Corporate Existence, Etc. Subject to Section 10.2, the Company will at all times preserve and keep its corporate existence in full force and effect. Subject to Section 10.2, the Company will at all times preserve and keep in full force and effect the corporate existence of each of its Subsidiaries (unless merged into the Company or a Wholly-Owned Subsidiary) and all rights and franchises of the Company and its Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise would not, individually or in the aggregate, have a Material Adverse Effect.
Appears in 19 contracts
Samples: Master Note Purchase Agreement (Blackstone Private Credit Fund), Defined Terms (Broadmark Realty Capital Inc.), Note Purchase Agreement (Barings BDC, Inc.)
Corporate Existence, Etc. Subject to Section 10.210.6, the Company will at all times preserve and keep its corporate existence in full force and effecteffect its corporate existence. Subject to Section 10.2Sections 10.5 and 10.6, the Company will at all times preserve and keep in full force and effect the corporate existence of each of its Restricted Subsidiaries (unless merged into the Company or a Wholly-Owned Restricted Subsidiary) and all rights and franchises of the Company and its Restricted Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise would could not, individually or in the aggregate, have a Material Adverse Effect.
Appears in 9 contracts
Samples: Note Purchase Agreement (Mettler Toledo International Inc/), Note Purchase Agreement (Mettler Toledo International Inc/), Note Purchase Agreement (Mettler Toledo International Inc/)
Corporate Existence, Etc. Subject to Section 10.2, the Company will at all times preserve and keep its corporate existence in full force and effecteffect its corporate existence. Subject to Section 10.2, the The Company will at all times preserve and keep in full force and effect the corporate existence of each of its Subsidiaries (unless merged into the Company or a Wholly-Owned Wholly‑Owned Subsidiary) and all rights and franchises of the Company and its Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise would not, individually or in the aggregate, have a Material Adverse Effect.
Appears in 9 contracts
Samples: Note Purchase Agreement (Tortoise Midstream Energy Fund, Inc.), Purchase Agreement (Tortoise Pipeline & Energy Fund, Inc.), Note Purchase Agreement (Tortoise MLP Fund, Inc.)
Corporate Existence, Etc. Subject to Section 10.2Sections 10.6 and 10.7, the Company will at all times preserve and keep its corporate existence in full force and effect. Subject to Section 10.2effect its corporate existence, the Company and will at all times preserve and keep in full force and effect the corporate existence of each of its Restricted Subsidiaries (unless merged into the Company or a Wholly-Owned Restricted Subsidiary) and all rights and franchises of the Company and its Restricted Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.
Appears in 7 contracts
Samples: Note Purchase Agreement, Note Purchase Agreement, Note Purchase Agreement (Stepan Co)
Corporate Existence, Etc. Subject to Section 10.2, the Company will at all times preserve and keep its corporate existence in full force and effecteffect its corporate existence. Subject to Section 10.2, the Company will at all times preserve and keep in full force and effect the corporate existence of each of its Subsidiaries (unless merged into the Company or a Wholly-Owned Subsidiary) and all rights and franchises of the Company and its Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise would could not, individually or in the aggregate, have a Material Adverse Effect.
Appears in 6 contracts
Samples: Note Purchase Agreement (Piper Jaffray Companies), Existing Note Purchase Agreement (Piper Jaffray Companies), Note Purchase Agreement (Piper Jaffray Companies)
Corporate Existence, Etc. Subject to Section 10.210.5, the Company will at all times preserve and keep its corporate existence in full force and effecteffect its corporate existence. Subject to Section 10.210.5, the Company will at all times preserve and keep in full force and effect the corporate existence of each of its Subsidiaries (unless merged into the Company or a Wholly-Owned Subsidiary) and all rights and franchises of the Company and its Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise would could not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.
Appears in 6 contracts
Samples: Note Purchase Agreement (Meredith Corp), Note Purchase Agreement (Meredith Corp), Meredith Corp
Corporate Existence, Etc. Subject to Section 10.210.5(c), the Company will at all times preserve and keep its corporate existence in full force and effecteffect its corporate existence. Subject to Section 10.2Sections 10.5 and 10.6, the Company will at all times preserve and keep in full force and effect the corporate existence of each of its Subsidiaries (unless merged into the Company or a Wholly-Owned Subsidiary) and all rights and franchises of the Company and its Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise would could not, individually or in the aggregate, have a Material Adverse Effect.
Appears in 6 contracts
Samples: Guaranty Agreement (Tiffany & Co), Guaranty Agreement (Tiffany & Co), Note Purchase Agreement (Tiffany & Co)
Corporate Existence, Etc. Subject to Section 10.210.5, the Company will at all times preserve and keep its corporate existence in full force and effecteffect its corporate existence. Subject to Section 10.2Sections 10.5 and 10.6, the Company will at all times preserve and keep in full force and effect the corporate existence of each of its Subsidiaries (unless merged into the Company or a Wholly-Wholly Owned Subsidiary) and all rights and franchises of the Company and its Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise would not, individually or in the aggregate, have a Material Adverse Effect.
Appears in 6 contracts
Samples: Guaranty Agreement (Caseys General Stores Inc), Guaranty Agreement (Caseys General Stores Inc), Guaranty Agreement (Caseys General Stores Inc)
Corporate Existence, Etc. Subject to Section 10.2Sections 10.6 and 10.7, the Company each Obligor will at all times preserve and keep its corporate existence in full force and effecteffect its corporate existence. Subject to Section 10.2Sections 10.6 and 10.7, the Company will at all times preserve and keep in full force and effect the corporate existence of each of its Subsidiaries (unless merged into the Company or a Wholly-Owned Subsidiary) and all rights and franchises of the Company and its Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise would could not, individually or in the aggregate, have a Material Adverse Effect.
Appears in 6 contracts
Samples: Note Purchase Agreement (Patterson Companies, Inc.), Note Purchase Agreement, Patterson Companies (Patterson Companies, Inc.)
Corporate Existence, Etc. Subject to Section 10.210.11, the Company will at all times preserve and keep its corporate existence in full force and effect. Subject to Section 10.2Sections 10.10 and 10.11, the Company will at all times preserve and keep in full force and effect the corporate existence of each of its Restricted Subsidiaries (unless merged into the Company or a Wholly-Owned Restricted Subsidiary) and all rights and franchises of the Company and its Restricted Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise would could not, individually or in the aggregate, have a Material Adverse Effect.
Appears in 5 contracts
Samples: Note Purchase Agreement (Marcus Corp), Note Purchase Agreement (Marcus Corp), Note Purchase Agreement (Marcus Corp)
Corporate Existence, Etc. Subject to Section 10.2, the Company will at all times preserve and keep its corporate existence in full force and effecteffect its corporate existence. Subject to Section 10.2Sections 10.2 and 10.3, the Company will at all times preserve and keep in full force and effect the corporate existence of each of its Subsidiaries (unless merged into the Company or a Wholly-Owned Wholly‑Owned Subsidiary) and all rights and franchises of the Company and its Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise would not, individually or in the aggregate, have a Material Adverse Effect.
Appears in 5 contracts
Samples: Note Purchase Agreement (South Jersey Industries Inc), Note Purchase Agreement (South Jersey Industries Inc), South Jersey Industries Inc
Corporate Existence, Etc. Subject to Section 10.2, the Company will at all times preserve and keep its corporate existence in full force and effect. Subject to Section 10.2Sections 10.2 and 10.7, the Company will at all times preserve and keep in full force and effect the corporate existence of each of its Subsidiaries (unless merged into the Company or a Wholly-Owned Subsidiary) and all rights and franchises of the Company and its Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise would could not, individually or in the aggregate, have a Material Adverse Effect.
