Common use of Conduct of Business and Maintenance of Existence Clause in Contracts

Conduct of Business and Maintenance of Existence. (a) Continue to engage in its principal line of business as now conducted by it, (b) preserve, renew and keep in full force and effect its corporate existence and (c) take all reasonable action to maintain all rights, privileges and franchises necessary or desirable in the normal conduct of its principal line of business, except, in any such case, as otherwise permitted pursuant to subsection 6.5 or to the extent that failure to do so would not have a Material Adverse Effect.

Appears in 6 contracts

Samples: 364 Day Competitive Advance and Revolving Credit Facility (Delphi Automotive Systems Corp), 364 Day Competitive Advance and Revolving Credit Facility (Delphi Corp), 364 Day Competitive Advance and Revolving Credit Facility (Delphi Corp)

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Conduct of Business and Maintenance of Existence. (a) Continue to engage in its principal line of business as now conducted by it, (b) preservePreserve, renew and keep in full force and effect its corporate existence and (c) take all reasonable action to maintain all corporate rights, privileges and franchises necessary or desirable in the normal conduct of its principal line of business, except, in any such case, except as otherwise permitted pursuant to subsection 6.5 or 9.3; comply with all Contractual Obligations and Requirements of Law except to the extent that failure to do so comply therewith would not not, in the aggregate, reasonably be expected to have a Material Adverse Effect.

Appears in 6 contracts

Samples: Credit Agreement (Grace W R & Co /Ny/), 364 Day Credit Agreement (Wr Grace & Co/De), Credit Agreement (W R Grace & Co)

Conduct of Business and Maintenance of Existence. (a) Continue to engage in its principal line business of business the same general type as now conducted by it, (b) it and preserve, renew and keep in full force and effect its corporate existence and (c) take all reasonable action to maintain all rights, privileges and franchises necessary or desirable in the normal conduct of its principal line of business, except, in any such case, business except as otherwise permitted pursuant to subsection 6.5 or Section 9.5; comply with all Contractual Obligations and Requirements of Law except to the extent that failure to do so would not comply therewith could not, in the aggregate, be reasonably expected to have a Material Adverse Effect.

Appears in 5 contracts

Samples: Credit Agreement (Merisel Inc /De/), Credit Agreement (Merisel Inc /De/), Credit Agreement (Merisel Inc /De/)

Conduct of Business and Maintenance of Existence. (a) Continue to ------------------------------------------------ engage in its principal line business of business the same general type as now conducted by it, (b) it and preserve, renew and keep in full force and effect its corporate existence and (c) take all reasonable action to maintain all rights, privileges privileges, trademarks, trade names, licenses, franchises and franchises other authorizations necessary or desirable in the normal conduct of its principal line business; comply with all Contractual Obligations and Requirements of business, except, in any such case, as otherwise permitted pursuant to subsection 6.5 or Law except to the extent that failure to do so would comply therewith could not have reasonably be expected to have, in the aggregate, a Material Adverse Effect.

Appears in 5 contracts

Samples: Credit Agreement (Dover Downs Entertainment Inc), Credit Agreement (Dover Downs Gaming & Entertainment Inc), Credit Agreement (Dover Downs Entertainment Inc)

Conduct of Business and Maintenance of Existence. (a) Continue to engage in its principal line of business as now conducted by it, (b) preservePreserve, renew and keep in full force and effect its corporate existence and (c) take all reasonable action necessary to maintain all rights, privileges and franchises necessary or desirable in the normal conduct of its principal line business; comply with all Contractual Obligations and Requirements of business, except, in any such case, as otherwise permitted pursuant to subsection 6.5 or Law except to the extent that failure to do so would not comply therewith could not, in the aggregate, have a Material Adverse Effect.

Appears in 4 contracts

Samples: Credit Agreement (Cogentrix Energy Inc), Credit Agreement (Cogentrix Delaware Holdings Inc), Credit Agreement (Cogentrix Energy Inc)

Conduct of Business and Maintenance of Existence. (a) Continue to engage in its principal line business of business the same general type as now conducted by it, (b) it and preserve, renew and keep in full force and effect its corporate existence and (c) take all reasonable action to maintain all rights, privileges and franchises necessary or desirable in the normal conduct of its principal line of business, except, in any such case, business except as otherwise permitted pursuant to subsection 6.5 or Section 11.5; comply with all Contractual Obligations and Requirements of Law except to the extent that failure to do so comply therewith would not not, in the aggregate, reasonably be expected to have a Material Adverse Effect.

Appears in 4 contracts

Samples: Guarantee (Hanover Compressor Co /), Guarantee (Hanover Compressor Co), Guarantee (Hanover Compressor Co)

Conduct of Business and Maintenance of Existence. (a) Continue to engage in its principal line business of business the same general type as now conducted by it, (b) it and preserve, renew and keep in full force and effect its corporate existence and (c) take all reasonable action to maintain all rights, privileges and franchises necessary or desirable in the normal conduct of its principal line business; comply with all Contractual Obligations and Requirements of business, except, in any such case, as otherwise permitted pursuant to subsection 6.5 or Law except to the extent that failure to do so would not comply therewith could not, in the aggregate, reasonably be expected to have a Material Adverse Effect.

