Common use of Existence; Conduct of Business Clause in Contracts

Existence; Conduct of Business. The Borrower will, and will cause each of its Subsidiaries to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges and franchises material to the conduct of its business; provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.03.

Appears in 153 contracts

Samples: Senior Secured (Apollo Investment Corp), Credit Agreement (White Electronic Designs Corp), Loan Agreement (Fuller H B Co)

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Existence; Conduct of Business. The Borrower will, and will cause each of its Subsidiaries (other than Immaterial Subsidiaries) to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges and franchises material to the conduct of its business; provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.03.

Appears in 83 contracts

Samples: Senior Secured Revolving Credit Agreement (North Haven Private Income Fund LLC), Senior Secured Revolving Credit Agreement (Owl Rock Capital Corp), Pledge and Security Agreement (THL Credit, Inc.)

Existence; Conduct of Business. The Borrower Company will, and will cause each of its Subsidiaries other Borrower to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges and franchises material to the conduct of its business; provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.03.

Appears in 34 contracts

Samples: Credit Agreement (Automatic Data Processing Inc), Credit Agreement (Automatic Data Processing Inc), Credit Agreement (Automatic Data Processing Inc)

Existence; Conduct of Business. The Borrower will, and will cause each of its Subsidiaries to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges and franchises material to the conduct of its business; provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution permitted not prohibited under Section 6.03.

Appears in 23 contracts

Samples: Credit Agreement (Duncan Dan L), Revolving Credit Agreement (Duncan Energy Partners L.P.), Revolving Credit Agreement (Enterprise Products Partners L P)

Existence; Conduct of Business. The Borrower will, and will cause each of its Subsidiaries to, do or cause to be done all things necessary to preserve, renew and keep maintain in full force and effect its legal existence and the its respective rights, licenses, permits, privileges privileges, franchises, patents, copyrights, trademarks and franchises trade names material to the conduct of its businessbusiness and will continue to engage in the same business as presently conducted or such other businesses that are reasonably related thereto; provided provided, that the foregoing nothing in this Section shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.037.3.

Appears in 23 contracts

Samples: Revolving Credit Agreement (Exactech Inc), Revolving Credit and Term Loan Agreement (Aaron's Inc), Term Loan Agreement (BNC Bancorp)

Existence; Conduct of Business. The Borrower will, and will cause each of its Subsidiaries to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges and franchises material to the conduct of its business; provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.037.03.

Appears in 20 contracts

Samples: Credit Agreement (Griffon Corp), Credit Agreement (Ampex Corp /De/), Credit Agreement (HMS Holdings Corp)

Existence; Conduct of Business. The Borrower will, and will cause each of its Subsidiaries to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges privileges, franchises, patents, copyrights, trademarks and franchises trade names material to the conduct of its business; provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.03.

Appears in 19 contracts

Samples: Credit Agreement (St John Knits International Inc), Credit Agreement (Amerisourcebergen Corp), Credit Agreement (Constar International Inc)

Existence; Conduct of Business. The Borrower will, and will cause each of its Subsidiaries to, do or cause to be done all things necessary to preserve, renew and keep maintain in full force and effect its legal existence and the its respective rights, licenses, permits, privileges privileges, franchises, patents, copyrights, trademarks and franchises trade names material to the conduct of its businessbusiness and will continue to engage in the same business as presently conducted or such other businesses that are reasonably related thereto; provided provided, that the foregoing nothing in this Section 5.3 shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.037.3.

Appears in 19 contracts

Samples: Revolving Credit Agreement (Watsco Inc), Revolving Credit Agreement (Scripps E W Co /De), Revolving Credit Agreement (Watsco Inc)

Existence; Conduct of Business. The Borrower will, and will cause each of its Material Subsidiaries to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges and franchises material to the conduct of its business; provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.03.

Appears in 18 contracts

Samples: Assignment and Assumption (Reynolds American Inc), Credit Agreement (Kinder Morgan Inc), Credit Agreement (Itt Educational Services Inc)

Existence; Conduct of Business. The Borrower will, and will cause each of its Subsidiaries to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges and franchises material to the conduct of its business; provided that the foregoing shall not prohibit any merger, amalgamation, consolidation, liquidation or dissolution permitted not prohibited under Section 6.03.

Appears in 16 contracts

Samples: Assignment and Assumption (Enterprise Products Partners L.P.), Day Revolving Credit Agreement (Enterprise Products Partners L.P.), Day Revolving Credit Agreement (Enterprise Products Partners L.P.)

Existence; Conduct of Business. The Borrower will, and will cause each of its Subsidiaries Restricted Subsidiary to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges and franchises material to the conduct of its business; provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.037.03.

Appears in 16 contracts

Samples: Possession Credit Agreement (Exco Resources Inc), Credit Agreement (Exco Resources Inc), Counterpart Agreement (Exco Resources Inc)

Existence; Conduct of Business. The Borrower will, and will cause each of its Restricted Subsidiaries to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges and franchises material to the conduct of its business; provided that business except in each case (i) where the foregoing shall failure to do so would not prohibit any mergerreasonably be expected to result in a Material Adverse Effect or (ii) as such action is not prohibited under Sections 6.03, consolidation, liquidation 6.04 or dissolution permitted under Section 6.036.05.

Appears in 15 contracts

Samples: Credit Agreement (Donnelley Financial Solutions, Inc.), Credit Agreement (Match Group, Inc.), Credit Agreement (Donnelley Financial Solutions, Inc.)

