Common use of Preservation of Company Existence Clause in Contracts

Preservation of Company Existence. The Servicer will preserve and maintain its company existence, rights, franchises and privileges in the jurisdiction of its formation, and qualify and remain qualified in good standing as a limited liability company in each jurisdiction where the failure to preserve and maintain such existence, rights, franchises, privileges and qualification has had, or could reasonably be expected to have, a Material Adverse Effect.

Appears in 29 contracts

Samples: Sale and Servicing Agreement (Capitalsource Inc), Sale and Servicing Agreement (Capitalsource Inc), Sale and Servicing Agreement (Capitalsource Inc)

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Preservation of Company Existence. The Servicer will preserve and maintain its company corporate existence, rights, franchises and privileges in the jurisdiction of its formationincorporation, and qualify and remain qualified in good standing as a limited liability company corporation in each jurisdiction where the failure to preserve and maintain such existence, rights, franchises, privileges and qualification has had, or could reasonably be expected to have, have a Material Adverse Effect.

Appears in 28 contracts

Samples: Loan and Servicing Agreement (Ares Capital Corp), Loan and Servicing Agreement (Solar Capital Ltd.), Sale and Servicing Agreement (Ares Capital Corp)

Preservation of Company Existence. The Servicer will preserve and maintain its company corporate existence, rights, franchises and privileges in the jurisdiction of its formation, and qualify and remain qualified in good standing as a limited liability company corporation in each jurisdiction where the failure to preserve and maintain such existence, rights, franchises, privileges and qualification has had, or could reasonably be expected to have, have a Material Adverse Effect.

Appears in 22 contracts

Samples: Loan and Servicing Agreement (FS KKR Capital Corp), Loan and Servicing Agreement (Business Development Corp of America), Note Purchase Agreement (Ares Capital Corp)

Preservation of Company Existence. The Servicer will preserve and maintain its company existence, rights, franchises and privileges in the jurisdiction of its formation, and qualify and remain qualified in good standing as a limited liability company in each jurisdiction where the failure to preserve and maintain such existence, rights, franchises, privileges and qualification has had, or could reasonably be expected to have, have a Material Adverse Effect.

Appears in 16 contracts

Samples: Loan and Servicing Agreement (Diameter Credit Co), Loan and Servicing Agreement (Franklin BSP Capital Corp), Loan and Servicing Agreement (Apollo Debt Solutions BDC)

Preservation of Company Existence. The Servicer will preserve and maintain its company corporate existence, rights, franchises and privileges in the jurisdiction of its formation, and qualify and remain qualified in good standing as a limited liability company corporation in each jurisdiction where the failure to preserve and maintain such existence, rights, franchises, privileges and qualification has had, or could reasonably be expected to have, a Material Adverse Effect.

Appears in 8 contracts

Samples: Loan and Servicing Agreement (NewStar Financial, Inc.), Loan and Servicing Agreement (NewStar Financial, Inc.), Secured Loan and Servicing Agreement (NewStar Financial, Inc.)

Preservation of Company Existence. The Servicer will preserve and maintain its company organizational existence, rights, franchises and privileges in the jurisdiction of its formation, and qualify and remain qualified in good standing as a limited liability company (or other applicable entity in the case of a successor Servicer), in each jurisdiction where the failure to preserve and maintain such existence, rights, franchises, privileges and qualification has had, or could reasonably be expected to have, a Material Adverse Effect.

Appears in 6 contracts

Samples: Credit Agreement (CLST Holdings, Inc.), Revolving Credit Agreement (CLST Holdings, Inc.), Credit Agreement (CLST Holdings, Inc.)

Preservation of Company Existence. The Servicer will preserve and maintain its limited liability company existence, rights, franchises and privileges in the jurisdiction of its formation, and qualify and remain qualified in good standing as a limited liability company in each jurisdiction where the failure to preserve and maintain such existence, rights, franchises, privileges and qualification has had, or could reasonably be expected to have, have a Material Adverse Effect.

Appears in 5 contracts

Samples: Loan and Servicing Agreement (Oaktree Strategic Credit Fund), Loan and Servicing Agreement (GOLUB CAPITAL BDC, Inc.), Loan and Servicing Agreement (Oaktree Strategic Credit Fund)

Preservation of Company Existence. The Servicer will preserve and maintain its company existence, rights, franchises and privileges in the jurisdiction of its formation, and qualify and remain qualified in good standing as a limited liability company in each jurisdiction where the failure to preserve and maintain such existence, rights, franchises, privileges and qualification has had, or could would reasonably be expected to have, have a Material Adverse Effect.

Appears in 4 contracts

Samples: Loan and Servicing Agreement (BlackRock TCP Capital Corp.), Loan and Servicing Agreement (First Eagle Private Credit Fund), Loan and Servicing Agreement (Owl Rock Capital Corp)

Preservation of Company Existence. The Servicer will (i) preserve and maintain its company existence, rights, franchises and privileges in the jurisdiction of its formation, formation and (ii) qualify and remain qualified in good standing as a limited liability company statutory trust in each jurisdiction where the failure to preserve and maintain such existence, rights, franchises, privileges and qualification has had, or could would reasonably be expected to have, a Material Adverse Effect.

Appears in 4 contracts

Samples: Loan and Servicing Agreement (Blackstone Private Credit Fund), Loan and Servicing Agreement (Ares Strategic Income Fund), Credit Agreement (Ares Strategic Income Fund)

Preservation of Company Existence. The Servicer will preserve and maintain its company corporate existence, rights, franchises and privileges in the jurisdiction of its formation, and qualify and remain qualified in good standing as a limited liability company corporation in each jurisdiction where the failure to preserve and maintain such existence, rights, franchises, privileges and qualification has had, or could reasonably be expected to have, a Material Adverse Effect.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Ares Capital Corp), Sale and Servicing Agreement (Ares Capital Corp)

Preservation of Company Existence. The Servicer will (i) preserve and maintain its company existence, rights, franchises and privileges in the jurisdiction of its formation, formation and (ii) qualify and remain qualified in good standing as a limited liability company partnership in each jurisdiction where the failure to preserve and maintain such existence, rights, franchises, privileges and qualification has had, or could would reasonably be expected to have, a Material Adverse Effect.

