Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its existence, rights (charter and statutory) and franchises; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 158 contracts
Samples: Indenture (American Capital Senior Floating, Ltd.), Hillenbrand (Hillenbrand, Inc.), Indenture (American Capital, LTD)
Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its the existence, rights (charter and statutory) and franchisesfranchises of the Company; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors it shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 133 contracts
Samples: Indenture (Amplify Energy Corp.), Amplify Energy Corp., Indenture (COG Operating LLC)
Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its the existence, rights (charter and statutory) and franchisesfranchises of the Company; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 36 contracts
Samples: Senior Indenture (Highland Autoplex Inc), Senior Indenture (Newfield Exploration Co /De/), Indenture (Rf Micro Devices Inc)
Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its existence, rights (charter and statutory) and franchises; providedPROVIDED, howeverHOWEVER, that the Company shall not be required to preserve any such right or franchise if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 21 contracts
Samples: Indenture (Nextlink Communications Inc / De), Indenture (Pinnacle West Capital Corp), Indenture (Nextlink Communications Inc /De/)
Existence. Subject to Article Eight8, the Company will shall do or cause to be done all things necessary to preserve and keep in full force and effect its existence, rights (charter and statutory) and franchises; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors of the Company shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 20 contracts
Samples: Indenture (Affymetrix Inc), Indenture (Sohu Com Inc), Indenture (Oscient Pharmaceuticals Corp)
Existence. Subject to Article EightTen, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its existence, rights (charter and statutory) and franchises; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the Holdersholders.
Appears in 19 contracts
Samples: Indenture (Athene Holding LTD), Indenture (KEMPER Corp), Indenture (Metlife Inc)
Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its the existence, rights (charter and statutory) and franchisesfranchises of the Company and its Subsidiaries; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and its Subsidiaries as a whole and that the loss thereof is not disadvantageous in any material respect to the HoldersHolders of Securities of any series.
Appears in 18 contracts
Samples: Indenture (Amb Property Lp), Reconciliation And (Provident Companies Inc /De/), Indenture (Capstone Turbine Corp)
Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its existence, rights (charter and statutory) and franchises; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors Company shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 17 contracts
Samples: Indenture (Abbott Laboratories), Agency Agreement (Zimmer Biomet Holdings, Inc.), Agency Agreement (Zimmer Biomet Holdings, Inc.)
Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its legal existence, rights (charter and statutory) and franchises; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 17 contracts
Samples: Principal Financial (Principal Financial Services Inc), Principal Financial (Principal Financial Group Inc), Principal Financial (Principal Financial Group Inc)
Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its existence, rights (charter and statutory) and franchises; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the Holdersability of the Company to make payments hereunder.
Appears in 14 contracts
Samples: Indenture (PetroQuest Energy, L.L.C.), Indenture (PetroQuest Energy, L.L.C.), Indenture (Global Signal Inc)
Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its existence, corporate existence and the rights (charter and statutory) and franchisesfranchises of the Company; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 13 contracts
Samples: Meta Financial Group Inc, Meta Financial Group Inc, Liquid Media Group Ltd.
Existence. Subject to Article EightTwelve, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its existence, existence and rights (charter and statutory) and franchises); provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors Company shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the HoldersNoteholders.
Appears in 12 contracts
Samples: Kulicke and Soffa (Kulicke & Soffa Industries Inc), Indenture (Spectrasite Holdings Inc), Indenture (Lattice Semiconductor Corp)
Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its existence, rights (charter and statutory) and franchises; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors in good faith shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 12 contracts
Samples: Indenture (Loews Cineplex Entertainment Corp), Indenture (Hollywood Theaters Inc), Philip Services Corp/De
Existence. Subject to Article Eight12, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its existence, existence and rights (charter and statutory) and franchises); provided, however, provided that the Company shall not be required to preserve any such right or franchise if the Board of Directors Company shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the HoldersNoteholders.
Appears in 11 contracts
Samples: Indenture (Ryerson Tull Inc /De/), Registration Rights Agreement (Walter Industries Inc /New/), Registration Rights Agreement (Alliant Techsystems Inc)
Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, all material rights (charter by articles of incorporation, by-laws and statutorystatute) and material franchises; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the HoldersCompany.
