except for 6.05; provided that the liquidation Borrower may liquidate or dissolution of dissolve one or more Subsidiaries if the assets of such Subsidiaries, Subsidiaries to the extent they exceed estimated liabilities, liabilities are acquired by a the Borrower or a Wholly Owned Subsidiary of a the Borrower in such liquidation or dissolution; provided except that Subsidiary Loan Parties may not be liquidated into Subsidiaries that are not Loan Parties and Domestic Subsidiaries may not be liquidated into Foreign Subsidiaries.

Appears in 2 contracts

Samples: Possession Credit Agreement (Verso Paper Holdings LLC), Credit Agreement (Verso Paper Corp.)

Existence; Businesses and Properties. (a) Do Do, or cause to be done done, all things necessary to preserve, renew and keep in full force and effect its legal existence, except, in the case of a Subsidiary of the Borrower that is not a BorrowerLoan Party, where the failure to do so would not reasonably be expected to have a Material Adverse Effect, and except as otherwise expressly permitted under Section 7.05, and except for 6.05; provided that the liquidation Borrower may liquidate or dissolution of dissolve one or more Subsidiaries if the assets of such Subsidiaries, Subsidiaries to the extent they exceed estimated liabilities, liabilities are acquired by a the Borrower or a Wholly Wholly-Owned Subsidiary of a the Borrower in such liquidation or dissolution; provided except that Subsidiary Loan Parties may not be liquidated into Subsidiaries that are not Loan Parties and Domestic Subsidiaries may not be liquidated into Foreign Subsidiaries.

Appears in 2 contracts

Samples: Joinder Agreement (Verso Corp), Assignment and Acceptance Agreement (Verso Corp)

Existence; Businesses and Properties. (a) Do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence, except, in the case of a Subsidiary of a the Borrower, where the failure to do so would not reasonably be expected to have a Material Adverse Effect, and except as otherwise expressly permitted under Section 7.056.05, and except for the liquidation or dissolution of Subsidiaries if the assets of such Subsidiaries, Subsidiaries to the extent they exceed estimated liabilities, liabilities are acquired by a the Borrower or a Wholly Owned Subsidiary of a the Borrower in such liquidation or dissolution; provided that Subsidiary Loan Parties may not be liquidated into Subsidiaries that are not Loan Parties and Domestic Subsidiaries may not be liquidated into Foreign Subsidiaries.

Appears in 2 contracts

Samples: Credit Agreement (Packerware Corp), Credit Agreement

Existence; Businesses and Properties. (a) Do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence, except, in the case of a Subsidiary of a the Borrower, where the failure to do so would not reasonably be expected to have a Material Adverse Effect, and except as otherwise expressly permitted under Section 7.056.05, and except for the liquidation or dissolution of Subsidiaries if the assets of such Subsidiaries, to the extent they exceed estimated liabilities, are acquired by a the Borrower or a Wholly Owned Subsidiary of a the Borrower in such liquidation or dissolution; provided provided, that Subsidiary Loan Parties may not be liquidated into Subsidiaries that are not Loan Parties and Domestic Subsidiaries may not be liquidated into Foreign Subsidiaries.

Appears in 1 contract

Samples: Credit Agreement (Noranda Aluminum Acquisition CORP)

Existence; Businesses and Properties. (axx) Do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence, except, in the case of a Subsidiary of a the Borrower, where the failure to do so would not reasonably be expected to have a Material Adverse Effect, and except as otherwise expressly permitted under Section 7.05, and except for the liquidation or dissolution of Subsidiaries if the assets of such Subsidiaries, to the extent they exceed estimated liabilities, are acquired by a the Borrower or a Wholly Owned Subsidiary of a the Borrower in such liquidation or dissolution; provided provided, that Subsidiary Loan Parties may not be liquidated into Subsidiaries that are not Loan Parties and Domestic Subsidiaries may not be liquidated into Foreign Subsidiaries.

