Common use of Preservation of Corporate Existence Clause in Contracts

Preservation of Corporate Existence. The Seller (i) will preserve and maintain its corporate existence, rights, franchises and privileges in the jurisdiction of its incorporation and (ii) will qualify and remain qualified in good standing as a foreign corporation in each jurisdiction in which the failure to preserve and maintain such qualification as a foreign corporation could reasonably be expected to have a Material Adverse Effect.

Appears in 7 contracts

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

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

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 Seller (i) will preserve and maintain its corporate existence, rights, franchises and privileges in the jurisdiction of its incorporation formation, and (ii) will qualify and remain qualified in good standing as a foreign corporation in each jurisdiction in which where the failure to preserve and maintain such existence, rights, franchises, privileges and qualification as a foreign corporation has had, or could reasonably be expected to have have, a Material Adverse Effectmaterial adverse effect on its ability to perform its obligations hereunder or under the Sale Documents.

Appears in 5 contracts

Samples: Purchase and Contribution Agreement (Monroe Capital Income Plus Corp), Purchase and Contribution Agreement (Monroe Capital Income Plus Corp), Purchase and Contribution Agreement (Garrison Capital LLC)

Preservation of Corporate Existence. The Seller (i) will preserve and maintain its corporate or limited liability existence, rights, franchises and privileges in the jurisdiction of its incorporation formation, and (ii) will qualify and remain qualified in good standing as a foreign corporation or organization in each jurisdiction in which where the failure to preserve and maintain such existence, rights, franchises, privileges and qualification as a foreign corporation could reasonably be expected to have a Material Adverse Effect.

Appears in 4 contracts

Samples: Accounts Receivable Purchase Agreement (Implant Sciences Corp), Accounts Receivable Purchase Agreement (American Defense Systems Inc), Accounts Receivable Purchase Agreement (Telos Corp)

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

Appears in 4 contracts

Samples: Purchase and Sale Agreement (Kohlberg Capital CORP), Purchase and Sale Agreement (American Capital Strategies LTD), Purchase and Sale Agreement (American Capital Strategies LTD)

Preservation of Corporate Existence. The Seller (i) will preserve and maintain its corporate existence, rights, franchises and privileges in the jurisdiction of its incorporation incorporation, and (ii) will qualify and remain qualified in good standing as a foreign corporation in each jurisdiction in which where the failure to preserve and maintain such existence, rights, franchises, privileges and qualification as a foreign corporation has had, or could reasonably be expected to have have, a Material Adverse EffectEffect with respect to the Seller.

Appears in 4 contracts

Samples: Sale and Contribution Agreement (Investcorp Credit Management BDC, Inc.), Sale, Contribution and Master Participation Agreement (Oxford Square Capital Corp.), Contribution and Master Participation Agreement (TICC Capital Corp.)

Preservation of Corporate Existence. The Seller (i) will shall preserve and maintain its corporate existence, rights, franchises and privileges in the jurisdiction of its incorporation incorporation, and (ii) will qualify and remain qualified in good standing as a foreign corporation in each jurisdiction in which where the failure to preserve and maintain such existence, rights, franchises, privileges and qualification as a foreign corporation could reasonably be expected to have a Material Adverse Effectmaterially adversely affect (i) the interests of the Agent, any Purchaser Agent or any Purchaser hereunder or (ii) the ability of the Seller to perform its obligations under the Transaction Documents.

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 Seller (i) will preserve and maintain its corporate existence, rights, franchises and privileges in the jurisdiction of its incorporation incorporation, and (ii) will qualify and remain qualified in good standing as a foreign corporation in each jurisdiction in which where the failure to preserve and maintain such qualification as a foreign corporation existence, rights, franchises, privileges and qualifications could reasonably be expected to have a Material Adverse Effect.

Appears in 3 contracts

Samples: Receivables Purchase Agreement (Westpoint Stevens Inc), Receivables Purchase Agreement (Westpoint Stevens Inc), Receivables Purchase Agreement (Westpoint Stevens Inc)

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

Appears in 3 contracts

Samples: Loan Sale and Contribution Agreement (Fifth Street Senior Floating Rate Corp.), Loan Sale and Contribution Agreement (Fifth Street Senior Floating Rate Corp.), Master Transfer Agreement (Fifth Street Senior Floating Rate Corp.)

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

Appears in 2 contracts

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

Preservation of Corporate Existence. The Seller (i) will preserve and maintain its corporate existence, rights, franchises and privileges in the jurisdiction of its incorporation formation, and (ii) will qualify and remain qualified in good standing as a foreign corporation in each jurisdiction in which where the failure to preserve and maintain such existence, rights, franchises, privileges and qualification as a foreign corporation has had, or could reasonably be expected to have have, a Material Adverse EffectEffect on its ability to perform its obligations hereunder or under the Sale Documents.

