Common use of Existence; Maintenance of Properties Clause in Contracts

Existence; Maintenance of Properties. (a) The Borrower will preserve and keep in full force and effect its existence as a Delaware limited partnership. Each Guarantor will preserve and keep in full force and effect its legal existence in the jurisdiction of its incorporation or formation. The Borrower will cause each of its Subsidiaries which is not a Guarantor to preserve and keep in full force and effect their legal existence in the jurisdiction of its incorporation or formation except where such failure has not had and could not reasonably be expected to have a Material Adverse Effect. The Borrower will preserve and keep in full force all of its rights and franchises and those of its Subsidiaries, the preservation of which is necessary to the conduct of their business (except with respect to Subsidiaries of Borrower that are not Guarantors, where such failure has not had and could not reasonably be expected to have a Material Adverse Effect). Parent shall at all times comply with all requirements and applicable laws and regulations necessary to maintain REIT Status and shall continue to receive REIT Status. The common stock of Parent shall at all times be listed for trading and be traded on NASDAQ, the New York Stock Exchange or another nationally recognized exchange unless otherwise consented to by the Required Lenders. The Borrower shall continue to own directly or indirectly one hundred percent (100%) of the Subsidiary Guarantors.

Existence; Maintenance of Properties. (a) The Borrower will preserve and keep in full force the Guarantors will, and effect its existence as a Delaware limited partnership. Each Guarantor will preserve and keep in full force and effect its legal existence in the jurisdiction of its incorporation or formation. The Borrower will cause each of its their respective Subsidiaries which is not a Guarantor to to, preserve and keep in full force and effect their legal existence in the jurisdiction of its incorporation or formation formation, except where when (i) the Borrower or the Guarantors determine that such failure has Subsidiaries are no longer necessary for the conduct of their business, (ii) such Subsidiaries are not had the Borrower or a Guarantor hereunder and could not reasonably be expected to have a (iii) no Material Adverse EffectEffect results therefrom. The Borrower and Guarantors will preserve and keep in full force all of its their rights and franchises and those of its their Subsidiaries, the preservation of which is necessary to the conduct of their business business. The Borrower shall continue to own directly or indirectly one hundred percent (except with respect to Subsidiaries 100%) of Borrower that are not the Initial Subsidiary Guarantors and the Additional Subsidiary Guarantors, where such failure has not had and could not reasonably be expected to have a Material Adverse Effect). Parent The REIT shall at all times comply with all requirements and applicable laws and regulations necessary to maintain REIT Status and shall continue to receive REIT Status. The Borrower shall cause the common stock of Parent shall REIT to at all times be listed for trading and be traded on NASDAQ, the New York Stock Exchange or another nationally recognized national exchange approved by Agent, unless otherwise consented to by the Required Lenders. The Borrower shall continue to own directly or indirectly one hundred percent (100%) of the Subsidiary GuarantorsAgent.

Existence; Maintenance of Properties. (a) The Borrower will preserve and keep in full force the Guarantors will, and effect its existence as a Delaware limited partnership. Each Guarantor will preserve and keep in full force and effect its legal existence in the jurisdiction of its incorporation or formation. The Borrower will cause each of its their respective Subsidiaries which is not a Guarantor to to, preserve and keep in full force and effect their legal existence in the jurisdiction of its incorporation or formation formation, except where when (i) the Borrower or the Guarantors determine that such failure has Subsidiaries are no longer necessary for the conduct of their business, (ii) such Subsidiaries are not had the Borrower or a Guarantor hereunder and could not reasonably be expected to have a (iii) no Material Adverse EffectEffect results therefrom. The Borrower and Guarantors will preserve and keep in full force all of its their rights and franchises and those of its their Subsidiaries, the preservation of which is necessary to the conduct of their business (except with respect to Subsidiaries business. In the event Borrower or any Guarantor is a limited liability company, such Person shall not, nor shall any of Borrower that are not Guarantorsits members or managers, where such failure has not had and could not reasonably be expected to have a Material Adverse Effect). Parent shall at all times comply with all requirements and applicable laws and regulations necessary to maintain REIT Status and shall continue to receive REIT Status. The common stock of Parent shall at all times be listed for trading and be traded on NASDAQtake any action in furtherance of, the New York Stock Exchange or another nationally recognized exchange unless otherwise consented to by the Required Lendersconsummate, an LLC Division. The Borrower shall continue to own directly or indirectly one hundred percent (100%) of the Initial Subsidiary Guarantors and the Additional Subsidiary Guarantors. The REIT shall at all times comply with all requirements and Applicable Laws and regulations necessary to maintain REIT Status and continue to receive REIT Status. The Borrower shall cause the common stock of REIT to at all times be listed for trading and be traded on the New York Stock Exchange or another national exchange approved by Agent, unless otherwise consented to by the Agent.

