Common use of Preservation of Company Existence Clause in Contracts

Preservation of Company Existence. The Seller 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 30 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 Seller 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 15 contracts

Samples: Purchase and Sale Agreement (Pennantpark Investment Corp), Purchase and Sale Agreement (FS Investment Corp II), Purchase and Sale Agreement (Golub Capital Investment Corp)

Preservation of Company Existence. The Seller 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 4 contracts

Samples: Second Tier Purchase and Sale Agreement (Ares Capital Corp), Second Tier Purchase and Sale Agreement (Ares Capital Corp), Second Tier Purchase and Sale Agreement (Ares Capital Corp)

Preservation of Company Existence. The Seller 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 3 contracts

Samples: Purchase and Sale Agreement (Ares Capital Corp), Purchase and Sale Agreement (Business Development Corp of America), First Tier Purchase and Sale Agreement (Ares Capital Corp)

Preservation of Company Existence. The Seller 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, a Material Adverse Effect.

Appears in 3 contracts

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

Preservation of Company Existence. The Seller will preserve and maintain its company existence, rights, franchises and privileges as a corporation 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 2 contracts

Samples: Purchase and Sale Agreement (Ares Capital Corp), Purchase and Sale Agreement (Morgan Stanley Direct Lending Fund)

Preservation of Company Existence. The Seller 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: Contribution and Sale Agreement (American Color Graphics Inc)

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Preservation of Company Existence. The Seller will shall: (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 would reasonably be expected to have, a Material Adverse Effect.

Appears in 1 contract

Samples: Facility Agreement (KKR FS Income Trust)

Preservation of Company Existence. The Seller 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 1 contract

Samples: Purchase and Sale Agreement (Ares Capital Corp)

Preservation of Company Existence. The Seller 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 statutory trust 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: Purchase and Sale Agreement (FS Energy & Power Fund)

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