Common use of Maintenance of Corporate Existence Clause in Contracts

Maintenance of Corporate Existence. The Company, at its own cost and expense, will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, rights and franchises, except as otherwise specifically permitted in Section 5.02; provided, however, that the Company shall not be required to preserve any right or franchise if the Company shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company.

Appears in 78 contracts

Samples: Pass Through Trust Agreement (Hawaiian Holdings Inc), Through Trust Agreement (Spirit Airlines, Inc.), Through Trust Agreement (Amr Corp)

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Maintenance of Corporate Existence. The Company, at its own cost and expense, will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, rights and franchises, except as otherwise specifically permitted in by Section 5.02; provided, however, that the Company shall not be required to preserve any right or franchise if the Company shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company.

Appears in 27 contracts

Samples: Through Trust Agreement (Jetblue Airways Corp), Assignment and Assumption Agreement (Jetblue Airways Corp), Assignment and Assumption Agreement (Jetblue Airways Corp)

Maintenance of Corporate Existence. The Company, at its own cost and expense, will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, rights and franchises, except as otherwise specifically permitted in Section 5.02; providedPROVIDED, howeverHOWEVER, that the Company shall not be required to preserve any right or franchise if the Company shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company.

Appears in 15 contracts

Samples: Trust Agreement (Union Tank Car Co), Pass Through Trust Agreement (Amtran Inc), Trust Agreement (Continental Airlines Inc /De/)

Maintenance of Corporate Existence. The CompanyCompany shall at all times maintain its corporate existence, at its own cost except as otherwise specifically permitted in Section 9.03, and expense, 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 franchises, except as otherwise specifically permitted in Section 5.02; provided, however, that the Company shall not be required to preserve any right or franchise if the Company shall determine determines that the preservation thereof is no longer desirable in the conduct of the business of the Company.

Appears in 9 contracts

Samples: Indenture and Security Agreement (Trinity Industries Inc), Indenture and Security Agreement (Trinity Industries Inc), Indenture and Security Agreement (Trinity Industries Inc)

Maintenance of Corporate Existence. The Company, at its own cost and expense, will shall do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, rights and franchises, except as otherwise specifically permitted in Section 5.02; provided, however, that the Company shall not be required to preserve any right or franchise if the Company shall determine that the preservation thereof is no longer necessary or desirable in the conduct of the business of the Company.

Appears in 4 contracts

Samples: Trust Agreement (United Air Lines Inc), Trust Agreement (United Air Lines Inc), Through Trust Agreement (United Air Lines Inc)

Maintenance of Corporate Existence. The Company, at its own cost and expense, will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, rights and franchises, except as otherwise specifically permitted in Section 5.02; this Indenture, provided, however, that the Company shall not be required to preserve any 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 CompanyCompany and that the loss thereof will not have any material adverse effect on the Holders of the Securities.

Appears in 4 contracts

Samples: Participation Agreement (Entergy Louisiana Inc), Participation Agreement (Entergy Louisiana Inc), Participation Agreement (Entergy Louisiana Inc)

Maintenance of Corporate Existence. The Company, at its own cost costs and expense, will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, rights and franchises, except as otherwise specifically permitted in Section 5.02; provided, however, that the Company shall not be required to preserve any right or franchise if the Company shall determine that the preservation thereof is no longer desirable in the conduct of the business of the CompanyCompany and that the loss thereof is not prejudicial in any material respect to the Certificateholders.

Appears in 3 contracts

Samples: Trust Agreement (Gatx Corp), Through Trust Agreement (Gatx Corp), Trust Agreement (Gatx Financial Corp)

Maintenance of Corporate Existence. The Company, at its own cost and expense, will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, rights and franchises, except as otherwise specifically permitted in Section 5.027.02; provided, however, that the Company shall not be required to preserve any right or franchise if the Company shall determine determines that the preservation thereof is no longer desirable in the conduct of the business of the Company.

Appears in 3 contracts

Samples: Trust Agreement (Trinity Industries Inc), Through Trust Agreement (Trinity Industries Inc), Through Trust Agreement (Trinity Industries Inc)

Maintenance of Corporate Existence. The Company, at its own cost and expense, will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, rights and franchises, except as otherwise specifically permitted in Section 5.02; provided, however, that the Company shall not be required to preserve any right or franchise if the Company shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company.. 42 36

Appears in 3 contracts

Samples: Trust Agreement (Atlas Air Inc), Trust Agreement (Atlas Air Inc), Trust Agreement (Atlas Air Inc)

Maintenance of Corporate Existence. The CompanySubject to the rights of the Company under Section 8.5, at its own cost and expense, will the Company shall do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, rights and franchises, except legal existence as otherwise specifically permitted in Section 5.02; provided, however, that the Company shall not be required to preserve any right or franchise if the Company shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Companya limited liability company.

