Common use of Maintenance of Existence Clause in Contracts

Maintenance of Existence. Each Borrower will preserve, renew and keep in full force and effect and in good standing, and will cause each Subsidiary to preserve, renew and keep in full force and effect and in good standing, (a) their respective existence and (b) their respective rights, privileges and franchises necessary or desirable in the normal conduct of business, unless, solely in the case of this clause (b), a failure to do so could not reasonably be expected to have a Material Adverse Effect.

Appears in 12 contracts

Sources: Credit and Security Agreement (Alpha Teknova, Inc.), Credit and Security Agreement (Alpha Teknova, Inc.), Credit and Security Agreement (Treace Medical Concepts, Inc.)

Maintenance of Existence. Each Borrower will preserve, renew and keep in full force and effect and in good standing, and will cause each Subsidiary to preserve, renew and keep in full force and effect and in good standing, (a) their respective existence and (b) their respective rights, privileges and franchises necessary or desirable in the normal conduct of business, unless, solely in the case of this clause (b), a failure to do so could not reasonably be expected to have a Material Adverse Effect.

Appears in 11 contracts

Sources: Credit and Security Agreement (Steel Connect, Inc.), Credit and Security Agreement (Celadon Group Inc), Credit and Security Agreement (Appliance Recycling Centers of America Inc /Mn)

Maintenance of Existence. Each The Borrower will preserve, renew shall and keep in full force and effect and in good standing, and will shall cause each Subsidiary of its Consolidated Subsidiaries to preserve, renew and keep in full force and effect and in good standingeffect, (a) their respective its corporate existence and (b) their respective its rights, privileges and franchises necessary or desirable in for the normal conduct of business, unless, solely in its business unless the case failure to maintain such existence (other than the existence of this clause (bthe Borrower), a failure to do so could rights, privileges and franchises does not reasonably be expected to have a Material Adverse Effect.

Appears in 9 contracts

Sources: Credit Agreement (Istar Inc.), Credit Agreement (Istar Inc.), Credit Agreement (Istar Inc.)

Maintenance of Existence. Each The Borrower will and its Restricted Subsidiaries shall (i) preserve, renew and keep in full force and effect and in good standing, and will cause each Subsidiary to preserve, renew and keep in full force and effect and in good standing, (a) their respective its organizational existence and (bii) their respective take all reasonable action to maintain all rights, privileges and franchises reasonably necessary or desirable in the normal conduct of its business, unlessexcept, solely in each case, (x) as otherwise permitted by Section 6.3 or (y) to the case of this clause (b), a extent that failure to do so could not would not, in the aggregate, reasonably be expected to have a Material Adverse Effect.

Appears in 7 contracts

Sources: Term Loan Credit Agreement (Micron Technology Inc), Credit Agreement (Micron Technology Inc), Term Loan Credit Agreement (Micron Technology Inc)

Maintenance of Existence. Each Borrower will preserve, renew and keep in full force and effect and in good standing, and will cause each Subsidiary to preserve, renew and keep in full force and effect and in good standing, (a) their respective existence and (b) their respective rights, privileges and franchises necessary or desirable in the normal conduct of business, unless, solely in the case of this clause (b), a failure to do so could not reasonably be expected to have a Material Adverse Effect.

Appears in 7 contracts

Sources: Credit and Security Agreement (Aterian, Inc.), Amendment No. 3 to Credit and Security Agreement (Aterian, Inc.), Credit and Security Agreement (Aterian, Inc.)

Maintenance of Existence. Each Borrower will preserve, renew and keep in full force and effect and in good standingeffect, and will cause each Subsidiary to preserve, renew and keep in full force and effect and in good standingeffect, (a) their respective existence and (b) their respective rights, privileges and franchises necessary or desirable in the normal conduct of business, unless, solely in the case of this clause (b), a failure to do so could not reasonably be expected to have a Material Adverse Effect.

Appears in 6 contracts

Sources: Credit and Security Agreement (Monogram Biosciences, Inc.), Credit and Security Agreement (BioTrove, Inc.), Credit and Security Agreement (Alphatec Holdings, Inc.)