Appears in 5 contracts
Samples: Note Purchase Agreement (Evercore Inc.), Guaranty Agreement (Evercore Inc.), Evercore Inc.
Corporate Existence, Etc. Subject to Section 10.2, the Company will at all times preserve and keep its corporate existence in full force and effecteffect its corporate existence. Subject to Section 10.2, the The Company will at all times preserve and keep in full force and effect the corporate existence of each of its Subsidiaries (unless merged into the Company or a Wholly-Owned Subsidiary) and all rights and franchises of the Company and its Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise would not, individually or in the aggregate, have a Material Adverse Effect.
Appears in 5 contracts
Samples: Note Purchase Agreement (Tortoise MLP Fund, Inc.), Securities Purchase Agreement (Tortoise MLP Fund, Inc.), Tortoise Power (Tortoise Power & Energy Infrastructure Fund Inc)
Corporate Existence, Etc. Subject to Section 10.210.6, the Company will at all times preserve and keep its corporate existence in full force and effecteffect its corporate existence. Subject to Section 10.2Sections 10.5 and 10.6, the Company will at all times preserve and keep in full force and effect the corporate existence of each of its Subsidiaries (unless merged into the Company or a Wholly-Wholly Owned Subsidiary) and all rights and franchises of the Company and its Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise would not, individually or in the aggregate, have a Material Adverse Effect.
Appears in 4 contracts
Samples: Note Purchase Agreement (Teledyne Technologies Inc), Note Purchase Agreement (Teledyne Technologies Inc), Agreement (Teledyne Technologies Inc)
Corporate Existence, Etc. Subject to Section 10.2, the Company will at all times preserve and keep its corporate existence in full force and effect. Subject to Section 10.2, the Company will at all times preserve and keep in full force and effect its corporate existence and the Company will at all times preserve and keep in full force and effect the corporate or other organizational existence of each of its Subsidiaries (unless merged into the Company or a Wholly-Owned Subsidiary) and all rights and franchises of the Company and its Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate or other organizational existence, right or franchise would could not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.
Appears in 4 contracts
Samples: www.sec.gov, Guarantee Agreement (Yamana Gold Inc), Note Purchase Agreement (Yamana Gold Inc.)
Corporate Existence, Etc. Subject to Section 10.2, the The Company will at all times preserve and keep its corporate existence in full force and effecteffect its corporate existence. Subject to Section 10.210.5, the Company will at all times preserve and keep in full force and effect the corporate existence of each of its Consolidated Subsidiaries (unless merged into the Company or a Wholly-Owned Consolidated Subsidiary) and all rights and franchises of the Company and its Consolidated Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise would could not, individually or in the aggregate, have a Material Adverse Effect.
Appears in 4 contracts
Samples: Note Purchase Agreement (American Capital Strategies LTD), Note Purchase Agreement (American Capital Strategies LTD), Note Purchase Agreement (American Capital Strategies LTD)
Corporate Existence, Etc. Subject to Section 10.2, the Company will at all times preserve and keep its corporate existence in full force and effect. Subject to Section 10.2, the Company will at all times preserve and keep in full force and effect the corporate existence of each of its Subsidiaries (unless merged into the Company or a Wholly-Owned Subsidiary) and all rights and franchises of the Company and its Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise would could not, individually or in the aggregate, have a Material Adverse Effect.
Appears in 4 contracts
Samples: Agreement (W. P. Carey Inc.), Note Purchase Agreement (Jacobs Engineering Group Inc /De/), Note Purchase Agreement (Associated Estates Realty Corp)
Corporate Existence, Etc. Subject to Section 10.2, the Company will at all times preserve and keep its corporate existence in full force and effecteffect its corporate existence. Subject to Section 10.2Sections 10.2 and 10.6, the Company will at all times preserve and keep in full force and effect the corporate existence of each of its Subsidiaries (unless merged into the Company or a Wholly-Owned Subsidiary) and all rights and franchises of the Company and its Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise would could not, individually or in the aggregate, have a Material Adverse Effect.
Appears in 4 contracts
Samples: Guaranty Agreement (Patterson Uti Energy Inc), Note Purchase Agreement (Snyder's-Lance, Inc.), Guaranty Agreement (Patterson Uti Energy Inc)
Corporate Existence, Etc. Subject to Section 10.2, the Company will at all times preserve and keep its corporate existence in full force and effect. Subject to Section 10.2Sections 10.2 and 10.3, the Company will at all times preserve and keep in full force and effect the corporate existence of each of its Subsidiaries (unless dissolved or merged into the Company or a Wholly-Owned Subsidiary) and all Material rights and franchises of the Company and its Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise would not, individually or in the aggregate, have a Material Adverse Effect.
Appears in 4 contracts
Samples: Note Purchase Agreement (Public Service Co of New Mexico), Note Purchase Agreement (Public Service Co of New Mexico), Note Purchase Agreement (Texas New Mexico Power Co)
Corporate Existence, Etc. Subject to Section 10.2, the Company will at all times preserve and keep its corporate existence in full force and effecteffect its corporate existence. Subject to Section 10.2Sections 10.2 and 10.7, the Company will at all times preserve and keep in full force and effect the corporate existence of each of its Subsidiaries (unless merged into the Company or a Wholly-Owned Subsidiary) and all rights and franchises of the Company and its Subsidiaries unless, in the good faith judgment of the Company, unless the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise would could not, individually or in the aggregate, be reasonably expected to have a Material Adverse Effect.
Appears in 4 contracts
Samples: Private Shelf Agreement (Henry Schein Inc), Master Note Purchase Agreement (Henry Schein Inc), Master Note Purchase Agreement
Corporate Existence, Etc. Subject to Section 10.2, the The Company will at all times preserve and keep its corporate existence in full force and effecteffect its corporate existence. Subject to Section 10.2Sections 10.5 and 10.6, the Company will at all times preserve and keep in full force and effect the corporate existence of each of its Subsidiaries (unless merged into the Company or a Wholly-Owned Subsidiary) and all rights and franchises (as franchisee) of the Company and its Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise would could not, individually or in the aggregate, have a Material Adverse Effect.
Appears in 4 contracts
Samples: Guarantee Agreement (Spartech Corp), Guarantee Agreement (Spartech Corp), Note Purchase Agreement (Cpi Corp)
Corporate Existence, Etc. Subject to Section 10.2, the The Company will at all times preserve and keep its corporate existence in full force and effecteffect its corporate existence. Subject to Section 10.210.6, the Company will at all times preserve and keep in full force and effect the corporate existence of each of its Subsidiaries (unless merged into the Company or a Wholly-Owned Subsidiary) and all rights and franchises of the Company and its Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise would could not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.
Appears in 4 contracts
Samples: Uil Holdings Corp, Uil Holdings Corp, Uil Holdings Corp
Corporate Existence, Etc. Subject to Section 10.2Sections 10.5 and 10.6, the Company will at all times preserve and keep its corporate existence in full force and effect. Subject to Section 10.2effect its corporate existence, the Company and will at all times preserve and keep in full force and effect the corporate existence of each of its Restricted Subsidiaries (unless merged into the Company or a Wholly-Owned Restricted Subsidiary) and all rights and franchises of the Company and its Restricted Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise would not, individually or in the aggregate, have a Material Adverse Effect.
