Common use of Preservation of Corporate Status Clause in Contracts

Preservation of Corporate Status. The Borrower shall, and shall cause each of its Significant Subsidiaries to, do, or cause to be done, all things necessary to preserve and keep in full force and effect its corporate existence and all permits, rights and privileges necessary for the proper conduct of its business; PROVIDED, HOWEVER, that nothing in this Section 5.04 shall prevent the withdrawal by the Borrower or any of its Significant Subsidiaries of its qualification as a foreign corporation in any jurisdiction where such withdrawal could not reasonably be expected to have a Material Adverse Effect; and PROVIDED FURTHER, that nothing in this Section 5.04 shall prevent the Borrower or any of its Significant Subsidiaries from failing to maintain or terminating any right, privilege or permit, if such failure or termination, is not in violation of or will not cause an Event of Default under, any provision of this Agreement and does not have a Material Adverse Effect.

Appears in 2 contracts

Samples: Credit Agreement (Foster Wheeler Corp), Credit Agreement (Foster Wheeler Corp)

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Preservation of Corporate Status. The Borrower shall, and shall cause each of its Significant Subsidiaries to, do, or cause to be done, all things necessary to preserve and keep in full force and effect its corporate existence and all permits, rights and privileges necessary for the proper conduct of its business; PROVIDEDprovided, HOWEVERhowever, that nothing in this Section 5.04 shall prevent the withdrawal by the Borrower or any of its Significant Subsidiaries of its qualification as a foreign corporation in any jurisdiction where such withdrawal could not reasonably be expected to have a Material Adverse Effectmaterial adverse effect on the business of such entity; and PROVIDED FURTHERprovided further, that nothing in this Section 5.04 shall prevent the Borrower or any of its Significant Subsidiaries from failing to maintain or terminating any right, privilege or permit, if such failure or terminationtermination is not disadvantageous in any material respect to the Lenders, is not in violation of or of, will not cause an Event of Default under, any provision of this Agreement and does not have a Material Adverse Effectmaterial adverse effect on the ability of the Borrower to perform its obligations hereunder.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Foster Wheeler Corp), Term Revolving Credit Agreement (Foster Wheeler Corp)

Preservation of Corporate Status. The Borrower shall, and shall cause each of its Significant Subsidiaries to, do, or cause to be done, all things necessary to preserve and keep in full force and effect its corporate existence and all permits, rights and privileges necessary for the proper conduct of its business; PROVIDEDprovided, HOWEVERhowever, that nothing in this Section 5.04 shall prevent the withdrawal by the Borrower or any of its Significant Subsidiaries of its qualification as a foreign corporation in any jurisdiction where such withdrawal could not reasonably be expected to have a Material Adverse Effect; and PROVIDED FURTHER, provided further,that nothing in this Section 5.04 shall prevent the Borrower or any of its Significant Subsidiaries from failing to maintain or terminating any right, privilege or permit, if such failure or termination, is not in violation of or will not cause an Event of Default under, any provision of this Agreement and does not have a Material Adverse Effect. Section 5.05.

Appears in 1 contract

Samples: Pledge Agreement Pledge Agreement (Foster Wheeler Corp)

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Preservation of Corporate Status. The Borrower shall, and shall cause each of its Significant Subsidiaries to, do, or cause to be done, all things necessary to preserve and keep in full force and effect its corporate existence and all permits, rights and privileges necessary for the proper conduct of its business; PROVIDEDprovided, HOWEVERhowever, that nothing in this Section 5.04 shall prevent the withdrawal by the Borrower or any of its Significant Subsidiaries of its qualification as a foreign corporation in any jurisdiction where such withdrawal could not reasonably be expected to have a Material Adverse Effect; and PROVIDED FURTHERprovided further, that nothing in this Section 5.04 shall prevent the Borrower or any of its Significant Subsidiaries from failing to maintain or terminating any right, privilege or permit, if such failure or termination, is not in violation of or will not cause an Event of Default under, any provision of this Agreement and does not have a Material Adverse Effect. Section 5.05.

Appears in 1 contract

Samples: Pledge Agreement (Foster Wheeler Corp)

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