Maintenance of Existence. Each The Borrower, each Qualified Borrower and General Partner each will preserve, renew and keep in full force and effect and in good standingeffect, and will cause each Subsidiary to preserve, renew and keep in full force and effect and in good standing, (a) their respective partnership and corporate existence and (b) their respective rights, privileges and franchises necessary or desirable in for the normal conduct of business, unless, solely in business unless the case of this clause (b), a failure to do so could maintain such rights and franchises does not reasonably be expected to have a Material Adverse Effect.

Appears in 6 contracts

Sources: Credit Agreement (Amb Property Lp), Revolving Credit Agreement (Amb Property Lp), Credit Agreement (Amb Property Lp)

Maintenance of Existence. Each Borrower will preserve, renew and keep in full force and effect and in good standingeffect, and will cause each Subsidiary to preserve, renew and keep in full force and effect and in good standingeffect, (a) their respective existence and (b) their respective rights, privileges and franchises necessary or desirable in the normal conduct of business, unless, solely in the case of this clause (b), a failure to do so could not reasonably be expected to have a Material Adverse Effect.

Appears in 6 contracts

Sources: Credit Agreement (Collegiate Pacific Inc), Credit Agreement (Obagi Medical Products, Inc.), Credit Agreement (Sport Supply Group, Inc.)

Maintenance of Existence. Each Subject to Section 5.6(a), each Borrower will preserve, renew and keep in full force and effect and in good standing, and will cause each Subsidiary to preserve, renew and keep in full force and effect and in good standing, (a) their respective existence and (b) their respective rights, privileges and franchises necessary or desirable in the normal conduct of business, unlessexcept, solely in the case of this clause (b), ) where a failure to do so could not reasonably be expected to have result in a Material Adverse Effect.

Appears in 4 contracts

Sources: Term Credit and Security Agreement (Spectranetics Corp), Revolving Credit and Security Agreement (Spectranetics Corp), Credit and Security Agreement (EndoChoice Holdings, Inc.)

Maintenance of Existence. Each Borrower will preserve, renew and keep in full force and effect and in good standing, and will cause each Subsidiary to preserve, renew and keep in full force and effect and in good standing, (a) their respective existence (except as resulting from transactions permitted by Section 5.6) and (b) their respective rights, privileges and franchises necessary or desirable in the normal conduct of businessbusiness except, unless, solely in the case of this clause (b), ) where a failure to do so could would not reasonably be expected to have result in a Material Adverse Effect.

Appears in 3 contracts

Sources: Credit and Security Agreement (Aptevo Therapeutics Inc.), Credit and Security Agreement (Aptevo Therapeutics Inc.), Credit and Security Agreement (Aptevo Therapeutics Inc.)

Maintenance of Existence. Each Unless otherwise permitted under Section 5.6, each Borrower will preserve, renew and keep in full force and effect and in good standing, and will cause each Subsidiary to preserve, renew and keep in full force and effect and in good standing, (a) their respective existence and good standing and (b) their respective rights, privileges and franchises necessary or desirable in the normal conduct of businessbusiness except, unless, solely in the case of this clause (b), where a failure to do so could not reasonably be expected to have result in a Material Adverse Effect.

Appears in 3 contracts

Sources: Credit and Security Agreement (Accuray Inc), Credit and Security Agreement (Accuray Inc), Credit and Security Agreement (Accuray Inc)

Maintenance of Existence. Each The Borrower will preserve, renew shall and keep in full force and effect and in good standing, and will shall cause each Subsidiary of its Consolidated Subsidiaries to preserve, renew and keep in full force and effect and in good standingeffect, (a) their respective its corporate existence and (b) their respective its rights, privileges and franchises necessary or desirable in for the normal conduct of business, unless, solely in its business unless the case of this clause (b), a failure to do so could maintain such rights and franchises does not reasonably be expected to have a Material Adverse Effect.