Appears in 2 contracts

Samples: Financing and Servicing Agreement (Blackstone Private Credit Fund), Loan and Servicing Agreement (Blackstone Private Credit Fund)

Preservation of Company Existence. The Servicer will preserve and maintain its limited liability company existence, rights, franchises and privileges in the jurisdiction of its formation, and qualify and remain qualified in good standing as a limited liability company company, in each jurisdiction where the failure to preserve and maintain such existence, rights, franchises, privileges and qualification has had, or could reasonably be expected to have, a Material Adverse Effect.

Appears in 2 contracts

Samples: Loan and Servicing Agreement (North Haven Private Income Fund LLC), Loan and Servicing Agreement (North Haven Private Income Fund LLC)

Preservation of Company Existence. The Servicer will preserve and maintain its company corporate existence, rights, franchises and privileges in the jurisdiction of its formation, and qualify and remain qualified in good standing as a limited liability company in each jurisdiction where the failure to preserve and maintain such existence, rights, franchises, privileges and qualification has had, or could reasonably be expected to have, have a Material Adverse Effect.

Appears in 2 contracts

Samples: Loan and Servicing Agreement (FS KKR Capital Corp), Loan and Servicing Agreement (FS Investment Corp II)

Preservation of Company Existence. The Servicer will (i) preserve and maintain its company companyorganizational existence, rights, franchises and privileges in the jurisdiction of its formation, formation and (ii) qualify and remain qualified in good standing as a limited liability company in each jurisdiction where the failure to preserve and maintain such existence, rights, franchises, privileges and qualification has had, or could would reasonably be expected to have, a Material Adverse Effect.

Appears in 1 contract

Samples: Loan Financing and Servicing Agreement (Blackstone Private Credit Fund)

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Preservation of Company Existence. The Servicer will (i) preserve and maintain its company existence, rights, franchises and privileges in the jurisdiction of its formation, formation and (ii) qualify and remain qualified in good standing as a limited liability partnershipliability company in each jurisdiction where the failure to preserve and maintain such existence, rights, franchises, privileges and qualification has had, or could would reasonably be expected to have, a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Servicing Agreement (Blackstone Private Credit Fund)

Preservation of Company Existence. The Servicer will preserve and maintain its company existence, rights, franchises and privileges in the jurisdiction of its formation, and qualify and remain qualified in good standing as a limited liability company in each jurisdiction where the failure to preserve and maintain such existence, rights, franchises, privileges and qualification has had, or could reasonably be expected to have, a Material Adverse Effect.. 100

Appears in 1 contract

Samples: Sale and Servicing Agreement (Capitalsource Inc)

Preservation of Company Existence. The Servicer will (i) preserve and maintain its company existence, rights, franchises and privileges in the jurisdiction of its formation, formation and (ii) qualify and remain qualified in good standing as a limited liability company in each jurisdiction where the failure to preserve and maintain such existence, rights, franchises, privileges and qualification has had, or could reasonably be expected to have, a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Owl Rock Core Income Corp.)

Preservation of Company Existence. The Servicer will shall preserve and maintain its company corporate existence, rights, franchises and privileges in the jurisdiction of its formation, formation and qualify and remain qualified in good standing as a limited liability company foreign corporation in each jurisdiction where the failure to preserve and maintain such existence, rights, franchises, privileges and qualification has had, or could would reasonably be expected to have, a Material Adverse Effect.

Appears in 1 contract

Samples: Servicing Agreement (American Color Graphics Inc)

Preservation of Company Existence. The Servicer will preserve and maintain its company organizational existence, rights, franchises and privileges in the jurisdiction of its formation, and qualify and remain qualified in good standing as a limited liability company and as a corporation, respectively, in each jurisdiction where the failure to preserve and maintain such existence, rights, franchises, privileges and qualification has had, or could reasonably be expected to have, a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Golub Capital BDC, Inc.)

Preservation of Company Existence. The Servicer will (i) preserve and maintain its company organizational existence, rights, franchises and privileges in the jurisdiction of its formation, formation and (ii) qualify and remain qualified in good standing as a limited liability company in each jurisdiction where the failure to preserve and maintain such existence, rights, franchises, privileges and qualification has had, or could would reasonably be expected to have, a Material Adverse Effect.

Appears in 1 contract

Samples: Loan Financing and Servicing Agreement (Blackstone Private Credit Fund)

Preservation of Company Existence. The Servicer will preserve and maintain its company corporate existence, rights, franchises and privileges in the jurisdiction of its formationincorporation, and qualify and remain 118 DMSLIBRARY01\32370595.v1 qualified in good standing as a limited liability company corporation in each jurisdiction where the failure to preserve and maintain such existence, rights, franchises, privileges and qualification has had, or could reasonably be expected to have, have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Servicing Agreement (TCG Bdc, Inc.)

Preservation of Company Existence. The Servicer will (i) preserve and maintain its limited liability company existence, rights, franchises and privileges in the jurisdiction of its formation, formation and (ii) qualify and remain qualified in good standing as a limited liability company in each jurisdiction where the failure to preserve and maintain such existence, rights, franchises, privileges and qualification has had, or could would reasonably be expected to have, a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Servicing Agreement (Antares Strategic Credit Fund)

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