Existence; Conduct of Business. The Borrower will, and will cause each of its Subsidiaries to, do or cause to be done all things necessary to preserve, renew and keep maintain in full force and effect its legal existence and the its respective rights, licenses, permits, privileges privileges, franchises, patents, copyrights, trademarks and franchises trade names material to the conduct of its business; provided that the foregoing nothing in this Section shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.037.3.

Appears in 15 contracts

Samples: Credit Agreement (Apollo Medical Holdings, Inc.), Guaranty and Security Agreement (RadNet, Inc.), Second Lien Credit Agreement (Magnum Hunter Resources Corp)

Existence; Conduct of Business. The Borrower will, and will cause each of its Restricted Subsidiaries to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges and franchises material to the conduct of its business; provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.03.

Appears in 15 contracts

Samples: Credit Agreement (Geo Group Inc), Day Revolving Credit Agreement (NuStar GP Holdings, LLC), 364 Day Revolving Credit Agreement (NuStar GP Holdings, LLC)

Existence; Conduct of Business. The Borrower will, and will cause each of its Subsidiaries (other than Immaterial Subsidiaries) to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges and franchises material to the conduct of the business of the Borrower and its businessSubsidiaries, taken as a whole; provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution permitted not prohibited under Section 6.03.

Appears in 15 contracts

Samples: Senior Secured Credit Agreement (BlackRock Private Credit Fund), Senior Secured Revolving Credit Agreement (Goldman Sachs Middle Market Lending Corp. II), Senior Secured Revolving Credit Agreement (Blue Owl Capital Corp III)

Existence; Conduct of Business. The Borrower will, and will cause each of its Subsidiaries to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges and franchises material to the conduct of its business; provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.036.02.

Appears in 14 contracts

Samples: Credit Agreement (Cencosud S.A.), Credit Agreement, Revolving Loan Agreement (Harte Hanks Inc)

Existence; Conduct of Business. The Borrower will, and will cause each of its Subsidiaries to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and the take all reasonable action to maintain all material rights, licenses, permits, privileges and franchises material to necessary or desirable in the normal conduct of the business of the Borrower and its businessSubsidiaries; provided that the foregoing shall not prohibit any merger, consolidation, liquidation amalgamation, winding-up or dissolution permitted under Section 6.037.03.

Appears in 13 contracts

Samples: Guarantee and Security Agreement, Guarantee and Security Agreement, Loan Agreement (Western Asset Mortgage Defined Opportunity Fund Inc.)

Existence; Conduct of Business. The Borrower will, and will cause each of its the Subsidiaries to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges and franchises material to the conduct of its business; provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.036.04.

Appears in 13 contracts

Samples: Guaranty Agreement (Teradata Corp /De/), Credit Agreement (Convergys Corp), Assignment and Assumption (Teradata Corp /De/)

Existence; Conduct of Business. The Borrower will, and will cause each of its Significant Subsidiaries to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges and franchises material to the conduct of the business of the Borrower and its businessSubsidiaries, taken as a whole; provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution permitted not prohibited under Section 6.03.

Appears in 12 contracts

Samples: Senior Secured Credit Agreement (Blackstone / GSO Secured Lending Fund), Senior Secured Credit Agreement (Blackstone Private Credit Fund), Senior Secured Revolving Credit Agreement (PGIM Private Credit Fund)

Existence; Conduct of Business. The Borrower will, and will cause each of its Subsidiaries to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges and franchises material to the conduct of its business; provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.036.3.

Appears in 11 contracts

Samples: Credit Agreement (Harris Interactive Inc), Credit Agreement (Harris Interactive Inc), Credit Agreement (Borgwarner Inc)

Existence; Conduct of Business. The Borrower will, and will cause each of its Subsidiaries to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and the rights, qualifications, licenses, permits, privileges privileges, franchises, governmental authorizations and franchises intellectual property rights material to the conduct of its business, and maintain all requisite authority to conduct its business in each jurisdiction in which its business is conducted; provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.03.

Appears in 11 contracts

Samples: Credit Agreement (Symmetry Medical Inc.), Credit Agreement (Deluxe Corp), Credit Agreement (Measurement Specialties Inc)

Existence; Conduct of Business. The Borrower will, and will cause each of its Subsidiaries other Loan Party to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges privileges, franchises, patents, copyrights, trademarks and franchises trade names material to the conduct of its business; provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.03.

Appears in 11 contracts

Samples: Credit Agreement (DXP Enterprises Inc), Credit Agreement (DXP Enterprises Inc), Credit Agreement (Solaris Oilfield Infrastructure, Inc.)

Existence; Conduct of Business. The Borrower will, and will cause each of its Subsidiaries to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges and franchises material to the conduct of its business; provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.03.

Appears in 11 contracts

Samples: Term Loan Credit Agreement (Alcentra Capital Corp), Credit Agreement (Stellus Capital Investment Corp), Credit Facility Agreement (Great Wall Acquisition Corp)

Existence; Conduct of Business. The Borrower will, and will cause each of its Subsidiaries to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges and franchises material to the conduct of its businessbusiness except where the failure to do so in each case could not reasonably be expected to have a Material Adverse Effect; provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.03.

Appears in 10 contracts

Samples: Credit Agreement, Credit Agreement (Natural Resource Partners Lp), Credit Agreement (Natural Resource Partners Lp)

Existence; Conduct of Business. The Borrower will, and will cause each of its the Restricted Subsidiaries which are Material Subsidiaries to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges and franchises material to the conduct of its business; provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.036.04.

Appears in 10 contracts

Samples: Credit Agreement (Time Warner Inc.), Credit Agreement (Time Warner Inc.), Credit Agreement (Time Warner Cable Inc.)

