Common use of Corporate Existence, Etc Clause in Contracts

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 36 contracts

Samples: Note Purchase Agreement, Note Purchase Agreement (Kayne Anderson Energy Infrastructure Fund, Inc.), Securities Purchase Agreement (Kayne Anderson Energy Infrastructure Fund, Inc.)

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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: Sixteenth Supplemental Indenture (New Jersey Resources Corp), Supplemental Indenture (New Jersey Resources Corp), Supplemental Indenture (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: Assignment and Assumption (Family Dollar Stores Inc), Day Credit Agreement (Family Dollar Stores Inc), Day Credit Agreement (Family Dollar Stores Inc)

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 10.2Article 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 3 contracts

Samples: efis.psc.mo.gov, efis.psc.mo.gov, Bond Purchase Agreement (Empire District Electric Co)

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 CompanyBorrower, 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 3 contracts

Samples: Credit Agreement (Family Dollar Stores Inc), Credit Agreement (Family Dollar Stores Inc), Credit Agreement (Family Dollar Stores 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, 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), Indenture (New Jersey Resources 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), Change of Control Agreement (Hickory Tech Corp)

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: Guaranty Agreement (Otter Tail Corp), Intercreditor Agreement (Otter Tail 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 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

Samples: Note Purchase Agreement (Ugi Corp /Pa/)

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

Samples: Guarantee Agreement (Spirent PLC)

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: Guaranty Agreement (Insituform Technologies 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

Samples: Note Purchase Agreement (Borders Group Inc)

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

Samples: Note Purchase Agreement (DENTSPLY SIRONA 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

Samples: American Homestar 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, 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

Samples: Master Note Purchase Agreement (CHS 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 10.210.8, 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

Samples: Note Purchase Agreement (Nui Corp /Nj/)

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

Samples: Note Purchase Agreement (Tupperware Corp)

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

Samples: Note Purchase Agreement (LTC Properties Inc)

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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

Samples: Guaranty Agreement (Schneider National, 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 10.210.6, 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 10.210.5, 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: Agreement (Waddell & Reed Financial Inc)

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

Samples: Notes Financing Documents (Southeast Airport Group)

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 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: Guaranty Agreement (Primoris Services Corp)

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: Subsidiary Guaranty Agreement (Fastenal 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

Samples: Note Purchase Agreement (CSS Industries Inc)

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

Samples: Note Purchase Agreement (Aecom Technology 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

Samples: Note Purchase Agreement (Ims Health 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 10.210.8, 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. Section 9.6.

Appears in 1 contract

Samples: Note Purchase Agreement (Sonic 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 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

Samples: Eastgroup Properties 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 10.9 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

Samples: Note Purchase Agreement (Tecumseh Products Co)

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: Agreement (Kayne Anderson MLP Investment CO)

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