Appears in 4 contracts

Samples: Quarterly Report, Credit Agreement (El Paso Energy Partners Lp), Credit Agreement (El Paso Energy Partners Lp)

Conduct of Business and Maintenance of Existence. (a) Continue to engage in its principal line business of business the same general type as now conducted by it, (b) it and preserve, renew and keep in full force and effect its corporate existence and (c) take all reasonable action to maintain all rights, privileges and franchises necessary or desirable in the normal conduct of its principal line of business, except, in any such case, business except as otherwise permitted pursuant to subsection 6.5 or Section 10.5; comply with all Contractual Obligations and Requirements of Law except to the extent that failure to do so would not comply therewith could not, in the aggregate, have a Material Adverse Effect.

Appears in 4 contracts

Samples: Credit Agreement (Laidlaw Environmental Services Inc), Credit Agreement (Denali Inc), Credit Agreement (Safety Kleen Corp/)

Conduct of Business and Maintenance of Existence. (a) Continue to engage in its principal line business of business the same general type as now conducted by it, (b) it and preserve, renew and keep in full force and effect its corporate existence and (c) take all reasonable action to maintain all rights, privileges and franchises necessary or desirable in material to the normal conduct of its principal line of business, except, in any such case, business except as otherwise permitted pursuant to subsection 6.5 or 6.5; and (b) comply with all Contractual Obligations and Requirements of Law except to the extent that failure to do so would not comply therewith could not, in the aggregate, be reasonably expected to have a Material Adverse Effect.

Appears in 4 contracts

Samples: Acquisition Loan Agreement (Infocrossing Inc), Term Loan Agreement (Infocrossing Inc), Term Loan Agreement (Sandler Capital Management)

Conduct of Business and Maintenance of Existence. (a) Continue to engage in its principal line business of business the same general type as now conducted by it, (b) it and preserve, renew and keep in full force and effect its corporate existence and (c) take all reasonable action to maintain all rights, privileges and franchises necessary or desirable in the normal conduct of its principal line of business, except, in any such case, business except as otherwise permitted pursuant to subsection 6.5 or Section 7.4; comply with all Contractual Obligations and Requirements of Law except to the extent that failure to do so would not comply therewith is not, in the aggregate, reasonably expected to have a Material Adverse Effect.

Appears in 3 contracts

Samples: Credit Agreement (Global Signal Inc), Acquisition Credit Agreement (Global Signal Inc), Credit Agreement (Global Signal Inc)

Conduct of Business and Maintenance of Existence. (a) Continue to engage in its principal line business of business the same general type as now conducted by it, (b) it and preserve, renew and keep in full force and effect its corporate existence and (c) take all reasonable action to maintain all rights, privileges privileges, trademarks, trade names, licenses, franchises and franchises other authorizations necessary or desirable in the normal conduct of its principal line business; comply with all Contractual Obligations and Requirements of business, except, in any such case, as otherwise permitted pursuant to subsection 6.5 or Law except to the extent that failure to do so would comply therewith could not have reasonably be expected to have, in the aggregate, a Material Adverse Effect.

Appears in 3 contracts

Samples: Credit Agreement (Dover Downs Entertainment Inc), Credit Agreement (Dover Downs Entertainment Inc), Credit Agreement (Dover Downs Entertainment Inc)

Conduct of Business and Maintenance of Existence. (a) Continue to engage in its principal line of business as now conducted by it, (b) preserve, renew and keep in full force and effect its corporate existence and (c) take all reasonable action to maintain all rights, privileges and franchises necessary or desirable in the normal conduct of its principal line of business, except, in any such case, as otherwise permitted pursuant to subsection 6.5 7.5 or to the extent that failure to do so would not have a Material Adverse Effect.

Appears in 3 contracts

Samples: Competitive Advance and Revolving Credit Facility (Delphi Automotive Systems Corp), Competitive Advance and Revolving Credit Facility (Delphi Automotive Systems Corp), Competitive Advance and Revolving Credit Facility (Delphi Corp)

Conduct of Business and Maintenance of Existence. (a) Continue to engage in its principal line business of business the same general type as now conducted by it, (b) it and preserve, renew and keep in full force and effect its corporate existence and (c) take all reasonable action to maintain all rights, privileges and franchises necessary or desirable in the normal conduct of its principal line of business, except, in any such case, business except as otherwise permitted pursuant to subsection 6.5 or 11.4; comply with all Contractual Obligations and Requirements of Law except to the extent that failure to do so would not comply therewith could not, in the aggregate, reasonably be expected to have a Material Adverse Effect.

