Common use of Preservation of Corporate Existence Clause in Contracts

Preservation of Corporate Existence. The Servicer will preserve and maintain its corporate existence, rights, franchises and privileges in the jurisdiction of its formation, and qualify and remain qualified in good standing as a foreign corporation in each jurisdiction where the failure to 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: Funding and Servicing Agreement (American Capital Strategies LTD), Credit Agreement (Gladstone Capital Corp), Credit Agreement (Gladstone Capital Corp)

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Preservation of Corporate Existence. The Servicer will preserve and maintain its corporate existence, rights, franchises and privileges in the jurisdiction of its formation, and qualify and remain qualified in good standing as a foreign 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 20 contracts

Samples: Credit Agreement (Regional Management Corp.), Credit Agreement (Regional Management Corp.), First Tier Purchase Agreement (Regional Management Corp.)

Preservation of Corporate Existence. The Servicer will preserve and maintain its corporate existence, rights, franchises and privileges in the jurisdiction of its formation, and qualify and remain qualified in good standing as a foreign corporation in each jurisdiction where the failure to 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: Sale and Servicing Agreement (Hercules Technology Growth Capital Inc), Funding and Servicing Agreement (American Capital Strategies LTD), Loan Funding and Servicing Agreement (American Capital Strategies LTD)

Preservation of Corporate Existence. The Servicer (i) will preserve and maintain its corporate existence, rights, franchises and privileges in the jurisdiction of its formationincorporation, other than any change in corporate status by reason of a merger or consolidation permitted by Section 7.02 and (ii) will qualify and remain qualified in good standing as a foreign corporation in each jurisdiction where in which the failure to preserve and maintain such existence, rights, franchises, privileges and qualification has had, or as a foreign corporation could reasonably be expected to have, have a Material Adverse EffectEffect with respect to the Servicer.

Appears in 7 contracts

Samples: Purchase Agreement (Realogy Corp), Servicing Agreement (NRT Settlement Services of Missouri LLC), Purchase Agreement (NRT Settlement Services of Missouri LLC)

Preservation of Corporate Existence. The Servicer will shall preserve and maintain its corporate existence, rights, franchises and privileges in the jurisdiction of its formationincorporation, and qualify and remain qualified in good standing as a foreign corporation in each jurisdiction where the failure to preserve and maintain such existence, rights, franchises, privileges and qualification has hadwould materially adversely affect (i) the interests of the Administrator, any Purchaser Agent or could reasonably be expected any Purchaser hereunder or (ii) the ability of such Servicer to have, a Material Adverse Effectperform its obligations under this Agreement.

Appears in 6 contracts

Samples: Receivables Purchase Agreement (Amerisourcebergen Corp), Receivables Purchase Agreement (Amerisourcebergen Corp), Receivables Purchase Agreement (Amerisourcebergen Corp)

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

Appears in 6 contracts

Samples: Loan Funding and Servicing Agreement (Patriot Capital Funding, Inc.), Loan Funding and Servicing Agreement (Kohlberg Capital CORP), Loan Funding and Servicing Agreement (Patriot Capital Funding, Inc.)

Preservation of Corporate Existence. The Servicer will shall preserve and maintain its corporate existence, rights, franchises and privileges in the jurisdiction of its formationincorporation, and qualify and remain qualified in good standing as a foreign 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 havematerially adversely affect (i) the interests of the Agent, a Material Adverse Effectany Purchaser Agent or any Purchaser hereunder or (ii) the ability of such Servicer to perform its obligations under this Agreement.

Appears in 4 contracts

Samples: Receivables Purchase Agreement (Henry Schein Inc), Receivables Purchase Agreement (Henry Schein Inc), Receivables Purchase Agreement (Henry Schein Inc)

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

Appears in 3 contracts

Samples: Sale and Servicing Agreement (Hercules Capital, Inc.), Sale and Servicing Agreement (Hercules Capital, Inc.), Sale and Servicing Agreement (Hercules Capital, Inc.)

