Corporate Existence, Etc. Subject to Section 10.7, the Company will at all times preserve and keep in full force and effect its corporate existence. Subject to Sections 10.6 and 10.7, the Company will at all times preserve and keep in full force and effect the corporate, partnership or limited liability company existence of each of its Restricted Subsidiaries (unless merged into the Company or a 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, partnership or limited liability company existence, right or franchise could not, individually or in the aggregate, have a Material Adverse Effect.
Appears in 3 contracts
Samples: Note Purchase Agreement (Tetra Technologies Inc), Master Note Purchase Agreement (Tetra Technologies Inc), Note Purchase Agreement (Tetra Technologies Inc)
Corporate Existence, Etc. Subject to Section 10.710.2, the Company each Obligor will at all times preserve and keep its corporate existence in full force and effect its corporate existenceeffect. Subject to Sections 10.6 10.2 and 10.710.3, the Company each Obligor will at all times preserve and keep in full force and effect the corporate, partnership or limited liability company corporate existence of each of its Restricted Subsidiaries (unless merged into the Company either Obligor or a Restricted Wholly-Owned Subsidiary) and all rights and franchises of the Company Obligors and its Restricted 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, partnership or limited liability company corporate existence, right or franchise could would not, individually or in the aggregate, have a Material Adverse Effect.
Appears in 3 contracts
Samples: Note Purchase and Guarantee Agreement (Chicago Bridge & Iron Co N V), 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 10.710.2, the Company Obligors will at all times preserve and keep in full force and effect its their corporate or limited liability company existence. Subject to Sections 10.6 10.2 and 10.7, the Company Obligors will at all times preserve and keep in full force and effect the corporate, partnership or limited liability company corporate existence of each of its Restricted their Subsidiaries (unless merged into the Company Obligors or a Restricted Wholly‑Owned Subsidiary) and all rights and franchises of the Company Obligors and its Restricted 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, partnership corporate or limited liability company existence, right or franchise could not, individually or in the aggregate, have a Material Adverse Effect.
Appears in 3 contracts
Samples: Note Purchase Agreement (Vectren Utility Holdings Inc), Note Purchase Agreement (Vectren Utility Holdings Inc), Note Purchase Agreement (Vectren Utility Holdings Inc)
Corporate Existence, Etc. Subject to Section 10.710.2, the each Constituent Company will at all times preserve and keep its organizational existence in full force and effect its corporate existenceeffect. Subject to Sections 10.6 and 10.7Section 10.2, the each Constituent Company will at all times preserve and keep in full force and effect the corporate, partnership corporate or limited liability company other organizational existence of each of its Restricted Subsidiaries (unless merged into the Company Parent Guarantor or a Restricted Wholly-Owned Subsidiary) and all rights and franchises of the Company Parent Guarantor and its Restricted Subsidiaries unless, in the good faith judgment of the CompanyParent Guarantor, the termination of or failure to preserve and keep in full force and effect such corporate, partnership or limited liability company corporate existence, right or franchise could not, individually or in the aggregate, have a Material Adverse Effect.
Appears in 3 contracts
Samples: Note and Guaranty Agreement (Americold Realty Trust), Note and Guaranty Agreement (Americold Realty Trust), Note and Guaranty Agreement (Americold Realty Trust)
Corporate Existence, Etc. Subject to Section 10.710.2, the Company Obligors will at all times preserve and keep in full force and effect its their corporate or limited liability company existence. Subject to Sections 10.6 10.2 and 10.7, the Company Obligors will at all times preserve and keep in full force and effect the corporate, partnership or limited liability company corporate existence of each of its Restricted their Subsidiaries (unless merged into the Company Obligors or a Restricted Wholly-Owned Subsidiary) and all rights and franchises of the Company Obligors and its Restricted 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, partnership corporate or limited liability company existence, right or franchise could not, individually or in the aggregate, have a Material Adverse Effect.