Appears in 3 contracts
Samples: Subsidiary Guaranty Agreement (Molex Inc), Subsidiary Guaranty Agreement (Eagle Materials Inc), Note Purchase Agreement (Cleveland Cliffs Inc)
Corporate Existence, Etc. Subject to Section 10.2, the The Company will at all times preserve and keep its corporate existence in full force and effecteffect its corporate existence. Subject to Section 10.211.2 and Section 11.7, the Company will at all times preserve and keep in full force and effect the corporate or other entity existence of each of its Subsidiaries (unless merged into the Company or a Wholly-Owned Subsidiary) and all rights and franchises of the Company and its Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise would could not, individually or in the aggregate, have a Material Adverse Effect.
Appears in 3 contracts
Samples: Note Purchase Agreement (Invacare Corp), Purchase Agreement (Invacare Corp), Note Purchase Agreement (Invacare Corp)
Corporate Existence, Etc. Subject to Section 10.2, the Company will at all times preserve and keep its corporate existence in full force and effecteffect its corporate existence. Subject to Section 10.2Sections 10.2 and 10.7, the Company will at all times preserve and keep in full force and effect the corporate existence of each of its Restricted Subsidiaries (unless merged into the Company or a Wholly-Owned Restricted Subsidiary) and all rights and franchises of the Company and its Restricted Subsidiaries unless, in the good faith judgment of the Company, unless the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise would could not, individually or in the aggregate, be reasonably expected to have a Material Adverse Effect.
Appears in 3 contracts
Samples: Master Note Purchase Agreement (Henry Schein Inc), Private Shelf Agreement (Henry Schein Inc), Private Shelf Agreement (Henry Schein Inc)
Corporate Existence, Etc. Subject to Section 10.2, the Company will at all times preserve and keep its corporate existence in full force and effecteffect its corporate existence. Subject to Section 10.2, the Company will at all times preserve and keep in full force and effect the corporate existence of each of its Subsidiaries (unless merged into the Company or a Wholly-Owned Subsidiary) and all rights and franchises of the Company and its Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise would not, individually or in the aggregate, have a Material Adverse Effect.
Appears in 3 contracts
Samples: ServisFirst Bancshares, Inc., ServisFirst Bancshares, Inc., ServisFirst Bancshares, Inc.
Corporate Existence, Etc. Subject to Section 10.2Sections 10.4 and 10.5, the Company will at all times preserve and keep its corporate existence in full force and effect. Subject to Section 10.2effect its corporate existence, the Company and will at all times preserve and keep in full force and effect the corporate existence of each of its Restricted Subsidiaries (unless merged into the Company or a Wholly-Owned Restricted Subsidiary) and all rights and franchises of the Company and its Restricted Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise would not, individually or in the aggregate, have a Material Adverse Effect.
Appears in 3 contracts
Samples: Dentsply International (Dentsply International Inc /De/), Note Purchase Agreement (Dentsply International Inc /De/), Dentsply International Inc /De/
Corporate Existence, Etc. Subject to Section 10.210.5, the Company will at all times preserve and keep its corporate existence in full force and effect. Subject to Section 10.2Sections 10.5 and 10.6, the Company will at all times preserve and keep in full force and effect the corporate existence of each of its Subsidiaries (unless merged into the Company or a Wholly-Owned Subsidiary) and all rights and franchises of the Company and its Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise would not, individually or in the aggregate, have a Material Adverse Effect.
Appears in 3 contracts
Samples: Master Note Agreement (CERNER Corp), Master Note Agreement (CERNER Corp), Master Note Purchase Agreement (Cerner Corp /Mo/)
Corporate Existence, Etc. Subject to Section 10.2Sections 10.5 and 10.6, the Company will at all times preserve and keep its corporate existence in full force and effect. Subject to Section 10.2effect its corporate existence, the Company and will at all times preserve and keep in full force and effect the corporate existence of each of its Subsidiaries (unless merged into the Company or a Wholly-Owned Subsidiary) and all rights and franchises of the Company and its Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise would not, individually or in the aggregate, have a Material Adverse Effect.
Appears in 3 contracts
Samples: Supplemental Agreement (Old Dominion Freight Line Inc/Va), Note Purchase Agreement (Old Dominion Freight Line Inc/Va), Note Purchase Agreement (Old Dominion Freight Line Inc/Va)
Corporate Existence, Etc. Subject to Section 10.2, the Company will at all times preserve and keep its corporate existence in full force and effect. Subject to Section 10.2, the Company will at all times preserve and keep in full force and effect its corporate existence and the corporate or other applicable existence of each of its Subsidiaries (unless merged into the Company or a Wholly-Owned another Subsidiary) and all rights rights, privileges, permits, licenses and franchises of the Company and its Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate or other applicable existence, right right, privilege, permit, license or franchise would could not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.
Appears in 3 contracts
Samples: Note Purchase Agreement (Tampa Electric Co), Guaranty Agreement (Tampa Electric Co), Guaranty Agreement (Tampa Electric Co)
Corporate Existence, Etc. Subject to Section 10.2, the Company will at all times preserve and keep its corporate existence in full force and effect. Subject to Section 10.2Sections 10.2 and 10.3, the Company will at all times preserve and keep in full force and effect the corporate existence of each of its Subsidiaries (unless merged into the Company or a Wholly-Owned Subsidiary) and all rights and franchises of the Company and its Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise would could not, individually or in the aggregate, have a Material Adverse Effect.
Appears in 3 contracts
Samples: Subsidiary Guaranty Agreement (Littelfuse Inc /De), Note Purchase Agreement (Littelfuse Inc /De), Gas Natural Inc.
Corporate Existence, Etc. Subject to Section 10.2, the Company will at all times preserve and keep its corporate existence in full force and effecteffect its corporate existence. Subject to Section 10.2, the Company will at all times preserve and keep in full force and effect the corporate existence of each of its Subsidiaries (unless merged into the Company or a Wholly-Owned Subsidiary) and all rights and franchises of the Company and its Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise would not, individually or in the aggregate, have a Material Adverse Effect.
Appears in 3 contracts
Samples: Note Purchase Agreement, Securities Purchase Agreement (Tortoise MLP Fund, Inc.), Note Purchase Agreement (Keyspan Corp)
Corporate Existence, Etc. Subject to Section 10.2, the The Company will at all times preserve and keep its corporate existence in full force and effecteffect its corporate existence. Subject to Section 10.2Sections 10.2 and 10.6, the Company will at all times preserve and keep in full force and effect the corporate existence of each of its Subsidiaries (unless merged into the Company or a Wholly-Owned Subsidiary) and all rights and franchises of the Company and its Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise would could not, individually or in the aggregate, have a Material Adverse Effect.
Appears in 3 contracts
Samples: Note Purchase Agreement (Ralcorp Holdings Inc /Mo), Note Purchase Agreement (First Investors Financial Services Group Inc), Ralcorp Holdings Inc /Mo
Corporate Existence, Etc. Subject to Section 10.2Sections 10.2 and 10.9, the Company Obligors will at all times preserve and keep its corporate existence in full force and effect. Subject to Section 10.2effect their respective corporate or partnership existences (as applicable), and the Company Obligors will at all times preserve and keep in full force and effect the corporate existence of each of its their Subsidiaries (unless merged into the Company or a Wholly-Owned Subsidiary) and all rights and franchises of the Company Obligors and its their Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect the corporate existence of any Subsidiary (other than the Company), or any such corporate existence, right or franchise would could not, individually or in the aggregate, have a Material Adverse Effect.
