Common use of Existence Clause in Contracts

Existence. Subject to Article VIII, 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 its preservation is no longer desirable in the conduct of the business of the Company and that its loss is not disadvantageous in any material respect to the Holders.

Appears in 45 contracts

Samples: Indenture (Valley National Bancorp), Indenture (Huntington Bancshares Inc/Md), Indenture (Independent Bank Corp)

AutoNDA by SimpleDocs

Existence. Subject to Article VIIIVII, 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 its the preservation thereof is no longer desirable in the conduct of the business of the Company and that its the loss thereof is not disadvantageous in any material respect to the Holders.

Appears in 35 contracts

Samples: Hewitt Associates Inc, Indenture (Chiron Corp), Indenture (Conseco Inc)

Existence. Subject to Article VIII, 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 its the preservation thereof is no longer desirable in the conduct of the business of the Company and that its loss is not disadvantageous in any material respect to the HoldersCompany.

Appears in 29 contracts

Samples: Subordinated Indenture (Tesoro Corp /New/), Indenture (Harvest Natural Resources, Inc.), Indenture (Helix Energy Solutions Group Inc)

Existence. Subject to Article VIII, 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 its the preservation thereof is no longer desirable in the conduct of the business of the Company and that its the loss thereof is not disadvantageous in any material respect to the Holders.

Appears in 28 contracts

Samples: Indenture (Interoil Corp), Indenture (Interoil Corp), Indenture (Alberto-Culver CO)

Existence. Subject to Article VIII, 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 its the preservation thereof is no longer desirable in the conduct of the business of the Company and that its the loss thereof is not disadvantageous in any material respect to the Holders.

Appears in 10 contracts

Samples: Indenture (Nanogen Inc), Indenture (Vector Group LTD), Indenture (Vector Group LTD)

Existence. Subject to Article VIII, 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 its the preservation thereof is no longer desirable in the conduct of the business of the Company and that its the loss thereof is not disadvantageous in any material respect to the Holders.

Appears in 9 contracts

Samples: Indenture (International Paper Co /New/), Indenture (Mercury Finance Co), Indenture (St Paul Companies Inc /Mn/)

Existence. Subject to Article VIII, 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, bylaws and statutory), statute) 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 its the preservation thereof is no longer desirable in the conduct of the business of the Company and that its loss is not disadvantageous in any material respect to the HoldersCompany.

Appears in 5 contracts

Samples: Indenture (Terra Capital Group), Indenture (Metropolitan Mortgage & Securities Co Inc), Indenture (Franchise Finance Corp of America)

Existence. Subject to Article VIIIVIII 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 its the preservation thereof is no longer desirable in the conduct of the business of the Company and that its the loss thereof is not disadvantageous in any material respect to the Holders.

Appears in 5 contracts

Samples: Indenture (Biovail Corp International), Indenture (Jaguar Mining Inc), Indenture (Jaguar Mining Inc)

Existence. Subject to Article VIII, 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 shall determine that its the preservation thereof is no longer desirable in the conduct of the business of the Company and that its the loss thereof is not disadvantageous in any material respect to the Holders.

Appears in 5 contracts

Samples: United Parcel Service Inc, Indenture (Human Genome Sciences Inc), Indenture (United Parcel Service Inc)

Existence. Subject to Article VIIIIX, 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 its the preservation thereof is no longer desirable in the conduct of the business of the Company and that its the loss thereof is not disadvantageous in any material respect to the Holders.

Appears in 4 contracts

Samples: Supplemental Indenture (Tosco Corp), Execution Copy (Viatel Inc), McKesson Corp

Existence. Subject to Article VIIIVII, 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 its the preservation thereof is no longer desirable in the conduct of the business of the Company and its Subsidiaries, taken as a whole, and that its the loss thereof is not disadvantageous in any material respect to the Holders.

Appears in 4 contracts

Samples: Indenture (Alesco Financial Inc), Privatebancorp, Inc, Collegiate Pacific Inc

Existence. Subject to Article VIII, 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 statutory), statute) 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 its the preservation thereof is no longer desirable in the conduct of the business of the Company and that its loss is not disadvantageous in any material respect to the HoldersCompany.

Appears in 4 contracts

Samples: Commercial Net Lease Realty Inc, National Retail Properties, Inc., Commercial Net Lease Realty Inc

Existence. Subject to Article VIII, the Company will do or cause to be done all things necessary within its power to preserve and keep in full force and effect its existence, rights (charter and statutory), ) and franchisesfranchises of the Company and its Subsidiaries; provided, however, provided that the Company shall not be required to preserve any such existence (except of the Company) right or franchise if the Board of Directors of the Company in good faith shall determine that its the preservation thereof is no longer desirable in the conduct of the business of the Company and that its the loss thereof is not disadvantageous in any material respect to the Holdersholders.