Existence; Conduct of Business. The Borrower will, and will cause each of its the Subsidiaries to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges privileges, franchises, patents, copyrights, trademarks and franchises material to trade names the conduct loss of its businesswhich would have a Material Adverse Effect; provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.036.03 or disposition permitted under Section 6.05.

Appears in 10 contracts

Samples: Intercreditor Agreement (Horizon Global Corp), Credit Agreement (Horizon Global Corp), Term Intercreditor Agreement (Horizon Global Corp)

Existence; Conduct of Business. The Borrower will, and will cause each of its the Material Subsidiaries to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges and franchises material to the conduct of its business, except where the failure to do so (individually or collectively with all such failures) could not reasonably expected to have a Material Adverse Effect; provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.03.

Appears in 9 contracts

Samples: Revolving Credit Agreement (Kinder Morgan, Inc.), Revolving Credit Agreement (Kinder Morgan, Inc.), Revolving Credit Agreement (Kinder Morgan, Inc.)

Existence; Conduct of Business. The Borrower will, and will cause each of its Material Subsidiaries to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges and franchises material to the conduct of its business; provided that the foregoing shall not prohibit any sale of assets, merger, consolidation, liquidation or dissolution permitted under Section 6.03.

Appears in 8 contracts

Samples: Credit Agreement (Manitowoc Co Inc), Security Agreement (Manitowoc Foodservice, Inc.), Security Agreement (Manitowoc Foodservice, Inc.)

Existence; Conduct of Business. The Borrower will, and will cause each of its Subsidiaries Subsidiary to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges and franchises material to the conduct of its business, except to the extent any failure to do so by a Subsidiary could not reasonably be expected to result in a Material Adverse Effect; provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.036.02.

Appears in 8 contracts

Samples: Loan Agreement (Cooper Companies Inc), Loan Agreement (Cooper Companies, Inc.), Loan Agreement (Cooper Companies Inc)

Existence; Conduct of Business. The Borrower will, and will cause each of its Subsidiaries to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges and franchises material to the conduct of its businessfranchises; provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.036.04 or any transfer, disposition or abandonment of rights, licenses, permits, privileges or franchises that could not reasonably be expected to have a Material Adverse Effect.

Appears in 8 contracts

Samples: Credit Agreement (Fortune Brands Home & Security, Inc.), Term Loan Agreement (Fortune Brands Inc), First Amendment and Incremental Agreement (Fortune Brands Home & Security, Inc.)

Existence; Conduct of Business. The Borrower will, and will cause each of its Subsidiaries to, do or cause to be done all things necessary to preserve, renew and keep maintain in full force and effect its legal existence and the its respective rights, licenses, permits, privileges privileges, franchises, patents, copyrights, trademarks and franchises trade names material to the conduct of its business; provided provided, that the foregoing nothing in this Section shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.037.3.

Appears in 8 contracts

Samples: Revolving Credit Agreement (Deltic Timber Corp), Term Loan Credit Agreement (Deltic Timber Corp), Revolving Credit Agreement (Hughes Supply Inc)

Existence; Conduct of Business. The Borrower will, and will cause each of its Subsidiaries to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges and franchises material to the conduct of its business; provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution permitted not prohibited under Section 6.03.

Appears in 8 contracts

Samples: Senior Secured Revolving Credit Agreement (Ares Capital Corp), Senior Secured Credit Agreement (Ares Capital Corp), Senior Secured Credit Agreement (Ares Capital Corp)

Existence; Conduct of Business. The Such Borrower will, and will cause each of its Restricted Subsidiaries which are Material Subsidiaries to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges and franchises material to the conduct of its business; provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.036.04.

Appears in 7 contracts

Samples: Credit Agreement (Time Warner Inc), Credit Agreement (Aol Time Warner Inc), Credit Agreement (Aol Time Warner Inc)

Existence; Conduct of Business. The Borrower will, and will cause each of its Subsidiaries to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges and franchises material to the conduct of its business; provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution transaction permitted under Section 6.03.

Appears in 7 contracts

Samples: Senior Secured Revolving Credit Agreement (Medley Capital Corp), Senior Secured Term Loan Credit Agreement (Medley Capital Corp), Term Loan Credit Agreement (Medley Capital Corp)

Existence; Conduct of Business. The Borrower will, and will cause each of its Subsidiaries to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges privileges, agreements and franchises material to the conduct of its business; provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.038.03.

Appears in 7 contracts

Samples: Credit Agreement (Digital Generation Systems Inc), Credit Agreement (Digital Generation Systems Inc), Credit Agreement (Digital Generation Systems Inc)

Existence; Conduct of Business. The Borrower will, and will cause each of its Subsidiaries to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges and franchises material to the conduct of its business; provided PROVIDED that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.03.

Appears in 7 contracts

Samples: Credit Agreement (Wilson Greatbatch Technologies Inc), Credit Agreement (Liberty Media Corp /De/), Credit Agreement (Navteq Corp)

Existence; Conduct of Business. The Borrower will, and will cause each of its Subsidiaries Subsidiary to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges and franchises material to the conduct of the business of the Borrower and its businessSubsidiaries taken as a whole; provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.036.02.

Appears in 7 contracts

Samples: Credit Agreement (Belo Corp), Credit Facility Agreement (Belo Corp), Credit Facility Agreement (Belo Corp)

Existence; Conduct of Business. The Borrower will, and will cause each of its the Restricted Subsidiaries to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and the rights, licensesqualifications, permits, privileges approvals, accreditations, authorizations, Reimbursement Approvals, licenses, franchises, patents, copyrights, trademarks and franchises trade names material to the conduct of its business; provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.03.