Appears in 2 contracts

Samples: Note Purchase Agreement (Oncor Electric Delivery Co LLC), Note Purchase Agreement (Oncor Electric Delivery Co LLC)

Maintenance of Corporate Existence. The CompanyEach of the Companies, at its own cost and expense, will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, rights and franchises, except as otherwise specifically permitted in Section 5.025.2; provided, however, that neither of the Company Companies shall not be required to preserve any right or franchise if the Company it shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Companyits business.

Appears in 2 contracts

Samples: Through Trust Agreement (Union Tank Car Co), Union Tank Car Co

Maintenance of Corporate Existence. The Company, at its own cost and expense, will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, rights and franchises, except as otherwise specifically permitted in Section 5.02; provided, however, that the Company shall not be required to preserve any right or franchise if the Company shall determine determines that the preservation thereof is no longer desirable in the conduct of the business of the Company.

Appears in 2 contracts

Samples: Through Trust Agreement (Federal Express Corp), Trust Agreement (Delta Air Lines Inc /De/)

Maintenance of Corporate Existence. The Company, at its own cost and expense, will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, rights and franchises, except as otherwise specifically permitted in Section 5.025.2; provided, however, that the Company shall not be required to preserve any right or franchise if the Company it shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Companyits business.

Appears in 2 contracts

Samples: Union Tank Car Co, Union Tank Car Co

Maintenance of Corporate Existence. The Company, at its ---------------------------------- own cost and expense, will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, rights and franchises, except as otherwise specifically permitted in Section 5.02; provided, however, that the Company shall not be required to preserve any right -------- ------- or franchise if the Company shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company.

Appears in 2 contracts

Samples: Through Trust Agreement (Midway Airlines Corp), Trust Agreement (Midway Airlines Corp)

Maintenance of Corporate Existence. The Company, at its own cost and expense, Company will do or cause to be done all things necessary to preserve and keep in full force and effect its the corporate existence, rights (charter and franchises, except as otherwise specifically permitted in Section 5.02statutory) and franchises of the Company and its Subsidiaries; provided, however, provided that the Company shall not be required to preserve any right or franchise if the Company its board of directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the CompanyCompany and its Subsidiaries and that the loss thereof is not disadvantageous in any material respect to the Trust.

Appears in 2 contracts

Samples: Supplemental Agreement (Manville Corp), Supplemental Agreement (Manville Personal Injury Settlement Trust)

Maintenance of Corporate Existence. The Company, at its own ---------------------------------- cost and expense, will shall do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, rights and franchises, except as otherwise specifically permitted in Section 5.02; ------------ provided, however, that the Company shall not be required to preserve any right -------- ------- or franchise if the Company shall determine that the preservation thereof is no longer necessary or desirable in the conduct of the business of the Company.

Appears in 1 contract

Samples: Through Trust Agreement (United Air Lines Inc)

Maintenance of Corporate Existence. The Company, at its own ---------------------------------- cost and expense, will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, rights and franchises, except as otherwise specifically permitted in Section 5.02; provided, however, that the Company shall not be required to preserve any right or franchise if the Company shall determine that the preservation thereof is no longer desirable in the conduct of the business of the CompanyCompany and that the loss thereof is not prejudicial in any material respect to the Certificateholders.

Appears in 1 contract

Samples: Trust Agreement (General American Railcar Corp Ii)

Maintenance of Corporate Existence. The Company, at its own cost and expense, will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, rights and franchises, except as 35 29 otherwise specifically permitted in Section 5.02; provided, however, that the Company shall not be required to preserve any right or franchise if the Company shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company.

Appears in 1 contract

Samples: Trust Agreement (America West Airlines Inc)

Maintenance of Corporate Existence. The Company, at ---------------------------------- its own cost and expense, will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, rights and franchises, except as otherwise specifically permitted in Section 5.026.02; provided, however, that the Company shall not be required to preserve any right -------- ------- or franchise if the Company it shall determine that the preservation thereof is no longer desirable in the conduct of its business and that the business of loss thereof is not prejudicial in any material respect to the CompanyCertificateholders.

Appears in 1 contract

Samples: Trust Agreement (Transtel S A)

Maintenance of Corporate Existence. The Company, at its own cost and expense, will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, rights and franchises, except as otherwise specifically permitted in Section 5.025.05; provided, however, that the Company shall not be required to preserve any right or franchise if the Company it shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Companyits business.

Appears in 1 contract

Samples: Indenture and Security Agreement (Union Tank Car Co)

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Maintenance of Corporate Existence. The Company, at its own ---------------------------------- cost and expense, will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, rights and franchises, except as otherwise specifically permitted in Section 5.02; provided, however, that the Company shall not be required to preserve any right -------- ------- or franchise if the Company shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company.

Appears in 1 contract

Samples: Trust Agreement (Midway Airlines Corp)

Maintenance of Corporate Existence. The Each of the Company, at its own cost and expense, will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, rights and franchises, except as otherwise specifically permitted in Section 5.025.2; provided, however, that neither of the Company shall not be required to preserve any right or franchise if the Company it shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Companyits business.

