Corporate Existence, Etc. Subject to Section 10.2, the Company will at all times preserve and keep in full force and effect its corporate existence. Subject to Section 10.2, the Company will at all times preserve and keep in full force and effect all rights and franchises of the Company 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 38 contracts
Samples: Note Purchase Agreement, Securities Purchase Agreement (Kayne Anderson Energy Infrastructure Fund, Inc.), Note Purchase Agreement (Kayne Anderson Energy Infrastructure Fund, Inc.)
Corporate Existence, Etc. Subject to Section 10.210.6, the Company will at all times preserve and keep in full force and effect 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 all rights and franchises of the Company 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 notnot reasonably be expected, individually or in the aggregate, to have a Material Adverse Effect.
Appears in 7 contracts
Samples: Note Purchase Agreement (New Jersey Resources Corp), Note Purchase Agreement (New Jersey Resources Corp), Note Purchase Agreement (New Jersey Resources Corp)
Corporate Existence, Etc. Subject to Except as permitted by Section 10.210.2 or Section 10.3, the Company will at all times preserve and keep in full force and effect its corporate existence. Subject to Section 10.2, the Company will at existence and all times preserve and keep in full force and effect all its rights and franchises of the Company 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 5 contracts
Samples: 364 Day Credit Agreement (Family Dollar Stores Inc), 364 Day Credit Agreement (Family Dollar Stores Inc), Credit Agreement (Family Dollar Stores Inc)
Corporate Existence, Etc. Subject to Section 10.2, the The Company will at all times preserve and keep in full force and effect its corporate existence. Subject to Section 10.210.3 and Section 10.4, the Company will at all times preserve and keep in full force and effect the corporate existence of each of its Subsidiaries 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: Loan and Security Agreement (Cityxpress Com Corp), Note Purchase Agreement (Lee Enterprises Inc), Investment Agreement (Cityxpress Com Corp)
Corporate Existence, Etc. Subject to Section 10.2, the Company will at all times preserve and keep its limited liability company existence in full force and effect its corporate existenceeffect. Subject to Section 10.2Sections 10.2 and 10.4, the Company will at all times preserve and keep in full force and effect all rights and franchises of the Company 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 (Bloom Energy Corp), Note Purchase Agreement (Bloom Energy Corp), Note Purchase Agreement (Bloom Energy Corp)
Corporate Existence, Etc. Subject to Section 10.29.1, the Company will at all times preserve and keep in full force and effect its corporate existence. Subject to Section 10.2, the Company will at all times preserve and keep in full force and effect all rights and franchises of the Company 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 expected to have a Material Adverse Effect.
Appears in 2 contracts
Samples: Note Agreement (Primerica, Inc.), Note Agreement (Primerica, Inc.)
Corporate Existence, Etc. Subject to Section 10.2, the The Company will at all times preserve and keep in full force and effect 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 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 (American Homestar Corp), Note Purchase Agreement (Hickory Tech Corp)
Corporate Existence, Etc. Subject to Section 10.2Article Twelve of the Mortgage, the Company will at all times preserve and keep in full force and effect its corporate existence. Subject to Section 10.2, the The Company will at all times preserve and keep in full force and effect all rights and franchises of the Company 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.failure
Appears in 2 contracts
Corporate Existence, Etc. 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 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 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 (Otter Tail Corp), Note Purchase Agreement (Otter Tail Corp)
Corporate Existence, Etc. Subject to Section 10.210.6, the Company will at all times preserve and keep in full force and effect 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 all rights and franchises of the Company 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 notnot reasonably be expected, individually or in the aggregate, to have a Material Adverse Effect.