Appears in 2 contracts
Samples: Note Purchase Agreement (Vectren Utility Holdings Inc), Note Purchase Agreement (Vectren Corp)
Corporate Existence, Etc. Subject to Section 10.710.2, the Company will at all times preserve and keep its corporate existence in full force and effect its corporate existenceeffect. Subject to Sections 10.6 and 10.7Section 10.2, the Company will at all times preserve and keep in full force and effect the corporate, partnership or limited liability company corporate existence of each of its Restricted Subsidiaries (other than Immaterial Subsidiaries) (unless merged into the Company or a Restricted Wholly-Owned Subsidiary) and all rights and franchises of the Company and its Restricted Subsidiaries (other than Immaterial 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, partnership or limited liability company corporate existence, right or franchise could would not, individually or in the aggregate, have a Material Adverse Effect.
Appears in 2 contracts
Samples: Master Note Purchase Agreement (T. Rowe Price OHA Select Private Credit Fund), Master Note Purchase Agreement (T. Rowe Price OHA Select Private Credit Fund)
Corporate Existence, Etc. Subject to Section 10.710.710.11, the Company will at all times preserve and keep its corporate existence in full force and effect its corporate existenceeffect. Subject to Sections 10.6 10.610.10 and 10.710.710.11, the Company will at all times preserve and keep in full force and effect the corporate, partnership or limited liability company 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, partnership or limited liability company corporate existence, right or franchise could not, individually or in the aggregate, have a Material Adverse Effect.
Appears in 2 contracts
Samples: Note Purchase Agreement (Marcus Corp), Note Purchase Agreement (Marcus Corp)
Corporate Existence, Etc. Subject to Section 10.710.6, the Company will at all times preserve and keep in full force and effect its corporate existence. Subject to Sections 10.5, 10.6 and 10.7, the Company will at all times preserve and keep in full force and effect the corporate, partnership or limited liability company 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, partnership or limited liability company corporate existence, right or franchise could notwould not 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 10.710.2, the Company each Obligor will at all times preserve and keep its corporate existence in full force and effect its corporate existenceeffect. Subject to Sections 10.6 10.2 and 10.710.3, the Company each Obligor will at all times preserve and keep in full force and effect the corporate, partnership or limited liability company corporate existence of each of its Restricted Subsidiaries Subsidiary (unless merged into the Company Company, another Obligor or a Restricted Wholly-Owned Subsidiary) and all rights and franchises of the Company such Obligor and its Restricted Subsidiaries unless, in the good faith judgment of the Companysuch Obligor, the termination of or failure to preserve and keep in full force and effect such corporate, partnership or limited liability company corporate existence, right or franchise could not, individually or in the aggregate, would not have a Material Adverse Effect.
Appears in 2 contracts
Samples: Note Purchase Agreement (Lincoln Electric Holdings Inc), Uncommitted Master Note Facility (Lincoln Electric Holdings Inc)
Corporate Existence, Etc. Subject to Section 10.710.5, the Company will at all times preserve and keep in full force and effect its corporate existence. Subject to Sections 10.6 10.5 and 10.710.6, the Company will at all times preserve and keep in full force and effect the corporate, partnership or limited liability company existence of each of its Restricted Subsidiaries (unless merged into the Company or a Restricted 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, partnership or limited liability company existence, right or franchise could not, individually or in the aggregate, have a Material Adverse Effect.
Appears in 2 contracts
Samples: Master Note Purchase Agreement (Polaris Industries Inc/Mn), Master Note Purchase Agreement (Polaris Industries Inc/Mn)
Corporate Existence, Etc. Subject to Section 10.710.2, each of the Company Issuers will at all times preserve and keep in full force and effect its corporate or limited liability company, as applicable, existence. Subject to Sections 10.6 10.2 and 10.710.3, each of the Company Issuers will at all times preserve and keep in full force and effect the corporate, partnership corporate or limited liability company company, as applicable, existence of each of its Restricted Subsidiaries (unless merged into the Company or a Restricted another Subsidiary) and all rights and franchises of the Company Issuers and its Restricted their Subsidiaries unless, in the good faith judgment of the Companysuch Issuer, the termination of or failure to preserve and keep in full force and effect such corporate, partnership corporate or limited liability company company, as applicable, existence, right or franchise could would not, individually or in the aggregate, have a Material Adverse Effect.