Appears in 3 contracts

Samples: Indenture (Stena Ab), Indenture (Stena Ab), Indenture (Stena Ab)

Existence. Subject to Article VIIIXII, 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 its the preservation thereof is no longer desirable in the conduct of the business of the Company and that its the loss thereof is not disadvantageous in any material respect to the Holders.

Appears in 3 contracts

Samples: Indenture (Insignia Financing I), Exchange Agreement (Insignia Financial Group Inc /De/), Qualicomm Financial Trust I

Existence. Subject to Article VIIIXIII, 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 its the preservation thereof is no longer desirable in the conduct of the business of the Company and that its the loss thereof is not disadvantageous in any material respect to the Holders.

Appears in 2 contracts

Samples: Boss Investment LLC, Building One Services Corp

Existence. Subject to Article VIII, 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 its the preservation thereof is no longer desirable in the conduct of the business of the Company and that its the loss thereof is not and is not reasonably likely to be disadvantageous in any material respect to the Holders.

Appears in 2 contracts

Samples: Indenture (Comerica Inc /New/), Star Banc Corp /Oh/

Existence. Subject to Article VIII, 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 its preservation is no longer desirable in the conduct of the business of the Company and that its loss is not disadvantageous in any material respect to the Holders.. ARTICLE XI REDEMPTION OF SECURITIES

Appears in 2 contracts

Samples: Indenture (International Seaways, Inc.), Indenture (International Seaways, Inc.)

Existence. Subject to Article VIII, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its existence, 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 Company shall determine that its preservation is no longer desirable in the conduct of the business of the Company and that its loss is not disadvantageous in any material respect to the HoldersCompany.

Appears in 2 contracts

Samples: Indenture (LegacyTexas Financial Group, Inc.), Indenture (LegacyTexas Financial Group, Inc.)

Existence. Subject to Article VIII, 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 its the preservation thereof is no longer desirable in the conduct of the business of the Company and that its the loss thereof is not disadvantageous in any material respect to the Holders.

Appears in 2 contracts

Samples: Sun Healthcare Group Inc, Sun Healthcare Group Inc

Existence. Subject to Article VIII, 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; providedPROVIDED, howeverHOWEVER, that the Company shall not be required to preserve any such right or franchise if the Board of Directors shall determine that its the preservation thereof is no longer desirable in the conduct of the business of the Company and that its the loss thereof is not disadvantageous in any material respect to the Holders.

Appears in 2 contracts

Samples: Indenture (Affymetrix Inc), Indenture (Affymetrix Inc)

Existence. Subject to Article VIII, 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 its the preservation thereof is no longer desirable in the conduct of the business of the Company and that its the loss thereof is not disadvantageous in any material respect to the Holders.

Appears in 2 contracts

Samples: Indenture (California Resources Real Estate Ventures, LLC), California Resources Production Corp

Existence. Subject to Article VIII, 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 determines that its the preservation thereof is no longer desirable in the conduct of the business of the Company and that its the loss thereof is not disadvantageous in any material respect to the Holders.

Appears in 2 contracts

Samples: Advanced Energy Industries Inc, Advanced Energy Industries Inc

Existence. Subject to Article VIII, 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 its the preservation thereof is no longer desirable in the conduct of the business of the Company and that its loss is the preservation of such rights or franchise would not disadvantageous in any reasonably be expected to have a material respect to adverse effect on the Holderspayment and performance of the Company under the terms of the Securities or this Indenture.

Appears in 2 contracts

Samples: Indenture (Te Products Pipeline Co Lp), Indenture (Te Products Pipeline Co Lp)

Existence. Subject to Article VIIIVII, 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 shall determine that its the preservation thereof is no longer desirable in the conduct of the business of the Company and that its loss is not disadvantageous in any material respect to the HoldersCompany.

Appears in 2 contracts

Samples: Registration Rights Agreement (Integrated Electrical Services Inc), Integrated Electrical Services Inc

Existence. Subject to Article VIII, 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 its the preservation thereof is no longer desirable in the conduct of the business of the Company and that its loss is not disadvantageous in any material respect to the Holders.39

Appears in 2 contracts

Samples: Toro Co, Toro Co

Existence. Subject to Article VIIIXII, 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 its the preservation thereof is no longer desirable in the conduct of the business of the Company and that its the loss thereof is not disadvantageous in any material respect to the Holdersholders.