Appears in 3 contracts

Sources: Second Priority Credit Agreement (Istar Financial Inc), Credit Agreement (Istar Financial Inc), Second Priority Credit Agreement (Istar Financial Inc)

Maintenance of Existence. Each Borrower will preserve, renew and keep in full force and effect and in good standing, and will cause each Subsidiary to preserve, renew and keep in full force and effect and in good standing, (a) their respective existence and (b) their respective rights, privileges and franchises necessary or desirable in the normal conduct of business, unless, solely in the case subject to Section 5.6 of this clause (b), a failure to do so could not reasonably be expected to have a Material Adverse EffectAgreement.

Appears in 2 contracts

Sources: Credit and Security Agreement (Ellipse Technologies Inc), Credit and Security Agreement (Ellipse Technologies Inc)

Maintenance of Existence. Each Borrower will preserve, renew and keep in full force and effect and in good standing, and will cause each Subsidiary to preserve, renew and keep in full force and effect and in good standing, (a) their respective existence and (b) their respective rights, privileges and franchises necessary or desirable in the normal conduct of business, unless, solely in the case of this clause (b), a failure to do so could not reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Sources: Credit Agreement (Pernix Therapeutics Holdings, Inc.), Credit and Security Agreement (Integrated Healthcare Holdings Inc)

Maintenance of Existence. Each Subject to Section 5.6, each Borrower will preserve, renew and keep in full force and effect and in good standing, and will cause each Subsidiary to preserve, renew and keep in full force and effect and in good standing, (a) their respective existence and (b) their respective rights, privileges and franchises necessary or desirable in the normal conduct of business, unless, solely in the case of this clause (b), a failure to do so could not reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Sources: Credit and Security Agreement (Revolving Loan) (Paragon 28, Inc.), Credit and Security Agreement (Term Loan) (Paragon 28, Inc.)

Maintenance of Existence. Each The Borrower will and its Restricted Subsidiaries shall preserve, renew and keep in full force and effect and in good standing, and will cause each Subsidiary to preserve, renew and keep in full force and effect and in good standing, (a) their respective its organizational existence and (bii) their respective take all reasonable action to maintain all rights, privileges and franchises reasonably necessary or desirable in the normal conduct of its business, unlessexcept, solely in each case, (x) as otherwise permitted by Section 6.3 or (y) to the case of this clause (b), a extent that failure to do so could not would not, in the aggregate, reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Sources: Credit Agreement (Micron Technology Inc), Credit Agreement (Micron Technology Inc)

Maintenance of Existence. Each Borrower will preserve, renew and keep in full force and effect and in good standingeffect, and will cause each Subsidiary (other than Foreign Subsidiaries), to preserve, renew and keep in full force and effect, their respective existence and subject to Borrowers’ business judgment will preserve, renew and keep in full force and effect and will cause each Subsidiary (other than Foreign Subsidiaries) to preserve, renew and keep in full force and effect and in good standing, (a) their respective existence and (b) their respective rights, privileges and franchises necessary or desirable in the normal conduct of business, unless, solely in the case of this clause (b), a failure to do so could not reasonably be expected to have a Material Adverse Effectbased on Borrowers’ business.

Appears in 1 contract

Sources: Credit Agreement (Cyberonics Inc)

Maintenance of Existence. Each The Borrower will preserve, renew and keep in full force and effect and in good standingeffect, and will cause each Material Subsidiary to preserve, renew and keep in full force and effect and in good standing, (a) their respective corporate or other legal existence and (b) their respective rights, privileges and franchises necessary or desirable in material to the normal conduct of business, unless, solely their respective businesses; provided that nothing in the case of this clause (b), a failure to do so could not reasonably be expected to have a Material Adverse Effect.this

Appears in 1 contract

Sources: Credit Agreement (Duke Energy Corp)

Maintenance of Existence. Each Except as permitted by Section 5.6, each Borrower will preserve, renew and keep in full force and effect and in good standing, and will cause each Subsidiary to preserve, renew and keep in full force and effect and in good standing, (a) their respective existence and (b) their respective rights, privileges and franchises necessary or desirable in the normal conduct of business, unless, solely except in the case of this clause (b), a ) where the failure to do so could would not reasonably be expected expected, individually or in the aggregate, to have a Material Adverse Effect.