Appears in 11 contracts
Samples: Indenture (Avalonbay Communities Inc), Supplemental Indenture (Omega Healthcare Investors Inc), Indenture (Trinet Corporate Realty Trust Inc)
Existence. Subject to Article EightNine, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its the existence, rights (charter and statutory) and franchisesfranchises of the Company; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors it shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the HoldersCompany.
Appears in 10 contracts
Samples: Supplemental Indenture (Concho Resources Inc), Supplemental Indenture (Concho Resources Inc), Fourteenth Supplemental Indenture (Concho Resources Inc)
Existence. Subject to Article Eight, the Company will shall do or cause to be done all things necessary to preserve and keep in full force and effect its existence, rights (charter and statutory) and franchises; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors of the Company shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 10 contracts
Samples: Indenture (Avon Products Inc), Indenture (Retirement Inns of America, Inc.), Indenture (Avon Products Inc)
Existence. Subject to Article Eight8, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its the existence, rights (charter and statutory) and franchisesfranchises of the Company; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors of the Company shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 10 contracts
Samples: Indenture (Hornbeck Offshore Services LLC), Indenture (Energy Services Puerto Rico LLC), Indenture (Hornbeck Offshore Services LLC)
Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its their respective existence, rights (charter and statutory) and franchises; provided, however, that the Company shall not be required to preserve any such right or franchise if the its Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the HoldersHolders of Outstanding Securities.
Appears in 9 contracts
Samples: Indenture (Intercontinental Exchange, Inc.), Indenture (Intercontinental Exchange, Inc.), Indenture (Intercontinental Exchange, Inc.)
Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, all material rights (charter by certificate of incorporation, by-laws and statutorystatute) and all material franchises; providedPROVIDED, howeverHOWEVER, that the Company shall not be required to preserve any such right or franchise if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the HoldersCompany.
Appears in 8 contracts
Samples: Indenture (Pan Pacific Retail Properties Inc), Form of Indenture (Realty Income Corp), Indenture (Neurocrine Biosciences Inc)
Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its existence, rights (charter and statutory) and franchises; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors Company shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the HoldersCompany.
Appears in 7 contracts
Samples: Indenture (Pacific Ethanol, Inc.), Indenture (Globalstar, Inc.), Indenture (Globalstar, Inc.)
Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, all material rights (charter by articles of incorporation, by-laws and statutorystatute) and material franchises; providedPROVIDED, howeverHOWEVER, that the Company shall not be required to preserve any such right or franchise if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the HoldersCompany.
Appears in 7 contracts
Samples: Indenture (Wyman Gordon Co), Bay Apartment Communities Inc, Trinet Corporate Realty Trust Inc
Existence. Subject to Article Eight11, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its existence, existence and rights (charter and statutory) and franchises); provided, however, provided that the Company shall not be required to preserve any such right or franchise if the Board of Directors Company shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the HoldersNoteholders.
Appears in 7 contracts
Samples: Indenture (Airtran Airways Inc), Indenture (Alliant Techsystems Inc), Indenture (O Reilly Automotive Inc)
Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its existence, rights (charter and statutory) and franchises; providedPROVIDED, howeverHOWEVER, that the Company shall not be required to preserve any such right or franchise if the Board of Directors Company shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 7 contracts
Samples: Indenture (AbbVie Inc.), Indenture (ONE Gas, Inc.), Indenture (Abbott Laboratories)
Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its existence, rights (charter declaration and statutory) and franchises; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the HoldersCompany.
Appears in 7 contracts
Samples: Health and Retirement Properties Trust (Health & Retirement Properties Trust), Health and Retirement Properties Trust (Health & Retirement Properties Trust), Hospitality Properties Trust
Existence. Subject to Article Eight9, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its existence, rights (charter and statutory) ), and franchises; provided, however, that the Company shall will not be required to preserve any such right or franchise if the Board of Directors shall determine determines that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is will not disadvantageous result in any material respect to the Holdersa Material Adverse Effect.
