Common use of Legal Existence; Maintenance of Properties Clause in Contracts

Legal Existence; Maintenance of Properties. Except as otherwise permitted hereunder, each of the Borrowers will do or cause to be done all things necessary to preserve and keep in full force and effect its legal existence, rights and franchises and those of its Subsidiaries. Each of the Borrowers (i) will cause all of its properties and those of its Subsidiaries necessary for the conduct of its business or the business of its Subsidiaries to be maintained and kept in good condition, repair and working order and supplied with all necessary equipment, (ii) will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of such Borrower may be necessary so that such property will be able to serve the functions for which they are currently being used, and (iii) will, and will cause each of its Subsidiaries to, continue to engage primarily in the businesses now conducted by them and in similar or related businesses; provided that nothing in this §8.6 shall prevent any of the Borrowers from discontinuing the operation and maintenance of any of its properties or any of those of its Subsidiaries if such discontinuance is, in the judgment of such Borrower, desirable in the conduct of its or their business and will not in the aggregate have a Material Adverse Effect.

Appears in 5 contracts

Samples: Credit Agreement (Barnes Group Inc), Revolving Credit Agreement (Barnes Group Inc), Assignment and Assumption (Barnes Group Inc)

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Legal Existence; Maintenance of Properties. Except as otherwise permitted hereunder, each of the Borrowers The Borrower will do or cause to be done all things necessary to preserve and keep in full force and effect its legal existence, rights and franchises and those of its SubsidiariesSubsidiaries and will not, and will not cause or permit any of its Subsidiaries to, convert to a limited liability company or a limited liability partnership. Each of the Borrowers It (i) will use commercially reasonable efforts to cause all of its properties and those of its Subsidiaries necessary for used or useful in the conduct of its business or the business of its Subsidiaries to be maintained and kept in good condition, repair and working order (reasonable wear and tear excepted) and supplied with all necessary equipment, (ii) will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of such the Borrower may be necessary so that such property will the business carried on in connection therewith may be able to serve the functions for which they are currently being usedproperly and advantageously conducted at all times, and (iii) will, and will cause each of its Subsidiaries to, continue to engage primarily in the businesses now conducted by them and in similar or related businesses; provided that nothing in this §8.6 shall prevent any of the Borrowers Borrower from discontinuing the operation and maintenance of any of its properties or any of those of its Subsidiaries if such discontinuance is, in the judgment of such the Borrower, desirable in the conduct of its or their business and will that do not in the aggregate have a Material Adverse Effect.

Appears in 4 contracts

Samples: Assignment and Assumption (CAI International, Inc.), Assignment and Assumption (CAI International, Inc.), Assignment and Assumption (CAI International, Inc.)

Legal Existence; Maintenance of Properties. Except as otherwise permitted hereunder, each of the Borrowers The Borrower will do or cause to be done all things necessary to preserve and keep in full force and effect its legal existence, rights and franchises and those of its Subsidiaries, except as otherwise contemplated or not prohibited by this Credit Agreement. Each of the Borrowers It (ia) will cause all of its properties and those of its Subsidiaries necessary for material to the conduct of its business or the business of its Subsidiaries to be maintained and kept in good condition, repair and working order order, ordinary wear and tear excepted, and supplied with all necessary equipment, (iib) will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of such the Borrower may be necessary so that such property will the business carried on in connection therewith may be able to serve the functions for which they are currently being usedproperly and advantageously conducted at all times, and (iiic) will, and will cause each of its Subsidiaries to, continue to engage primarily in the businesses now conducted by them and in similar or related businesses; provided provided, that nothing in this §8.6 shall prevent any of the Borrowers Borrower from discontinuing the operation and maintenance of any of its properties or any of those of its Subsidiaries if such discontinuance is, in the judgment of such the Borrower, desirable in the conduct of its or their business and will does not in the aggregate have a Material Adverse Effect.

Appears in 4 contracts

Samples: Revolving Credit Agreement (SeaCube Container Leasing Ltd.), Revolving Credit Agreement (SeaCube Container Leasing Ltd.), Revolving Credit Agreement (SeaCube Container Leasing Ltd.)

