Common use of Corporate Existence; Franchises; Maintenance of Properties Clause in Contracts

Corporate Existence; Franchises; Maintenance of Properties. The Borrowers will, and will cause each of their Material Subsidiaries to, (i) except as expressly permitted otherwise by Section 8.1, maintain and preserve in full force and effect its legal existence, (ii) obtain, maintain and preserve in full force and effect all other rights, franchises, licenses, permits, certifications, approvals and authorizations required by Governmental Authorities and necessary to the ownership, occupation or use of its properties or the conduct of its business, except to the extent the failure to do so would not be reasonably likely to have a Material Adverse Effect, (iii) continue to conduct and operate its businesses substantially as conducted and operated during the present and preceding fiscal years and (iv) keep all material properties in good working order and condition (normal wear and tear excepted) and from time to time make all necessary repairs to and renewals and replacements of such properties, except to the extent that any of such properties are obsolete or are being replaced.

Appears in 4 contracts

Samples: Credit Agreement (Everest Re Group LTD), Credit Line Agreement (Everest Re Group LTD), Credit Agreement (Everest Re Group LTD)

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Corporate Existence; Franchises; Maintenance of Properties. The Borrowers Company will, and will shall cause the Parent and each of their Material Subsidiaries to, (i) except as expressly permitted otherwise by Section 8.1, maintain and preserve in full force and effect its legal corporate existence, except as expressly otherwise permitted otherwise by Section 9(a), (ii) obtain, maintain and preserve in full force and effect all other rights, franchises, licenses, permits, certifications, approvals and authorizations required by Governmental Authorities and necessary to the ownership, occupation or use of its properties or the conduct of its business, except to the extent the failure to do so would not be reasonably likely to have a Material Adverse Effect, and (iii) continue to conduct and operate its businesses substantially as conducted and operated during the present and preceding fiscal years and (iv) keep all material properties in good working order and condition (normal wear and tear excepted) and from time to time make all necessary repairs to and renewals and replacements of such properties, except to the extent that any of such properties are obsolete or are being replaced.

Appears in 2 contracts

Samples: Bridge Note Purchase Agreement (Horizon PCS Inc), Bridge Note Purchase Agreement (Horizon Personal Communications Inc)

Corporate Existence; Franchises; Maintenance of Properties. The Borrowers Matria will, and will cause each of their Material its Subsidiaries to, (i) except as expressly permitted otherwise by Section 8.1, maintain and preserve in full force and effect its legal corporate existence, except as expressly permitted otherwise by SECTION 8.1, (ii) obtain, maintain and preserve in full force and effect all other rights, franchises, licenses, permits, certifications, approvals approvals, authorizations and authorizations other Licenses, and all Reimbursement Approvals, required by Governmental Authorities and necessary to the ownership, occupation or use of its properties or the conduct of its business, except to the extent the failure to do so would not be reasonably likely to have a Material Adverse Effect, and (iii) continue to conduct and operate its businesses substantially as conducted and operated during the present and preceding fiscal years and (iv) keep all material properties in good working order and condition (normal wear and tear excepted) and from time to time make all necessary repairs to and renewals and replacements of such properties, except to the extent that any of such properties are obsolete or are being replaced.

Appears in 2 contracts

Samples: Credit Agreement (Matria Healthcare Inc), Credit Agreement (Matria Healthcare Inc)

Corporate Existence; Franchises; Maintenance of Properties. The Borrowers Credit Parties will, and will cause each of their Material Subsidiaries to, (i) except as expressly permitted otherwise by Section 8.1, maintain and preserve in full force and effect its legal existence, (ii) obtain, maintain and preserve in full force and effect all other rights, franchises, licenses, permits, certifications, approvals and authorizations required by Governmental Authorities and necessary to the ownership, occupation or use of its properties or the conduct of its business, except to the extent the failure to do so would not reasonably be reasonably likely expected to have a Material Adverse Effect, (iii) continue to conduct and operate its businesses substantially as conducted and operated during the present and preceding fiscal years and (iv) keep all material properties in good working order and condition (normal wear and tear excepted) and from time to time make all necessary repairs to and renewals and replacements of such properties, except to the extent that any of such properties are obsolete or are being replaced.