Appears in 2 contracts
Samples: Note Purchase Agreement (Curtiss Wright Corp), Note Purchase Agreement (Curtiss Wright Corp)
Corporate Existence, Etc. Subject to Section 10.7Sections 10.5 and 10.6, the Company each Obligor will at all times preserve and keep in full force and effect its corporate existence. Subject to Sections 10.6 , and 10.7, the Company will at all times preserve and keep in full force and effect the corporate, partnership or limited liability company corporate existence of each of its Restricted Subsidiaries (unless such Restricted Subsidiary is merged into the Company an Obligor or a Restricted Subsidiary) and all rights and franchises of the Company Obligors and its their Restricted 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, partnership or limited liability company corporate existence, right or franchise could would not, individually or in the aggregate, to have a Material Adverse Effect.
Appears in 2 contracts
Samples: Note Purchase Agreement (Family Dollar Stores Inc), Note Purchase Agreement (Family Dollar Stores Inc)
Corporate Existence, Etc. Subject to Section 10.7, each of the Trust and the Company will at all times preserve and keep in full force and effect its corporate existence. Subject to Sections 10.6 Each of the Trust and 10.7, the Company will at all times preserve and keep in full force and effect the corporate, partnership or limited liability company corporate existence of each of its Restricted Subsidiaries (unless merged into the Trust or the Company or a Restricted another Subsidiary) and all rights and franchises of each of the Trust, the Company and its Restricted Subsidiaries that are Material to the conduct of their business unless, in the good faith judgment of the Trust or the Company, the termination of or failure to preserve and keep in full force and effect such corporate, partnership or limited liability company corporate existence, right or franchise could would not, individually or in the aggregate, have a Material Adverse Effect.
Appears in 1 contract
Samples: Note Purchase Agreement (Dividend Capital Trust Inc)
Corporate Existence, Etc. Subject to Section 10.710.2, the Company will at all times preserve and keep its corporate existence in full force and effect its corporate existenceeffect. Subject to Sections 10.6 and 10.7Section 10.2, the Company will at all times preserve and keep in full force and effect the corporate, partnership or limited liability company corporate existence of each of its Restricted Subsidiaries (other than Immaterial Subsidiaries) (unless merged into the Company or a Restricted Wholly-Owned Subsidiary) and all rights and franchises of the Company and its Restricted Subsidiaries (other than Immaterial 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, partnership or limited liability company corporate existence, right or franchise could would not, individually or in the aggregate, have a Material Adverse Effect.. HPS CORPORATE LENDING FUND NOTE PURCHASE AGREEMENT
Appears in 1 contract
Samples: Master Note Purchase Agreement (HPS Corporate Lending Fund)
Corporate Existence, Etc. Subject to Section 10.710.2, the Company will at all times preserve and keep its corporate existence in full force and effect its corporate existenceeffect. Subject to Sections 10.6 10.2 and 10.710.8, the Company will at all times preserve and keep in full force and effect the corporate, partnership or limited partnership, limited liability company or other applicable existence of each of its Restricted Subsidiaries (unless merged into the Company or a Restricted 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, partnership or limited liability company corporate existence, right or franchise could not, individually or in the aggregate, have a Material Adverse Effect.
Appears in 1 contract
Samples: Note Purchase Agreement (Global Water Resources, Inc.)
Corporate Existence, Etc. Subject to Section 10.710.2, the Company will at all times preserve and keep its corporate, limited liability company or other existence in full force and effect its corporate existenceeffect. Subject to Sections 10.6 and 10.7Section 10.2, the Company will at all times preserve and keep in full force and effect the corporate, partnership or limited liability company or other existence of each of its Restricted Subsidiaries (unless merged into the Company or a Restricted 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, partnership or limited liability company corporate existence, right or franchise could would not, individually or in the aggregate, have a Material Adverse Effect.