Appears in 6 contracts

Samples: Credit Agreement (Select Medical Corp), Credit Agreement (Select Medical Corp), Credit Agreement (InnovAge Holding Corp.)

Existence; Conduct of Business. The Borrower will, and will cause each of its Subsidiaries to, do or cause to be done all things necessary to preserve, renew and keep maintain in full force and effect its legal existence and the its respective rights, licenses, permits, privileges privileges, franchises, patents, copyrights, trademarks and franchises trade names material to the conduct of its business; provided provided, that the foregoing nothing in this Section 5.3 shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.037.3.

Appears in 6 contracts

Samples: Revolving Credit Agreement (Ram Energy Resources Inc), Revolving Credit and Term Loan Agreement (Easylink Services International Corp), Credit and Term Loan Agreement (Catalyst Health Solutions, Inc.)

Existence; Conduct of Business. The Borrower will, and will cause each of its Subsidiaries (other than Immaterial Subsidiaries) to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges and franchises material to the conduct of its business; provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution permitted not prohibited under Section 6.03.

Appears in 6 contracts

Samples: Secured Revolving Credit Agreement (Capitala Finance Corp.), Secured Revolving Credit Agreement (Capitala Finance Corp.), Revolving Credit Agreement (Credit Suisse Park View BDC, Inc.)

Existence; Conduct of Business. The Borrower will, and will cause each of its the Subsidiaries to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and take all reasonable action to maintain the rights, licenses, permits, privileges and franchises material to the conduct of its business, except to the extent failure to do so could not reasonably be expected to result in a Material Adverse Effect; provided that the foregoing shall not prohibit any merger, consolidation, liquidation liquidation, dissolution or dissolution stock or asset sale permitted under Section 6.037.04.

Appears in 6 contracts

Samples: Credit Agreement (Health Net Inc), Credit Agreement (Health Net Inc), Term Loan Credit Agreement (Health Net Inc)

Existence; Conduct of Business. The Borrower will, and will cause each of its the Material Subsidiaries to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges and franchises material to the conduct of its business; provided that the foregoing shall not prohibit any merger or consolidation of the Borrower permitted under Section 6.04 or any merger, consolidation, liquidation or dissolution permitted under Section 6.03of a Subsidiary that is not otherwise prohibited by the terms of this Agreement.

Appears in 6 contracts

Samples: Agreement (Sunoco Inc), Amendment and Restatement Agreement (Sunoco Inc), Agreement (Sunoco Inc)

Existence; Conduct of Business. The Borrower will, and will cause each of its Subsidiaries to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges and franchises material to the conduct of its business; provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.03. Each Person that is a Borrower must at all times be a wholly owned Subsidiary of EDR.

Appears in 6 contracts

Samples: Credit Agreement (Education Realty Trust, Inc.), Credit Agreement (Education Realty Trust, Inc.), Credit Agreement (Education Realty Trust, Inc.)

Existence; Conduct of Business. The Borrower will, and will cause each of its Subsidiaries to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges and franchises material to the conduct of its business; provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.03.

Appears in 6 contracts

Samples: Loan and Security Agreement (K-Sea Transportation Partners Lp), Loan and Security Agreement (K-Sea Transportation Partners Lp), Participation and Loan and Security Agreement (K-Sea Tranportation Partners Lp)

Existence; Conduct of Business. The Borrower will, and will cause each of its Subsidiaries Restricted Subsidiary to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence (subject only to Section 6.3), and the obtain, preserve, renew and keep in full force and effect any and all rights, licenses, permits, privileges and franchises material to the conduct of its business; provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.03.

Appears in 6 contracts

Samples: Credit Agreement (Mercer International Inc.), Credit Agreement (Mercer International Inc.), Credit Agreement (Mercer International Inc.)

Existence; Conduct of Business. The Such Borrower will, and will cause each of its Subsidiaries to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges and franchises material to the conduct of its business; provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.03.

Appears in 6 contracts

Samples: Credit Agreement (Shyft Group, Inc.), Credit Agreement (Spartan Motors Inc), Credit Agreement (Shyft Group, Inc.)

Existence; Conduct of Business. The U.S. Borrower will, and will cause each of its Subsidiaries to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges and franchises material to the conduct of its business; provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.03.

Appears in 6 contracts

Samples: Credit Agreement (Miller Herman Inc), Credit Agreement (Miller Herman Inc), Credit Agreement (Miller Herman Inc)

Existence; Conduct of Business. The Borrower will, and will cause each of its Subsidiaries to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges and franchises material to the conduct of its businessPermitted Lines of Business; provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.036.04.

Appears in 6 contracts

Samples: Day Credit Agreement (Claiborne Liz Inc), Credit Agreement (Claiborne Liz Inc), Credit Agreement (Claiborne Liz Inc)

Existence; Conduct of Business. The Borrower will, and will cause each of its Subsidiaries other Loan Party to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges privileges, franchises, patents, copyrights, trademarks and franchises trade names material to the conduct of its business; provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.036.03 or any sale, transfer or disposition permitted under Section 6.05.

Appears in 6 contracts

Samples: Credit Agreement (Lubys Inc), Credit Agreement (Lubys Inc), Credit Agreement (Lubys Inc)

Existence; Conduct of Business. The Borrower will, and will cause the Parent and each of its the Borrower’s Subsidiaries to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges and franchises material to the conduct of its business; provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.03.