Preservation of Corporate Existence. The Servicer will shall preserve and maintain its corporate existence, rights, franchises and privileges in the jurisdiction of its formationincorporation, and qualify and remain qualified in good standing as a foreign corporation in each jurisdiction where the failure to preserve and maintain such existence, rights, franchises, privileges and qualification has had, could materially adversely affect (i) the interests of the Buyer hereunder or could reasonably be expected (ii) the ability of the Servicer to have, a Material Adverse Effectperform its obligations hereunder.

Appears in 2 contracts

Samples: Receivables Purchase Agreement (Volt Information Sciences Inc), Receivables Purchase Agreement (Commercial Metals Co)

Preservation of Corporate Existence. The Servicer will preserve and maintain its corporate existence, rights, franchises and privileges in the jurisdiction of its formation, and qualify and remain qualified in good standing as a foreign 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 (MCG Capital Corp), Sale and Servicing Agreement (MCG Capital Corp)

Preservation of Corporate Existence. The Servicer will preserve and maintain its corporate existence, rights, franchises and privileges in the jurisdiction of its formation, and qualify and remain qualified in good standing as a foreign corporation limited partnership in each jurisdiction where the failure to 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: Credit Agreement (GSC Investment Corp.), Credit Agreement (GSC Investment Corp.)

Preservation of Corporate Existence. The Servicer will preserve and maintain its corporate limited liability company existence, rights, franchises and privileges in the jurisdiction of its formation, and qualify and remain qualified in good standing as a foreign corporation limited liability company in each jurisdiction where the failure to 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: Sale and Servicing Agreement (Horizon Technology Finance Corp), Sale and Servicing Agreement (Horizon Technology Finance Corp)

Preservation of Corporate Existence. The Servicer will preserve and maintain its corporate existence, rights, franchises and privileges in the jurisdiction of its formation, and qualify and remain qualified in good standing as a foreign 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: Credit Agreement (Regional Management Corp.), Credit Agreement (Regional Management Corp.)

Preservation of Corporate Existence. The Servicer and the Sub-Servicer will preserve and maintain its corporate or limited liability company (as applicable) existence, rights, franchises and privileges in the jurisdiction of its formation, and qualify and remain qualified in good standing as a foreign corporation or limited liability company (as applicable) in each jurisdiction where the failure to 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: Sale and Servicing Agreement (Horizon Technology Finance Corp), Sale and Servicing Agreement (Horizon Technology Finance Corp)

Preservation of Corporate Existence. The Servicer will shall preserve and maintain its corporate existence, rights, franchises and privileges in the jurisdiction of its formationincorporation, and qualify and remain qualified in good standing as a foreign 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 havematerially adversely affect (i) the interests of the Administrative Agent, a Material Adverse EffectManaging Agent or a Buyer hereunder or (ii) the ability of the Servicer to perform its obligations hereunder.

Appears in 2 contracts

Samples: Receivables Purchase Agreement (Commercial Metals Co), Receivables Purchase Agreement (Commercial Metals Co)

Preservation of Corporate Existence. The Servicer will preserve and maintain its corporate limited liability company existence, rights, franchises and privileges in the jurisdiction of its formation, and qualify and remain qualified in good standing as a foreign corporation 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 2 contracts

Samples: Loan and Security Agreement (DT Acceptance Corp), Loan and Security Agreement (DT Acceptance Corp)

Preservation of Corporate Existence. The Servicer will preserve and maintain its corporate existence, rights, franchises and privileges in the jurisdiction of its formation, and qualify and remain qualified in good standing as a foreign corporation 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: Warehouse Agreement (Flagship Credit Corp.)

Preservation of Corporate Existence. The Servicer will shall preserve and maintain its corporate existence, rights, franchises and privileges in the jurisdiction of its formationincorporation, and qualify and remain qualified in good standing as a foreign corporation in each jurisdiction where the failure to preserve and maintain such existence, rights, franchises, privileges and qualification has hadcould materially adversely affect (i) the interests of the Administrator, any Buyer or could reasonably be expected any Buyer Agent hereunder or (ii) the ability of the Servicer to have, a Material Adverse Effectperform its obligations hereunder.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Volt Information Sciences, Inc.)