Appears in 2 contracts

Samples: Credit Agreement (Platinum Underwriters Holdings LTD), Credit Agreement (Platinum Underwriters Holdings LTD)

Corporate Existence; Franchises; Maintenance of Properties. The Borrowers Borrower will, and will cause each of their Material its Subsidiaries to, (i) except as expressly permitted otherwise by Section 8.1, maintain and preserve in full force and effect its legal corporate existence, except as expressly permitted otherwise by SECTION 8.1, (ii) obtain, maintain and preserve in full force and effect all other rights, franchises, licenses, permits, certifications, approvals and authorizations required by Governmental Authorities and necessary to the ownership, occupation or use of its properties or the conduct of its business, except to the extent the failure to do so would not be reasonably likely to have a Material Adverse Effect, and (iii) continue to conduct and operate its businesses substantially as conducted and operated during the present and preceding fiscal years and (iv) keep all material properties in good working order and condition (normal wear and tear excepted) and from time to time make all necessary repairs to and renewals and replacements of such properties, except to the extent that any of such properties are obsolete or are being replaced.

Appears in 2 contracts

Samples: Credit Agreement (Lason Inc), Credit Agreement (Concentra Managed Care Inc)

Corporate Existence; Franchises; Maintenance of Properties. The Borrowers Borrower will, and will cause each of their Material its Subsidiaries to, (i) except as expressly permitted otherwise by Section 8.1, maintain and preserve in full force and effect its legal their respective organizational or corporate existence, except as expressly permitted otherwise by SECTION 7.1, (ii) obtain, maintain and preserve in full force and effect all other rights, Licenses, franchises, licenses, permits, certifications, approvals and approvals, authorizations required by Governmental Authorities or the Insurance Regulatory Authority, as the case may be, and necessary to the ownership, occupation or use of its their respective properties or the conduct of its their respective business, except to the extent the failure to do so would not be reasonably likely to have a Material Adverse Effect, and (iii) continue to conduct and operate its businesses substantially as conducted and operated during the present and preceding fiscal years and (iv) keep all material properties in good working order and condition (normal wear and tear excepted) and from time to time make all necessary repairs to and renewals and replacements of such properties, except to the extent that any of such properties are obsolete or are being replaced.

Appears in 1 contract

Samples: Credit Agreement (Radian Group Inc)

Corporate Existence; Franchises; Maintenance of Properties. The Borrowers Each of the Credit Parties will, and will cause each of their Material its Subsidiaries toto (a) maintain and preserve in full force and effect its corporate existence, (i) except as expressly permitted otherwise by Section 8.1, maintain and preserve in full force and effect its legal existence, (iib) obtain, maintain and preserve in full force and effect all other rights, franchises, licenses, permits, certifications, approvals approvals, authorizations and authorizations other Licenses, and all Reimbursement Approvals, required by Governmental Authorities and necessary to the ownership, occupation or use of its properties or the conduct of its business, except to the extent the failure to do so would not have or be reasonably likely to have a Material Adverse Effect, (iii) continue to conduct and operate its businesses substantially as conducted and operated during the present and preceding fiscal years Effect and (ivc) keep all material properties in good working order and condition (normal wear and tear excepted) and from time to time make all necessary repairs to and renewals and replacements of such properties, except to the extent that any of such properties are obsolete or are being replaced.

Appears in 1 contract

Samples: Credit Agreement (Orthodontic Centers of America Inc /De/)

Corporate Existence; Franchises; Maintenance of Properties. The Borrowers Borrower will, and will cause each of their Material its Subsidiaries (including all Excluded Subsidiaries) to, (i) except as expressly permitted otherwise by Section 8.1, maintain and preserve in full force and effect its legal corporate existence, except as expressly permitted otherwise by SECTION 11.1, (ii) obtain, maintain and preserve in full force and effect all other rights, franchises, licenses, permits, certifications, approvals approvals, authorizations and authorizations other Licenses, and all Reimbursement Approvals, required by Governmental Authorities and necessary to the ownership, occupation or use of its properties or the conduct of its business, except to the extent the failure to do so would not be reasonably likely to have a Material Adverse Effect, and (iii) continue to conduct and operate its businesses substantially as conducted and operated during the present and preceding fiscal years and (iv) keep all material properties in good working order and condition (normal wear and tear excepted) and from time to time make all necessary repairs to and renewals and replacements of such properties, except to the extent that any of such properties are obsolete or are being replaced; provided that it is acknowledged that Radiation Therapy Payroll Services, Inc. is currently inactive.