Appears in 6 contracts

Samples: Secured Revolving Credit Agreement (BlackRock TCP Capital Corp.), Secured Revolving Credit Agreement (BlackRock TCP Capital Corp.), Loan Documents (BlackRock TCP Capital Corp.)

Existence; Conduct of Business. The Borrower will, and will cause each of its Subsidiaries to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges and franchises material to the conduct of its business; provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.036.01.

Appears in 6 contracts

Samples: Credit Agreement (Griffin Realty Trust, Inc.), Credit Agreement (Griffin Capital Essential Asset REIT II, Inc.), Credit Agreement (Griffin Capital Essential Asset REIT, Inc.)

Existence; Conduct of Business. The Borrower will, and will cause each of its Consolidated Subsidiaries to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges and franchises material to the conduct of its business, except to the extent the failure to do so could not reasonably be expected to result in a Material Adverse Effect; provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.036.02.

Appears in 6 contracts

Samples: Credit Agreement (Tucson Electric Power Co), Credit Agreement (Tucson Electric Power Co), Credit Agreement (Tucson Electric Power Co)

Existence; Conduct of Business. The Borrower will, and will cause each of its Subsidiaries Subsidiary to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges and franchises material to the conduct of its businessbusiness unless the failure to do so could not reasonably be expected to have a Material Adverse Effect; provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.036.05.

Appears in 6 contracts

Samples: Credit Agreement (Service Corp International), Revolving Credit Agreement (Service Corporation International), Credit Agreement (Service Corporation International)

Existence; Conduct of Business. The Borrower will, and will cause each of its Subsidiaries to, do or cause to be done all things necessary to preserve, renew preserve and keep in full force and effect maintain its legal existence and the rights, licenses, permits, privileges and franchises material to the conduct of its businessbusiness except where the failure to do so could not reasonably be expected to result in a Material Adverse Effect; provided that the foregoing shall not allow or prohibit any merger, consolidation, liquidation or dissolution to the extent same is or is not permitted under Section 6.03.

Appears in 5 contracts

Samples: Bridge Loan Agreement (Ion Geophysical Corp), Assignment and Assumption (Quanex Building Products CORP), Credit Agreement (Quanex Corp)

Existence; Conduct of Business. The Borrower will, and will cause each of its Subsidiaries Material Subsidiary to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and (except with regard to any Broker Dealer Subsidiary) the rights, licenses, permits, privileges and franchises material to the conduct of its business; provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.036.04.

Appears in 5 contracts

Samples: Interim Credit Agreement (Broadridge Financial Solutions, Inc.), Credit Agreement (Broadridge Financial Solutions, Inc.), Credit Agreement (Broadridge Financial Solutions, Inc.)

Existence; Conduct of Business. The Borrower willshall, and will shall cause each of its Subsidiaries to, do or cause to be done all things necessary to preserve, renew and keep maintain in full force and effect its legal existence and the rights, licenses, permits, privileges and franchises all Governmental Approvals necessary or material to the conduct of its business; provided that the foregoing shall not prohibit any merger, amalgamation, consolidation, liquidation or dissolution permitted under Section 6.039.03.

Appears in 5 contracts

Samples: Credit Agreement and Guaranty (Zymergen Inc.), Credit Agreement (Thimble Point Acquisition Corp.), Credit Agreement and Guaranty (Zymergen Inc.)

Existence; Conduct of Business. The Borrower will, and will cause each of its Subsidiaries to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges and franchises material to the conduct of its business; provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.03. Each Property Subsidiary must at all times be a Subsidiary of Borrower.

Appears in 5 contracts

Samples: Credit Agreement (Education Realty Operating Partnership L P), Credit Agreement (Education Realty Operating Partnership L P), Credit Agreement (Education Realty Operating Partnership L P)

Existence; Conduct of Business. The Borrower will, and will cause each of its Subsidiaries to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges and franchises material required to the conduct of carry on its business; provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.03.

Appears in 5 contracts

Samples: Credit Agreement (Scansource, Inc.), Credit Agreement (Scansource, Inc.), Credit Agreement (Scansource Inc)

Existence; Conduct of Business. The Borrower Borrowers will, and will cause each of its their Subsidiaries to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges and franchises material to the conduct of its business; provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.03.

Appears in 5 contracts

Samples: Credit Agreement (Smith International Inc), Revolving Credit Agreement (Usec Inc), Revolving Credit Agreement (Water Pik Technologies Inc)

Existence; Conduct of Business. The Borrower will, and will cause each of its Subsidiaries to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges and franchises material to the conduct of its businessbusiness except to the extent that the failure to do so would not reasonably be expected to have a Material Adverse Effect; provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.036.03 or any transfer not prohibited hereunder.

Appears in 5 contracts

Samples: Credit Agreement (BLACK CREEK INDUSTRIAL REIT IV Inc.), Credit Agreement (BLACK CREEK INDUSTRIAL REIT IV Inc.), Credit Agreement (BLACK CREEK INDUSTRIAL REIT IV Inc.)

Existence; Conduct of Business. The Borrower will, and will cause each of its Subsidiaries to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges and franchises material to the conduct of its business; provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.035.02.(b).

Appears in 5 contracts

Samples: Credit Agreement (Gatx Financial Corp), Five Year Credit Agreement, Five Year Credit Agreement (Gatx Corp)

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Existence; Conduct of Business. The Borrower will, and will cause each of its the Subsidiaries to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges and franchises material to the conduct of its business; , provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.037.3 or any sale, lease, transfer or other disposition permitted by Section 7.5.