Existence; Maintenance of Properties. (a) The Borrower will preserve Borrowers and keep in full force the Guarantors will, and effect its existence as a Delaware limited partnership. Each Guarantor will preserve and keep in full force and effect its legal existence in the jurisdiction of its incorporation or formation. The Borrower will cause each of its their respective Subsidiaries which is not a Guarantor to to, preserve and keep in full force and effect their legal existence in the jurisdiction of its incorporation or formation formation, except where when (i) the Borrowers or the Guarantors determine that such failure has Subsidiaries are no longer necessary for the conduct of their business, (ii) such Subsidiaries are not had a Borrower or Guarantor hereunder and could not reasonably be expected to have a (iii) no Material Adverse EffectEffect results therefrom. The Borrower Borrowers and Guarantors will preserve and keep in full force all of its their rights and franchises and those of its their Subsidiaries, the preservation of which is necessary to the conduct of their business business. QTLP shall continue to own directly or indirectly one hundred percent (except with respect 100%) of the Borrowers, QTS Richmond TRS and the Additional Subsidiary Guarantors. From and after the time that REIT elects to Subsidiaries be treated as a real estate investment trust under the Code (which date shall be no later than the end of Borrower that are not Guarantorsthe calendar year in which the IPO Event occurs), where such failure has not had and could not reasonably be expected Borrowers shall cause REIT to have a Material Adverse Effect). Parent shall at all times comply with all requirements and applicable laws and regulations necessary to maintain REIT Status and shall continue to receive REIT Status. The From and after the IPO Event, Borrowers shall cause the common stock of Parent shall REIT to at all times be listed for trading and be traded on NASDAQ, the New York Stock Exchange or another nationally recognized national exchange approved by Agent, unless otherwise consented to by the Required Lenders. The Borrower shall continue to own directly or indirectly one hundred percent (100%) of the Subsidiary GuarantorsAgent.

Existence; Maintenance of Properties. (a) The Except as permitted under §8.4 and §8.8, the Borrower will preserve and keep in full force and effect its existence as a Delaware limited partnership. Each each Guarantor will preserve and keep in full force and effect its legal existence in the jurisdiction of its incorporation or formation. The Borrower will cause each of its their respective Subsidiaries which is not a Guarantor to preserve and keep in full force and effect their legal existence in the jurisdiction of its incorporation or formation except where such failure has not had and could not reasonably be expected to have a Material Adverse Effectformation. The Borrower and each Guarantor will preserve and keep in full force all of its their rights and franchises and those of its their Subsidiaries, the preservation of which is necessary to the conduct of their business (except with respect and the failure to Subsidiaries of Borrower that are not Guarantors, where such failure has not had and have which could not reasonably be expected to have a Material Adverse Effect). Parent REIT shall at all times comply with all requirements and applicable laws Applicable Laws and regulations necessary to maintain REIT Status and shall continue to receive REIT Status. The REIT may elect to list the common stock of Parent shall at all times be listed REIT for trading and be traded on NASDAQ, the New York Stock Exchange or another nationally recognized exchange, subject to the prior written approval by Agent of all organizational and other matters related to the listing, and the common stock of REIT shall at all times after the date of such election be listed for trading and be traded on such nationally recognized exchange unless otherwise consented to by Agent and the Required Lenders. The Borrower shall continue to own directly or indirectly one hundred percent (100%) of the Subsidiary Guarantors.

Existence; Maintenance of Properties. (a) The Except as permitted under §§8.4 and 8.8, the Borrower and each Guarantor will (i) preserve and keep in full force and effect its existence as a Delaware limited partnership. Each Guarantor will preserve and keep in full force and effect its their legal existence in the jurisdiction of its incorporation or formation. The Borrower formation and (ii) will cause each of its their respective Subsidiaries which is that are not a Guarantor Guarantors to preserve and keep in full force and effect their legal existence in the jurisdiction of its incorporation or formation except where such failure has not had and could not reasonably be expected to have a Material Adverse Effect. The Borrower and each Guarantor will preserve and keep in full force all of its their rights and franchises and those of its their respective Subsidiaries, the preservation of which is necessary to the conduct of their business (except with respect to Subsidiaries of the Borrower that are not Guarantors, where such failure has not had and could not reasonably be expected to have a Material Adverse Effect). Parent REIT shall at all times comply with all requirements and applicable laws and regulations necessary to maintain REIT Status and shall continue to receive REIT Status. The common stock of Parent REIT shall at all times during the term of this Agreement be listed for trading and be traded on NASDAQ, the New York Stock Exchange Exchange, NASDAQ or another nationally recognized exchange unless otherwise consented to by the Required Lendersexchange. The Borrower REIT, Borrower, General Partner or TRS shall continue to own directly or indirectly one hundred percent (100%) of the Subsidiary Guarantors. In the event the Borrower or any Guarantor is a limited liability company, the Borrower and each Guarantor shall not, nor shall any of its members or managers, take any action in furtherance of, or consummate, an LLC Division.

