Maintenance of Existence; Organizational Documents Sample Clauses

Maintenance of Existence; Organizational Documents. Borrower and Master Lessee shall each maintain its existence, its entity status, franchises, rights, and privileges under the laws of the state of its formation or organization (as applicable). Borrower and Master Lessee shall each continue to be duly qualified and in good standing to transact business in each jurisdiction in which qualification or standing is required according to applicable law to conduct its business with respect to the Mortgaged Property and where the failure to do so would adversely affect Borrower’s or Master Lessee’s applicable ownership or operation of the Mortgaged Property or the validity, enforceability or the ability of  Borrower to perform its obligations under this Loan Agreement, any other Loan Document or any Master Lease Documents, or  Master Lessee to perform its obligations under the Master Lease Documents or the Subordination Agreement (DST Master Lease). Neither Borrower nor any partner, member, manager, officer, or director of Borrower, nor Master Lessee nor any partner, member, manager, officer, or director of Master Lessee, shall: make or allow any material change to the organizational documents or organizational structure of Borrower or Master Lessee, including changes relating to the Control of Borrower or Master Lessee, unless such change or modification is made in connection with a Springing Transaction approved by Lender pursuant to Section 1.13(h) or in connection with the sale of non-Controlling beneficial interests in Borrower, or file any action, complaint, petition, or other claim to: divide, partition, or otherwise compel the sale of the Mortgaged Property, or otherwise change the Control of Borrower or Master Lessee. modify or amend, nor cause to be modified or amended, the DST Trust Agreement, except as otherwise permitted under the Loan Documents; and fail to comply with all applicable laws including securities laws and/or regulations that pertain to  Borrower’s formation, status and existence as a Delaware Statutory Trust, and  the solicitation, sale and/or offering of beneficial ownership interest in Borrower to investors. Economic Sanctions, Anti-Money Laundering, and Anti-Corruption. Borrower, Master Lessee, Guarantor, Key Principal, and any Person Controlling Borrower, Master Lessee, Guarantor, or Key Principal, or any Person Controlled by Borrower, Master Lessee, Guarantor, or Key Principal that also has a direct or indirect ownership interest in Borrower, Master Lessee, Guarantor, or...
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Maintenance of Existence; Organizational Documents. Borrower shall maintain its existence, its entity status, franchises, rights and privileges under the laws of the state of its formation or organization (as applicable). Borrower shall continue to be duly qualified and in good standing to transact business in each jurisdiction that qualification or standing is required according to applicable law to conduct its business with respect to the Mortgaged Property and where the failure to do so would adversely affect Borrower’s operation of the Mortgaged Property or the validity, enforceability or the ability of Borrower to perform its obligations under this Loan Agreement or any other Loan Document. Borrower shall not make any material change to its organizational documents, including changes relating to control of, or the ability to oversee management and day-to-day operations of, Borrower, without Lender’s prior written consent.
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Maintenance of Existence; Organizational Documents. During the entire time that this Agreement remains in full force and effect, (a) the Seller agrees that it (i) shall keep in effect its existence and rights as a limited partnership under the laws of the state of its formation and its right to transact business in the States in which it operates any Facility and (ii) shall cause the General Partner to keep in effect its existence and rights as a corporation under the laws of the state of its formation and its right to transact business in the States in which the Facilities are located if required by the laws of any such States and (b) the Buyer shall keep in effect its existence and rights as a corporation under the laws of the state of its formation.
Sample 1
Maintenance of Existence; Organizational Documents. Borrower shall maintain its existence, its entity status, franchises, rights and privileges under the laws of the state of its formation or organization (as applicable). Borrower shall continue to be duly qualified and in good standing to transact business in each jurisdiction that qualification or standing is required according to applicable law to conduct its business with respect to the Mortgaged Property and where the failure to do so would adversely affect Borrower’s operation of the Mortgaged Property or the validity, enforceability or the ability of Borrower to perform its obligations under this Loan Agreement or any other Loan Document. None of Borrower nor any partner, member, manager, officer or director of any Borrower shall make or allow any material change to the organizational documents or organizational structure of such Borrower, including changes relating to control of, or the ability to oversee management and day-to-day operations of, such Borrower, or file any action, complaint, petition, or other claim %4. to divide, partition or otherwise compel the sale of the Mortgaged Property, or %3. which would affect the control of, or the ability to oversee management and day-to-day operations of, such Borrower, without Lender’s prior written consent.
Sample 1
Maintenance of Existence; Organizational Documents. (1) Each of Borrower, its general partner, sole member, or managing member (as applicable), SPE Owner, Guarantor and Key Principal shall maintain its existence, its entity status, franchises, rights, and privileges under the laws of the state of its formation or organization (as applicable). Borrower shall continue to be duly qualified and in good standing to transact business in each jurisdiction in which qualification or standing is required according to Applicable Law to conduct its business with respect to its Mortgaged Property and where the failure to do so would adversely affect Borrower’s operation of its Mortgaged Property or the validity, enforceability, or the ability of Borrower to perform its obligations under this Master Agreement or any other Loan Document. Neither Borrower nor any partner, member, manager, officer, or director of Borrower shall:
Sample 1
Maintenance of Existence; Organizational Documents. (1) Each of Borrower, sole member of Borrower, managing member of Borrower, general partner of Borrower, Affiliated Property Operator, Guarantor and Key Principal shall maintain its existence, its entity status, franchises, rights, and privileges under the laws of the state of its formation or organization (as applicable). Borrower and Affiliated Property Operator shall each continue to be duly qualified and in good standing to transact business in each jurisdiction in which qualification or standing is required according to Applicable Law to conduct its business with respect to its Mortgaged Property and where the failure to do so would adversely affect Borrower’s or Affiliated Property Operator’s applicable ownership or operation of its Mortgaged Property or the validity, enforceability, or the ability of Borrower to perform its obligations under this Master Agreement or any other Loan Document, or Affiliated Property Operator to perform its obligations under the Facility Operating Agreement. Neither Borrower nor any partner, member, manager, officer, or director of Borrower, nor Affiliated Property Operator nor any partner, member, manager, officer, or director of Affiliated Property Operator, shall:
Sample 1