Appears in 6 contracts
Samples: Indenture (Home Depot Inc), Indenture (Dendreon Corp), Indenture (Dendreon Corp)
Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its the existence, rights (charter and statutory) and franchisesfranchises of itself and of each Guarantor; provided, however, that the Company and the Guarantors shall not be required to preserve any such right or franchise if the its Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 6 contracts
Samples: Indenture (Capitalsource Holdings LLC), Indenture (Capitalsource Holdings LLC), Carramerica Realty Corp
Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its existence, rights (charter and statutory) and franchises; provided, however, that the Company shall not be required to preserve any such right or franchise if the its Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 6 contracts
Samples: Indenture (Boingo Wireless Inc), Indenture (Medicinova Inc), Indenture (Aemetis, Inc)
Existence. Subject to Article Eight, the Company Corporation will do or cause to be done all things necessary to preserve and keep in full force and effect its existence, rights (charter and statutory) and franchises; provided, however, that the Company Corporation shall not be required to preserve any such right or franchise if the Board of Directors Trustees shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company Corporation and that the loss thereof is not disadvantageous in any material respect to the HoldersHolders of Outstanding Securities.
Appears in 6 contracts
Samples: Wellcare Health Plans, Inc., Wellcare Health Plans, Inc., Wellcare Health Plans, Inc.
Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its existence, rights (charter and statutory) and franchises; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 6 contracts
Samples: Carramerica Realty Corp, Carramerica Realty Corp, Indenture (Carramerica Realty Corp)
Existence. Subject to Article Eight, the Company will do or cause to be done all the things necessary to preserve and keep in full force and effect its existence, rights (charter and statutory) and franchises; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors it shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the HoldersCompany.
Appears in 6 contracts
Samples: Indenture (Amcv Capital Trust I), KBK Capital Trust I, Amcv Capital Trust I
Existence. Subject to Article EightNine, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its the existence, rights (charter and statutory) and franchisesfranchises of the Company; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors it shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the HoldersCompany. Section 1106. [Reserved].
Appears in 5 contracts
Samples: Fourth Supplemental Indenture (Concho Resources Inc), Supplemental Indenture (Concho Resources Inc), Supplemental Indenture (Stone Energy Corp)
Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its existence, rights (charter partnership and statutory) and franchises; providedPROVIDED, howeverHOWEVER, that the Company shall not be required to preserve any such right or franchise if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 5 contracts
Samples: Weeks Realty L P, Meridian Industrial Trust Inc, Weeks Realty L P
Existence. Subject to Article Eight8, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its existence, rights (charter and statutory) and franchises; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 5 contracts
Samples: Indenture (Cii Financial Inc), Indenture (Fiserv Inc), Indenture (Analog Devices Inc)
Existence. Subject to Article Eight12, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its existence, existence and rights (charter and statutory) and franchises); provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors Company shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the HoldersDebentureholders.
Appears in 5 contracts
Samples: Indenture (Mentor Graphics Corp), Indenture (Mentor Graphics Corp), Mentor Graphics Corp
Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its the existence, rights (charter and statutory) and franchisesfranchises of the Company; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the HoldersCompany.
Appears in 5 contracts
Samples: Indenture (Penn Virginia Corp), Senior Indenture (Penn Virginia MC CORP), Indenture (Penn Virginia Corp)
Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its existence, corporate rights (charter and statutory) and corporate franchises; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 5 contracts
Samples: Indenture (Jostens Inc), Article Seven (Pentair Inc), Indenture (Deluxe Corp)
Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its existence, rights (charter and statutory) and franchises; providedPROVIDED, howeverHOWEVER, that the Company shall not be required to preserve any such right or franchise if the Board of Directors Directors, or the principal executive officer and principal financial officer of the Company acting jointly, shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 5 contracts
Samples: Scholastic Corp, Scholastic Corp, Scholastic Corp
Existence. Subject to Article EightSeven, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its existence, rights (charter and statutory) and franchises; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the HoldersHolders of the Notes.
Appears in 5 contracts
Samples: Indenture (Southwest Gas Corp), Indenture (Southwest Gas Corp), Indenture (Southwest Gas Corp)
Existence. Subject to Article Eight13 hereof, the Company will shall do or cause to be done all things necessary to preserve and keep in full force and effect its existence, rights (charter and statutory) and franchises; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors of the Company shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 5 contracts
Samples: Indenture (Minefinders Corp Ltd.), Indenture (Minefinders Corp Ltd.), Indenture (Minefinders Corp Ltd.)
Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its existence, rights (charter and statutory) and franchises; providedPROVIDED, howeverHOWEVER, that the Company shall not be required to preserve any such right or franchise if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the Holdersability of the Company to make payments hereunder.
Appears in 5 contracts
Samples: Indenture (Tyler & Sanders Roads, Birmingham-Alabama, LLC), Tyler & Sanders Roads, Birmingham-Alabama, LLC, Indenture (Russell Corp)
Existence. Subject to Article EightSeven, the Company will do or cause to be done all ------------- things necessary to preserve and keep in full force and effect its existence, rights (charter and statutory) and franchises; provided, however, that the -------- ------- Company shall not be required to preserve any such right or franchise if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 5 contracts
Samples: Indenture (Medarex Inc), Indenture (Cor Therapeutics Inc / De), Digital Island Inc
Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, rights (charter and statutory) and franchises; provided, however, that the Company shall not be required to preserve any such right or franchise franchise, if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 5 contracts
Samples: Exhibit 4 (Converse Inc), Kent Electronics Corp, Building One Services Corp
Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its existence, rights (charter and statutory) and franchises; provided, however, that the -------- ------- Company shall not be required to preserve any such right or franchise if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 5 contracts
Samples: Indenture (Bank Plus Corp), Indenture (Sprint Capital Corp), Bank Plus Corp
Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its existence, rights (charter by partnership agreement and statutorystatute) and franchises; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors shall determine it determines that the preservation thereof is no longer desirable in the conduct of the its business of the Company and that the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 4 contracts
Samples: Liberty Property Limited Partnership, Liberty Property Limited Partnership, Liberty Property Limited Partnership
Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, rights (charter and statutory) and franchises; providedPROVIDED, howeverHOWEVER, that the Company shall will not be required to preserve any such right or franchise if the Board of Directors shall determine it determines that the preservation thereof is no longer desirable in the conduct of the its business of the Company and that the loss thereof is not disadvantageous in any material respect to the HoldersHolders of the outstanding Debt Securities.
Appears in 4 contracts
Samples: Indenture (Bre Properties Inc /Md/), Indenture (Bre Properties Inc /Md/), Bre Properties Inc /Md/
Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its existenceexistence as a corporation, rights (charter and statutory) and franchises; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the HoldersCompany.
Appears in 4 contracts
Samples: Indenture (Semco Capital Trust), Indenture (Semco Capital Trust), Indenture (Semco Capital Trust Iii)
Existence. Subject to Article Eight, the Company will shall do or cause to be done all things necessary to preserve and keep in full force and effect its existence, rights (charter and statutory) and franchises; provided, however, that the Company shall not be required to preserve any such right or franchise if the its Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the HoldersCompany.
Appears in 4 contracts
Samples: Indenture (Harrahs Operating Co Inc), Indenture (Harrahs Operating Co Inc), Indenture (Harrahs Operating Co Inc)
Existence. Subject to Article Eight10, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its existence, existence and rights (charter and statutory) and franchises); provided, however, that the Company shall will not be required to preserve any such right or franchise if the Board of Directors shall determine determines that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is will not disadvantageous result in any material respect to the Holdersa Material Adverse Effect.
Appears in 4 contracts
Samples: Indenture (Honeywell International Inc), Indenture (Lexmark International Inc /Ky/), Honeywell International Inc
Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its existence, rights (charter and statutory) and franchisesfranchises and the existence, rights (charter and statutory) and franchises of each Subsidiary; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 4 contracts
Samples: Indenture (Personnel Group of America Inc), Indenture (Speedway Motorsports Inc), Purchase Agreement (World Airways Inc /De/)
Existence. Subject to Article Eight10, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its existence, existence and rights (charter and statutory) and franchises); provided, however, provided that the Company shall will not be required to preserve any such right or franchise if the Board of Directors shall determine determines that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is will not be disadvantageous in any material respect to the Holders.
Appears in 4 contracts
Samples: Indenture (Axsome Therapeutics, Inc.), Indenture (Lion Biotechnologies, Inc.), Indenture (Axsome Therapeutics, Inc.)
Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its existence, rights (charter and statutory) and franchises; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the HoldersCompany.