Appears in 3 contracts
Samples: Firstservice Corporation (Firstservice Corp), Note and Guarantee Agreement (Firstservice Corp), Firstservice Corporation (Firstservice Corp)
Corporate Existence, Etc. Subject to Section 10.210.6, the Company will at all times preserve and keep its corporate existence in full force and effecteffect its corporate existence. Subject to Section 10.2, the The Company will at all times preserve and keep in full force and effect the corporate existence of each of its Subsidiaries (unless merged into the Company or a Wholly-Owned Subsidiaryan Affiliate) and all rights and franchises of the Company and its Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise would could not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.
Appears in 3 contracts
Samples: Note Purchase Agreement (Uil Holdings Corp), Note Purchase Agreement (Uil Holdings Corp), Note Purchase Agreement (Uil Holdings Corp)
Corporate Existence, Etc. Subject to Section 10.2, the Company will at all times preserve and keep its corporate existence in full force and effect. Subject to Section 10.2Sections 10.2 and 10.3, the Company will at all times preserve and keep in full force and effect the corporate existence of each of its Subsidiaries (unless merged into the Company or a Wholly-Owned Consolidated Subsidiary) and all rights and franchises of the Company and its Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise would not, individually or in the aggregate, have a Material Adverse Effect.
Appears in 2 contracts
Corporate Existence, Etc. Subject to Section 10.210.5, the Company will at all times preserve and keep its corporate existence in full force and effecteffect its corporate existence. Subject to Section 10.210.5, the Company will at all times preserve and keep in full force and effect the corporate existence of each of its Subsidiaries (unless merged into the Company or a Wholly-Owned another Subsidiary) and all rights licenses and franchises of the Company and its Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right license or franchise would could not, individually or in the aggregate, have a Material Adverse Effect.
Appears in 2 contracts
Samples: MCG Capital Corp, MCG Capital Corp
Corporate Existence, Etc. Subject to Section 10.2, the Company will at all times preserve and keep its corporate existence in full force and effect. Subject to Section 10.2Sections 10.2 and 10.7, the Company will at all times preserve and keep in full force and effect the corporate existence of each of its Subsidiaries (unless merged into the Company or a Wholly-Owned Subsidiary) and all rights and franchises of the Company and its Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise would not, individually or in the aggregate, have a Material Adverse Effect.
Appears in 2 contracts
Samples: Note Purchase Agreement (Ugi Corp /Pa/), Guaranty Agreement (Ugi Corp /Pa/)
Corporate Existence, Etc. Subject to Section 10.210.6, the Company will at all times preserve and keep its corporate existence in full force and effecteffect its corporate existence. Subject to Section 10.2Sections 10.5 and 10.6, the Company will at all times preserve and keep in full force and effect the corporate or other legal existence of each of its Subsidiaries (unless merged into the Company or a Wholly-Owned owned Subsidiary) and all rights and franchises of the Company and its Subsidiaries unless, in the good faith judgment of the Company, unless the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise would not, individually or in the aggregate, have a Material Adverse Effect.
Appears in 2 contracts
Samples: Collateral Agency Agreement (Modine Manufacturing Co), Modine Manufacturing Co
Corporate Existence, Etc. Subject to Section 10.210.6, the Company will at all times preserve and keep its corporate existence in full force and effecteffect its corporate existence. Subject to Section 10.2Sections 10.6 and 10.7, the Company will at all times preserve and keep in full force and effect the corporate existence of each of its Subsidiaries (unless merged into the Company or a Wholly-Owned Subsidiary) and all rights and franchises of the Company and its Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.
Appears in 2 contracts
Samples: Note Purchase Agreement (Azz Inc), Private Shelf Agreement (Azz Inc)
Corporate Existence, Etc. Subject to Section 10.2Sections 10.5 and 10.6, the Company will at all times preserve and keep its corporate existence in full force and effect. Subject to Section 10.2effect its corporate existence, the Company and will at all times preserve and keep in full force and effect the corporate existence of each of its Subsidiaries (unless merged into the Company or a Wholly-Owned Subsidiary) and all rights and franchises of the Company and its Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise would not, individually or in the aggregate, to have a Material Adverse Effect.
Appears in 2 contracts
Samples: Note Purchase Agreement (Fair Isaac Corp), Fair Isaac Corp
Corporate Existence, Etc. Subject to Section 10.2, the Company will at all times preserve and keep its corporate existence in full force and effect. Subject to Section 10.2Sections 10.6, the Company will at all times preserve and keep in full force and effect its corporate existence. Subject to Sections 10.5 and 10.6 the corporate Company will at all times preserve and keep in full force and effect the legal existence of each of its Subsidiaries (unless merged into the Company or a Wholly-Owned Subsidiary) and all rights and franchises of the Company and its Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate legal existence, right or franchise would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.
Appears in 2 contracts
Samples: Note Purchase Agreement (International Speedway Corp), Purchase Agreement (International Speedway Corp)
Corporate Existence, Etc. Subject to Section 10.210.6, the Company will at all times preserve and keep its corporate existence in full force and effecteffect its corporate existence. Subject to Section 10.2Sections 10.5 and 10.6, the Company will at all times preserve and keep in full force and effect the corporate existence of each of its Subsidiaries (unless merged into the Company or a Wholly-Owned owned Subsidiary) and all rights and franchises of the Company and its Subsidiaries unless, in the good faith judgment of the Company, unless the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise would not, individually or in the aggregate, have a Material Adverse Effect.
Appears in 2 contracts
Samples: Intercreditor Agreement (Modine Manufacturing Co), Modine Manufacturing Co
Corporate Existence, Etc. Subject to Section 10.2Sections 10.4 and 10.5, the Company will at all times preserve and keep its corporate existence in full force and effect. Subject to Section 10.2effect its corporate existence, the Company and will at all times preserve and keep in full force and effect the corporate existence of each of its Restricted Subsidiaries (unless merged into the Company or a Wholly-Owned Restricted Subsidiary) and all rights and franchises of the Company and its Restricted Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.
Appears in 2 contracts
Samples: Credit Agreement (Sigma Aldrich Corp), Hain Celestial Group Inc
Corporate Existence, Etc. Subject to Section 10.2, the The Company will at all times preserve and keep its corporate existence in full force and effecteffect its corporate existence. Subject to Section 10.2Sections 10.5 and 10.6, the Company will at all times preserve and keep in full force and effect the corporate existence of each of its Restricted Subsidiaries (unless merged into the Company or a Wholly-Owned Restricted Subsidiary) and all rights and franchises of the Company and its Restricted Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise would could not, individually or in the aggregate, have a Material Adverse Effect.
Appears in 2 contracts
Samples: Note Purchase Agreement (Bowne & Co Inc), Simpson (Simpson Industries Inc)
Corporate Existence, Etc. Subject to Section 10.2, the Company will at all times preserve and keep its corporate existence in full force and effect. Subject to Section 10.2, the The Company will at all times preserve and keep in full force and effect the corporate existence of each of its Subsidiaries Subsidiary (unless merged into the Company or a Wholly-Owned Subsidiary) and all rights and franchises of the Company and its Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise would could not, individually or in the aggregate, have a Material Adverse Effect.
Appears in 2 contracts
Samples: Note Purchase Agreement (Eastgroup Properties Inc), Note Purchase Agreement (Eastgroup Properties Inc)
Corporate Existence, Etc. Subject to Section 10.2, the Company will at all times preserve Sections 10.5 and keep its corporate existence in full force and effect. Subject to Section 10.210.6, the Company will at all times preserve and keep in full force and effect its corporate existence, and will at all times preserve and keep in full force and effect the corporate or other similar legal entity existence of each of its Subsidiaries (unless merged into the Company or a Wholly-Owned Subsidiary) and all rights and franchises of the Company and its Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise would not, individually or in the aggregate, have a Material Adverse Effectmaterially adverse effect on the business, operations, affairs, financial condition, properties or assets of the Company and its Subsidiaries taken as a whole.