Appears in 2 contracts
Samples: Note Purchase Agreement (New Jersey Resources Corp), Note Purchase Agreement (New Jersey Resources Corp)
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 its corporate existence. Subject to Section 10.2, the Company and will at all times preserve and keep in full force and effect all rights and franchises of the Company such Obligor 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 (Stone Point Credit Corp), Note Purchase Agreement (Stone Point Credit Corp)
Corporate Existence, Etc. Subject to Section 10.2Sections 4.5 and 4.6, the Company will at all times preserve and keep in full force and effect its corporate existence. Subject to Section 10.2, the Company existence and will at all times preserve and keep in full force and effect the corporate existence of each of its Restricted Subsidiaries 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 Agreement (Simpson Industries Inc), Note Agreement (Simpson Industries Inc)
Corporate Existence, Etc. Subject to Section 10.2, the The Company will at all times preserve and keep in full force and effect 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 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 (Schulman a Inc), Note Purchase Agreement (Nn Inc)
Corporate Existence, Etc. Subject to Section 10.2, the The Company will at all times preserve and keep in full force and effect 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 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 (Bindley Western Industries Inc)
Corporate Existence, Etc. Subject to Section 10.2, the The Company will at all times preserve and keep in full force and effect 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 existence of each of its Subsidiaries 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 effect its corporate existenceeffect. 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 Subsidiary (unless merged into the Company or a Wholly-Owned Subsidiary) and all rights and franchises of the Company 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.of
Appears in 1 contract
Corporate Existence, Etc. Subject to Section 10.2, the Company will at all times preserve and keep in full force and effect its corporate existence. Subject to Section 10.2, the Company will at all times preserve and keep in full force and effect all rights and franchises of the Company 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.. Xxxxx Xxxxxxxx MLP Investment Company Note Purchase Agreement
Appears in 1 contract
Samples: Note Purchase Agreement (Kayne Anderson MLP Investment CO)
Corporate Existence, Etc. Subject to Section 10.2, the The Company will at all times preserve and keep in full force and effect 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 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 the corporate existence, existence of any Subsidiary or any right or franchise would could not, individually or in the aggregate, have a Material Adverse Effect.
Appears in 1 contract
Corporate Existence, Etc. The Company will at all times preserve and keep its corporate existence in full force and effect. 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 corporate existence. Subject to Section 10.2, Subsidiaries (unless merged into the Company will at all times preserve or a Wholly-Owned Subsidiary) and keep in full force and effect all rights and franchises of the Company unless, in the good faith judgment of the Company, and its Subsidiaries 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, have a Material Adverse Effect.
Appears in 1 contract
Samples: Note Purchase Agreement (Copart 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 Sections 10.2 and 10.7, the Company will at all times preserve and keep in full force and effect its corporate existence. Subject to Section 10.2, the Company will at all times preserve and keep in full force and effect all rights and franchises of the Company 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.corporate
Appears in 1 contract
Corporate Existence, Etc. Subject to Section 10.2, the Company will at all times preserve and keep in full force and effect 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 Restricted Subsidiaries 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 1 contract
Corporate Existence, Etc. Subject to Section 10.210.6, the Company will at all times preserve and keep in full force and effect 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 Restricted Subsidiaries 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 1 contract
Samples: Private Shelf Agreement (Oceaneering International Inc)
Corporate Existence, Etc. Subject to Section 10.2, the The Company will at all times preserve and keep in full force and effect 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 Restricted Subsidiaries and all rights and franchises of the Company and its Restricted Subsidiaries unless, in the good faith judgment of the Company, 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 10.210.3, the Company will at all times preserve and keep in full force and effect 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 the other Note Parties (unless merged into the Company or another Note Party) and all rights and franchises of the Company and the other Note Parties 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 and Private Shelf Agreement (Primoris Services Corp)
Corporate Existence, Etc. Subject to Section 10.2, the Company will at all times preserve and keep in full force and effect its corporate existence. Subject to Section 10.2, Xxxxx Xxxxxxxx Midstream/Energy Fund, Inc. Note Purchase Agreement the Company will at all times preserve and keep in full force and effect all rights and franchises of the Company 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 (Kayne Anderson Midstream/Energy Fund, Inc.)
Corporate Existence, Etc. Subject to transactions permitted under Section 10.210.1, the Company will at all times preserve and keep in full force and effect its corporate existence. Subject to Section 10.2, existence and the Company will at all times preserve and keep in full force and effect all rights and franchises of the Company 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
Corporate Existence, Etc. Subject to Section 10.2, the Company will at all times preserve and keep in full force and effect its corporate existence. Subject to Section 10.2, the Company will at all times preserve existence and keep in full force and effect all rights and franchises of the Company 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. The Company will engage only in the businesses contemplated under the Transaction Documents.