Appears in 2 contracts

Samples: Purchase and Sale Agreement (GSC Investment Corp.), Purchase and Sale Agreement (GSC Investment Corp.)

Preservation of Corporate Existence. The Such Seller (i) will preserve and maintain its corporate existence, rights, franchises and privileges in the jurisdiction of its incorporation incorporation, and (ii) will qualify and remain qualified in good standing as a foreign corporation in each jurisdiction in which where the failure to preserve and maintain such qualification as a foreign corporation existence, rights, franchises, privileges and qualifications reasonably could reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Receivables Purchase Agreement (International Comfort Products Corp), Receivables Purchase Agreement (International Comfort Products Corp)

Preservation of Corporate Existence. The Seller (i) will preserve Preserve and maintain its Seller's corporate existence, rights, franchises and privileges in the jurisdiction of its incorporation incorporation, and (ii) will qualify to transact business and remain so qualified and in good standing as a foreign corporation in each jurisdiction in which where the failure to preserve and maintain such existence, rights, franchises, privileges and qualification as a foreign corporation could reasonably be expected to would have a Material Adverse EffectEffect on (i) the interests of Purchaser, (ii) the collectibility of any Purchased Receivable or (iii) the ability of Seller to perform its obligations hereunder.

Appears in 2 contracts

Samples: Servicing Agreement (Western Publishing Group Inc), Receivables Purchase Agreement (Aurora Foods Inc /De/)

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

Appears in 2 contracts

Samples: Purchase and Sale Agreement (American Capital Strategies LTD), Purchase and Sale Agreement (American Capital Strategies LTD)

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

Appears in 1 contract

Samples: Consolidated Receivables Sale Agreement (Goodyear Tire & Rubber Co /Oh/)

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

Appears in 1 contract

Samples: Receivables Purchase Agreement (Exide Corp)

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Preservation of Corporate Existence. The Seller (i) will preserve and maintain ----------------------------------- its corporate existence, rights, franchises and privileges in the jurisdiction of its incorporation incorporation, and (ii) will qualify and remain qualified in good standing as a foreign corporation in each jurisdiction in which where the failure to preserve and maintain such qualification as existence, rights, franchises, privileges and qualifications has, or has a foreign corporation could reasonably be expected to have reasonable likelihood of having, a Material Adverse EffectEffect with respect to Seller or Buyer.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Healthcare Financial Partners Inc)

Preservation of Corporate Existence. The Such Seller (i) will preserve and maintain its corporate existence, rights, franchises and privileges in the jurisdiction of its incorporation incorporation, and (ii) will qualify and remain qualified in good standing as a foreign corporation in each jurisdiction in which where the failure to preserve and maintain such qualification as existence, rights, franchises, privileges and qualifications would have a foreign corporation could reasonably be expected to have substantial likelihood of having a Material Adverse Effect.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Big Flower Press Holdings Inc)

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

Appears in 1 contract

Samples: Receivables Purchase Agreement (Amerisource Distribution Corp)

Preservation of Corporate Existence. The Seller (i) will preserve and maintain its corporate existence, rights, franchises and privileges in the jurisdiction of its incorporation incorporation, and (ii) will qualify and remain qualified in good standing as a foreign corporation in the jurisdiction where its principal place of business and its chief executive office are located and in each other jurisdiction in which where the failure to preserve and maintain such qualification as a foreign corporation could reasonably be expected to existence, rights, franchises, privileges and qualifications would have a Material Adverse Effect.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Linc Capital Inc)

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

Appears in 1 contract

Samples: Receivables Purchase Agreement (Escalade Inc)

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

Appears in 1 contract

Samples: Receivables Purchase Agreement (Exide Corp)

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

Appears in 1 contract

Samples: Advance Purchase Agreement (Aames Financial Corp/De)

Preservation of Corporate Existence. The Seller (i) will preserve and maintain its corporate existence, rights, franchises and privileges in the jurisdiction of its incorporation incorporation, and (ii) will qualify and remain qualified in good standing as a foreign corporation in each jurisdiction in which where the failure to preserve and maintain such existence, rights, franchises, privileges and qualification as a foreign corporation could would reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Terra Industries Inc)

Preservation of Corporate Existence. The Except as ----------------------------------- permitted pursuant to Section 6.11 hereof, the Seller (i) will shall preserve and maintain its corporate existence, rights, franchises existence and privileges good standing in the jurisdiction of its incorporation incorporation, and (ii) will qualify and remain qualified in good standing as a foreign corporation in each jurisdiction in which where the failure to preserve and maintain such existence, rights, franchises, privileges and qualification as a foreign corporation could reasonably be expected would materially adversely affect (i) the interests of BSF hereunder or (ii) its ability to have a Material Adverse Effectperform its obligations under the Program Documents.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Bethlehem Steel Corp /De/)

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