Appears in 2 contracts
Samples: Note Purchase Agreement (Evans Bob Farms Inc), Note Purchase Agreement (Evans Bob Farms Inc)
Corporate Existence, Etc. Subject to Section 10.2, the Company will at all times preserve and keep its corporate legal existence in full force and effect. Subject to Section 10.2, the Company will at all times preserve and keep in full force and effect the corporate legal existence of each of its Subsidiaries (unless merged into the Company or a Wholly-Owned Subsidiary) and all rights and franchises of the Company and its Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate legal existence, right or franchise would not, individually or in the aggregate, have a Material Adverse Effect.
Appears in 2 contracts
Samples: Purchase Agreement (CION Investment Corp), Note Purchase Agreement (CION Investment Corp)
Corporate Existence, Etc. Subject to Section 10.2, the Company will at all times preserve and keep its corporate existence in full force and effecteffect its corporate existence. Subject to Section 10.2Sections 10.2 and 10.9, the Company will at all times preserve and keep in full force and effect the corporate existence of each of its Subsidiaries (unless merged into the Company or a Wholly-Owned Subsidiary) and all rights and franchises of the Company and its Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise would could not, individually or in the aggregate, have a Material Adverse Effect.
Appears in 2 contracts
Samples: Note Purchase and Private Shelf Agreement (Arch Chemicals Inc), Note Purchase and Private Shelf Agreement (Arch Chemicals Inc)
Corporate Existence, Etc. Subject to Section 10.2, the Company will at all times preserve and keep its corporate existence in full force and effect. Subject to Section 10.2Sections 10.2 and 10.3, the Company will at all times preserve and keep in full force and effect the corporate existence of each of its Subsidiaries (unless merged into the Company or a Wholly-Owned Wholly‑Owned Subsidiary) and all rights and franchises of the Company and its Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise would could not, individually or in the aggregate, have a Material Adverse Effect.
Appears in 2 contracts
Samples: Note Purchase Agreement (Toro Co), Note Purchase Agreement (Toro Co)
Corporate Existence, Etc. Subject to Section 10.2, the Company will at all times preserve and keep its corporate existence in full force and effecteffect its corporate existence. Subject to Section 10.2Sections 10.2 and 10.9, the Company will at all times preserve and keep in full force and effect the corporate existence of each of its Subsidiaries (unless merged into the Company or a Wholly-Owned Subsidiary) and all rights and franchises of the Company and its Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise would not, individually or in the aggregate, have a Material Adverse Effect.
Appears in 2 contracts
Samples: Master Note Purchase Agreement (Arch Chemicals Inc), Master Note Purchase Agreement (Arch Chemicals Inc)
Corporate Existence, Etc. Subject to Section 10.2, the Company will at all times preserve and keep its corporate existence in full force and effect. Subject to Section 10.2Sections 10.2 and 10.7, the Company will at all times preserve and keep in full force and effect the corporate existence of each of its Subsidiaries (unless merged into the Company or a Wholly-Owned Subsidiary) and all rights and franchises of the Company and its Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise would not, individually or in the aggregate, have a Material Adverse Effect.
Appears in 2 contracts
Samples: Note Purchase Agreement (C. H. Robinson Worldwide, Inc.), Note Purchase Agreement (C H Robinson Worldwide Inc)
Corporate Existence, Etc. Subject to Section 10.2, the Company will at all times preserve and keep its corporate existence in full force and effecteffect its corporate existence. Subject to Section 10.2, the Company will at all times preserve and keep in full force and effect the corporate existence of each of its Subsidiaries (unless merged into the Company or a Wholly-Owned Subsidiary) and all rights and franchises of the Company and its Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.
Appears in 2 contracts
Samples: Subsidiary Guarantee Agreement (Ecolab Inc), Note Purchase Agreement (Ecolab Inc)
Corporate Existence, Etc. Subject to Section 10.2, the The Company will at all times preserve and keep its corporate existence in full force and effecteffect its corporate existence. Subject to Section 10.2Sections 10.6 and 10.7, the Company will at all times preserve and keep in full force and effect the corporate existence of each of its Restricted Subsidiaries (unless merged into the Company or a Wholly-Owned another Restricted Subsidiary) and all rights and franchises of the Company and its Restricted Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise would could not, individually or in the aggregate, have a Material Adverse Effect.
Appears in 2 contracts
Samples: Subsidiary Guaranty Agreement (Ruby Tuesday Inc), Subsidiary Guaranty Agreement (Ruby Tuesday Inc)
Corporate Existence, Etc. Subject to Section 10.2Sections 10.5 and 10.6, the Company will at all times preserve and keep its corporate existence in full force and effect. Subject to Section 10.2effect its corporate existence, the Company and will at all times preserve and keep in full force and effect the corporate existence of each of its Subsidiaries (unless merged into the Company or a Wholly-Owned Subsidiary) and all rights and franchises Material to the conduct of the business of the Company and its Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise would could not, individually or in the aggregate, have a Material Adverse Effect.
Appears in 2 contracts
Samples: Note Purchase Agreement (Jackson Hewitt Tax Service Inc), Jackson Hewitt Tax Service Inc
Corporate Existence, Etc. Subject to Section 10.2, the Company will at all times preserve and keep its corporate existence in full force and effect. Subject to Section 10.2Sections 10.2 and 10.6, the Company will at all times preserve and keep in full force and effect the corporate existence of each of its Subsidiaries (unless merged into the Company or a Wholly-Owned Subsidiary) and all rights and franchises of the Company and its Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise would could not, individually or in the aggregate, have a Material Adverse Effect.
Appears in 2 contracts
Samples: Note Purchase Agreement (Alabama Gas Corp), Note Purchase Agreement (Alabama Gas Corp)
Corporate Existence, Etc. Subject to Section 10.210.1, the Company will at all times preserve and keep its corporate existence in full force and effect. Subject to Section 10.210.1, the Company will at all times preserve and keep in full force and effect the corporate (or equivalent) existence of each of its Restricted Subsidiaries (unless merged into the Company or a Wholly-Owned Restricted Subsidiary) and all rights and franchises of the Company and its Restricted Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise would not, individually or in the aggregate, have a Material Adverse Effect.
Appears in 2 contracts
Samples: Note Purchase Agreement (SJW Group), Note Purchase Agreement (SJW Group)
Corporate Existence, Etc. Subject to Section 10.2, the Company will at all times preserve and keep its corporate existence in full force and effect. Subject to Section 10.2Sections 10.2 and 10.7, the Company will at all times preserve and keep in full force and effect the corporate existence of each of its Subsidiaries (unless merged into the Company or a Wholly-Owned Wholly‑Owned Subsidiary) and all rights and franchises of the Company and its Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise would not, individually or in the aggregate, have a Material Adverse Effect.
Appears in 2 contracts
Samples: Guaranty Agreement (Ugi Utilities Inc), Guaranty Agreement (Ugi Utilities Inc)
Corporate Existence, Etc. Subject to Section 10.2, the Company will at all times preserve and keep its corporate existence in full force and effecteffect its corporate existence. Subject to Section 10.2Sections 10.2 and 10.3, the Company will at all times preserve and keep in full force and effect the corporate existence of each of its Subsidiaries (unless merged into the Company or a Wholly-Owned Subsidiary) and all rights and franchises of the Company and its Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise would could not, individually or in the aggregate, have a Material Adverse Effect.