Preservation of Corporate Existence. The Except as otherwise permitted pursuant to SECTION 8.03, the Servicer will shall preserve and maintain its corporate existence, rights, franchises and privileges in the jurisdiction of its formationincorporation, and qualify and remain qualified in good standing as a foreign 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, would have a Material Adverse Effect.

Appears in 1 contract

Samples: Master Trust Indenture and Security Agreement (Stone Container Corp)

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Preservation of Corporate Existence. The Servicer will shall preserve and maintain its corporate existence, rights, franchises and privileges in the jurisdiction of its formationincorporation, and qualify and remain qualified in good standing as a foreign corporation in each jurisdiction where the failure to preserve and maintain such existence, rights, franchises, privileges and qualification has hadwould materially adversely affect (i) the interests of the Administrator, any Purchaser Agent or could reasonably be expected any Purchaser hereunder or (ii) the ability of such Servicer to have, a Material Adverse Effect.perform its obligations under this Agreement. (d)

Appears in 1 contract

Samples: Receivables Purchase Agreement (Amerisourcebergen Corp)

Preservation of Corporate Existence. The Servicer will preserve and maintain its corporate existence, rights, franchises and privileges in the jurisdiction its State of its formation, and shall qualify and remain qualified in good standing as a foreign corporation 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 Agreement (Lithia Motors Inc)

Preservation of Corporate Existence. The Servicer and each Subservicer will preserve and maintain its corporate existence, rights, franchises and privileges in the jurisdiction of its formation, and qualify and remain qualified in good standing as a foreign corporation 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: Credit Agreement (CURO Group Holdings Corp.)

Preservation of Corporate Existence. The Servicer and each Subservicer will preserve and maintain its corporate existence, rights, franchises and privileges in the jurisdiction of its formation, and qualify and remain qualified in good standing as a foreign 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.. (c)

Appears in 1 contract

Samples: Credit Agreement (CURO Group Holdings Corp.)

Preservation of Corporate Existence. The Servicer and each Subservicer will preserve and maintain its corporate existence, rights, franchises and privileges in the jurisdiction of its formation, and qualify and remain qualified in good standing as a foreign 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: Credit Agreement (CURO Group Holdings Corp.)

Preservation of Corporate Existence. The Servicer will shall preserve ----------------------------------- and maintain its corporate existence, rights, franchises and privileges in the jurisdiction of its formationincorporation, and qualify and remain qualified in good standing as a foreign corporation in each jurisdiction where the failure to preserve and maintain such existence, rights, franchises, privileges and qualification has had, would materially adversely affect (i) the interests of the Administrative Agent or could reasonably be expected any Owner hereunder or (ii) the ability of such Servicer to have, a Material Adverse Effectperform its obligations under this Agreement.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Amerisource Distribution Corp)

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

Appears in 1 contract

Samples: Credit Agreement (Gladstone Investment Corporation\de)

Preservation of Corporate Existence. The Servicer will preserve and maintain its corporate organizational existence, rights, franchises and privileges in the jurisdiction of its formation, and qualify and remain qualified in good standing as a foreign corporation in each jurisdiction where the failure to 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 (American Capital Strategies LTD)

Preservation of Corporate Existence. The Servicer will preserve and maintain its corporate existence, rights, franchises and privileges in the jurisdiction of its formation, and qualify and remain qualified in good standing as a 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: Credit Agreement (Santander Holdings USA, Inc.)

Preservation of Corporate Existence. The Servicer will preserve and maintain its corporate existence, rights, franchises and privileges in the jurisdiction its State of its formation, and shall qualify and remain qualified in good standing as a foreign corporation 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.. (c)

Appears in 1 contract

Samples: 154304283v7 Loan Agreement (Lithia Motors Inc)

Preservation of Corporate Existence. The Servicer will (i) preserve and maintain its corporate existence, rights, franchises and privileges in the jurisdiction of its formation, incorporation and (ii) qualify and remain qualified in good standing as a foreign 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: Loan and Security Agreement (NewStar Financial, Inc.)

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