Appears in 1 contract
Samples: Master Note Purchase Agreement (BlackRock Capital Investment Corp)
Corporate Existence, Etc. Subject to Section 10.710.6, the Company each Obligor will at all times preserve and keep in full force and effect its corporate or other organizational existence. Subject to Sections 10.6 10.5 and 10.710.6, the Company Obligors will at all times preserve and keep in full force and effect the corporate, partnership or limited liability company legal existence of each of its the Restricted Subsidiaries (unless merged into the Company or a Restricted Subsidiaryanother Obligor) and all rights and franchises of the Company each Obligor and its their Restricted 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, partnership or limited liability company legal existence, right or franchise could would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.
Appears in 1 contract
Samples: Note Purchase Agreement (Belk Inc)
Corporate Existence, Etc. Subject to Section 10.710.2, the Company will at all times preserve and keep its corporate existence in full force and effect its corporate existenceeffect. Subject to Sections 10.6 10.2 and 10.710.8, the Company will at all times preserve and keep in full force and effect the corporate, partnership or limited partnership, limited liability company or other applicable existence of each of its Restricted Subsidiaries (unless merged into or otherwise consolidated with the Company or a Restricted 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, partnership or limited liability company corporate existence, right or franchise could not, individually or in the aggregate, have a Material Adverse Effect.
Appears in 1 contract
Samples: Note Purchase Agreement (Global Water Resources, Inc.)
Corporate Existence, Etc. Subject to Section 10.710.4 and Section 10.5, if applicable, the Company will at all times preserve and keep its corporate existence in full force and effect its corporate existenceeffect. Subject to Sections 10.6 10.4 and 10.710.5, if applicable, the Company will at all times preserve and keep in full force and effect the corporate, partnership or limited liability company corporate existence of each of its Restricted Subsidiaries (unless merged into the Company or a Restricted 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 dissolution, termination of or failure to preserve and keep in full force and effect such corporate, partnership or limited liability company corporate existence, right or franchise could would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.
Appears in 1 contract
Samples: Note Purchase Agreement (Parexel International Corp)
Corporate Existence, Etc. Subject to Section 10.710.4, the Company will at all times preserve and keep in full force and effect its corporate existence. Subject to Sections 10.6 10.4 and 10.710.5, the Company will at all times preserve and keep in full force and effect the corporate, partnership corporate or limited liability company other legal 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, partnership or limited liability company corporate existence, right or franchise could not, would not individually or in the aggregate, aggregate have a Material Adverse Effect.
Appears in 1 contract
Samples: Note Purchase Agreement (Worthington Industries Inc)
Corporate Existence, Etc. Subject to Section 10.7Sections 10.2 and 10.8, the Company Obligors will at all times preserve and keep in full force and effect its their respective corporate existence. Subject to Sections 10.6 existences, and 10.7, the Company Obligors will at all times preserve and keep in full force and effect the corporate, partnership or limited liability company corporate existence of each of its Restricted their Subsidiaries (unless merged into the Company or a Restricted Subsidiary) and all rights and franchises of the Company Obligors and its Restricted their Subsidiaries unless, in the good faith judgment of the CompanyGuarantor, 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, partnership or limited liability company existence, right or franchise could not, individually or in the aggregate, have a Material Adverse Effect.
Appears in 1 contract
Corporate Existence, Etc. Subject to Section 10.7, the Company will at all times preserve and keep its limited liability company existence in full force and effect its corporate existenceeffect. Subject to Sections 10.6 and 10.7, the Company will at all times preserve and keep in full force and effect the corporate, partnership or limited liability company or other applicable existence of each of its Restricted Subsidiaries (unless merged into the Company or a Restricted 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, partnership or limited liability company or other applicable existence, right or franchise could not, individually or in the aggregate, have a Material Adverse Effect.
Appears in 1 contract
Samples: Note Purchase Agreement (Macquarie Infrastructure CO LLC)