Legal Existence; Maintenance of Properties. Except as otherwise permitted hereunder, each of the Borrowers Such Borrower will do or cause to be done all things necessary to preserve and keep in full force and effect its legal existence, rights and franchises and those of its Subsidiaries; provided, that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 9.5. Each of the The Borrowers (i) will cause all of its properties and those of its Subsidiaries necessary for material to, and used or useful in, the conduct of its business or the business of its Subsidiaries to be maintained and kept in good condition, repair and working order and supplied with all necessary equipment, ordinary wear and tear excepted, (ii) will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of such Borrower may be necessary so that such property will the business carried on in connection therewith may be able to serve the functions for which they are currently being usedproperly and advantageously conducted at all times, and (iii) will, and will cause each of its Subsidiaries to, continue to engage primarily in the businesses now conducted by them and in similar or related businesses; provided that nothing in this §8.6 Section 8.5 shall prevent any of the Borrowers such Borrower from discontinuing the operation and maintenance of any of its properties or any of those of its Subsidiaries if such discontinuance is, in the judgment of such Borrower, desirable in the conduct of its or their business and will such discontinuances do not in the aggregate have a Material Adverse Effect.

Appears in 2 contracts

Samples: Credit Agreement (Lionbridge Technologies Inc /De/), Credit Agreement (Lionbridge Technologies Inc /De/)

Legal Existence; Maintenance of Properties. Except as otherwise permitted hereunder, each of the Borrowers The Borrower will do or cause to be done all things reasonably necessary to preserve and keep in full force and effect its legal existence, rights and franchises and those that of its Subsidiaries. Each of the Borrowers It (i) will cause all of its properties and those of its Subsidiaries necessary for used or useful in the conduct of its business or the business of its Subsidiaries to be maintained and kept in good condition, repair and working order and supplied with all necessary equipment, (ii) will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of such the Borrower may be necessary so that such property will the business carried on in connection therewith may be able to serve the functions for which they are currently being usedproperly and advantageously conducted at all times, and (iii) will, and will cause each of its Subsidiaries to, continue to engage primarily in the businesses now conducted by them and in similar or related businesses; provided PROVIDED that nothing in this §8.6 Section 8.5 shall prevent any of the Borrowers Borrower from discontinuing the operation and maintenance of any of its properties or any of those of its Subsidiaries if such discontinuance is, in the judgment of such the Borrower, desirable in the conduct of its or their business and will that do not in the aggregate have a Material Adverse Effect.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Coach Inc), Revolving Credit Agreement (Coach Inc)

Legal Existence; Maintenance of Properties. Except as otherwise permitted hereunder, each of the Borrowers The Borrower will do or ------------------------------------------ cause to be done all things necessary to preserve and keep in full force and effect its legal existence, rights and franchises and those of its Subsidiaries. Each of the Borrowers It (i) will cause all of its properties and those of its Subsidiaries necessary for used or useful in the conduct of its business or the business of its Subsidiaries to be maintained and kept in good condition, repair and working order and supplied with all necessary equipment, (ii) will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of such the Borrower may be necessary so that such property will the business carried on in connection therewith may be able to serve the functions for which they are currently being usedproperly and advantageously conducted at all times, and (iii) will, and will cause each of its Subsidiaries to, continue to engage primarily in the businesses now conducted by them and in similar or related businesses; provided that nothing in this §8.6 (S)5.6 shall prevent any of the Borrowers Borrower from -------- discontinuing the operation and maintenance of any of its properties or any of those of its Subsidiaries if such discontinuance is, in the judgment of such the Borrower, desirable in the conduct of its or their business and will that, together with all other discontinuances, does not in the aggregate have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan Agreement (Finova Group Inc)

Legal Existence; Maintenance of Properties. Except as otherwise permitted hereunder, each of the Borrowers The Borrower will do or cause to be done all things reasonably necessary to preserve and keep in full force and effect its legal existence, rights and franchises and those of its Subsidiaries. Each of the Borrowers The Borrower (i) will cause all of its properties and those of its Subsidiaries necessary for used and useful in the conduct of its business or the business of its Subsidiaries to be maintained and kept in good condition, repair and working order and supplied with all necessary equipment, (ii) will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of such the Borrower may be reasonably necessary so that such property will the business carried on in connection therewith may be able to serve the functions for which they are currently being usedproperly and advantageously conducted at all times, and (iii) will, and will cause each of its Subsidiaries to, continue to engage primarily in the businesses now conducted by them and in similar or related businesses; provided that nothing in this §8.6 Section 7.5 shall prevent any of the Borrowers Borrower from engaging in transactions not prohibited hereunder or from discontinuing the operation and maintenance of any of its properties or any of those of its Subsidiaries if such discontinuance is, in the judgment of such the Borrower, desirable in the conduct of its or their business and will that do not in the aggregate have a Material Adverse Effect.