Appears in 3 contracts

Samples: Credit Agreement (Arrow Electronics Inc), Credit Agreement (Arrow Electronics Inc), Credit Agreement (Arrow Electronics Inc)

Conduct of Business and Maintenance of Existence. (a) Continue to engage in its principal line business of business the same general type as now conducted by it, (b) it and preserve, renew and keep in full force and effect its corporate existence and (c) take all reasonable action to maintain all rights, privileges and franchises necessary or desirable in the normal conduct of its principal line of business, except, in any such case, business except as otherwise permitted pursuant to subsection 6.5 or 8.5; comply with all Contractual Obligations and Requirements of Law except to the extent that failure to do so comply therewith would not not, in the aggregate, reasonably be expected to have a Material Adverse Effect.

Appears in 3 contracts

Samples: Credit Agreement (Hanover Compressor Co), Credit Agreement (Hanover Compressor Co /), Credit Agreement (Hanover Compressor Co)

Conduct of Business and Maintenance of Existence. (a) Continue to engage in its principal line of business as now conducted by it, (b) it and preserve, renew and keep in full force and effect its corporate existence and (c) take all reasonable action to maintain all rights, privileges and franchises necessary or desirable in the normal conduct of its principal line of business, except, in any such case, business except as otherwise permitted pursuant to subsection 6.5 6.2 or to the extent that failure to do so would not have a Material Adverse Effect.

Appears in 3 contracts

Samples: Bridge Loan Agreement (Capmark Finance Inc.), Credit Agreement (Capmark Finance Inc.), Credit Agreement (Capmark Financial Group Inc.)

Conduct of Business and Maintenance of Existence. (a) Continue to engage in its principal line of business as now conducted by it, (b) preservePreserve, renew and keep in full force and effect its company, corporate or partnership existence and (c) take all reasonable action to maintain all rights, privileges and franchises necessary or desirable in the normal conduct of its principal line business; comply with all Contractual Obligations and Requirements of business, except, in any such case, as otherwise permitted pursuant Law applicable to subsection 6.5 or it except to the extent that failure to do so comply therewith would not not, in the aggregate, have a Material Adverse Effect.

Appears in 3 contracts

Samples: Credit Agreement (Official Information Co), Credit Agreement (Penton Media Inc), Credit Agreement (Farm Journal Corp)

Conduct of Business and Maintenance of Existence. (a) Continue to engage in its principal line business of business the same general type as now conducted by it, (b) it and preserve, renew and keep in full force and effect its corporate existence and (c) take all reasonable action to maintain all material rights, privileges and franchises necessary or desirable in the normal conduct of its principal line of business, except, in any such case, business except as otherwise permitted pursuant to subsection 6.5 or Section 8.5; comply with all Contractual Obligations and Requirements of Law except to the extent that failure to do so comply therewith would not not, in the aggregate, reasonably be expected to have a Material Adverse Effect.

Appears in 3 contracts

Samples: Credit Agreement (Hanover Compressor Co /), Credit Agreement (Hanover Compressor Co /), Credit Agreement (Hanover Compressor Co /)

Conduct of Business and Maintenance of Existence. (a) Continue to engage in its principal line business of business the same general type as now conducted by it, (b) it and preserve, renew and keep in full force and effect its corporate existence and (c) take all reasonable action to maintain all rights, privileges and franchises necessary or desirable in the normal conduct of its principal line business; and comply with all of business, except, in any such case, as otherwise permitted pursuant to subsection 6.5 or its contractual obligations and all Laws except to the extent that failure to do so would not comply therewith could not, in the aggregate, be reasonably expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Credit Agreement (Acadia Realty Trust), Credit Agreement (Acadia Realty Trust)

Conduct of Business and Maintenance of Existence. (a) Continue to engage in its principal line business of business the same general type as now conducted by it, (b) it and preserve, renew and keep in full force and effect its corporate existence and (c) take all reasonable action to maintain all rights, privileges and franchises necessary or desirable in the normal conduct of its principal line of business, except, in any such case, business except as otherwise permitted pursuant to subsection 6.5 or 7.4; comply with all Contractual Obligations and Requirements of Law except to the extent that failure to do so would not comply therewith could not, in the aggregate, be reasonably expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Credit Agreement (Apogent Technologies Inc), Credit Agreement (Sybron International Corp)

Conduct of Business and Maintenance of Existence. (a) Continue to engage in its principal line business of business the same general type as now conducted by it, (b) it and preserve, renew and keep in full force and effect its corporate existence and (c) take all reasonable action to maintain all rights, privileges and franchises necessary or desirable in the normal conduct of its principal line of business, except, in any such case, business except as otherwise permitted pursuant to subsection 6.5 or Section 10.5; comply with all Contractual Obligations and Requirements of Law except to the extent that failure to do so would not comply therewith could not, in the aggregate, reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Credit Agreement (Armor Holdings Inc), Credit Agreement (Armor Holdings Inc)

Conduct of Business and Maintenance of Existence. (a) Continue to engage in its principal line business of business the same general type as now conducted by itit on the date hereof and similar or related businesses with, (b) and preserve, renew and keep in full force and effect its corporate existence and (c) take all reasonable action to maintain all rights, privileges privileges, licenses and franchises necessary or desirable in the normal conduct of its principal line business; comply with all Contractual Obligations and Requirements of business, except, in any such case, as otherwise permitted pursuant Law applicable to subsection 6.5 or it except to the extent that failure to do so comply therewith would not not, in the aggregate, have a Material Adverse Effect.