Existence; Maintenance of Properties. (a) The Borrower will preserve and keep in full force the Guarantors will, and effect its existence as a Delaware limited partnership. Each Guarantor will preserve and keep in full force and effect its legal existence in the jurisdiction of its incorporation or formation. The Borrower will cause each of its their respective Subsidiaries which is not a Guarantor to to, preserve and keep in full force and effect their legal existence in the jurisdiction of its incorporation or formation formation, except where when (i) the Borrower or the Guarantors determine that such failure has Subsidiaries are no longer necessary for the conduct of their business, (ii) such Subsidiaries are not had the Borrower or a Guarantor hereunder and could not reasonably be expected to have a (iii) no Material Adverse EffectEffect results therefrom. The Borrower and Guarantors will preserve and keep in full force all of its their rights and franchises and those of its their Subsidiaries, the preservation of which is necessary to the conduct of their business (except with respect to Subsidiaries of Borrower that are not Guarantors, where such failure has not had and could not reasonably be expected to have a Material Adverse Effect). Parent shall at all times comply with all requirements and applicable laws and regulations necessary to maintain REIT Status and shall continue to receive REIT Status. The common stock of Parent shall at all times be listed for trading and be traded on NASDAQ, the New York Stock Exchange or another nationally recognized exchange unless otherwise consented to by the Required Lendersbusiness. The Borrower shall continue to own directly or indirectly one hundred percent (100%) of the Initial Subsidiary Guarantors and the Additional Subsidiary Guarantors. From and after the time that REIT elects to be treated as a real estate investment trust under the Code (which date shall be no later than the end of the calendar year in which the IPO Event occurs), the Borrower shall cause REIT to at all times comply with all requirements and applicable laws and regulations necessary to maintain REIT Status and continue to receive REIT Status. From and after the IPO Event, the Borrower shall cause the common stock of REIT to at all times be listed for trading and be traded on the New York Stock Exchange or another national exchange approved by Agent, unless otherwise consented to by the Agent.

Existence; Maintenance of Properties. (a) The Borrower will preserve and keep in full force and effect its existence as a Delaware limited partnership. Each Guarantor will preserve and keep in full force and effect its legal existence in the jurisdiction of its incorporation or formation. The Borrower will cause each of its the Guarantors and their respective Subsidiaries which is not a Guarantor to preserve and keep in full force and effect their legal existence in the jurisdiction of its incorporation or formation except where when (i) the Borrower or the Guarantors determine that such failure has Subsidiaries are no longer necessary for the conduct of their business, (ii) such Subsidiaries are not had the Borrower, a Guarantor or an Unencumbered Property Subsidiary hereunder and could not reasonably be expected to have a (iii) no Default, Event of Default or Material Adverse EffectEffect results therefrom. The Borrower will preserve and keep in full force all of its rights and franchises and those of its the Guarantors and their respective Subsidiaries, the preservation of which is necessary to the conduct of their business (except with respect business. Borrower shall cause REIT to Subsidiaries of Borrower that are not Guarantors, where such failure has not had and could not reasonably be expected to have a Material Adverse Effect). Parent shall at all times comply with all requirements and applicable laws and regulations necessary to maintain REIT Status and shall continue to receive REIT Status. The Borrower shall cause the common stock of Parent shall REIT to at all times be listed for trading and be traded on NASDAQ, the New York Stock Exchange or another nationally recognized national exchange approved by Agent, unless otherwise consented to by the Required Majority Lenders. The Borrower shall continue to own directly or indirectly one hundred percent (100%) of the Subsidiary GuarantorsGuarantors and Unencumbered Property Subsidiaries.

Existence; Maintenance of Properties. (a) The Except as permitted under §8.4 and §8.8, the Borrower will preserve and keep in full force and effect its existence as a Delaware limited partnership. Each each Guarantor will preserve and keep in full force and effect its legal existence in the jurisdiction of its incorporation or formation. The Borrower will cause each of its their respective Subsidiaries which is not a Guarantor to preserve and keep in full force and effect their legal existence in the jurisdiction of its incorporation or formation except where such failure has not had and could not reasonably be expected to have a Material Adverse Effectformation. The Borrower and each Guarantor will preserve and keep in full force all of its their rights and franchises and those of its their Subsidiaries, the preservation of which is necessary to the conduct of their business (except with respect and the failure to Subsidiaries of Borrower that are not Guarantors, where such failure has not had and have which could not reasonably be expected to have a Material Adverse Effect). Parent REIT shall at all times comply with all requirements and applicable laws and regulations necessary to maintain REIT Status and shall continue to receive REIT Status. The REIT may elect to list the common stock of Parent shall at all times be listed REIT for trading and be traded on NASDAQ, the New York Stock Exchange or another nationally recognized exchange, subject to the prior written approval by Agent of all organizational and other matters related to the listing, and the common stock of REIT shall at all times after the date of such election be listed for trading and be traded on such nationally recognized exchange unless otherwise consented to by Agent and the Required Majority Lenders. The Borrower shall continue to own directly or indirectly one hundred percent (100%) of the Subsidiary Guarantors.