Appears in 1 contract

Samples: Credit Agreement (Radiation Therapy Services Inc)

Corporate Existence; Franchises; Maintenance of Properties. The Borrowers Borrower will, and will cause each of their Material its Subsidiaries to, (i) except as expressly permitted otherwise by Section 8.1, maintain and preserve in full force and effect its legal corporate existence, (ii) obtain, maintain and preserve in full force and effect all other rights, franchises, licenses, permits, certifications, approvals and authorizations required by Governmental Authorities and necessary to the ownership, occupation or use of its properties or the conduct of its business, except to the extent the failure to do so would not be reasonably likely to have a Material Adverse Effect, (iii) continue to conduct and operate its businesses substantially as conducted and operated during the present and preceding fiscal years and (iv) keep all material properties in good working order and condition (normal wear and tear excepted) and from time to time make all necessary repairs to and renewals and replacements of such properties, except to the extent that any of such properties are obsolete or are being replaced.

Appears in 1 contract

Samples: Credit Agreement (Everest Reinsurance Holdings Inc)

Corporate Existence; Franchises; Maintenance of Properties. The Borrowers OCA will, and will cause each of their Material its Subsidiaries to, (i) except as expressly permitted otherwise by Section 8.1, maintain and preserve in full force and effect its legal corporate existence, except as expressly permitted otherwise by SECTION 8.1, (ii) obtain, maintain and preserve in full force and effect all other rights, franchises, licenses, permits, certifications, approvals approvals, authorizations and authorizations other Licenses, and all Reimbursement Approvals, required by Governmental Authorities and necessary to the ownership, occupation or use of its properties or the conduct of its business, except to the extent the failure to do so would not be reasonably likely to have a Material Adverse Effect, and (iii) continue to conduct and operate its businesses substantially as conducted and operated during the present and preceding fiscal years and (iv) keep all material properties in good working order and condition (normal wear and tear excepted) and from time to time make all necessary repairs to and renewals and replacements of such properties, except to the extent that any of such properties are obsolete or are being replaced.

Appears in 1 contract

Samples: Credit Agreement (Orthodontic Centers of America Inc /De/)

Corporate Existence; Franchises; Maintenance of Properties. The Borrowers will, and the Borrowers will cause each of their Material respective Subsidiaries to, (i) except as expressly permitted otherwise by Section 8.1, maintain and preserve in full force and effect its legal their respective organizational or corporate existence, except as expressly permitted otherwise by Section 7.1, (ii) obtain, maintain and preserve in full force and effect all other rights, Licenses, franchises, licenses, permits, certifications, approvals and approvals, authorizations required by Governmental Authorities or the Insurance Regulatory Authority, as the case may be, and necessary to the ownership, occupation or use of its their respective properties or the conduct of its their respective business, except to the extent the failure to do so would not be reasonably likely to have a Material Adverse Effect, and (iii) continue to conduct and operate its businesses substantially as conducted and operated during the present and preceding fiscal years and (iv) keep all material properties in good working order and condition (normal wear and tear excepted) and from time to time make all necessary repairs to and renewals and replacements of such properties, except to the extent that any of such properties are obsolete or are being replacedreplaced or where the failure to so comply with this clause (iii) is not reasonably likely to have, individually or in the aggregate, a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Selective Insurance Group Inc)

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Corporate Existence; Franchises; Maintenance of Properties. The Borrowers Borrower will, and will cause each of their Material its Subsidiaries to, (i) except as expressly permitted otherwise by Section 8.17.1, maintain and preserve in full force and effect its legal existence, (ii) obtain, maintain and preserve in full force and effect all other rights, franchises, licenses, permits, certifications, approvals and authorizations required by Governmental Authorities and necessary to the ownership, occupation or use of its properties or the conduct of its business, except to the extent the failure to do so would could not reasonably be reasonably likely expected to have a Material Adverse Effect, (iii) continue to conduct and operate its businesses substantially as conducted and operated during the present and preceding fiscal years and (iv) keep all material properties in good working order and condition (normal wear and tear excepted) and from time to time make all necessary repairs to and renewals and replacements of such properties, except to the extent that any of such properties are obsolete or are being replaced.

Appears in 1 contract

Samples: Credit Agreement (KMG America CORP)

Corporate Existence; Franchises; Maintenance of Properties. The Borrowers Each Credit Party will, and will cause each of their its Material Subsidiaries to, (i) except as expressly permitted otherwise by Section 8.1, maintain and preserve in full force and effect its legal existence, (ii) obtain, maintain and preserve in full force and effect all other rights, franchises, licenses, permits, certifications, approvals and authorizations required by Governmental Authorities and necessary to the ownership, occupation or use of its properties or the conduct of its business, except to the extent the failure to do so would not reasonably be reasonably likely expected to have a Material Adverse Effect, (iii) continue to conduct and operate its businesses substantially as conducted and operated during the present and preceding fiscal years Fiscal Years and (iv) keep all material properties in good working order and condition (normal wear and tear excepted) and from time to time make all necessary repairs to and renewals and replacements of such properties, except to the extent that any of such properties are obsolete or are being replaced.