Appears in 2 contracts

Samples: Credit Agreement (Just for Feet Inc), Credit Agreement (Navigant International Inc)

Conduct of Business and Maintenance of Existence. (a) Continue to engage in its principal line business of business the same general type as now conducted by it, (b) it and preserve, renew and keep in full force and effect its corporate existence and (c) take all reasonable action to maintain all rights, privileges and franchises necessary or desirable in the normal conduct of its principal line of business, except, in any such case, business except as otherwise permitted pursuant to subsection 6.5 or Section 7.2; comply with all Contractual Obligations and Requirements of Law except to the extent that failure to do so would not comply therewith could not, in the aggregate, be reasonably expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Credit Agreement (Amerco /Nv/), Credit Agreement (U Haul International Inc)

Conduct of Business and Maintenance of Existence. (a) Continue to engage ------------------------------------------------ in its principal line business of business the same general type as now conducted by it, (b) it and preserve, renew and keep in full force and effect its corporate existence and (c) take all reasonable action to maintain all rights, privileges and franchises necessary or desirable in the normal conduct of its principal line business; and comply with all Contractual Obligations and Requirements of business, except, in any such case, as otherwise permitted pursuant to subsection 6.5 or Law except to the extent that failure to do so would not comply therewith could not, in the aggregate, be reasonably expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Loan Agreement (Constellation 3d Inc), Loan Agreement (Constellation 3d Inc)

Conduct of Business and Maintenance of Existence. (a) Continue Except as permitted by subsection 6.4, continue to engage in its principal line the Business of business as now conducted by itthe Company, (b) and preserve, renew and keep in full force and effect its corporate existence and (c) take all reasonable action to maintain all rights, privileges and franchises necessary or desirable in the normal conduct of its principal line business; and comply with all Contractual Obligations and Requirements of businessLaw including, exceptwithout limitation, in any such case, as otherwise permitted pursuant to subsection 6.5 or ERISA and all Environmental Laws and Regulations except to the extent that the failure to do so comply therewith would not not, in the aggregate, have a Material Adverse Effect.

Appears in 2 contracts

Samples: Credit Agreement (Nortek Inc), Credit Agreement (Nortek Inc)

Conduct of Business and Maintenance of Existence. (a) Continue to engage Engage in its principal line ------------------------------------------------ business of business the same general type as now conducted by itthe Company, (b) and preserve, renew and keep in full force and effect its corporate partnership existence and (c) take all reasonable action to maintain all rights, privileges and franchises necessary or desirable in the normal conduct of its principal line business; comply with all Contractual Obligations and Requirements of business, except, in any such case, as otherwise permitted pursuant to subsection 6.5 or Law except to the extent that the failure to do so comply therewith would not not, in the aggregate, have a Material Adverse Effectmaterial adverse effect on the business, operations, property or financial or other condition of the Company.

Appears in 2 contracts

Samples: Credit Agreement (Capital Automotive Reit), Credit Agreement (Capital Automotive Reit)

Conduct of Business and Maintenance of Existence. (a) Continue to engage in its principal line business of business the same general type as now conducted by it, (b) it and preserve, renew and keep in full force and effect its corporate existence and (c) take all reasonable action to maintain all rights, privileges and franchises necessary or desirable in the normal conduct of its principal line of business, except, in any such case, business except as otherwise permitted pursuant to subsection 6.5 or 12.4; comply with all Contractual Obligations and Requirements of Law except to the extent that failure to do so would not comply therewith could not, in the aggregate, reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Five Year Credit Agreement (Arrow Electronics Inc), Credit Agreement (Arrow Electronics Inc)

Conduct of Business and Maintenance of Existence. (a) Continue to engage in its principal line business of business the same general type as now conducted by it, (b) and preserve, renew and keep in full force and effect its corporate existence and (c) take all reasonable action to maintain all rights, privileges and franchises necessary or desirable in the normal conduct of its principal line business; comply with all Contractual Obligations and Requirements of business, except, in any such case, as otherwise permitted pursuant to subsection 6.5 or Law except to the extent that the failure to do so would not comply therewith could not, in the aggregate, have a Material Adverse Effectmaterial adverse effect on the business, operations, property or financial or other condition of Borrower.

