Corporate Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, rights (charter and statutory) and franchises; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 33 contracts
Samples: Indenture (Kirby Corp), Xl Group PLC, Security Capital Assurance LTD
Corporate Existence. Subject to Article EightVII, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its the corporate existence, rights (charter and statutory) ), licenses and franchisesfranchises of the Company; provided, however, that the Company shall will not be required to preserve any such right existence, right, license or franchise if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous adverse in any material respect to the Holders.
Appears in 28 contracts
Samples: Supplemental Indenture (Onemain Finance Corp), Eleventh Supplemental Indenture (OneMain Holdings, Inc.), OneMain Holdings, Inc.
Corporate Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, existence and the rights (charter and statutory) and franchisesfranchises of the Company; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors Company shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the HoldersCompany.
Appears in 25 contracts
Samples: Cybin (Cybin Inc.), Indenture (Bragg Gaming Group Inc.), Indenture (Engine Media Holdings, Inc.)
Corporate Existence. Subject to Article Eight9, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, rights (charter and statutory) and franchises; provided, however, that the Company shall not be required to preserve any such right or franchise if if, in the Board judgment of Directors shall determine that the Company, the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the HoldersCompany.
Appears in 24 contracts
Samples: Indenture (ProSomnus, Inc.), Intercreditor Agreement (ProSomnus, Inc.), Intercreditor Agreement (ProSomnus, Inc.)
Corporate Existence. Subject to the provisions of Article Eight11, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, rights (charter and statutory) and franchisesfranchises and the corporate existence and rights (charter and statutory) and franchises of its Subsidiaries; provided, however, that the Company shall not be required to, or to cause any Subsidiary to, preserve any such right or franchise or to keep in full force and effect the corporate existence of any Subsidiary if the Board of Directors Company shall determine that the keeping in existence or preservation thereof is no longer desirable in or consistent with the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the HoldersCompany.
Appears in 23 contracts
Samples: Indenture (NewAmsterdam Pharma Co N.V.), Indenture (Flushing Financial Corp), Indenture (Amalgamated Financial Corp.)
Corporate Existence. Subject to Article Eight7, the Company will at all times do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, existence and its rights (charter and statutory) and franchises; provided, however, provided that nothing in this Section 9.4 shall prevent the Company shall not be required to preserve abandonment or termination of any such right or franchise of the Company if the Board of Directors it shall determine be determined that the preservation thereof such abandonment or termination is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the HoldersCompany.
Appears in 20 contracts
Samples: Subordinated Indenture (Allied Waste Industries Inc), Senior Indenture (Allied Waste Industries Inc), Subordinated Indenture (Allied Waste Industries Inc)
Corporate Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its the corporate existence, rights (charter existence and statutory) corporate power and franchisesauthority of the Company and each Restricted Subsidiary; provided, however, that the Company shall not be required to preserve any such right or franchise corporate existence and corporate power and authority if the Board of Directors Company shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the Holdersits Restricted Subsidiaries taken as a whole.
Appears in 19 contracts
Samples: Indenture (Rogers Communications Inc), Indenture (Rogers Communications Inc), Indenture (Rogers Communications Inc)
Corporate Existence. Subject to Article EightTen, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, rights (charter and statutory) and franchises; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors Company shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the HoldersCompany.
Appears in 17 contracts
Samples: Genesee & Wyoming Inc, Calgon Carbon Corporation, Calgon Carbon Corporation
Corporate Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, existence and the rights (charter and statutory) and franchisesfranchises of the Company and any Restricted Subsidiary; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors Company shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the Holdersits Subsidiaries as a whole.