Appears in 1 contract

Samples: Credit Agreement (Noranda Aluminum Holding CORP)

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Existence; Businesses and Properties. (a) Do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence, except, in the case of a Subsidiary of a BorrowerSubsidiary, where the failure to do so would not reasonably be expected to have a Material Adverse Effect, and except as otherwise expressly permitted under Section 7.05, and except for 6.05; provided that the liquidation Borrower may liquidate or dissolution of dissolve one or more Subsidiaries if the assets of such Subsidiaries, Subsidiaries to the extent they exceed estimated liabilities, liabilities are acquired by a the Borrower or a Wholly Owned Subsidiary of a the Borrower in such liquidation or dissolution; provided , except that no Subsidiary that is a Loan Parties Party may not be liquidated into Subsidiaries that are not Loan Parties and Domestic Subsidiaries may not be liquidated into Foreign Subsidiaries.

Appears in 1 contract

Samples: Possession Credit Agreement (Claires Stores Inc)

Existence; Businesses and Properties. (a) Do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence, except, in the case of a Subsidiary of a Borrowerthe Company, where the failure to do so would not reasonably be expected to have a Material Adverse Effect, and except as otherwise expressly permitted under Section 7.056.05, and 106 except for the liquidation or dissolution of Subsidiaries if the assets of such Subsidiaries, Subsidiaries to the extent they exceed estimated liabilities, liabilities are acquired by a Borrower the Company or a Wholly Owned Subsidiary of a Borrower the Company in such liquidation or dissolution; provided provided, that Subsidiary Loan Parties may not be liquidated into Subsidiaries that are not Loan Parties and Domestic Subsidiaries may not be liquidated into Foreign Subsidiaries.

Appears in 1 contract

Samples: Revolving Credit Agreement (Berry Plastics Corp)

Existence; Businesses and Properties. (axxvii) Do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence, except, in the case of a Subsidiary of a the Borrower, where the failure to do so would not reasonably be expected to have a Material Adverse Effect, and except as otherwise expressly permitted under Section 7.05, and except for the liquidation or dissolution of Subsidiaries if the assets of such Subsidiaries, to the extent they exceed estimated liabilities, are acquired by a the Borrower or a Wholly Owned Subsidiary of a the Borrower in such liquidation or dissolution; provided provided, that Subsidiary Loan Parties may not be liquidated into 112 Subsidiaries that are not Loan Parties and Domestic Subsidiaries may not be liquidated into Foreign Subsidiaries.

Appears in 1 contract

Samples: Credit Agreement (Noranda Aluminum Holding CORP)

Existence; Businesses and Properties. (a) Do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence, except, in the case of a Subsidiary of a the Borrower, where the failure to do so would not reasonably be expected to have a Material Adverse Effect, and except as otherwise expressly permitted under Section 7.05, and except for the liquidation or dissolution of Subsidiaries if the assets of such Subsidiaries, to the extent they exceed estimated liabilities, are acquired by a the Borrower or a Wholly Owned Subsidiary of a the Borrower in such liquidation or dissolution; provided provided, that Subsidiary Loan Parties may not be liquidated into Subsidiaries that are not Loan Parties and Domestic Subsidiaries may not be liquidated into Foreign Subsidiaries.

Appears in 1 contract

Samples: Credit Agreement (Metals Usa Holdings Corp.)

Existence; Businesses and Properties. (axxvii) Do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence, except, in the case of a Subsidiary of a the Borrower, where the failure to do so would not reasonably be expected to have a Material Adverse Effect, and except as otherwise expressly permitted under Section 7.056.05, and except for the liquidation or dissolution of Subsidiaries if the assets of such Subsidiaries, Subsidiaries to the extent they exceed estimated liabilities, liabilities are acquired by a the Borrower or a Wholly Owned Subsidiary of a the Borrower in such liquidation or dissolution; provided provided, that Subsidiary Loan Parties may not be liquidated into Subsidiaries that are not Loan Parties and Domestic Subsidiaries may not be liquidated into Foreign Subsidiaries.

Appears in 1 contract

Samples: Credit Agreement (Berry Plastics Holding Corp)

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