Common use of Existence, Qualification, Etc Clause in Contracts

Existence, Qualification, Etc. The Borrower will, and will cause each of the Subsidiaries to, (i) do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and all material rights, permits, privileges, licenses and franchises, and (ii) maintain its license or qualification to do business as a foreign corporation and good standing in each jurisdiction in which its ownership or leasing of property or the nature of its business makes such license or qualification necessary, except, with respect to clause (ii) only, where the failure to do so could not reasonably be expected to have, individually or in the aggregate, a Material Adverse Effect; provided that the foregoing shall not prohibit any merger, consolidation, liquidation, dissolution, sale or transfer that is not prohibited by the provisions of Article VI.

Appears in 3 contracts

Samples: Credit Agreement, Credit Agreement (Healthsouth Corp), Senior Subordinated Credit Agreement (Healthsouth Corp)

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Existence, Qualification, Etc. The Borrower will, and will cause each of the Restricted Subsidiaries to, (ia) do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and all material rights, permits, privileges, licenses and franchises, and (iib) maintain its license or qualification to do business as a foreign corporation and good standing in each jurisdiction in which its ownership or leasing of property or the nature of its business makes such license or qualification necessary, except, with respect to clause (ii) only, in each case except where the failure to do so could would not reasonably be expected to have, individually or in the aggregate, a Material Adverse Effect; provided , its being understood that the foregoing shall not prohibit any merger, consolidation, liquidation, dissolution, sale or transfer that is not prohibited by the provisions of Article VI.

Appears in 2 contracts

Samples: Credit Agreement (Encompass Health Corp), Credit Agreement (Encompass Health Corp)

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