Appears in 2 contracts
Samples: Guaranty Agreement (Woodward Governor Co), Guaranty Agreement (Woodward Governor Co)
Corporate Existence, Etc. Subject to Section 10.210.4, the Company will at all times preserve and keep its corporate existence in full force and effect. Subject to Section 10.210.4, the Company will at all times preserve and keep in full force and effect the corporate organizational existence of each of its Subsidiaries (unless merged into the Company or a Wholly-Owned Subsidiary) and all rights and franchises of the Company and its Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise would could not, individually or in the aggregate, have a Material Adverse Effect.
Appears in 2 contracts
Samples: Note Purchase Agreement (Green Brick Partners, Inc.), Note Purchase Agreement (Green Brick Partners, Inc.)
Corporate Existence, Etc. Subject to Section 10.27.02, the Company will at all times preserve and keep its corporate existence in full force and effect. Subject to Section 10.2effect its corporate existence, and the Company will at all times preserve and keep in full force and effect the corporate existence of each of its Restricted Subsidiaries (unless merged into the Company or a Wholly-Owned Restricted Subsidiary) and all rights and franchises of the Company and its Subsidiaries Restricted Subsidiaries, unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise would could not, individually or in the aggregate, have a Material Adverse Effect.
Appears in 2 contracts
Samples: Credit and Term Loan Agreement (Waste Management Inc), Credit and Term Loan Agreement (Waste Management Inc)
Corporate Existence, Etc. Subject to Section 10.2, the Company each Obligor will at all times preserve and keep its corporate existence in full force and effect. Subject to Section 10.2Sections 10.2 and 10.3, the Company each Obligor will at all times preserve and keep in full force and effect the corporate existence of each of its Subsidiaries (unless merged into the Company or a Wholly-Owned Subsidiary) and all rights and franchises of the Company Obligors and its their Subsidiaries unless, in the good faith judgment of the CompanyObligors, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise would not, individually or in the aggregate, have a Material Adverse Effect.
Appears in 2 contracts
Samples: Note Purchase and Guarantee Agreement (Chicago Bridge & Iron Co N V), Note Purchase and Guarantee Agreement (Chicago Bridge & Iron Co N V)
Corporate Existence, Etc. Subject to Section 10.210.1, the Company will at all times preserve and keep its corporate existence in full force and effecteffect its corporate existence. Subject to Section 10.2Sections 9.1 and 10.1, the Company will at all times preserve and keep in full force and effect the corporate existence of each of its Material Subsidiaries (unless merged into the Company or a Wholly-Owned Subsidiary) and all rights and franchises of the Company and its Material Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise would will not, directly or indirectly and individually or in the aggregate, have result in a Material Adverse Effect.
Appears in 2 contracts
Samples: Assumption and Exchange Agreement, Note Assumption and Exchange Agreement (Consolidated Edison Inc)
Corporate Existence, Etc. Subject to Section 10.210.7, the Company will at all times preserve and keep its corporate existence in full force and effecteffect its corporate existence. Subject to Section 10.210.7, the Company will at all times preserve and keep in full force and effect the corporate existence of each of its Subsidiaries (unless merged into the Company or a Wholly-Owned Subsidiary) and all rights and franchises of the Company and its Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise would could not, individually or in the aggregate, have a Material Adverse Effect.
Appears in 2 contracts
Samples: Note Purchase and Private Shelf Agreement (Mdu Resources Group Inc), Master Shelf Agreement (Mdu Resources Group Inc)
Corporate Existence, Etc. Subject to Section 10.2Sections 10.4 and 10.5, the Company will at all times preserve and keep its corporate existence in full force and effect. Subject to Section 10.2effect its corporate existence, the Company and will at all times preserve and keep in full force and effect the corporate existence of each of its Restricted Subsidiaries (unless merged into the Company or a Wholly-Owned Restricted Subsidiary) and all rights and franchises of the Company and its Restricted Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise would not, individually or in the aggregate, to have a Material Adverse Effect.
Appears in 2 contracts
Samples: Note Purchase Agreement (Miller Herman Inc), Note Purchase Agreement (Miller Herman Inc)
Corporate Existence, Etc. Subject to Section 10.210.5, the Company will at all times preserve and keep its corporate existence in full force and effecteffect its corporate existence. Subject to Section 10.2Sections 10.5 and 10.6, the Company will at all times preserve and keep in full force and effect the corporate existence of each of its Restricted Subsidiaries (unless merged into the Company or a Wholly-Owned Subsidiary) and all rights and franchises of the Company and its Restricted Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise would not, individually or in the aggregate, have a Material Adverse Effect.
Appears in 2 contracts
Samples: Note Purchase Agreement (Perkinelmer Inc), Note Purchase Agreement (Perkinelmer Inc)
Corporate Existence, Etc. Subject to Section 10.2, the Company will at all times preserve and keep its corporate existence in full force and effect. Subject to Section 10.2, Sections 10.2 and 10.7 the Company will at all times preserve and keep in full force and effect the corporate existence of each of its Subsidiaries (unless merged into the Company or a Wholly-Owned Subsidiary) and all rights and franchises of the Company and its Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise would could not, individually or in the aggregate, have a Material Adverse Effect.
Appears in 2 contracts
Samples: Private Shelf Agreement (RGC Resources Inc), Note Purchase Agreement (RGC Resources Inc)
Corporate Existence, Etc. Subject to Section 10.2SECTION 10.7, the Company will at all times preserve and keep its corporate existence in full force and effecteffect its corporate existence. Subject to Section 10.2SECTION 10.7, the Company will at all times preserve and keep in full force and effect the corporate existence of each of its Subsidiaries (unless merged into the Company or a Wholly-Owned Subsidiary) and all rights and franchises of the Company and its Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise would could not, individually or in the aggregate, have a Material Adverse Effect.
Appears in 2 contracts
Samples: Subsidiary Guaranty Agreement (St Joe Co), Note Purchase Agreement (St Joe Co)
Corporate Existence, Etc. Subject to Section 10.210.7, the Company will at all times preserve and keep its corporate existence in full force and effect. Subject to Section 10.2Sections 10.6 and 10.7, the Company will at all times preserve and keep in full force and effect the corporate existence of each of its Restricted Subsidiaries (unless merged into the Company or a Wholly-Owned Restricted Subsidiary) and all rights and franchises of the Company and its Restricted Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise would could not, individually or in the aggregate, have a Material Adverse Effect.
Appears in 2 contracts
Samples: Marcus Corp, Marcus Corp
Corporate Existence, Etc. Subject to Section 10.2, the The Company will at all times preserve and keep its corporate existence in full force and effecteffect its corporate existence. Subject to Section 10.2Sections 8.2 and 8.3, the Company will at all times preserve and keep in full force and effect the corporate existence of each of its Subsidiaries (unless merged into the Company or a Wholly-Owned Subsidiary) and all rights and franchises (as franchisee) of the Company and its Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise would could not, individually or in the aggregate, have a Material Adverse Effect.
Appears in 2 contracts
Samples: Note Purchase Agreement (Spartech Corp), Note Purchase Agreement (Spartech Corp)
Corporate Existence, Etc. Subject to Section 10.2Sections 10.6 and 10.7, the Company will at all times preserve and keep its corporate existence in full force and effect. Subject to Section 10.2, the Company and will at all times preserve and keep in full force and effect the corporate existence of each of its Subsidiaries (unless merged into the Company or a Wholly-Owned Subsidiary) and all rights and franchises of the Company and its Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.