Appears in 4 contracts
Samples: Rowan Companies Inc, Cornell Abraxas Group, Inc., Article Twelve (Kroger Co)
Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, all material rights (charter and statutory) and material franchises; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 4 contracts
Samples: Boston Private Financial Holdings Inc, Boston Private Financial Holdings Inc, Boston Private Financial Holdings Inc
Existence. Subject to Article EightSix, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its existence, rights (charter and statutory) and franchises; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 4 contracts
Samples: Asm International N V, Cell Therapeutics Inc, Iridium LLC
Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its the existence, rights (charter and statutory) and franchisesfranchises of the Company and each Subsidiary Guarantor; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors of the Company in good faith shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 3 contracts
Samples: Indenture (Universal Brixius Inc), Poindexter J B & Co Inc, Poindexter J B & Co Inc
Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its existence, rights (charter and statutory) and franchisesfranchises and the existence, rights (charter and statutory) and franchises of its subsidiaries; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 3 contracts
Samples: Northrop Grumman Corp /De/, Northrop Grumman Corp /De/, Northrop Grumman Corp /De/
Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its existence, rights (charter and statutory) and franchises; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors it shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the Holders.Company. 51
Appears in 3 contracts
Samples: El Paso Natural Gas Co, El Paso Natural Gas Co, El Paso Natural Gas Co
Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its existence, rights (charter and statutory) and franchises; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors it shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the HoldersCompany. SECTION 1006.
Appears in 3 contracts
Samples: Tennessee Gas Pipeline Co, Tennessee Gas Pipeline Co, El Paso Tennessee Pipeline Co
Existence. Subject to Article Eight11, the Company will shall do or cause to be done all things necessary to preserve and keep in full force and effect its existence, rights (charter and statutory) and franchises; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors of the Company shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 3 contracts
Samples: Indenture (Xilinx Inc), Indenture (Intel Corp), Indenture (Verisign Inc/Ca)
Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its the existence, rights (charter and statutory) franchises of itself and franchisesof each Guarantor; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and the Guarantors taken as a whole and that the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 3 contracts
Samples: Indenture (Carramerica Realty Corp), Indenture (Carramerica Realty L P), Carramerica Realty L P
Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its existence, rights (charter and statutory) and franchises; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors it shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the HoldersCompany.
Appears in 3 contracts
Samples: Indenture (Santa Fe Snyder Corp), El Paso Energy Corp/De, El Paso Energy Capital Trust Iii
Existence. Subject to Article EightEight and Section 1018, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its existence, rights (charter and statutory) and franchises; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors in good faith shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 3 contracts
Samples: Indenture (Forest City Enterprises Inc), Forest City Enterprises Inc, Forest City Enterprises Inc
Existence. Subject to Article EightARTICLE SEVEN, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its existence, rights (charter and statutory) and franchises; providedPROVIDED, howeverHOWEVER, that the Company shall not be required to preserve any such right or franchise if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 3 contracts
Samples: Indenture (Etoys Inc), Indenture (Etoys Inc), Indenture (Millennium Pharmaceuticals Inc)
Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its the existence, rights (charter and statutory) and franchisesfranchises of the Company and each Subsidiary Guarantor; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors in good faith shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 3 contracts
Samples: Indenture (Staples Inc), Indenture (Staples Inc), Indenture (Staples Inc)
Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, all material rights (charter by certificate of incorporation, by-laws and statutorystatute) and material franchises; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the HoldersCompany.
Appears in 3 contracts
Samples: Shurgard Storage Centers Inc, Shurgard Storage Centers Inc, Shurgard Storage Centers Inc
Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its existence, rights (charter and statutory) and franchises; providedPROVIDED, howeverHOWEVER, that the Company shall not be required to preserve any such right or franchise if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the HoldersHolders and, while any Capital Securities are outstanding, the holders of the Capital Securities.