Appears in 1 contract

Samples: Sequus Pharmaceuticals Inc

Existence. Subject to Article VIIIVIII and the other Sections of this Article X, 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, provided 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 its the preservation thereof is no longer desirable in the conduct of the business of the Company and that its the loss thereof is not disadvantageous in any material respect to the Holders.

Appears in 1 contract

Samples: Symons International Group Inc

Existence. Subject to Article VIII, 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 its the preservation thereof is no longer desirable in the conduct of the business of the Company and that its the loss thereof is not disadvantageous in any material respect to the Holders.

Appears in 1 contract

Samples: M&t Bank Corp

Existence. Subject to Article VIII, 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 its preservation is no longer desirable in the conduct of the business of the Company and that its loss is not disadvantageous in any material respect to the Holders.. 50

Appears in 1 contract

Samples: Indenture (International Seaways, Inc.)

Existence. Subject to Article VIIIVII, 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 its the preservation thereof is no longer desirable in the conduct of the business of the Company and that its the loss thereof is not disadvantageous in any material respect to the Holders.

Appears in 1 contract

Samples: Monmouth Real Estate Investment Corp

Existence. Subject to Article VIIIXII, 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 its reasonable judgment) shall determine that its the preservation thereof is no longer desirable in the conduct of the business of the Company and that its the loss thereof is not disadvantageous in any material respect to the Holders.

Appears in 1 contract

Samples: Indenture (Wabash National Corp /De)

Existence. Subject to Article VIII, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its existence, the corporate existence and material rights (charter and statutory), ) of the Company and franchisesits Principal Subsidiary Banks; provided, however, that the Company shall not be required to, or to cause any such Principal Subsidiary Bank to, preserve any such right or franchise if the Board of Directors shall determine that its the preservation thereof is no longer desirable in the conduct of the business of the Company and that its the loss thereof is not disadvantageous in any material respect respects to the Holders.

Appears in 1 contract

Samples: Franklin Financial Network Inc.

Existence. Subject to Article VIII, 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 its the preservation thereof is no longer desirable in the conduct of the business of the Company and that its the loss thereof is not disadvantageous in any material respect to the Holders.

Appears in 1 contract

Samples: Case Credit Corp

Existence. Subject to Article VIII, 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 and the existence, rights (charter and franchisesstatutory) and franchises of each Significant 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 its the preservation thereof is no longer desirable in the conduct of the business of the Company and that its the loss thereof is not disadvantageous in any material respect to the Holders.

Appears in 1 contract

Samples: Indenture (Avatar Holdings Inc)

Existence. Subject to Article VIIIIX, 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 will not be required to preserve any such right or franchise if the Board of Directors shall determine determines that its the preservation thereof is no longer desirable in the conduct of the business of the Company and that its the loss thereof is not disadvantageous in any material respect to the Holders.

Appears in 1 contract

Samples: Indenture (Ecolab Inc)

AutoNDA by SimpleDocs

Existence. Subject to Article VIIIIX, 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 Trustees shall determine that its the preservation thereof is no longer desirable in the conduct of the business of the Company and that its the loss thereof is not disadvantageous in any material respect to the Holders.

Appears in 1 contract

Samples: Indenture (Capital Trust)

Existence. Subject to Article VIII, 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 Trustees shall determine that its the preservation thereof is no longer desirable in the conduct of the business of the Company and that its the loss thereof is not disadvantageous in any material respect to the Holders.

Appears in 1 contract

Samples: Indenture (Kranzco Realty Trust)

Existence. Subject to Article VIII, 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 shall determine that its the preservation thereof is no longer desirable in the conduct of the business of the Company and that its the loss thereof is not disadvantageous in any material respect to the Holders.

Appears in 1 contract

Samples: Indenture (United Parcel Service of America Inc)

Existence. Subject to Article VIIIVII, 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 its the preservation thereof is no longer desirable in the conduct of the business of the Company and that its the loss thereof is not disadvantageous in any material respect to the Holders.

Appears in 1 contract

Samples: Indenture (Exodus Communications Inc)

Existence. Subject to Article VIII, 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 its preservation is no longer desirable in the conduct of the business of the Company and that its loss is not disadvantageous in any material respect to the Holders.. Section 10.6

Appears in 1 contract

Samples: NewtekOne, Inc.

Existence. Subject to Article VIII, 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 its the preservation thereof is no longer desirable in the conduct of the business of the Company and that its the loss thereof is not disadvantageous in any material respect to the Holders.

Appears in 1 contract

Samples: Indenture (United Parcel Service of America Inc)

Existence. Subject to Article VIIIVII, 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 its the preservation thereof is no longer desirable in the conduct of the business of the Company and that its the loss thereof is not disadvantageous in any material respect to the Holders.