Appears in 2 contracts

Samples: Loan Agreement (Helen of Troy LTD), Loan Agreement (Helen of Troy LTD)

Conduct of Business and Maintenance of Existence. (a) Continue to engage in its principal line business of business the same general type as now conducted by it, (b) it and preserve, renew and keep in full force and effect its corporate existence and (c) take all reasonable action to maintain all rights, privileges and franchises necessary or desirable in the normal conduct of its principal line of business, except, in any such case, business except as otherwise permitted pursuant to subsection 6.5 or 6.5; comply with all Contractual Obligations and Requirements of Law except to the extent that failure to do so would not comply therewith could not, in the aggregate, be reasonably expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Credit Agreement (Brown Tom Inc /De), Credit Agreement (Brown Tom Inc /De)

Conduct of Business and Maintenance of Existence. (a) Continue to engage in its principal line business of business the same general type as now conducted by it, (b) it and preserve, renew and keep in full force and effect its corporate existence and (c) take all reasonable action to maintain all rights, privileges and franchises necessary or desirable in the normal conduct of its principal line of business, except, in any such case, business except as otherwise permitted pursuant to subsection 6.5 or 6.9; and comply with all Contractual Obligations and Requirements of Law except to the extent that failure to do so would not comply therewith could not, in the aggregate, be reasonably expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Mastercard Inc)

Conduct of Business and Maintenance of Existence. (a) Continue to ------------------------------------------------ engage in its principal line business of business the same general type as now conducted by it, (b) it and preserve, renew and keep in full force and effect its corporate existence and (c) take all reasonable action to maintain all rights, privileges and franchises necessary or desirable in the normal conduct of its principal line of business, except, in any such case, business except as otherwise permitted pursuant to subsection 6.5 or 8.5; comply with all Contractual Obligations and Requirements of Law except to the extent that failure to do so comply therewith would not not, in the aggregate, reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Hanover Compressor Co /)

Conduct of Business and Maintenance of Existence. (a) Continue to engage in its principal line business of business the same general type as now conducted by it, (b) it and preserve, renew and keep in full force and effect its corporate existence and (c) take all reasonable action to maintain all rights, privileges and franchises necessary or desirable in the normal conduct of its principal line of business, except, in any such case, business except as otherwise permitted pursuant to subsection 6.5 or 10.5; and comply with all Contractual Obligations and Requirements of Law except to the extent that failure to do so would not comply therewith could not, in the aggregate, have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Audiovox Corp)

Conduct of Business and Maintenance of Existence. (a) Continue to engage in its principal line business of business the same general type as now conducted by it, (b) it and preserve, renew and keep in full force and effect its corporate existence and (c) take all reasonable action to maintain all rights, privileges and franchises necessary or desirable in the normal conduct of its principal line of business, except, in any such case, business except as otherwise permitted pursuant to subsection 6.5 or Section 13.5; comply with all Contractual Obligations and Requirements of Law except to the extent that failure to do so would not comply therewith could not, in the aggregate, be reasonably expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Master Repurchase Agreement (LNR Property Corp)

Conduct of Business and Maintenance of Existence. (a) Continue to engage in its principal line business of business the same general type as now conducted by it, (b) it and preserve, renew and keep in full force and effect its corporate existence and (c) take all reasonable action to maintain all rights, privileges and franchises necessary or desirable in the normal conduct of its principal line business; and comply with all Contractual Obligations and Requirements of business, except, in any such case, as otherwise permitted pursuant to subsection 6.5 or Law except to the extent that failure to do so would not comply therewith could not, in the aggregate, reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Revolving Credit and Guarantee Agreement (Case Corp)

Conduct of Business and Maintenance of Existence. (a) Continue to engage in its principal line business of business the same general type as now conducted by it, (b) it and preserve, renew and keep in full force and effect its corporate existence and (c) take all reasonable action to maintain all rights, privileges and franchises necessary or desirable in the normal conduct of its principal line of business, except, in any such case, except as otherwise permitted pursuant to subsection 6.5 or 6.5; and comply with all Contractual Obligations and Requirements of Law, except to the extent that failure to do so would not comply therewith could not, individually or in the aggregate, have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Hallwood Group Inc)

Conduct of Business and Maintenance of Existence. (a) Continue ------------------------------------------------ to engage in its principal line business of business the same general type as now conducted by it, (b) it and preserve, renew and keep in full force and effect its corporate existence and (c) take all reasonable action actions to maintain all rights, privileges and franchises necessary or desirable in the normal conduct of its principal line of business, except, in any such case, as otherwise permitted pursuant to subsection 6.5 or to business except where the extent that failure to do so would preserve and maintain such existence, rights, franchises, privileges and qualification could not reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Raytheon Co/)

Conduct of Business and Maintenance of Existence. (a) Continue to engage in its principal line business of business the same general type as now conducted by it, (b) it and preserve, renew and keep in full force and effect its corporate existence and (c) take all reasonable action to maintain all rights, privileges and franchises necessary or desirable in the normal conduct of its principal line of business, except, in any such case, business except as otherwise permitted pursuant to subsection 6.5 or Section 10.5; comply with all Contractual Obligations and Requirements of Law except to the extent that failure to do so would not comply therewith could not, in the aggregate, be reasonably expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Diversified Food Group Inc)

Conduct of Business and Maintenance of Existence. (a) Continue to ------------------------------------------------ engage in its principal line business of business the same general type as now conducted by it, (b) it and preserve, renew and keep in full force and effect its corporate existence and (c) take all reasonable action to maintain all rights, privileges and franchises necessary or desirable in the normal conduct of its principal line of business, except, in any such case, business except as otherwise permitted pursuant to subsection 6.5 or 8.5; comply with all Contractual Obligations and Requirements of Law except to the extent that failure to do so would not comply therewith could not, in the aggregate, be reasonably expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Zhone Technologies Inc)

