Common use of Preservation of Corporate Existence and Related Matters Clause in Contracts

Preservation of Corporate Existence and Related Matters. Except as permitted by Section 9.4, preserve and maintain (a) its separate corporate existence (or equivalent form), except, in the case of a Subsidiary of the Borrower, where the failure to do so could not reasonably be expected to have a Material Adverse Effect, and (b) all rights, franchises, licenses and privileges necessary to the normal conduct of its business except where the failure to do so could not reasonably be expected to have a Material Adverse Effect, and qualify and remain qualified as a foreign corporation or other entity authorized to do business in each jurisdiction in which the failure to so qualify could reasonably be expected to have a Material Adverse Effect.

Appears in 3 contracts

Samples: Credit Agreement (Switch, Inc.), Credit Agreement (Switch, Inc.), Credit Agreement (Switch, Inc.)

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Preservation of Corporate Existence and Related Matters. Except as permitted by Section 9.4, 10.5: (i) preserve and maintain (a) its separate corporate existence legal existence, (or equivalent form), except, in the case of a Subsidiary of the Borrower, where the failure to do so could not reasonably be expected to have a Material Adverse Effect, and (bii) maintain all rights, franchises, licenses and privileges necessary to the normal conduct of its business except where (provided, that no Borrower shall be required to maintain, and shall not be required to cause any of its Subsidiaries to maintain, any such rights, franchises, licenses, or privileges if the failure to do so could would not reasonably be expected to have result in a Material Adverse Effect), and (iii) qualify and remain qualified as a foreign corporation or other entity and authorized to do business in each jurisdiction in which the failure to so qualify could reasonably be expected to would have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Access Financial Solutions Inc)

Preservation of Corporate Existence and Related Matters. Except as permitted by Section 9.49.4 and 9.5, (a), preserve and maintain (a) its separate corporate legal existence (or equivalent form)in its jurisdiction of formation, except, in the case of a Subsidiary of the Borrower, where the failure to do so could not reasonably be expected to have a Material Adverse Effect, and (b) preserve and maintain all rights, franchises, licenses and privileges necessary to the normal conduct of its business business, except where to the extent that failure to do so could not reasonably be expected to have cause a Material Adverse Effect, and (c) qualify and remain qualified as a foreign corporation or other entity and authorized to do business in each jurisdiction in which the failure to so qualify could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Marlin Midstream Partners, LP)

Preservation of Corporate Existence and Related Matters. Except as permitted by Section 9.4, preserve and maintain (a) its separate corporate existence (or equivalent form), except, in the case of a Subsidiary of the Borrower, where the failure to do so could not reasonably be expected to have a Material Adverse Effect, and (b) all rights, franchises, licenses and privileges necessary to the normal conduct of its business except where the failure to do so could not reasonably be expected to have a Material Adverse Effect, and qualify and remain qualified as a foreign corporation or other entity authorized to do business in each jurisdiction in which the failure to so qualify could reasonably be expected to have a Material Adverse Effect.. 105

Appears in 1 contract

Samples: Credit Agreement (Switch, Inc.)

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Preservation of Corporate Existence and Related Matters. Except as permitted by Section 9.49.4 and 9.5, (a) preserve and maintain (a) its the separate corporate existence (or equivalent form), except, in the case of a Subsidiary of the Borrower, where the failure to do so could not reasonably be expected to have a Material Adverse Effect, Borrower and each Subsidiary (other than any Immaterial Subsidiary) and (b) preserve and maintain all rights, franchises, licenses and privileges necessary to the normal conduct of its business except where the failure to do so could not reasonably be expected to have a Material Adverse Effectbusiness, and qualify and remain qualified as a foreign corporation or other entity and authorized to do business in each jurisdiction where the nature and scope of its activities require it to so qualify under Applicable Law except in which the case of this clause (b) where the failure to do so qualify could not reasonably be expected to have result in a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Us Ecology, Inc.)

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