Appears in 5 contracts

Samples: Credit Agreement (Virtus Investment Partners, Inc.), Credit Agreement (Virtus Investment Partners, Inc.), Credit Agreement (Virtus Investment Partners, Inc.)

Existence; Conduct of Business. The Borrower will, and will cause each of its Subsidiaries to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges and franchises material to the conduct of the business of the Borrower and its businessSubsidiaries taken as a whole except to that extent that the failure to do so could not reasonably be expected to have a Material Adverse Effect; provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.03.

Appears in 5 contracts

Samples: Credit Agreement (Delhaize America Inc), Credit Agreement (Delhaize America Inc), Credit Agreement (Delhaize America Inc)

Existence; Conduct of Business. The Borrower will, and will cause each of its the Subsidiaries to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges and franchises material to the conduct of its business; provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.03.

Appears in 5 contracts

Samples: Credit Facility Agreement (Convergys Corp), Credit Agreement (Techteam Global Inc), Credit Agreement (Pharmerica Inc)

Existence; Conduct of Business. The Each Borrower will, and will cause each of its the Subsidiaries to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges and franchises material to the conduct of its their business, except where the failure to so preserve, renew or keep could not reasonably be expected to have a Material Adverse Effect; provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.03.

Appears in 5 contracts

Samples: Credit Agreement (Unit Corp), Credit Agreement (Unit Corp), Credit Agreement (Unit Corp)

Existence; Conduct of Business. The Borrower will, and will cause each of its Subsidiaries to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges and franchises material to the conduct of its business; provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.036.5.

Appears in 5 contracts

Samples: Loan Agreement (Fred Meyer Inc), Bridge Credit Agreement (Fred Meyer Inc), Credit Agreement (Fred Meyer Inc)

Existence; Conduct of Business. The Such Borrower will, and will cause each of its the Restricted Subsidiaries which are Material Subsidiaries to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges and franchises material to the conduct of its business; provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.036.04.

Appears in 5 contracts

Samples: Credit Agreement (Time Warner Inc.), Credit Agreement (Time Warner Inc.), Credit Agreement (Time Warner Inc.)

Existence; Conduct of Business. The Borrower Borrowers will, and will cause each of its their Subsidiaries to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges privileges, franchises, patents, copyrights, trademarks and franchises trade names material to the conduct of its business; provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.03.

Appears in 5 contracts

Samples: Credit Agreement (Phillips Van Heusen Corp /De/), Credit Agreement (Phillips Van Heusen Corp /De/), Credit Agreement (Phillips Van Heusen Corp /De/)

Existence; Conduct of Business. The Borrower will, and will cause each of its Subsidiaries to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges and franchises material to the conduct of its business; provided that the foregoing shall not prohibit any merger, consolidation, liquidation liquidation, dissolution or dissolution stock or asset sale permitted under Section 6.036.04.

Appears in 5 contracts

Samples: Credit Agreement (Unitedhealth Group Inc), Credit Agreement (Medtronic Inc), Credit Agreement (Medtronic Inc)

Existence; Conduct of Business. The Borrower will, and will cause each of its Covered Subsidiaries to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, registrations, permits, privileges and franchises material to the conduct of its business; provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.036.04.

Appears in 5 contracts

Samples: Revolving Credit Agreement (BrightSphere Investment Group Inc.), Revolving Credit Agreement (OM Asset Management PLC), Revolving Credit Agreement (BrightSphere Investment Group Inc.)

Existence; Conduct of Business. The Borrower will, and will cause each of its Subsidiaries (other than Immaterial Subsidiaries) to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges and franchises material to the conduct of its business; provided that the foregoing shall not prohibit (a) any merger, consolidation, liquidation or dissolution permitted under Section 6.036.03 or (b) the dissolution of any Financing Subsidiary.

Appears in 5 contracts

Samples: Revolving Credit Agreement (Stellus Capital Investment Corp), Secured Revolving Credit Agreement (Stellus Capital Investment Corp), Assignment and Assumption (Stellus Capital Investment Corp)

Existence; Conduct of Business. The Such Borrower will, and will cause each of its Subsidiaries (other than Immaterial Subsidiaries) to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges and franchises material to the conduct of its business; provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.03.

Appears in 4 contracts

Samples: Senior Secured (FS Investment Corp III), Senior Secured (FS Investment Corp II), Senior Secured (FS Investment CORP)

Existence; Conduct of Business. The Borrower will, and will cause each of its Material Subsidiaries to, do or cause to be done all things necessary to obtain, preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges privileges, authorizations and franchises material to the conduct of its business; provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution transaction permitted under Section 6.037.03.

Appears in 4 contracts

Samples: Assignment and Assumption (Best Buy Co Inc), 364 Day Credit Agreement (Best Buy Co Inc), Guarantee Assumption Agreement (Best Buy Co Inc)

Existence; Conduct of Business. The Borrower will, and will cause each of its Subsidiaries (other than Immaterial Subsidiaries) to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges and franchises material to the conduct of its business; provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution transaction permitted under Section 6.03.

Appears in 4 contracts

Samples: Senior Secured Revolving Credit Agreement (Medley Capital Corp), Senior Secured Term Loan Credit Agreement (Medley Capital Corp), Senior Secured Term Loan Credit Agreement (Medley Capital Corp)

Existence; Conduct of Business. The Borrower will, and will cause each of its Subsidiaries to, do or cause to be done all things necessary to preserve(i) carry on and conduct its principal business substantially as it is now being conducted, renew and keep (ii) maintain in full force and effect good standing its legal existence and its right to transact business in those states in which it is now or may after the rightsEffective Date be doing business, and (iii) maintain all licenses, permits, privileges permits and franchises material registrations necessary to the conduct of its business; provided that , except where the foregoing shall failure to so maintain its right to transact business or to maintain such licenses, permits or registrations would not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.03have a Material Adverse Effect.