Conduct of Business and Maintenance of Existence. (a) Continue to engage in its principal line business of business the same general type as now conducted by it, (b) it and preserve, renew and keep in full force and effect its corporate existence and (c) take all reasonable action to maintain all rights, privileges and franchises necessary or desirable in the normal conduct of its principal line of business, except, in any such case, business except as otherwise permitted pursuant to subsection 6.5 or Section 7.5; comply with all Contractual Obligations and Requirements of Law except to the extent that failure to do so would not comply therewith could not, in the aggregate, have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (International Airline Support Group Inc)

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Conduct of Business and Maintenance of Existence. (a) Continue Except as provided in subsection 13.5, continue to engage in its principal line business of business the same general type as now conducted by it, (b) it and preserve, renew and keep in full force and effect its corporate existence and (c) take all reasonable action to maintain all rights, privileges and franchises necessary or desirable in the normal conduct of its principal line of business, except, in business except for any such case, as otherwise permitted pursuant to subsection 6.5 or to the extent that failure to do so would preserve and maintain such privileges, rights or franchises that could not reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Viasystems Group Inc)

Conduct of Business and Maintenance of Existence. (a) Continue to engage in its principal line business of business the same general type as now conducted by it, (b) it and preserve, renew and keep in full force and effect its corporate existence and (c) take all reasonable action to maintain all rights, privileges and franchises necessary or desirable in the normal conduct of its principal line of business, except, in any such case, business except as otherwise permitted pursuant to subsection 6.5 or 9.4; comply with all Contractual Obligations and Requirements of Law except to the extent that failure to do so would comply therewith could not be reasonably expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Harman International Industries Inc /De/)

Conduct of Business and Maintenance of Existence. (a) Continue to engage in its principal line business of business the same general type as now conducted by it, (b) it and preserve, renew and keep in full force and effect its corporate existence and (c) take all reasonable action to maintain all rights, privileges and franchises necessary or desirable in the normal conduct of its principal line of business, except, in any such case, business except as otherwise permitted pursuant to subsection 6.5 or 8.5; comply with all Contractual Obligations and Requirements of Law except to the extent that failure to do so would not comply therewith could not, in the aggregate, be reasonably expected to have a Material Adverse Effect.. 82 76

Appears in 1 contract

Samples: Credit Agreement (Outdoor Systems Inc)

Conduct of Business and Maintenance of Existence. (a) Continue to engage in its principal line business of business the same general type as now conducted by it, (b) it and preserve, renew and keep in full force and effect its corporate existence and (c) take all reasonable action to maintain all rights, privileges and franchises necessary or desirable in the normal conduct of its principal line of business, except, in any such case, business except as otherwise permitted pursuant to subsection 6.5 or 8.4; comply with all Contractual Obligations and Requirements of Law except to the extent that failure to do so would not comply therewith could not, in the aggregate, reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Arrow Electronics Inc)

Conduct of Business and Maintenance of Existence. (a) Continue to engage in its principal line business of business the same general type as now conducted by it, (b) it and preserve, renew and keep in full force and effect its corporate existence and (c) take all reasonable action to maintain all rights, privileges and franchises necessary or desirable in the normal conduct of its principal line of business, except, in any such case, business except as otherwise permitted pursuant to subsection 6.5 or the terms of the Principal Credit Agreement; comply with all Contractual Obligations and Requirements of Law except to the extent that failure to do so would comply therewith could not be reasonably expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Harman International Industries Inc /De/)

Conduct of Business and Maintenance of Existence. (a) Continue to engage in its principal line business of business the same general type as now conducted by it, (b) it and preserve, renew and keep in full force and effect its corporate existence and (c) take all reasonable action to maintain all rights, privileges and franchises necessary or desirable in the normal conduct of its principal line of business, except, in any such case, business except as otherwise permitted pursuant to subsection 6.5 or Section 7.5; comply with all Contractual Obligations and Requirements of Law except to the extent that failure to do so would not comply therewith could not, in the aggregate, have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Public Storage Properties LTD)

Conduct of Business and Maintenance of Existence. (a) Continue to engage ------------------------------------------------ in its principal line business of business the same general type as now conducted by it, (b) it and preserve, renew and keep in full force and effect its corporate existence and (c) take all reasonable action to maintain all rights, privileges and franchises necessary or desirable in the normal conduct of its principal line of business, except, in any such case, except as otherwise permitted pursuant to subsection 6.5 or 7.5, and comply with all Contractual Obligations and Requirements of Law except to the extent that failure to do so would not comply therewith could not, in the aggregate, have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Dairy Mart Convenience Stores Inc)