Appears in 2 contracts
Samples: Master Note Agreement (Stepan Co), Defined Terms (Stepan Co)
Corporate Existence, Etc. Subject to Section 10.2, the The Company will at all times preserve and keep its corporate existence in full force and effecteffect its corporate existence. Subject to Section 10.2Sections 10.5 and 10.6, the Company will at all times preserve and keep in full force and effect the corporate existence of each of its Subsidiaries (unless merged into the Company or a Wholly-Owned Subsidiary) and all rights and franchises (as franchises) of the Company and its Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise would could not, individually or in the aggregate, have a Material Adverse Effect.
Appears in 2 contracts
Samples: Exhibit Index (Showbiz Pizza Time Inc), Note Purchase Agreement (Showbiz Pizza Time Inc)
Corporate Existence, Etc. Subject to Section 10.2, the Company will Such Obligor shall at all times preserve and keep its corporate existence in full force and effecteffect its corporate existence. Subject to Section 10.2, the Company will shall at all times preserve and keep in full force and effect the corporate existence of each of its Subsidiaries (unless merged into the Company such Obligor or a Wholly-Owned Subsidiary) and all rights and franchises of the Company and its Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise would could not, individually or in the aggregate, have a Material Adverse Effect.
Appears in 2 contracts
Samples: Unisource Energy Corp, Unisource Energy Corp
Corporate Existence, Etc. Subject to Section 10.210.5, the Company will at all times preserve and keep its corporate existence in full force and effecteffect its corporate existence. Subject to Section 10.2Sections 10.4 and 10.5, the Company will at all times preserve and keep in full force and effect the corporate existence of each of its Subsidiaries (unless merged into the Company or a Wholly-Owned owned Subsidiary) and all rights and franchises of the Company and its Subsidiaries unless, in the good faith judgment of the Company, unless the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise would not, individually or in the aggregate, have a Material Adverse Effect.
Appears in 1 contract
Corporate Existence, Etc. Subject to Section 10.2, the Company will at all times preserve and keep its corporate existence in full force and effect. Subject to Section 10.2Sections 10.2 and 10.7, the Company will at all times preserve and keep in full force and effect the corporate existence of each of its Subsidiaries (unless merged into the Company or a Wholly-Owned Wholly‑Owned Subsidiary) and all rights and franchises of the Company and its Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise would could not, individually or in the aggregate, have a Material Adverse Effect.
Appears in 1 contract
Corporate Existence, Etc. Subject to Section 10.2, the Company will at all times preserve and keep its corporate existence in full force and effecteffect its corporate existence. Subject to Section 10.2, Sections 10.2 and 10.6 the Company will at all times preserve and keep in full force and effect the corporate existence of each of its Subsidiaries (unless merged into the Company or a Wholly-Owned Subsidiary) and all rights and franchises of the Company and its Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect. Section 9.6.
Appears in 1 contract
Corporate Existence, Etc. Subject to Section 10.2, the Company will at all times preserve and keep its corporate existence in full force and effecteffect its corporate existence. Subject to Section 10.2, the Company will at all times preserve and keep in full force and effect the corporate legal existence of each of its Subsidiaries (unless merged such Subsidiary is merger into the Company or a Wholly-Owned another Subsidiary) and all rights and franchises of the Company and its Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate legal existence, right or franchise would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.
Appears in 1 contract
Samples: Kingstone Companies, Inc.
Corporate Existence, Etc. Subject to Section 10.2, the Company will at all times preserve and keep its corporate existence in full force and effecteffect its corporate existence. Subject to Section 10.2Sections 10.2 and 10.3, the Company will at all times preserve and keep in full force and effect the corporate existence of each of its Subsidiaries (unless merged into the Company or a Wholly-Owned Subsidiary) and all rights and franchises of the Company and its Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise would not, individually or in the aggregate, have a Material Adverse Effect.
Appears in 1 contract
Samples: Note Purchase Agreement (South Jersey Industries Inc)
Corporate Existence, Etc. Subject to Section 10.2Sections 10.2 and 10.3, the Company will at all times preserve and keep its corporate existence in full force and effect. Subject to Section 10.2Sections 10.2 and 10.3, the Company will at all times preserve and keep in full force and effect the corporate existence of each of its Subsidiaries (unless merged into the Company or a Wholly-Owned Subsidiary) and all rights and franchises of the Company and its Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existenceexistence (including due to a change in the classification of such entity), right or franchise would could not, individually or in the aggregate, have a Material Adverse Effect.
Appears in 1 contract
Corporate Existence, Etc. Subject to Section 10.2Sections 10.2 and 10.9, the Company will at all times preserve and keep its corporate existence in full force and effect. Subject to Section 10.2effect its corporate existence, and the Company will at all times preserve and keep in full force and effect the corporate or partnership existence (as applicable) of each of its Subsidiaries (unless merged into the Company or a Wholly-Owned Subsidiary) and all rights and franchises of the Company and its Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect the corporate or partnership existence of any Subsidiary, or any such corporate existence, right or franchise would could not, individually or in the aggregate, have a Material Adverse Effect.
Appears in 1 contract
Samples: Note Purchase and Private Shelf Agreement (FirstService Corp)
Corporate Existence, Etc. Subject to Section 10.210.5, the Company will at all times preserve and keep its corporate existence in full force and effect. Subject to Section 10.2Sections 10.5 and 10.6, the Company will at all times preserve and keep in full force and effect the corporate legal existence of each of its Subsidiaries (unless merged into the Company or a Wholly-Owned Subsidiary) and all rights and franchises of the Company and its Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.
Appears in 1 contract
Corporate Existence, Etc. Subject to Section 10.210.3, the Company and the Issuer will at all times preserve and keep its corporate or trust, as applicable, existence in full force and effect. Subject to Section 10.2, the The Company will at all times preserve and keep in full force and effect the corporate existence of each of its Subsidiaries (unless merged into the Company or a Wholly-Owned Subsidiary) and all rights and franchises of the Company and its Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise would could not, individually or in the aggregate, have a Material Adverse Effect.
Appears in 1 contract
Corporate Existence, Etc. Subject to Section 10.2, the The Company will at all times preserve and keep its corporate existence in full force and effecteffect its corporate existence. Subject to Section 10.2Sections 10.5, 10.6 and 10.7, the Company will at all times preserve and keep in full force and effect the corporate existence of each of its Subsidiaries (unless merged into the Company or a Wholly-Owned Subsidiary) and all rights and franchises of the Company and its Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise would could not, individually or in the aggregate, have a Material Adverse Effect.
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Corporate Existence, Etc. Subject to Section 10.2, the Company will at all times preserve and keep its corporate existence in full force and effect. Subject to Section 10.2, the Company will at all times preserve and keep in full force and effect the corporate existence of each of its Subsidiaries (unless merged into the Company or a Wholly-Owned Subsidiary) and all rights and franchises of the Company and its Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise would not, individually or in the aggregate, have a Material Adverse Effect.. OWL ROCK CAPITAL CORPORATION III NOTE PURCHASE AGREEMENT
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Samples: Master Note Purchase Agreement (Owl Rock Capital Corp III)
Corporate Existence, Etc. Subject to Section 10.2, the The Company will at all times preserve and keep its corporate existence in full force and effecteffect its corporate existence. Subject to Section 10.211.2 and Section 11.8, the Company will at all times preserve and keep in full force and effect the corporate or other entity existence of each of its Subsidiaries (unless merged into the Company or a Wholly-Owned Subsidiary) and all rights and franchises of the Company and its Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise would could not, individually or in the aggregate, have a Material Adverse Effect.