Appears in 1 contract

Samples: Revolving Credit Agreement (Timberland Co)

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Legal Existence; Maintenance of Properties. Except as otherwise permitted hereunder, each of the Borrowers The Borrower will do or cause to be done all things necessary to preserve and keep in full force and effect its legal existence, existence and its material rights and franchises and those of its Subsidiaries. Each of the Borrowers It (ia) will cause all of its properties and those of its Subsidiaries necessary for used or useful in the conduct of its business or the business of its Subsidiaries to be maintained and kept in good condition, repair and working order (ordinary wear and tear excepted) and supplied with all necessary equipment, in each case in all material respects, (iib) will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of such the Borrower may be necessary so that such property will the business carried on in connection therewith may be able to serve the functions for which they are currently being usedproperly and advantageously conducted at all times, in each case in all material respects, and (iiic) will, and will cause each of its Subsidiaries to, continue to engage primarily in the businesses now conducted by them and in similar or related businesses; provided that nothing in this §8.6 shall prevent any of the Borrowers Borrower from discontinuing the operation and maintenance of any of its properties or any of those of its Subsidiaries if such discontinuance is, in the judgment of such the Borrower, desirable in the conduct of its or their business and will not reasonably likely in the aggregate to have a Material Adverse Effect.

Appears in 1 contract

Samples: Pledge Agreement (Kronos Inc)

Legal Existence; Maintenance of Properties. Except as otherwise permitted hereunder, each of the Borrowers The Borrower will do or cause to be done all things necessary to preserve and keep in full force and effect its legal existence, rights and franchises and those of its Subsidiariesfranchises, except as otherwise contemplated or not prohibited by this Term Loan Agreement. Each of the Borrowers The Borrower (ia) will cause all of its properties and those of its Subsidiaries necessary for material to the conduct of its business or the business of its Subsidiaries to be maintained and kept in good condition, repair and working order order, ordinary wear and tear excepted, and supplied with all necessary equipment, (iib) will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of such the Borrower may be necessary so that such property will the business carried on in connection therewith may be able to serve the functions for which they are currently being usedproperly and advantageously conducted at all times, and (iiic) will, and will cause each of its Subsidiaries to, continue to engage primarily in the businesses now conducted by them and in similar or related businesses; provided provided, that nothing in this §Section 8.6 shall prevent any of the Borrowers Borrower from discontinuing the operation and maintenance of any of its properties or any of those of its Subsidiaries if such discontinuance is, in the judgment of such the Borrower, desirable in the conduct of its or their business and will does not in the aggregate have a Material Adverse Effect.

Appears in 1 contract

Samples: Term Loan Agreement (CAI International, Inc.)

Legal Existence; Maintenance of Properties. Except as otherwise permitted hereunder, each of the Borrowers Borrower will do or cause to be done all things necessary to preserve and keep in full force and effect its legal existence, rights and franchises and those of its Subsidiaries. Each of the Borrowers The Borrower (i) will cause all of its properties and those of its Subsidiaries necessary for the conduct of its business or the business of its Subsidiaries to be maintained and kept in good condition, repair and working order and supplied with all necessary equipment, (ii) will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of such the Borrower may be necessary so that such property will be able to serve the functions for which they are currently being used, and (iii) will, and will cause each of its Subsidiaries to, continue to engage primarily in the businesses now conducted by them and in similar or related businesses; provided that nothing in this §8.6 7.6 shall prevent any of the Borrowers Borrower from discontinuing the operation and maintenance of any of its properties or any of those of its Subsidiaries if such discontinuance is, in the judgment of such the Borrower, desirable in the conduct of its or their business and will not in the aggregate have a Material Adverse Effect.

Appears in 1 contract

Samples: Assignment and Assumption (Barnes Group Inc)

Legal Existence; Maintenance of Properties. Except as otherwise permitted hereunder, each of the Borrowers The Borrower will do or cause to be done all things reasonably necessary to preserve and keep in full force and effect its legal existence, rights and franchises and those of its Subsidiaries. Each of the Borrowers The Borrower (i) will cause all of its properties and those of its Subsidiaries necessary for used and useful in the conduct of its business or the business of its Subsidiaries to be maintained and kept in good condition, repair and working order and supplied with all necessary equipment, (ii) will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of such the Borrower may be reasonably necessary so that such property will the business carried on in connection therewith may be able to serve the functions for which they are currently being usedproperly and advantageously conducted at all times, and (iii) will, and will cause each of its Subsidiaries to, continue to engage primarily in the businesses now conducted by them and in similar or related businesses; provided that nothing in this §8.6 7.5 shall prevent any of the Borrowers Borrower from engaging in transactions not prohibited hereunder or from discontinuing the operation and maintenance of any of its properties or any of those of its Subsidiaries if such discontinuance is, in the judgment of such the Borrower, desirable in the conduct of its or their business and will that do not in the aggregate have a Material Adverse Effect.

Appears in 1 contract

Samples: Revolving Credit Agreement (Timberland Co)

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