Appears in 1 contract
Corporate Existence, Etc. Subject to Section 10.2, the The Company will at all times preserve and keep in full force and effect its corporate existence. Subject to Section 10.2Sections 10.9 and 10.10, the Company will at all times preserve and keep in full force and effect the corporate existence of each of its Subsidiaries 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 10.210.5, the Company will at all times preserve and keep in full force and effect its corporate existence. Subject to Section 10.2, existence and the corporate existence of each of its Subsidiaries (unless merged into the Company will at all times preserve or a Wholly-Owned Subsidiary) and keep in full force and effect 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 (Waddell & Reed Financial Inc)
Corporate Existence, Etc. Subject to Section 10.2, the The Company will at all times preserve and keep in full force and effect its corporate existence. Subject to Section 10.210.7(a)(i), the Company will at all times preserve and keep in full force and effect the corporate or other existence of each of its Subsidiaries 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 (Insituform 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 Sections 10.2, the Company will at all times preserve and keep in full force and effect the corporate or other applicable existence of each of its corporate existence. Subject to Section 10.2, material Subsidiaries (unless merged into the Company will at all times preserve and keep in full force and effect all rights and franchises of the Company 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.a
Appears in 1 contract
Samples: Note Purchase Agreement
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 its corporate existence. Subject to Section 10.2, and the Company will at all times preserve and keep in full force and effect all rights and franchises of the Company 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 10.210.3, the Company will at all times preserve and keep in full force and effect its corporate existence. Subject to Section 10.2, or similar existence and the corporate or similar existence of each of its Subsidiaries (unless merged into the Company will at all times preserve or a Wholly-Owned Subsidiary) and keep in full force and effect 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. 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 corporate existence. Subject to Section 10.2, the Company will at all times preserve Subsidiaries and keep in full force and effect 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: Master Note Agreement (Fastenal Co)
Corporate Existence, Etc. Subject to Section 10.2Article Twelve of the Mortgage, the Company will at all times preserve and keep in full force and effect its corporate existence. Subject to Section 10.2, the The Company will at all times preserve and keep in full force and effect all rights and franchises of the Company 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: Bond Purchase Agreement (Empire District Electric Co)
Corporate Existence, Etc. Subject to Section 10.2, the The Company will at all times preserve and keep in full force and effect its corporate existence. Subject to Section 10.210.8, the Company will at all times preserve and keep in full force and effect the corporate existence of each of its Restricted Subsidiaries 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 1 contract
Samples: Note Purchase Agreement (Sonic Corp)
Corporate Existence, Etc. Subject to Section 10.210.4, the Company will at all times preserve and keep in full force and effect its corporate existence. Subject to Section 10.2, existence and the corporate existence of each of its Subsidiaries (unless merged into the Company will at all times preserve or a Subsidiary) and keep in full force and effect 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, existence of any Subsidiary or any such right or franchise would notnot reasonably be expected, individually or in the aggregate, to have a Material Materially Adverse Effect.
Appears in 1 contract
Corporate Existence, Etc. Subject to Section 10.2, the Company will at all times preserve and keep in full force and effect its corporate existence. Subject to Section 10.210.2 and Section 10.4, the Company will at all times preserve and keep in full force and effect the corporate existence of each of its Material Subsidiaries 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 could not, individually or in the aggregate, have a Material Adverse Effect.
Appears in 1 contract
Corporate Existence, Etc. Subject to Section 10.2Sections 10.4 and 10.5, the Company will at all times preserve and keep in full force and effect its corporate existence. Subject to Section 10.2, the Company and will at all times preserve and keep in full force and effect all rights and franchises the corporate existence of the Company each of 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 existence 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 in full force and effect its corporate existence. Subject to Section 10.2, the Company existence and will at all times preserve and keep in full force and effect all rights and franchises the corporate existence of each of its Subsidiaries, except to the Company unlessextent that, in the good faith judgment of the Company, the termination of or failure with respect 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.DB1/ 84912103.8 26
Appears in 1 contract
Corporate Existence, Etc. Subject to Section 10.2, the The Company will at all times preserve and keep in full force and effect its corporate existence. Subject to Section 10.210.8, the Company will at all times preserve and keep in full force and effect the corporate existence of each of its Subsidiaries 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 the corporate existence, existence of any Subsidiary or any right or franchise would could not, individually or in the aggregate, have a Material Adverse Effect.
Appears in 1 contract