Appears in 15 contracts
Samples: Indenture (Encana Corp), Encana Corp, Encana Corp
Corporate Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its the corporate existence, rights (charter and statutory) and franchisesfranchises of the Company and each Subsidiary; providedPROVIDED, howeverHOWEVER, that the Company shall not be required to preserve any such right or franchise if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and its Subsidiaries as a whole and that the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 12 contracts
Samples: Indenture (Entertainment Inc), Indenture (Entertainment Inc), Indenture (Entertainment Inc)
Corporate Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, existence and the rights (charter and statutory) and franchisesfranchises of the Company; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors Company shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and its Subsidiaries as a whole and that the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 12 contracts
Samples: Profound Medical Corp., Triple Flag Precious Metals Corp., Indenture (Village Farms International, Inc.)
Corporate Existence. Subject to Article EightNine, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, existence and the rights (charter and statutory) and franchisesfranchises of the Company; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors Company shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and its Subsidiaries as a whole and that the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 11 contracts
Samples: Indenture (Energy Fuels Inc), Uranium Energy Corp, Form of Indenture (Taseko Mines LTD)
Corporate Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, rights (charter and statutory) and franchises; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors Company shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the HoldersCompany.
Appears in 11 contracts
Samples: Indenture (Solutia Inc), Indenture (Brookdale Living Communities Inc), Indenture (Solutia Inc)
Corporate Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its the corporate existence, rights (charter and statutory) and franchisesfranchises of the Company and each Subsidiary; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and its Subsidiaries as a whole and that the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 9 contracts
Samples: Indenture (Leitesol Industry & Commerce Inc.), Applied Extrusion Technologies Inc /De, Indenture (Cd Radio Inc)
Corporate Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, rights (charter and statutory) and franchises; providedPROVIDED, howeverHOWEVER, that the Company shall not be required to preserve any such right or franchise if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 8 contracts
Samples: Indenture (Questar Gas Co), Indenture (Questar Market Resources Inc), Xl Capital LTD
Corporate Existence. Subject to Except as otherwise permitted under Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, existence and will use its best efforts to do or cause to be done all things necessary to preserve and keep in full force and effect its rights (charter and statutory) and franchises; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the HoldersCompany.
Appears in 8 contracts
Samples: Indenture (New York State Electric & Gas Corp), Indenture (Energy East Corp), Indenture (Public Service Co of Oklahoma)
Corporate Existence. Subject to Article Eight8, the Company will shall do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, existence and rights (charter and statutory) and franchises; provided, however, that the Company foregoing shall not be required obligate the Company to preserve any such right or franchise if the Board of Directors Company shall determine that the preservation thereof is no longer desirable in the conduct of the its business of the Company and that the loss thereof is not disadvantageous in any material respect to the Holdersany Holder.
Appears in 8 contracts
Samples: Validus Holdings (UK) PLC, Validus Holdings (UK) PLC, Junior Subordinated Indenture (Partnerre LTD)
Corporate Existence. Subject to Article EightVIII, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, rights (charter and statutory) and franchises; provided, however, that the Company shall not be required to preserve any such right or franchise if if, in the Board judgment of Directors shall determine that the Company, the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the HoldersHolders of Securities of any series or Tranche in any material respect.
Appears in 7 contracts
Samples: Indenture (Core Molding Technologies Inc), Indenture (Core Molding Technologies Inc), Indenture (Fox Factory Holding Corp)
Corporate Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, existence and will use its best efforts to do or cause to be done all things necessary to preserve and keep in full force and effect its rights (charter and statutory) and franchises; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the HoldersCompany.
Appears in 7 contracts
Samples: Western Massachusetts Electric Co, Indenture (Central Power & Light Co /Tx/), Indenture (Northeast Utilities System)
Corporate Existence. Subject to Article Eight, the Company will shall do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, existence and material rights and franchises (charter and statutory) and franchises); provided, howeverthat, that the Company shall not be required to preserve any such right or franchise if the Board of Directors it shall determine that the preservation thereof is no longer necessary or desirable in the conduct of the business of the Company Company; and provided further, that the loss thereof is foregoing shall not disadvantageous prohibit a sale, transfer or conveyance of a Subsidiary or any of its assets in any material respect to compliance with the Holdersterms of the Indenture.