Appears in 1 contract

Samples: Credit Agreement (Platinum Underwriters Holdings LTD)

Corporate Existence; Franchises; Maintenance of Properties. The Borrowers Borrower will, and will cause each of their its Material Subsidiaries to, (i) except as expressly permitted otherwise by Section 8.17.1, maintain and preserve in full force and effect its legal existence, (ii) obtain, maintain and preserve in full force and effect all other rights, franchises, licenses, permits, certifications, approvals and authorizations required by Governmental Authorities and necessary to the ownership, occupation or use of its properties or the conduct of its business, except to the extent the failure to do so would not be reasonably likely to have a Material Adverse Effect, (iii) continue to conduct and operate its businesses substantially as conducted and operated during the present and preceding fiscal years and (iv) keep all material properties in good working order and condition (normal wear and tear excepted) and from time to time make all necessary repairs to and renewals and replacements of such properties, except to the extent that any of such properties are obsolete or are being replaced.

Appears in 1 contract

Samples: Credit Agreement (Everest Re Group LTD)

Corporate Existence; Franchises; Maintenance of Properties. The Borrowers Borrower will, and will cause each of their Material the Borrower's Subsidiaries to, (i) except as expressly permitted otherwise by Section 8.1, subject to SECTION 7.1 maintain and preserve in full force and effect its legal corporate existence, (ii) obtain, maintain and preserve in full force and effect all other rights, franchises, licenses, permits, certifications, approvals and authorizations required by Governmental Authorities and necessary to the ownership, occupation or use of its properties or the conduct of its business, except to the extent the failure to do so would not be reasonably likely to have a Material Adverse Effect, (iii) continue to conduct and operate its businesses substantially as conducted and operated during the present and preceding fiscal years and (iv) keep all material properties in good working order and condition (normal wear and tear excepted) and from time to time make all necessary repairs to and renewals and replacements of such properties, except to the extent that any of such properties are obsolete or are being replaced.

Appears in 1 contract

Samples: Credit Agreement (Everest Reinsurance Holdings Inc)

Corporate Existence; Franchises; Maintenance of Properties. The Borrowers Borrower will, and will cause each of their Material its Subsidiaries (other than Immaterial Subsidiaries) to, (i) except as expressly permitted otherwise by Section 8.1, maintain and preserve in full force and effect its legal corporate existence, except as expressly permitted otherwise by Section 10.1, (ii) obtain, maintain and preserve in full force and effect all other rights, franchises, licenses, permits, certifications, approvals and authorizations required by Governmental Authorities and necessary to the ownership, occupation or use of its properties or the conduct of its business, except to the extent the failure to do so would not be reasonably likely to have a Material Adverse Effect, and (iii) continue to conduct and operate its businesses substantially as conducted and operated during the present and preceding fiscal years and (iv) keep all material properties in good working order and condition (normal wear and tear excepted) and from time to time make all necessary repairs to and renewals and replacements of such properties, except to the extent that any of such properties are obsolete or are being replaced.

Appears in 1 contract

Samples: Credit Agreement (Movie Gallery Inc)

Corporate Existence; Franchises; Maintenance of Properties. The Borrowers Borrower will, and will cause each of their Material its Subsidiaries (including all Excluded Subsidiaries) to, (i) except as expressly permitted otherwise by Section 8.1, maintain and preserve in full force and effect its legal corporate existence, except as expressly permitted otherwise by Section 11.1, (ii) obtain, maintain and preserve in full force and effect all other rights, franchises, licenses, permits, certifications, approvals approvals, authorizations and authorizations other Licenses, and all Reimbursement Approvals, required by Governmental Authorities and necessary to the ownership, occupation or use of its properties or the conduct of its business, except to the extent the failure to do so would not be reasonably likely to have a Material Adverse Effect, and (iii) continue to conduct and operate its businesses substantially as conducted and operated during the present and preceding fiscal years and (iv) keep all material properties in good working order and condition (normal wear and tear excepted) and from time to time make all necessary repairs to and renewals and replacements of such properties, except to the extent that any of such properties are obsolete or are being replaced; provided that it is acknowledged that Radiation Therapy Payroll Services, Inc. is currently inactive.

Appears in 1 contract

Samples: Credit Agreement (Radiation Therapy Services Inc)

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