Conduct of Business and Maintenance of Existence. (a) Continue to engage in its principal line business of business the same general type as now conducted by it, (b) it on the date hereof and preserve, renew and keep in full force and effect its corporate existence and (c) take all reasonable action to maintain all material rights, privileges privileges, licenses and franchises necessary or desirable in the normal conduct of its principal line business; and comply with all Contractual Obligations and Requirements of business, except, in any such case, as otherwise permitted pursuant Law applicable to subsection 6.5 or it except to the extent that failure to do so comply therewith would not not, in the aggregate, have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Fritz Companies Inc)

Conduct of Business and Maintenance of Existence. (a) Continue to engage in its principal line business of business the same general type as now conducted by it, (b) and preserve, renew and keep in full force and effect its corporate existence and (c) take all reasonable action to maintain all rights, privileges and franchises necessary or desirable in the normal conduct of its principal line of business, except, in any such case, except as otherwise permitted pursuant to by subsection 6.5 or 9.4; and comply with all applicable Requirements of Law, except to the extent that the failure to do so comply therewith would not have a Material Adverse Effectmaterial adverse effect on the business, operations, property, assets or financial condition of the Credit Parties taken as a whole.

Appears in 1 contract

Samples: Credit Agreement (Catherines Stores Corp)

Conduct of Business and Maintenance of Existence. (a) Continue to engage in its principal line business of business the same type as now conducted by it, (b) permitted hereunder as of the date hereof and preserve, renew and keep in full force and effect its corporate existence and (c) take all reasonable action to maintain all rights, privileges and franchises necessary or desirable in the normal conduct of its principal line business; and comply with all Contractual Obligations and Requirements of businessLaw applicable to it, except, in any except where such case, as otherwise permitted pursuant to subsection 6.5 or to the extent that failure to do so engage, preserve, renew, keep and take would not have a Material Adverse EffectEffect with respect to the Borrower.

Appears in 1 contract

Samples: Loan and Security Agreement (Essex International Inc /)

Conduct of Business and Maintenance of Existence. (a) Continue to ------------------------------------------------------- engage in its principal line business of business the same general type as now conducted by it, (b) it and preserve, renew and keep in full force and effect its corporate existence and (c) take all reasonable action to maintain all rights, privileges and franchises necessary or desirable in the normal conduct of its principal line of business, except, in any such case, business except as otherwise permitted pursuant to subsection 6.5 or Section 11.5; comply with all Contractual Obligations and Requirements of Law except to the extent that failure to do so comply therewith would not not, in the aggregate, reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Guarantee (Hanover Compressor Co /)

Conduct of Business and Maintenance of Existence. (a) Continue to engage in its principal line of business as now conducted by it, (b) preservePreserve, renew and keep in full force and effect its limited liability company, corporate or partnership existence and (c) take all reasonable action to maintain all material rights, privileges and franchises necessary or desirable in the normal conduct of its principal line of business, except, in any such case, business except as otherwise permitted pursuant hereunder; and comply with all Contractual Obligations and Requirements of Law, except such failures to subsection 6.5 or comply therewith which would not, in the aggregate, reasonably be expected to the extent that failure to do so would not have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Green Plains Renewable Energy, Inc.)

Conduct of Business and Maintenance of Existence. (a) Continue to engage in its principal line of business as now conducted by it, (b) preservePreserve, renew and keep in full force and effect its corporate existence and (c) take all reasonable action to maintain all rights, privileges and franchises necessary or desirable in the normal conduct of its principal line of business, except, in any such case, business except as otherwise permitted pursuant to subsection 6.5 Section 6.2 or to the extent that failure to do so would not have a Material Adverse Effect.

Appears in 1 contract

Samples: Revolving Credit Facility (Residential Funding Corp)

Conduct of Business and Maintenance of Existence. (a) Continue to engage in its principal line business of business the same general type as now conducted by it, (b) and preserve, renew and keep in full force and effect its corporate existence and (c) take all reasonable action to maintain all rights, privileges and franchises necessary or desirable in the normal conduct of its principal line business; and comply with all Contractual Obligations and Requirements of business, except, in any such case, as otherwise permitted pursuant to subsection 6.5 or Law except to the extent that the failure to do so would comply therewith could not have a Material Adverse Effectmaterial adverse effect upon the business, operations, assets, Property, prospects or financial condition of the Company and its Subsidiaries taken as a whole.

Appears in 1 contract

Samples: Revolving Credit Agreement (Quad/Graphics, Inc.)