Appears in 1 contract

Samples: Medarex Inc

Existence. Subject to Article VIII, 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 its the preservation thereof is no longer desirable in the conduct of the business of the Company and that its the loss thereof is not disadvantageous in any material respect to the Holders.

Appears in 1 contract

Samples: Nalco Energy Services Equatorial Guinea LLC

Existence. Subject to Article VIIIXII, 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 its the preservation thereof is no longer desirable in the conduct of the business of the Company and that its the loss thereof is not disadvantageous in any material respect to the Holders.

Appears in 1 contract

Samples: HNC Software Inc/De

Existence. Subject to Article VIII, 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 material 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 its the preservation thereof is no longer desirable in the conduct of the business of the Company and that its the loss thereof is not disadvantageous in any material respect to the Holders.

Appears in 1 contract

Samples: Fox Kids Worldwide Inc

Existence. Subject to Article VIII, 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 material 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 its the preservation thereof is no longer desirable in the conduct of the business of the Company and that its the loss thereof is not disadvantageous in any material respect to the Holders.

Appears in 1 contract

Samples: Fox Kids Worldwide Inc

Existence. Subject to Article VIII, 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 those of each of its Subsidiaries; 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 its the preservation thereof is no longer desirable in the conduct of the business of the Company or the business of any Subsidiary and that its the loss thereof is not disadvantageous in any material respect to the Holders.

Appears in 1 contract

Samples: Nationwide Financial Services Inc/

Existence. Subject to Article VIII, 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 those of each of its Significant Subsidiaries; 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 its the preservation thereof is no longer desirable in the conduct of the business of the Company or the business of any Subsidiary and that its the loss thereof is not disadvantageous in any material respect to the Holders.

Appears in 1 contract

Samples: Indenture (Infinity Property & Casualty Corp)

Existence. Subject to Article VIII, 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 of the Company shall determine that its the preservation thereof is no longer desirable in the conduct of the business of the Company and that its the loss thereof is not disadvantageous in any material respect to the Holders.

Appears in 1 contract

Samples: Commscope Inc

Existence. Subject to Article VIIIIX, the Company will company 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 its the preservation thereof is no longer desirable in the conduct of the business of the Company and that its loss is not disadvantageous in any material respect to the HoldersCompany.

Appears in 1 contract

Samples: Indenture (Interstate Bakeries Corp/De/)

Existence. Subject to Article VIII, 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 of the Company shall determine that its the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof would not be reasonably expected to have a material adverse effect on the Company's ability to perform its loss is not disadvantageous in any material respect to obligations hereunder or under the HoldersNotes.

Appears in 1 contract

Samples: Afc Enterprises Inc

Existence. Subject to Article VIIIXII, 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 it shall determine that its the preservation thereof is no longer desirable in the conduct of the business of the Company and that its the loss thereof is not disadvantageous in any material respect to the Holdersholders.

Appears in 1 contract

Samples: Park Electrochemical Corp

Existence. Subject to Article VIII, 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 its the preservation thereof is no longer desirable in the conduct of the business of the Company; provided, further, however, statutory conversion by the Company and that shall not be deemed to have affected its loss is not disadvantageous in any material respect to the Holdersexistence.

Appears in 1 contract

Samples: Indenture (Rex Energy I, LLC)

Existence. Subject to Article VIII, 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 its the preservation thereof is no longer desirable in the conduct of the business of the Company and that its loss is not disadvantageous in any material respect to the HoldersCompany.

Appears in 1 contract

Samples: American Classic Voyages Co

Existence. Subject to Article VIIIVII, 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 its preservation is no longer desirable in the conduct of the business of the Company and that its loss is not disadvantageous in any material respect to the Holders.if

Appears in 1 contract

Samples: Critical Path Inc

Existence. Subject to Article VIII, 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 its the preservation thereof is no longer desirable in the conduct of the business of the Company and that its the loss thereof is not disadvantageous in any material respect to the Holders.

Appears in 1 contract

Samples: Xerox Corp

Existence. Subject to Article VIIIVIII and Section 10.9, the Company will shall do or cause to be done all things necessary to preserve and keep in full force and effect its and its Subsidiaries' 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 its the preservation thereof is no longer desirable in the conduct of the business of the Company and that its the loss thereof is not disadvantageous in any material respect to the Holders.

Appears in 1 contract

Samples: MRM Capital Trust Iii

Existence. Subject to Article VIII, 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 its the preservation thereof is no longer desirable in the conduct of the business of the Company and that its the loss thereof is not and is not reasonably likely to be disadvantageous in any material respect to the Holders.

Appears in 1 contract

Samples: Susquehanna Bancshares Inc

Time is Money Join Law Insider Premium to draft better contracts faster.