Appears in 1 contract

Samples: Through Trust Agreement (Union Tank Car Co)

Maintenance of Corporate Existence. The Company, at its own cost and expense, will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, rights and franchises, except as otherwise specifically permitted in Section 5.02; provided, however, that the Company shall not be required to preserve any right or franchise if the Company shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company.any

Appears in 1 contract

Samples: Through Trust Agreement (Continental Airlines Inc /De/)

Maintenance of Corporate Existence. The Company, at its own cost and expense, will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, rights and franchises, except as otherwise specifically permitted in Section 5.02this Indenture; provided, however, that the Company shall not be required to preserve any 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 CompanyCompany and that the loss thereof will not have a material adverse effect on the Bondholders.

Appears in 1 contract

Samples: Ownership Agreement (Oglethorpe Power Corp)

Maintenance of Corporate Existence. The Company, at its ---------------------------------- own cost and expense, will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, rights and franchises, except as otherwise specifically permitted in Section 5.02; provided, however, that the Company shall not be required to preserve any right or franchise if the Company shall determine that the preservation thereof is no longer desirable in the conduct of the business of the CompanyCompany and that the loss thereof is not prejudicial in any material respect to the Certificateholders.

Appears in 1 contract

Samples: Trust Agreement (General American Railcar Corp Ii)

Maintenance of Corporate Existence. The Company, at its own cost and expense, will shall do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, rights and franchises, except as otherwise specifically permitted in Section 5.02; ------------ provided, however, that the Company shall not be required to preserve any right -------- ------- or franchise if the Company shall determine that the preservation thereof is no longer necessary or desirable in the conduct of the business of the Company.

Appears in 1 contract

Samples: Through Trust Agreement (United Air Lines Inc)

Maintenance of Corporate Existence. The Company, at its own cost and expense, will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, rights and franchises, except as 36 30 otherwise specifically permitted in Section 5.02; provided, however, that the Company shall not be required to preserve any right or franchise if the Company shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company.

Appears in 1 contract

Samples: Trust Agreement (America West Airlines Inc)

Maintenance of Corporate Existence. The Company, at its own cost and expense, will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, rights and franchises, except as otherwise specifically permitted in Section 5.02; provided, however, that the Company shall not be required to preserve any right or franchise if the Company shall determine that the 49 -43- preservation thereof is no longer desirable in the conduct of the business of the Company.

Appears in 1 contract

Samples: Trust Agreement (Continental Airlines Inc /De/)

Maintenance of Corporate Existence. The CompanySubject to Article 5 hereof, at its own cost and expense, will the Company shall do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, existence and shall use its reasonable efforts to do or cause to be done all things necessary to preserve and keep in full force and effect its rights (charter and statutory) and franchises, except as otherwise specifically permitted in Section 5.02; provided, however, that the Company shall not be required to preserve any such right or franchise if the Company shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Companyfailure to do so does not, and would not reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Adecoagro S.A.

Maintenance of Corporate Existence. The Company, Company will at its own cost and expense, will all times do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existenceexistence and, rights and franchisessubject to Section 7, except as otherwise specifically permitted in Section 5.02the corporate, partnership or other existence of each Guarantor, if any; provided, however, provided that nothing herein shall require the Company shall not be required to preserve continue the existence of any right or franchise Guarantor if in the judgment of the Company it shall determine that the preservation thereof is no longer desirable be necessary, advisable or in the conduct interest of the business of Company to discontinue the Companysame.

Appears in 1 contract

Samples: Senior Credit and Guaranty Agreement (Pogo Producing Co)

Maintenance of Corporate Existence. The Company, at its own cost and expense, will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, rights and franchises, except as otherwise specifically permitted in Section 5.02; 5.02; provided, however, that the Company shall not be required to preserve any right or franchise if the Company shall determine determines that the preservation thereof is no longer desirable in the conduct of the business of the Company.

Appears in 1 contract

Samples: Through Trust Agreement (Fedex Corp)

Maintenance of Corporate Existence. The CompanySubject to Article 6, at its own cost and expense, will the Company shall do or cause to be done all things necessary to preserve and keep in full force and effect its the corporate existence, existence and related rights and franchises, except as otherwise specifically permitted in Section 5.02franchises (charter and statutory) of the Company and its Subsidiaries; provided, however, that the Company shall not be required to preserve any such right or franchise or the corporate existence of any such Subsidiary if the Board of Directors of the Company shall determine that the preservation thereof is no longer necessary or desirable in the conduct of the business of the CompanyCompany and its Subsidiaries as a whole.

Appears in 1 contract

Samples: Indenture (St Mary Land & Exploration Co)

Maintenance of Corporate Existence. The Company, at its own cost and expense, will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, rights and franchises, except as otherwise specifically permitted in Section 5.02; provided, however, that the Company shall not be required to preserve any right or franchise if the Company shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company.. BACK

Appears in 1 contract

Samples: Pass Through Trust Agreement (Continental Airlines Inc /De/)

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