Appears in 7 contracts
Samples: FedNat Holding Co, Indenture (Tampa DC, LLC), Indenture (Winnsboro DC, LLC)
Corporate Existence. Subject to Article Eight, the Company will shall do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, rights (charter and statutory) ), licenses and franchises; provided, however, that the Company shall not be required to preserve any such right right, license or franchise if the Board of Directors shall determine of the Company determines that the preservation thereof is no longer desirable in the conduct of the business of the Company and its Subsidiaries taken as a whole and that the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 6 contracts
Samples: Bay View Capital Corp, Bay View Capital Corp, Bay View Capital I
Corporate Existence. Subject So long as any Securities shall be Outstanding, subject to Article EightNine, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, rights (charter and statutory) and franchises; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 6 contracts
Samples: Satisfaction And (Enhance Financial Services Group Inc), Satisfaction And (Enhance Financial Services Group Inc), Satisfaction And (Enhance Financial Services Group Inc)
Corporate Existence. Subject to Article EightVIII, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, rights (charter and statutory) and franchises; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors Company shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 6 contracts
Samples: Indenture (GT Advanced Technologies Inc.), Indenture (Hanover Insurance Group, Inc.), Hanover Insurance Group, Inc.
Corporate Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its the corporate existence, rights (charter and statutory) and franchisesfranchises of the Company and each Subsidiary; provided, however, that the Company shall not be required to -------- ------- preserve any such right or franchise if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and its Subsidiaries as a whole and that the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 6 contracts
Samples: Indenture (Primus Telecommunications Group Inc), Applied Extrusion Technologies Inc /De, Primus Telecommunications Group Inc
Corporate Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, existence and the rights (charter and statutory) and franchisesfranchises of the Company; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors Company shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and its Subsidiaries as a whole and that the loss thereof is not disadvantageous in any material respect to the Holdersany Holder.
Appears in 5 contracts
Samples: Indenture (Newell Rubbermaid Inc), Indenture (Newell Rubbermaid Inc), Newell Rubbermaid Inc
Corporate Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, rights (charter and statutory) and franchises; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors shall determine Company determines that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 5 contracts
Samples: Indenture (Peabody Energy Corp), Cottonwood Land Co, L 3 Communications Corp
Corporate Existence. Subject to Article EightTen, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, rights (charter and statutory) and franchises; provided, however, -------- ------- that the Company shall not be required to preserve any such right or franchise if the Board of Directors Company shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the HoldersCompany.
Appears in 5 contracts
Samples: Genesee & Wyoming Inc, Intermedia Communications Inc, Aramark Services Inc
Corporate Existence. Subject to Article Eight, the Company Corporation will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, existence and the rights (charter and statutory) and franchisesfranchises of the Corporation and its Subsidiaries; provided, however, that the Company Corporation shall not be required to preserve any such right or franchise if the Board of Directors Corporation shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the HoldersCorporation.
Appears in 5 contracts
Samples: Indenture (Nutrien Ltd.), Indenture (Nutrien Ltd.), Indenture (Agrium Inc)
Corporate Existence. Subject to Article Eight, the Company Corporation will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, existence and the rights (charter and statutory) and franchisesfranchises of the Corporation and any Restricted Subsidiary; provided, however, that the Company Corporation shall not be required to preserve any such right or franchise if the Board of Directors Corporation shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company Corporation and that the loss thereof is not disadvantageous in any material respect to the Holdersits Subsidiaries as a whole.
Appears in 5 contracts
Samples: Indenture (Ovintiv Inc.), Ovintiv Inc., Indenture (Encana Corp)
Corporate Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, rights (charter and statutory) and franchises; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 5 contracts
Samples: Indenture (Mondelez International, Inc.), Philip Morris Companies Inc, Cardinal Health Inc
Corporate Existence. Subject to Article Eight10 hereof, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, existence and rights (charter and statutory) and franchises); provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors shall determine Company determines that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 5 contracts
Samples: Indenture (Mannkind Corp), Indenture (Mannkind Corp), Indenture (Mannkind Corp)
Corporate Existence. Subject to Article EightXII, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, existence and rights (charter and statutory) and franchises); provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors shall determine in good faith that the preservation thereof is no longer desirable in the conduct of the Company's business of the Company and that the loss thereof is not, and will not disadvantageous be, adverse in any material respect to the Holders.
