Common use of Maintenance of Company Separateness Clause in Contracts

Maintenance of Company Separateness. The Parent will, and will cause each of its Subsidiaries to, satisfy customary Organization formalities, including, as applicable, the holding of regular board of directors’ and shareholders’ meetings or action by directors or shareholders without a meeting and the maintenance of Organizational offices and records. Neither the Parent nor any of its Subsidiaries shall take any action, or conduct its affairs in a manner, which could reasonably be expected to result in the Organizational existence of the Parent or any of its Subsidiaries being ignored, or in the assets and liabilities of the Parent or any of its Subsidiaries being substantively consolidated with those of any other such Person in a bankruptcy, reorganization or other insolvency proceeding (it being understood and agreed that the entering into of the Finance Documents and the Credit Agreement Documents by the Parent and its Subsidiaries, and the performance of their respective obligations thereunder, shall not in and of itself be taken into account for purposes of determining compliance with the foregoing covenant).

Appears in 2 contracts

Samples: Note Purchase Agreement (Stonemor Partners Lp), Note Purchase Agreement (Stonemor Partners Lp)

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Maintenance of Company Separateness. The Parent Borrower will, and will cause each of its Subsidiaries to, satisfy customary Organization Company formalities, including, as applicable, the holding of regular board of directors’ and shareholders’ meetings or action by directors or shareholders without a meeting and the maintenance of Organizational Company offices and records. Neither the Parent Borrower nor any of its Subsidiaries shall take any action, or conduct its affairs in a manner, which could reasonably be expected is likely to result in the Organizational Company existence of the Parent Borrower or any of its Subsidiaries being ignored, or in the assets and liabilities of the Parent Borrower or any of its Subsidiaries being substantively consolidated with those of any other such Person in a bankruptcy, reorganization or other insolvency proceeding (it being understood and agreed that the entering into of the Finance Documents and the Credit Agreement Documents by the Parent Borrower and its Subsidiaries, Subsidiaries and the performance by the Borrower and its Subsidiaries of their respective obligations thereunder, shall not in and of itself be taken into account for purposes of determining compliance with the foregoing covenant).

Appears in 2 contracts

Samples: Credit Agreement (EnerSys), Credit Agreement (EnerSys)

Maintenance of Company Separateness. The Parent Partnership will, and will cause each of its Subsidiaries to, satisfy customary Organization Company formalities, including, as applicable, the holding of regular board of directors’ and shareholders’ meetings or action by directors or shareholders without a meeting and the maintenance of Organizational Company offices and records. Neither the Parent Partnership nor any of its Subsidiaries shall take any action, or conduct its affairs in a manner, which could reasonably be expected to result in the Organizational Company existence of the Parent Partnership or any of its Subsidiaries being ignored, or in the assets and liabilities of the Parent Partnership or any of its Subsidiaries being substantively consolidated with those of any other such Person in a bankruptcy, reorganization or other insolvency proceeding (it being understood and agreed that the entering into of the Finance Credit Documents and the Credit Agreement Note Purchase Documents by the Parent Partnership and its Subsidiaries, and the performance of their respective obligations thereunder, shall not in and of itself be taken into account for purposes of determining compliance with the foregoing covenant).

Appears in 1 contract

Samples: Credit Agreement (Stonemor Partners Lp)

Maintenance of Company Separateness. The Parent Holdings will, and will cause each of its Subsidiaries to, satisfy customary Organization Company formalities, including, as applicable, the holding of regular board of directors’ and shareholders’ meetings or action by directors or shareholders without a meeting and the maintenance of Organizational Company offices and records. Neither the Parent Holdings nor any of its Subsidiaries shall take any action, or conduct its affairs in a manner, which could reasonably be expected is likely to result in the Organizational Company existence of the Parent Holdings or any of its Subsidiaries being ignored, or in the assets and liabilities of the Parent Holdings or any of its Subsidiaries being substantively consolidated with those of any other such Person in a bankruptcy, reorganization or other insolvency proceeding (it being understood and agreed that the entering into of the Finance Credit Documents and the First-Lien Credit Agreement Documents by the Parent Holdings and its Subsidiaries, and the performance of their respective obligations thereunder, shall not in and of itself be taken into account for purposes of determining compliance with the foregoing covenant).

Appears in 1 contract

Samples: Credit Agreement (EnerSys)

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Maintenance of Company Separateness. The Parent Holdings will, and will cause each of its Subsidiaries to, satisfy customary Organization Company formalities, including, as applicable, the holding of regular board of directors’ and shareholders’ meetings or action by directors or shareholders without a meeting and the maintenance of Organizational Company offices and records. Neither the Parent Holdings nor any of its Subsidiaries shall take any action, or conduct its affairs in a manner, which could reasonably be expected is likely to result in the Organizational Company existence of the Parent Holdings or any of its Subsidiaries being ignored, or in the assets and liabilities of the Parent Holdings or any of its Subsidiaries being substantively consolidated with those of any other such Person in a bankruptcy, reorganization or other insolvency proceeding (it being understood and agreed that the entering into of the Finance Credit Documents and the Second-Lien Credit Agreement Documents by the Parent Holdings and its Subsidiaries, and the performance of their respective obligations thereunder, shall not in and of itself be taken into account for purposes of determining compliance with the foregoing covenant).

Appears in 1 contract

Samples: Credit Agreement (EnerSys)

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