Appears in 1 contract

Sources: Credit and Security Agreement (PTC Therapeutics, Inc.)

Maintenance of Existence. Each Borrower will preserve, renew and keep in full force and effect and in good standingeffect, and will cause each Subsidiary to preserve, renew and keep in full force and effect and in good standingeffect, (a) their respective existence and (b) their respective rights, privileges and franchises necessary or desirable in the normal conduct of business, unless, solely in the case of this business except for a transaction permitted under clause (b), a failure to do so could not reasonably be expected to have a Material Adverse Effecta) of Section 5.6.

Appears in 1 contract

Sources: Credit and Security Agreement (Sagent Holding Co.)

Maintenance of Existence. Each The Borrower will preserve, renew and keep in full force and effect and in good standingeffect, and will cause each corporate Material Subsidiary to preserve, renew and keep in full force and effect and in good standing, (a) their respective existence corporate existences and (b) their respective rights, privileges and franchises necessary or desirable in the normal conduct of business, unless, solely in ; provided that any Material Subsidiary may merge or consolidate with or into the case of this clause Borrower (b), but only if the Borrower is the surviving entity) or a failure to do so could not reasonably be expected to have a Material Adverse EffectConsolidated Subsidiary.

Appears in 1 contract

Sources: Credit Agreement (Commercial Credit Co)

Maintenance of Existence. Each Subject to Section 5.6(a), each Borrower will preserve, renew and keep in full force and effect and in good standing, and will cause each Subsidiary to preserve, renew and keep in full force and effect and in good standing, (a) their respective existence and (b) their respective rights, privileges and franchises necessary or desirable in the normal conduct of business, unlessexcept, solely in the case of this clause (b), where a failure to do so could not reasonably be expected to have result in a Material Adverse Effect.

Appears in 1 contract

Sources: Credit and Security Agreement (Endologix Inc /De/)

Maintenance of Existence. Each Borrower will preserve, renew and keep in full force and effect and in good standing, and will cause each Subsidiary to preserve, renew and keep in full force and effect and in good standing, (a) their respective existence and (b) their respective rights, privileges and franchises necessary or desirable in the normal conduct of business, unless, solely in the case of this clause (b), a failure to do so Except as could not reasonably be expected to have a Material Adverse Effect, each Borrower shall at all times preserve, renew and keep in full force and effect its corporate existence and rights and franchises with respect thereto and maintain in full force and effect all licenses, trademarks, tradenames, approvals, authorizations and Permits necessary to carry on the business as presently conducted, except as permitted in Section 9.7 hereto.

Appears in 1 contract

Sources: Loan and Security Agreement (Jazz Semiconductor Inc)

Maintenance of Existence. Each Borrower will preserve, renew and keep in full force and effect and in good standing, and will cause each Subsidiary to preserve, renew and keep in full force and effect and in good standing, (a) their respective existence and (b) their respective rights, privileges and franchises necessary or desirable in the normal conduct of business, unless, solely in the case of this clause (b), a failure to do so could not reasonably be expected to have a Material Adverse Effect.. ​

Appears in 1 contract

Sources: Credit and Security Agreement (Term Loan) (Akoya Biosciences, Inc.)

Maintenance of Existence. Each Borrower will preserve, renew and keep in full force and effect and in good standingeffect, and will cause each Subsidiary to preserve, renew and keep in full force and effect and in good standingeffect, (a) their respective existence (except for Subsidiary mergers permitted by Section 5.7) and (b) their respective rights, privileges and franchises necessary or desirable in the normal conduct of businessbusiness except for such rights, unless, solely in privileges and/or franchises the case failure of this clause (b), a failure which to do so maintain could not reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Sources: Credit Agreement (Loud Technologies Inc)