Appears in 4 contracts

Samples: 364 Day Credit Agreement (Inergy L P), Credit Agreement (Inergy L P), Assignment and Assumption (Inergy L P)

Existence; Conduct of Business. The Each Borrower will, and will cause each of its respective Subsidiaries to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges and franchises material and necessary to the conduct of its business; provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.038.04.

Appears in 4 contracts

Samples: Credit Agreement (Navistar International Corp), Security Agreement (Navistar International Corp), Credit Agreement (Navistar International Corp)

Existence; Conduct of Business. The Borrower will, and will cause each of its Subsidiaries to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges and franchises material to the conduct of its business; provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.037.03(a).

Appears in 4 contracts

Samples: Revolving Credit Agreement (Chart Industries Inc), Credit Agreement (Chart Industries Inc), Guarantee Assumption Agreement (Chart Industries Inc)

Existence; Conduct of Business. The Borrower will, and will cause each of its Subsidiaries the Nationwide Core Entities to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges and franchises material to the conduct of its business; provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.03.

Appears in 4 contracts

Samples: Term Loan Agreement (Nationwide Health Properties Inc), Credit Agreement (Nationwide Health Properties Inc), Credit Agreement (Nationwide Health Properties Inc)

Existence; Conduct of Business. The Borrower will, and will cause each of its Restricted Subsidiaries which are Material Subsidiaries to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges and franchises material to the conduct of its business; provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.036.04.

Appears in 4 contracts

Samples: Credit Agreement (Aol Time Warner Inc), Credit Agreement (Time Warner Inc), Credit Agreement (Aol Time Warner Inc)

Existence; Conduct of Business. The Borrower will, and will cause each of its Subsidiaries Subsidiary to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges privileges, franchises, patents, copyrights, trademarks and franchises trade names material to the conduct of its business, except as could not, individually or in the aggregate, reasonably be expected to result in a Material Adverse Effect; provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.03.

Appears in 4 contracts

Samples: Credit Agreement (E TRADE FINANCIAL Corp), Credit Agreement (E TRADE FINANCIAL Corp), Day Credit Agreement (E TRADE FINANCIAL Corp)

Existence; Conduct of Business. The Borrower will, and will cause each of its the Subsidiaries to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges and franchises material to the conduct of its business; , provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.037.3.

Appears in 4 contracts

Samples: Credit Agreement (Insight Communications Co Inc), Credit Agreement (Bisys Group Inc), Credit Agreement (A C Moore Arts & Crafts Inc)

Existence; Conduct of Business. The Borrower will, and will cause each of its Consolidated Subsidiaries to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges and franchises material to the conduct of its business, except to the extent the failure to do so could not reasonably be expected to result in a Material Adverse Effect; provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.03.

Appears in 4 contracts

Samples: Loan Agreement (Unisource Energy Corp), Credit Agreement (Tucson Electric Power Co), Letter of Credit and Reimbursement Agreement (Unisource Energy Corp)

Existence; Conduct of Business. The Each Borrower will, and will cause each of its Restricted Subsidiaries to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges and franchises material to the conduct of its business; provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.03.

Appears in 4 contracts

Samples: Credit Agreement (Geo Group Inc), Credit Agreement (Geo Group Inc), Credit Agreement (Geo Group Inc)

Existence; Conduct of Business. The Borrower will, and will cause each of its Subsidiaries to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges and franchises material to the conduct of its business; , provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.037.3 or any sale, lease, transfer or other disposition permitted by Section 7.5.

Appears in 4 contracts

Samples: Credit Agreement (Franchise Group, Inc.), Credit Agreement (Liberty Tax, Inc.), Credit Agreement (Synchronoss Technologies Inc)

Existence; Conduct of Business. The Borrower will, and will cause each of its Subsidiaries to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and the rights, contracts, licenses, permits, privileges and franchises material to the conduct of its business; provided provided, that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.036.03 or any sale of assets permitted under Section 6.05.

Appears in 4 contracts

Samples: Credit Agreement (Dex Media, Inc.), Credit Agreement (Dex Media, Inc.), Credit Agreement (Dex Media, Inc.)

Existence; Conduct of Business. The Borrower will, and will cause each of its Subsidiaries (other than any Unrestricted Subsidiary) to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges privileges, franchises, patents, copyrights, trademarks and franchises trade names material to the conduct of its business; provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.03.

Appears in 4 contracts

Samples: Credit Agreement (United States Steel Corp), Credit Agreement (United States Steel Corp), Credit Agreement (United States Steel Corp)

Existence; Conduct of Business. The Borrower will, and will cause each of its Subsidiaries to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges and franchises material to the conduct of its business, except for failures to do so which, individually or collectively, would not reasonably be expected to result in a Material Adverse Effect; provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution transaction permitted under Section 6.03.

Appears in 4 contracts

Samples: Credit Agreement (Medco Health Solutions Inc), Credit Agreement (Medco Health Solutions Inc), Credit Agreement (Medco Health Solutions Inc)

Existence; Conduct of Business. The Borrower will, and will cause each of its Subsidiaries to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its and its Subsidiaries’ legal existence and the rights, licenses, permits, privileges and franchises material to the conduct of its business; provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution permitted not prohibited under Section 6.03.

Appears in 4 contracts

Samples: Credit Agreement (Enterprise GP Holdings L.P.), Credit Agreement (Enterprise GP Holdings L.P.), Credit Agreement (Enterprise GP Holdings L.P.)