Appears in 2 contracts
Samples: Indenture (Washington Mutual Capital I), Indenture (Commerce Security Bancorp Inc)
Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its it existence, rights (charter and statutory) and franchises; provided, however, provided that the Company shall not be required to preserve any such right or franchise if the Board of Directors Company shall determine that the its preservation thereof is no longer desirable in the conduct of the business of the Company and that the its loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 2 contracts
Samples: National Data Corp, Reptron Electronics Inc
Existence. Subject to Article EightSection 8, the Company will shall do or cause to be done all things necessary to preserve and keep in full force and effect its existence, rights (charter and statutory) and franchises; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors of the Company shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 2 contracts
Samples: Subordination Agreement (Sac Capital Advisors LLC), Subordination Agreement (Prentice Capital Management, LP)
Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its existence, rights (charter and statutory) and franchises; providedPROVIDED, howeverHOWEVER, that the Company shall not be required to preserve any such right or franchise if the Board of Directors in good faith shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 2 contracts
Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, rights (charter and statutory) and franchises; provided, however, that the Company shall will not be required to preserve any such right or franchise if the its Board of Directors shall determine determines that the preservation thereof is no longer desirable in the conduct of the its business of the Company and that the loss thereof is not disadvantageous in any material respect to the HoldersHolders of the Debt Securities Outstanding under this Indenture.
Appears in 2 contracts
Samples: Indenture (Bre Properties Inc /Md/), Bre Properties Inc /Md/
Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its existence, rights (charter and statutory) and franchises; provided, however, that the Company shall not be required to preserve any any-such right or franchise if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 2 contracts
Samples: Indenture (Olympic Financial LTD), Olympic Financial LTD
Existence. Subject to Article EightEleven, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its existence, rights (charter and statutory) and franchises; provided, however, that the Company shall not be required to preserve any such right rights or franchise if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the HoldersSecurityholders.
Appears in 2 contracts
Samples: Residential Capital Corp, Gmac Residential Holding Corp.
Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, all material rights (charter by articles of incorporation, by-laws and statutorystatute) and material franchises; , provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors Trustees shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the HoldersCompany.
Appears in 2 contracts
Samples: Indenture (Lexington Corporate Properties Trust), Lexington Corporate Properties Inc
Existence. Subject to Article Eight, the Company will do or --------- cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, all material rights (charter by articles of incorporation, by-laws and statutorystatute) and material franchises; provided, however, -------- ------- that the Company shall not be required to preserve any such right or franchise if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the HoldersCompany.
Appears in 2 contracts
Samples: Indenture (Trinet Corporate Realty Trust Inc), Trinet Corporate Realty Trust Inc
Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, rights (charter and statutory) and franchises; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 2 contracts
Samples: Oracle Corp /De/, Oracle Corp /De/
Existence. Subject to Article Eight8, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, rights (charter and statutory) and franchises; providedPROVIDED, howeverHOWEVER, that the Company shall not be required to preserve any such right or franchise if the Board of Directors of the Company shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 2 contracts
Samples: Indenture (Golden Star Resources LTD), Stillwater Mining Co /De/
Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its legal existence, rights (charter and statutory) and franchisesfranchises of the Company, the Subsidiary Guarantors and any Restricted Subsidiary; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors Company shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 2 contracts
Samples: Senior Indenture (EAM Corp), Domtar Paper Company, LLC
Existence. Subject to Article Eight8, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its the existence, rights (charter and statutory) and franchisesfranchises of the Company; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors it shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 2 contracts
Samples: California Resources Production Corp, California Resources Real Estate Ventures, LLC
Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, all material rights (charter by agreement of limited partnership and statutorystatute) and material franchises; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the HoldersCompany.
Appears in 2 contracts
Samples: Boston Properties LTD Partnership, Boston Properties LTD Partnership
Existence. Subject to Article Eight10, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its existence, existence and rights (charter and statutory) and franchises); provided, however, that the Company shall will not be required to preserve any such right or franchise if the Board of Directors shall determine determines that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is will not be disadvantageous in any material respect to the Holders.
Appears in 2 contracts
Samples: Indenture (Nicewonder Contracting, Inc.), Subordinated Indenture (Nicewonder Contracting, Inc.)
Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its existence, rights (charter and statutory) and franchises; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors shall 44 51 determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 2 contracts
Samples: Ugly Duckling Corp, Ugly Duckling Corp
Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, rights (charter and statutory) and franchises; providedPROVIDED, howeverHOWEVER, that the Company shall not be required to preserve any such right or franchise if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 2 contracts
Samples: Indenture (Developers Diversified Realty Corp), Developers Diversified Realty Corp
Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its the existence, rights (charter and statutory) and franchisesfranchises of the Company and each Subsidiary Guarantor; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 2 contracts
Samples: Group 1 Realty Inc, Group 1 Realty Inc
Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, rights (charter and statutory) and franchises; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors Company shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 2 contracts
Samples: Indenture (Seagate Technology Inc), Seagate Technology Inc
Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its existence, rights (charter and statutory) and franchises; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of or Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 2 contracts
Samples: Allegheny Ludlum Corp Et Al, Allegheny Ludlum Corp Et Al
Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its existence, rights (charter and statutory) and franchises; provided, however, that the Company shall not be required to preserve any such right or franchise if the its Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 2 contracts
Samples: Indenture (Capitalsource Inc), Indenture (Capitalsource Inc)
Existence. Subject to Article Eight7, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its existence, rights (charter and statutory) and franchises; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the Holdersability of the Company to make payments hereunder.
Appears in 2 contracts
Samples: GCL Silicon Technology Holdings Inc., GCL Silicon Technology Holdings Inc.
Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its existence, rights (charter and statutory) and franchises; providedPROVIDED, howeverHOWEVER, that the Company shall not be required to preserve any such right or franchise if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 2 contracts
Samples: Centerpoint Properties Corp, Centerpoint Properties Trust
Existence. Subject to Article Eight10, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its existence, rights (charter and statutory) ), and franchises; provided, however, that the Company shall will not be required to preserve any such right or franchise if the Board of Directors shall determine determines that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is will not disadvantageous result in any material respect to the Holdersa Material Adverse Effect.
Appears in 2 contracts
Samples: Indenture (Home Depot Inc), Home Depot Inc
Existence. Subject to Article EightSeven, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its existence, rights (charter and statutory) and franchises; providedPROVIDED, howeverHOWEVER, that the Company shall not be required to preserve any such right or franchise if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 2 contracts
Samples: Staples Inc, Sports Authority Inc /De/
Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its limited partnership existence, all material rights (charter by certificate of limited partnership, bylaws and statutorystatute) and all material franchises; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the HoldersCompany.
Appears in 2 contracts
Samples: Kilroy Realty, L.P., Kilroy Realty, L.P.
Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, rights (charter and statutory) and franchises; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 2 contracts
Samples: New Plan (New Plan Realty Trust), New Plan Realty Trust
Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its the existence, rights (charter and statutory) and franchisesfranchises of the Company and each Subsidiary Guarantor; providedPROVIDED, howeverHOWEVER, that the Company shall not be required to preserve any such right or franchise if the Board of Directors in good faith shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 2 contracts
Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its trust existence, all material rights (charter by trust agreement, by-laws and statutorystatute) and material franchises; , provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors Trustees shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the HoldersCompany.
Appears in 2 contracts
Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its existence, rights (charter and statutory) and franchises; provided, however, that the Company shall not be required to preserve any such right or franchise if the its Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not materially disadvantageous in any material respect to the HoldersHolders of Outstanding Securities.
Appears in 2 contracts
Samples: Fiat Chrysler Finance Us Inc., Fiat Chrysler Automobiles N.V.
Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, rights (charter and statutory) and franchises; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors Company shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the Holders.longer
Appears in 2 contracts
Existence. Subject to Article Eight, the Company will shall do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, rights (charter and statutory) and material franchises; provided, however, provided that the Company shall not be required to preserve any such right or franchise if the Board of Directors in good faith shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is does not disadvantageous in any material respect to materially adversely affect the Holders.
Appears in 2 contracts
Samples: Indenture (Calenergy Co Inc), Calenergy Co Inc
Existence. Subject to Article Eight7, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its existence, rights (charter and statutory) and franchises; providedPROVIDED, howeverHOWEVER, that the Company shall not be required to preserve any such right or franchise if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company Company, and that the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 2 contracts
Samples: Indenture (Drdgold LTD), Indenture (Durban Roodepoort Deep LTD)
Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its existence, rights (charter partnership and statutory) and franchises; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 2 contracts
Samples: Indenture (Susa Partnership Lp), Indenture (Storage Usa Inc)
Existence. Subject to Article Eight9, the Company will shall do or cause to be done all things necessary to preserve and keep in full force and effect its existence, rights (charter and statutory) and franchises; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors of the Company shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 2 contracts
Samples: Indenture (Guardian II Acquisition CORP), Indenture (Oscient Pharmaceuticals Corp)