Related to Maintenance of Existence; Organizational Documents

  • Maintenance of Existence, etc Maintain and preserve, and (subject to Section 11.5) cause each other Loan Party to maintain and preserve, (a) its existence and good standing in the jurisdiction of its organization and (b) its qualification to do business and good standing in each jurisdiction where the nature of its business makes such qualification necessary (other than such jurisdictions in which the failure to be qualified or in good standing could not reasonably be expected to have a Material Adverse Effect).

  • Maintenance of Existence The Fund shall continue to maintain its existence as a business trust under the laws of the Commonwealth of Massachusetts, with full right and power to issue the New VMTP Shares and to execute, deliver and perform its obligations under this Agreement and each Related Document.

  • Maintenance of Existence; Compliance (a)(i) Preserve, renew and keep in full force and effect its organizational existence and (ii) take all reasonable action to maintain all rights, privileges and franchises necessary or desirable in the normal conduct of its business, except, in each case, as otherwise permitted by Section 7.4 and except, in the case of clause (ii) above, to the extent that failure to do so could not reasonably be expected to have a Material Adverse Effect; and (b) comply with all Contractual Obligations and Requirements of Law except to the extent that failure to comply therewith could not, in the aggregate, reasonably be expected to have a Material Adverse Effect.

  • Maintenance of Existence; Compliance with Laws, etc The Borrower will, and will cause each of its Subsidiaries to,

  • Maintenance of Existence and Properties Maintain its corporate existence and obtain and maintain all rights, privileges, licenses, approvals, franchises, properties and assets necessary or desirable in the normal conduct of its business.

  • Compliance with Organizational Documents The Seller shall comply with its limited liability company agreement and other organizational documents.

  • Organizational Existence Except as otherwise permitted by Section 3.6, each Credit Party will and will cause its Subsidiaries to at all times preserve and keep in full force and effect its organizational existence and all rights and franchises material to its business.

  • Organization, Existence and Good Standing Seller is a limited liability company duly formed, validly existing and in good standing under the laws of the State of Delaware. Seller has full power and authority to own all of its properties and assets and to carry on its business as it is now conducted.

  • Organization and Existence Such Investor is a validly existing corporation, limited partnership or limited liability company and has all requisite corporate, partnership or limited liability company power and authority to invest in the Securities pursuant to this Agreement.

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