Common use of Preservation of Corporate Existence Clause in Contracts

Preservation of Corporate Existence. The Borrower will preserve and maintain its existence, rights, franchises and privileges in the jurisdiction of its formation, and qualify and remain qualified in good standing 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 36 contracts

Samples: Loan and Servicing Agreement (Prospect Capital Corp), Loan and Servicing Agreement (Prospect Capital Corp), Loan and Servicing Agreement (Prospect Capital Corp)

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Preservation of Corporate Existence. The Borrower will preserve and maintain its existence, rights, franchises corporate existence and privileges in the jurisdiction all of its formation, and qualify and remain qualified in good standing in each jurisdiction where the failure to maintain such existence, rights, franchises, privileges and qualification has hadfranchises necessary or desirable in the normal conduct of its business; and shall conduct its business in an orderly, or could reasonably be expected to have, a Material Adverse Effectefficient and regular manner.

Appears in 12 contracts

Samples: Loan Agreement (International Absorbents Inc), Loan Agreement, Loan Agreement (RathGibson Inc)

Preservation of Corporate Existence. The Borrower will preserve and maintain its existence, rights, franchises corporate existence and privileges in the jurisdiction all of its formation, and qualify and remain qualified in good standing in each jurisdiction where the failure to maintain such existence, rights, franchises, privileges and qualification has hadfranchises necessary or desirable in the normal conduct of its business and shall conduct its business in an orderly, or could reasonably be expected to have, a Material Adverse Effectefficient and regular manner.

Appears in 10 contracts

Samples: Credit and Security Agreement (Crager Industries Inc), Credit and Security Agreement (Continental Information Systems Corp), Credit and Security Agreement (Skymall Inc)

Preservation of Corporate Existence. The Borrower will preserve and maintain its existence, rights, franchises and privileges in the jurisdiction of its formation, and qualify and remain qualified in good standing 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 5 contracts

Samples: Loan Funding and Servicing Agreement (American Capital Strategies LTD), Funding and Servicing Agreement (American Capital Strategies LTD), Funding and Servicing Agreement (American Capital Strategies LTD)

Preservation of Corporate Existence. The Borrower will shall preserve and maintain its existence, rights, franchises and privileges in the jurisdiction of its formation, and qualify and remain qualified in good standing 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 3 contracts

Samples: Loan and Servicing Agreement (Prospect Capital Corp), Loan and Servicing Agreement (Prospect Capital Corp), Loan and Servicing Agreement (Prospect Capital Corp)

Preservation of Corporate Existence. The Borrower will, and will cause each of its Subsidiaries to, preserve and maintain its existence, rights, franchises corporate existence and privileges in the jurisdiction all of its formation, and qualify and remain qualified in good standing in each jurisdiction where the failure to maintain such existence, rights, franchises, privileges and qualification has hadfranchises necessary or desirable in the normal conduct of its business and shall conduct its business in an orderly, or could reasonably be expected to have, a Material Adverse Effectefficient and regular manner.

Appears in 3 contracts

Samples: Credit Agreement (Innovex Inc), Credit Agreement (Entegris Inc), Credit Agreement (Entegris Inc)

Preservation of Corporate Existence. The Each of Borrower and Servicer will preserve and maintain its existence, existence rights, franchises and privileges in the jurisdiction of its formationincorporation or organization, and qualify and remain qualified in good standing as a foreign entity in the jurisdiction where its principal place of business and its chief executive office are located and in each other jurisdiction where the failure to preserve and maintain such existence, rights, franchises, privileges and qualification has had, or could reasonably be expected to have, qualifications would have a Material Adverse Effect.

Appears in 2 contracts

Samples: Loan Agreement (Oxford Industries Inc), Loan Agreement (Choicepoint Inc)

Preservation of Corporate Existence. The Borrower will shall preserve and maintain its corporate existence, rights, franchises and privileges in the jurisdiction of its formationorganization, 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 the interests of the Lender or could reasonably be expected the Program Manager or their ability of to have, a Material Adverse Effectperform their respective obligations hereunder or under the RPTA.

Appears in 2 contracts

Samples: Loan and Security Agreement (Physicians Clinical Laboratory Inc), Loan and Security Agreement (Nu Tech Bio Med Inc)

Preservation of Corporate Existence. The Borrower will shall preserve and maintain its corporate existence, rights, franchises and privileges in the jurisdiction of its formationorganization, 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 the interests of the Lender or could reasonably be expected the Program Manager or their ability to have, a Material Adverse Effectperform their respective obligations hereunder or under the RPTA.

Appears in 1 contract

Samples: Loan and Security Agreement (Mim Corp)

Preservation of Corporate Existence. The Borrower will shall, except as contemplated by the Related Transactions, preserve and maintain its corporate existence, rights, franchises and privileges in the jurisdiction of its formationincorporation, and qualify and remain qualified as a foreign corporation in good standing in each jurisdiction such jurisdictions where the failure to maintain such existence, rights, franchises, privileges and qualification has had, or could reasonably be expected to have, so qualify would have a Material Adverse Effect.

Appears in 1 contract

Samples: Senior Subordinated Loan Agreement (R B Capital Corp)

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Preservation of Corporate Existence. The Borrower will shall preserve and maintain its corporate existence, rights, franchises and privileges in the jurisdiction of its formationorganization, 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 the interests of the Lender or could reasonably be expected the Program Manager or their ability of to have, a Material Adverse Effectperform their respective obligations hereunder or under the RPA.

Appears in 1 contract

Samples: Loan and Security Agreement (Community Care of America Inc)

Preservation of Corporate Existence. The Borrower will shall preserve and maintain its existence, rights, franchises and privileges in the jurisdiction of its formation, and {B2297203; 11} - 30 - qualify and remain qualified in good standing 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: Loan and Servicing Agreement (Prospect Capital Corp)

Preservation of Corporate Existence. The Each Borrower will and Holdings shall preserve and maintain its corporate existence, rights, franchises and privileges in the jurisdiction of its formationorganization, 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 the interests of the Lender or could reasonably be expected the Program Manager or their ability of to have, a Material Adverse Effectperform their respective obligations hereunder.

Appears in 1 contract

Samples: Loan and Security Agreement (Perennial Health Systems Inc)

Preservation of Corporate Existence. The Borrower will preserve and maintain its existence, rights, franchises and privileges in the jurisdiction of its formation, and qualify and remain qualified existence in good standing in each its governing jurisdiction and shall remain qualified to do business and own assets in such jurisdictions except where the failure to maintain such existence, rights, franchises, privileges and qualification has had, or could reasonably be expected to have, do so would not constitute a Material Adverse EffectChange.

Appears in 1 contract

Samples: Loan Agreement (Acorn Energy, Inc.)

Preservation of Corporate Existence. The Borrower will preserve and maintain its limited liability existence, rights, franchises and privileges in the jurisdiction of its formationorganization, 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, would have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit and Security Agreement (Packaging Corp of America)

Preservation of Corporate Existence. The Borrower will preserve and maintain its existence, rights, franchises and privileges in the jurisdiction of its formation, and qualify and remain qualified in good standing 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)

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