Conduct of Business and Maintenance of Existence. (a) Continue to engage in its principal line business of business the same general type as now conducted by it, (b) it and preserve, renew and keep in full force and effect its corporate existence and (c) take all reasonable action to maintain all rights, privileges and franchises necessary or desirable in the normal conduct of its principal line of business, except, in any such case, business except as otherwise permitted pursuant to subsection 6.5 or Section 5.5; comply with all Contractual Obligations and Requirements of Law except to the extent that failure to do so would not comply therewith could not, in the aggregate, be reasonably expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Revolving Credit Agreement (Friede Goldman International Inc)

Conduct of Business and Maintenance of Existence. (a) Continue to engage in its principal line business of business the same general type as now conducted by it, (b) it and preserve, renew and keep in full force and effect its corporate existence and (c) take all reasonable action to maintain all rights, privileges and franchises necessary or desirable in the normal conduct of its principal line business; and comply with all Contractual Obligations and Requirements of business, except, in any such case, as otherwise permitted pursuant to subsection 6.5 or Law except to the extent that failure to do so would not comply therewith could not, individually or in the aggregate, have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (City National Bancshares Corp)

Conduct of Business and Maintenance of Existence. (a) Continue to engage in its principal line of business Except as now conducted permitted by itthis Agreement, (b) preserve, renew and keep in full force and effect its corporate existence and (c) entity existence; take all reasonable action to maintain all rights, privileges and franchises necessary or desirable in material to the normal conduct Business; comply with all Contractual Obligations and Requirements of its principal line of business, except, in any such case, as otherwise permitted pursuant to subsection 6.5 or Law except to the extent that failure to do so would not comply therewith could not, in the aggregate, reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Gulfterra Energy Partners L P)

Conduct of Business and Maintenance of Existence. (a) Continue to engage in its principal line business of business the same general type as now conducted by it, (b) it and preserve, renew and keep in full force and effect its corporate existence and (c) take all reasonable action to maintain all rights, privileges and franchises necessary or desirable in the normal conduct of its principal line of business, except, in any such case, business except as otherwise permitted pursuant to subsection 6.5 or Section 7.5; comply with all Contractual Obligations and Requirements of Law except to the extent that failure to do so would not comply therewith could not, in the aggregate, be reasonably expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Transtexas Gas Corp)

Conduct of Business and Maintenance of Existence. (a) Continue to engage in its principal line of business as now conducted by it, (b) it and preserve, renew and keep in full force and effect its corporate existence and (c) take all reasonable action to maintain all rights, privileges and franchises necessary or desirable in the normal conduct of its principal line of business, except, in any such case, business except as otherwise permitted pursuant to subsection 6.5 Section 6.01 or to the extent that failure to do so would not have a Material Adverse Effect.

Appears in 1 contract

Samples: 364 Day Revolving Credit Agreement (General Motors Corp)

Conduct of Business and Maintenance of Existence. (a) Continue to engage in its principal line of business as now conducted by it, (b) preservePreserve, renew ------------------------------------------------ and keep in full force and effect its company, corporate or partnership existence and (c) take all reasonable action to maintain all rights, privileges and franchises necessary or desirable in the normal conduct of its principal line business; comply with all Contractual Obligations and Requirements of business, except, in any such case, as otherwise permitted pursuant Law applicable to subsection 6.5 or it except to the extent that failure to do so comply therewith would not not, in the aggregate, have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (T Sf Communications Corp)

Conduct of Business and Maintenance of Existence. (a) Continue to engage in its principal line business of business the same general type as now conducted by it, (b) it and preserve, renew and keep in full force and effect its corporate existence and (c) take all reasonable action to maintain all rights, privileges and franchises necessary or desirable in the normal conduct of its principal line of business, except, in any such case, business except as otherwise permitted pursuant to subsection 6.5 or Section 13.4; comply with all Contractual Obligations and Requirements of Law except to the extent that failure to do so would not comply therewith could not, in the aggregate, be reasonably expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Master Repurchase Agreement (LNR Property Corp)

Conduct of Business and Maintenance of Existence. (a) Continue to engage in its principal line business of business the same general type as now conducted by it, (b) it and preserve, renew and keep in full force and effect its corporate existence and (c) take all reasonable action to maintain all rights, privileges and franchises necessary or desirable in the normal conduct of its principal line of business, except, in any such case, business except as otherwise permitted pursuant to subsection 6.5 or Section 8.5 and 8.6; comply with all Requirements of Law except to the extent that failure to do so would not comply therewith could not, in the aggregate, have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Safety Kleen Corp/)

Conduct of Business and Maintenance of Existence. (a) Continue to engage in its principal line business of business the same general type as now conducted by it, (b) it on the date hereof and preserve, renew and keep in full force and effect its corporate existence and (c) take all reasonable action to maintain all rights, privileges privileges, licenses, permits and franchises necessary or desirable in the normal conduct of its principal line business; comply with all Contractual Obligations and Requirements of business, except, in any such case, as otherwise permitted pursuant Law applicable to subsection 6.5 or it except to the extent that failure to do so comply therewith would not not, in the aggregate, have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Manitowoc Co Inc)

Conduct of Business and Maintenance of Existence. (a) Continue Except as provided in subsection 11.5, continue to engage in its principal line business of business the same general type as now conducted by it, (b) it and preserve, renew and keep in full force and effect its corporate existence and (c) take all reasonable action to maintain all rights, privileges and franchises necessary or desirable in the normal conduct of its principal line of business, except, in business except for any such case, as otherwise permitted pursuant to subsection 6.5 or to the extent that failure to do so would preserve and maintain such privileges, rights or franchises that could not reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Wire Harness Industries Inc)

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