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Corporate Existence, Etc. Subject to Section 10.210.1.4, each of the Issuer and the Company will at all times preserve and keep its corporate existence in full force and effecteffect its corporate existence. Subject to Section 10.2Sections 10.1.3 and 10.1.4, the Company will at all times preserve and keep in full force and effect the corporate existence of each of its other Subsidiaries (unless merged into the Company or a Wholly-Owned Subsidiary) and all rights and franchises of the Company and its Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise would could not, individually or in the aggregate, have a Material Adverse Effect.
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Samples: Note Purchase Agreement (Cordiant Communications Group PLC /Adr)
Corporate Existence, Etc. Subject to Section 10.210.2.4, each of the Issuer and the Company will at all times preserve and keep its corporate existence in full force and effecteffect its corporate existence. Subject to Section 10.2Sections 10.2.3 and 10.2.4, the Company will at all times preserve and keep in full force and effect the corporate existence of each of its other Subsidiaries (unless merged into the Company or a Wholly-Owned Subsidiary) and all rights and franchises of the Company and its Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise would could not, individually or in the aggregate, have a Material Adverse Effect.
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Samples: Note Purchase Agreement (Cordiant Communications Group PLC /Adr)
Corporate Existence, Etc. Subject to Section 10.2Sections 10.5 and 10.6, the Company will at all times preserve and keep its corporate existence in full force and effect. Subject to Section 10.2effect its corporate existence, the Company and will at all times preserve and keep in full force and effect the corporate existence of each of its Restricted Subsidiaries (unless merged into the Company or a Wholly-Owned another Restricted Subsidiary) and all rights and franchises of the Company and its Restricted Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise would could not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.
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Samples: Note Purchase Agreement (Insituform Technologies Inc)
Corporate Existence, Etc. Subject to Section 10.210.5, the Company will at all times preserve and keep its corporate existence in full force and effect. Subject to Section 10.2Sections 10.5 and 10.6, the Company will at all times preserve and keep in full force and effect the corporate or other existence of each of its Subsidiaries (unless merged into the Company or a Whollywholly-Owned owned Subsidiary) and all rights and franchises of the Company and its Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise would could not, individually or in the aggregate, have a Material Adverse Effect.
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Corporate Existence, Etc. Subject to Section 10.210.6, the Company will at all times preserve and keep its corporate existence in full force and effecteffect its corporate existence. Subject to Section 10.210.6, the Company will at all times preserve and keep in full force and effect the corporate existence of each of its Subsidiaries (unless merged into the Company or a Wholly-Owned Subsidiary) and all rights and franchises of the Company and its Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise would could not, individually or in the aggregate, have a Material Adverse Effect.
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Corporate Existence, Etc. Subject to Section 10.210.4, the Company will at all times preserve and keep its corporate existence in full force and effect. Subject to Section 10.2effect its corporate existence, the Company and will at all times preserve and keep in full force and effect the corporate existence of each of its Significant Subsidiaries (unless merged into the Company or a Wholly-Owned Subsidiary) and all rights and franchises of the Company and its Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.. AVON PRODUCTS, INC. NOTE PURCHASE AGREEMENT
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Corporate Existence, Etc. Subject to Section 10.2, the Company will at all times preserve and keep its corporate existence in full force and effecteffect its corporate existence. Subject to Section 10.2, the Company will at all times preserve and keep in full force and effect the corporate existence of each of its Subsidiaries (unless merged into the Company or a Wholly-Owned Wholly‑Owned Subsidiary) and all rights and franchises of the Company and its Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise would not, individually or in the aggregate, have a Material Adverse Effect.
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Corporate Existence, Etc. Subject to Section 10.210.5, each of the Issuer and the Company will at all times preserve and keep its corporate existence in full force and effecteffect its corporate existence. Subject to Section 10.2Sections 10.4 and 10.5, the Company will at all times preserve and keep in full force and effect the corporate existence of each of its other Subsidiaries (unless merged into the Company or a Wholly-Owned Subsidiary) and all rights and franchises of the Company and its Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise would could not, individually or in the aggregate, have a Material Adverse Effect.
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Samples: Guarantee Agreement (Cordiant Communications Group PLC /Adr)
Corporate Existence, Etc. Subject to Section 10.210.4, the Company will at all times preserve and keep its corporate existence in full force and effecteffect its corporate existence. Subject to Section 10.2, Sections 10.4 and 10.5 the Company will at all times preserve and keep in full force and effect the corporate existence of each of its Subsidiaries (unless merged into the Company or a Wholly-Owned Subsidiary) and all rights and franchises of the Company and its Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise would could not, individually or in the aggregate, have a Material Adverse Effect.
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Corporate Existence, Etc. Subject to Section 10.2, the Company will at all times preserve and keep its corporate existence in full force and effect. Subject to Section 10.2, the Company will at all times preserve and keep in full force and effect the corporate existence of each of its Subsidiaries Significant Subsidiary (unless merged into the Company or a Wholly-Owned Subsidiary) and all Material rights and franchises of the Company and its Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise would not, individually or in the aggregate, have a Material Adverse Effect.
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Samples: Northwest Natural Gas Co
Corporate Existence, Etc. Subject to Section 10.2, the Company will at all times preserve and keep its corporate existence in full force and effecteffect its corporate existence. Subject to Section 10.2, Sections 10.2 and [___],15 the Company will at all times preserve and keep in full force and effect the corporate existence of each of its Subsidiaries (unless merged into the Company or a Wholly-Owned Subsidiary) and all rights and franchises of the Company and its Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise would not, individually or in the aggregate, have a Material Adverse Effect.
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Samples: Note Purchase Agreement
Corporate Existence, Etc. Subject to Section 10.210.9, the Company will at all times preserve and keep its corporate existence in full force and effecteffect its corporate existence. Subject to Section 10.2Sections 10.8 and 10.9, the Company will at all times preserve and keep in full force and effect the corporate corporate, limited partnership or limited liability company existence of each of its Restricted Subsidiaries (unless merged into the Company or a Wholly-Owned Subsidiary) and all rights and franchises of the Company and its Restricted Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise would not, individually or in the aggregate, have a Material Adverse Effect.
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Samples: Egl Inc
Corporate Existence, Etc. Subject to Section 10.2, the Company will at all times preserve and keep its corporate existence in full force and effecteffect its corporate existence. Subject to Section 10.2, Sections 10.2 and 10.6 the Company will at all times preserve and keep in full force and effect the corporate existence of each of its Subsidiaries (unless merged into the Company or a Wholly-Owned Subsidiary) and all rights and franchises of the Company and its Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.
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Corporate Existence, Etc. Subject to Section 10.2, the The Company will at all times preserve and keep its corporate existence in full force and effecteffect its corporate existence. Subject to Section 10.210.7, the Company will at all times preserve and keep in full force and effect the corporate existence of each of its Significant Subsidiaries (unless merged into the Company or a Wholly-Owned Significant Subsidiary) and all rights and franchises of the Company and its Significant Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise would could not, individually or in the aggregate, have a Material Adverse Effect.
Appears in 1 contract
Samples: Nordson Corp
Corporate Existence, Etc. Subject to Section 10.2, the Company will at all times preserve and keep its corporate existence in full force and effect. Subject to Section 10.210.2 and Section 10.8, the Company will at all times preserve and keep in full force and effect the corporate existence of each of its Subsidiaries (unless merged into the Company or a Wholly-Owned Subsidiary) and all rights and franchises of the Company and its Subsidiaries unless, in the good faith judgment of the Company, the termination of or failure to preserve and keep in full force and effect such corporate existence, right or franchise would could not, individually or in the aggregate, have a Material Adverse Effect.
Appears in 1 contract
Samples: Note Purchase Agreement (Resmed Inc)