Appears in 5 contracts
Samples: Purchase Agreement (Alterra Healthcare Corp), Atlantic Coast Airlines Inc, Atlantic Coast Airlines Inc
Corporate Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, existence and the rights (charter and statutory) and franchisesfranchises of the Company; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company Company, and that the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 5 contracts
Samples: Pg&e Corp, Subordinated Note Indenture (Virginia Electric & Power Co), PPL Electric Utilities Corp
Corporate Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, existence and that of each Restricted Subsidiary and the corporate rights (charter and statutory) and franchisesfranchises of the Company and each Restricted Subsidiary; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the Holdersits Subsidiaries as a whole.
Appears in 5 contracts
Samples: Indenture (Aircastle LTD), Intercreditor Agreement (Forida East Coast Railway L.L.C.), Indenture (Railamerica Inc /De)
Corporate Existence. Subject to Article Eight10 hereof, the Company will shall do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, existence and rights (charter and statutory) and franchises); provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors shall determine Company determines that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 5 contracts
Samples: First Supplemental Indenture (Greenbrier Companies Inc), Indenture (Greenbrier Companies Inc), Greenbrier Companies Inc
Corporate Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, rights (charter existence and statutory) all licenses and franchisespermits material to the normal conduct of its business; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 5 contracts
Samples: Ormat Technologies, Inc., Ormat Technologies, Inc., Ipc Holdings LTD
Corporate Existence. Subject to Article Eight8, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, rights (charter and statutory) and franchises; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 4 contracts
Samples: Indenture (Pitney Bowes Inc /De/), Pitney Bowes Inc /De/, Pitney Bowes Inc /De/
Corporate Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, existence and its rights (charter and statutory) and franchises; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors Company shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and its Subsidiaries as a whole and that the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 4 contracts
Samples: Indenture (Nova Chemicals Corp /New), Indenture (Nova Chemicals Corp /New), Indenture (Nova Chemicals Corp /New)
Corporate Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, rights (charter and statutory) and franchises; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors Company shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the HoldersHolders of the Securities.
Appears in 4 contracts
Samples: Indenture (Anheuser Busch Companies Inc), Earthgrains Co /De/, Anheuser Busch Companies Inc
Corporate Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, existence and the rights (charter and statutory) and franchisesfranchises of the Company and its Subsidiaries; provided, however, that the Company shall not be required -------- ------- to preserve any such right or franchise if the Board of Directors it shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and/or any Subsidiary and that the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 4 contracts
Samples: Nationwide Health Properties Inc, Nationwide Health Properties Inc, Nationwide Health Properties Inc
Corporate Existence. Subject to Article EightVIII, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, rights (charter and statutory) and franchises; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 4 contracts
Samples: Xl Group PLC, Xl Group PLC, XL Group Ltd.
Corporate Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, rights (charter and statutory) and franchises); provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors Company shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 4 contracts
Samples: Subordinated Indenture (Union Bankshares Corp), BNC Bancorp, Eagle Bancorp Inc
Corporate Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, existence and the rights (charter and statutory) and franchisesfranchises of the Company and any Subsidiary; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors Company shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the Holdersits Subsidiaries as a whole.
Appears in 4 contracts
Samples: Indenture (Hub International LTD), Indenture (Hub International LTD), Kerr McGee Corp /De
Corporate Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, existence and that of each Subsidiary and the corporate rights (charter and statutory) and franchisesfranchises of the Company and each Subsidiary; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the Holdersits Subsidiaries as a whole.
