Common use of Preservation of Existence Clause in Contracts

Preservation of Existence. The Collateral Agent 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 failure to preserve and maintain such existence, rights, franchises, privileges and qualification could reasonably be expected to have a Material Adverse Effect.

Appears in 64 contracts

Sources: Loan and Servicing Agreement (KKR Enhanced US Direct Lending Fund-L Inc.), Loan and Servicing Agreement (Diameter Credit Co), Loan and Servicing Agreement (HPS Corporate Lending Fund)

Preservation of Existence. The Collateral Agent 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 failure to preserve and maintain such existence, rights, franchises, privileges and qualification has had, or could reasonably be expected to have have, a Material Adverse Effect.

Appears in 34 contracts

Sources: Loan and Security Agreement (Kayne Anderson BDC, Inc.), Loan and Security Agreement (Palmer Square Capital BDC Inc.), Loan and Security Agreement (Kayne Anderson BDC, Inc.)

Preservation of Existence. The Collateral Agent will preserve and maintain its existence, rights, franchises and privileges in the jurisdiction of its formation formation, and qualify and remain qualified in good standing 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 have, a Material Adverse Effect.

Appears in 5 contracts

Sources: Loan and Servicing Agreement (Franklin BSP Capital Corp), Loan and Servicing Agreement (Franklin BSP Lending Corp), Loan and Servicing Agreement (North Haven Private Income Fund LLC)

Preservation of Existence. The Collateral Agent and Custodian 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 failure to preserve and maintain such existence, rights, franchises, privileges and qualification has had, or could reasonably be expected to have have, a Material Adverse Effect.

Appears in 3 contracts

Sources: Loan and Security Agreement (PennantPark Private Income Fund), Loan and Security Agreement (PennantPark Private Income Fund), Loan and Security Agreement (PennantPark Private Income Fund)

Preservation of Existence. The Collateral Custodian and Document Agent 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 failure to preserve and 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

Sources: Loan, Security and Collateral Management Agreement (Phillip Street Middle Market Lending Fund LLC), Loan, Security and Collateral Management Agreement (Phillip Street Middle Market Lending Fund LLC)

Preservation of Existence. (i) The Collateral Agent 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 failure to preserve and maintain such existence, rights, franchises, privileges and qualification has had, or could reasonably be expected to have have, a Material Adverse Effect.

Appears in 1 contract

Sources: Loan and Security Agreement (New Mountain Guardian IV BDC, L.L.C.)

Preservation of Existence. The Collateral Agent 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 unless the failure to preserve obtain and maintain such existence, rights, franchises, privileges and qualification foreign qualifications could not reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Sources: Loan and Security Agreement (FS Investment CORP)

Preservation of Existence. The Collateral Agent will preserve and maintain its existence, rights, franchises and privileges in the jurisdiction of its formation and qualify formation, and remain qualified in good standing 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 have, a Material Adverse Effect.

Appears in 1 contract

Sources: Facility Agreement (AB Private Credit Investors Corp)

Preservation of Existence. The Collateral Agent 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 failure to preserve and maintain such existence, rights, franchises, privileges and qualification could would reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Sources: Loan and Servicing Agreement (Owl Rock Capital Corp)