Existence; Conduct of Business. The Borrower will, and will cause each of its Subsidiaries to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges and franchises material to the conduct of its businessbusiness except to the extent that the failure to do so would not reasonably be expected to have a Material Adverse Effect; provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.03.

Appears in 4 contracts

Samples: Credit Agreement (Industrial Property Trust Inc.), Credit Agreement (Industrial Property Trust Inc.), Credit Agreement and Term Loan Agreement (Industrial Property Trust Inc.)

Existence; Conduct of Business. The Borrower will, and will cause each of its Subsidiaries to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges and franchises material to the conduct of its business; provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.03.

Appears in 4 contracts

Samples: Credit Agreement (Mesa Laboratories Inc /Co), Credit Agreement (Smith International Inc), Credit Agreement (Smith International Inc)

Existence; Conduct of Business. The Borrower will, and will cause each of its Subsidiaries to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges and franchises material to the conduct of its businessbusiness except where the failure to do so would not reasonably be expected to result in a Material Adverse Effect; provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.03.

Appears in 4 contracts

Samples: Credit Agreement (NetApp, Inc.), Pledge Agreement (Network Appliance Inc), Credit Agreement (NetApp, Inc.)

Existence; Conduct of Business. The Borrower will, and will cause each of its Subsidiaries to, do or cause to be done all things reasonably necessary to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges and franchises material to the conduct of its business; provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.03.

Appears in 4 contracts

Samples: Term Loan Agreement (Perrigo Co), Credit Agreement (P F Changs China Bistro Inc), Credit Agreement (P F Changs China Bistro Inc)

Existence; Conduct of Business. The Borrower will, and will cause each of its Subsidiaries to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect (x) its legal existence and the or (y) its rights, licenses, permits, privileges and franchises material franchises, except in the case of clause (y), as would not reasonably be expected to the conduct of its businessresult in a Material Adverse Effect; provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution permitted not prohibited under Section 6.03.

Appears in 4 contracts

Samples: Credit Agreement (FIDUS INVESTMENT Corp), Secured Revolving Credit Agreement (FIDUS INVESTMENT Corp), Senior Secured (FIDUS INVESTMENT Corp)

Existence; Conduct of Business. The Borrower will, and will cause each of its Subsidiaries to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges privileges, franchises, patents, copyrights, trademarks and franchises trade names material to the conduct of its business, except to the extent that the failure to do so could not reasonably be expected to have a Material Adverse effect; provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.036.4.

Appears in 3 contracts

Samples: Collateral Agreement (SPX Corp), Reimbursement Agreement (SPX Corp), SPX Corp

Existence; Conduct of Business. The Borrower will, and will cause each of its Restricted Subsidiaries to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges privileges, franchises, patents, copyrights, trademarks and franchises trade names material to the conduct of its business; provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.03.

Appears in 3 contracts

Samples: Credit Agreement (Land O Lakes Inc), Credit Agreement (Land O Lakes Inc), Credit Agreement (Land O Lakes Inc)

Existence; Conduct of Business. The Borrower will, and will cause each of its Subsidiaries subsidiaries to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges and franchises material to the conduct of its business; provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.03.

Appears in 3 contracts

Samples: Revolving Credit Agreement (Valero Gp Holdings LLC), Revolving Credit Agreement (NuStar GP Holdings, LLC), 364 Day Revolving Credit Agreement (NuStar GP Holdings, LLC)

Existence; Conduct of Business. The Borrower will, and will cause each of its Subsidiaries to, do or cause to be done all things reasonably necessary to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges and franchises material to the conduct of its business; provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.036.03 or apply to any Non-Loan Party Immaterial Subsidiary.

Appears in 3 contracts

Samples: Cash Bridge Credit Agreement (Perrigo Co), Cash Bridge Credit Agreement (PERRIGO Co PLC), Debt Bridge Credit Agreement (Perrigo Co)

Existence; Conduct of Business. The Each Borrower will, and will cause each of its Subsidiaries to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges and franchises material to the conduct of its business; provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.03.

Appears in 3 contracts

Samples: Assignment and Assumption (Altair Engineering Inc.), Credit Agreement (Altair Engineering Inc.), Credit Agreement (Volt Information Sciences Inc)

Existence; Conduct of Business. The Each Borrower will, and will cause each of its Subsidiaries to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and and, except to the extent that the failure to do so would not reasonably be expected to have a Material Adverse Effect, the rights, licenses, permits, privileges and franchises material reasonably necessary to the conduct of its business; provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.036.3.

Appears in 3 contracts

Samples: Credit Agreement (Oaktree Capital Group, LLC), Credit Agreement (Oaktree Capital Group, LLC), Credit Agreement (Oaktree Capital Group, LLC)

Existence; Conduct of Business. The Borrower will, and will cause each of its Subsidiaries to, do or cause to be done all things necessary to preserve, renew and keep maintain in full force and effect its legal existence and the its respective material rights, licenses, permits, privileges privileges, franchises, Patents, Copyrights, Trademarks and franchises trade names that are material to for the conduct of its business, except where failure to do so would not reasonably be expected to result in a Material Adverse Effect; provided that the foregoing nothing in this Section shall not prohibit any merger, consolidation, liquidation or dissolution transaction that is permitted under Section 6.03hereunder.

Appears in 3 contracts

Samples: Credit Agreement (BioScrip, Inc.), Credit Agreement (BioScrip, Inc.), Priming Credit Agreement (BioScrip, Inc.)

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