Appears in 4 contracts
Samples: Indenture (Aircastle LTD), Indenture (Aircastle LTD), Indenture (Aircastle LTD)
Corporate Existence. Subject to Article EightVIII, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, rights (charter and statutory) and franchises; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors in good faith shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 4 contracts
Samples: Overseas Shipholding Group Inc, Overseas Shipholding Group Inc, Indenture (Rite Aid Corp)
Corporate Existence. Subject to Article EightVIII, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, rights (charter and statutory) and franchises; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors or senior management of the Company shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 4 contracts
Samples: Indenture (Financial Security Assurance Holdings LTD), Indenture (Nelnet Inc), Indenture (Nelnet Inc)
Corporate Existence. Subject to Article Eight, the Company will shall do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, existence and its rights (charter and statutory) and franchises; , provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors Company shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the HoldersHolders of Securities or coupons.
Appears in 3 contracts
Samples: Indenture (American General Finance Corp), American General Capital Iv, American General Capital Iv
Corporate Existence. Subject to Article Eight, the Company will shall do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, existence and its rights (charter and statutory) and franchises; provided, however, that the Company foregoing shall not be required obligate the Company to preserve any such right or franchise if the Board of Directors Company shall determine that the preservation thereof is no longer desirable in the conduct of the its business of the Company and that the loss thereof is not disadvantageous in any material respect to the Holdersany Holder.
Appears in 3 contracts
Samples: Incorporated (Hercules Inc), Inmc Mortgage Holdings Inc, Inmc Mortgage Holdings Inc
Corporate Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, rights (charter and statutory) and franchises; provided, however, -------- ------- that the Company shall not be required to preserve any such right or franchise if the Board of Directors Company shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the HoldersCompany.
Appears in 3 contracts
Samples: Brookdale Living Communities Inc, Monsanto Co, Brookdale Living Communities Inc
Corporate Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence(or if applicable, limited liability company) existence and the rights (charter and statutory) and franchisesfranchises of the Company; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company Company, and that the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 3 contracts
Samples: Subordinated Note Indenture (Georgia Power Co), Southern Power Co, Gulf Power Co
Corporate Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, rights (charter and statutory) and franchises; , provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 3 contracts
Samples: Indenture (Century Casinos Inc /Co/), Indenture (DMC Stratex Networks Inc), Indenture (Dayton Hudson Corp)
Corporate Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, rights (charter and statutory) and franchises; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and or that the loss thereof is not disadvantageous in any material respect to the HoldersBondholders.
Appears in 3 contracts
Samples: Ilx Inc/Az/, Ilx Inc/Az/, Ilx Inc/Az/
Corporate Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, rights (charter and statutory) and franchises; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors Company shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any a material respect to the Holders.
Appears in 3 contracts
Samples: Indenture (Atlas Air Worldwide Holdings Inc), Indenture (Atlas Air Worldwide Holdings Inc), Atlas Air Worldwide Holdings Inc
Corporate Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, existence and the rights (charter and statutory) and franchisesfranchises of the Company and the Restricted Subsidiaries; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors it shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and/or any Restricted Subsidiary and that the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 3 contracts
Samples: International Lease Finance Corp, International Lease Finance Corp, International Lease Finance Corp
Corporate Existence. Subject to Article Eight, the Company will shall do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, rights (charter and statutory) and franchises; providedPROVIDED, howeverHOWEVER, that the Company shall not be required to preserve any such right or franchise if the Board of Directors Company shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 3 contracts
Samples: Bank United Corp, Bank United Corp, Bank United Corp
Corporate Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, rights (charter and statutory) and franchises; provided, however, that the Company shall not be required to preserve any such right or franchise if the its Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the Holdersits business.
Appears in 3 contracts
Samples: Indenture (Viacom Inc.), Viacom Inc, Viacom Inc
Corporate Existence. Subject to Article EightARTICLE 11, the Company will shall do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, legal existence and rights (charter and statutory) and franchises; provided, however, that the Company foregoing shall not be required obligate the Company to preserve any such right or franchise if the Board of Directors Company shall determine that the preservation thereof is no longer desirable in the conduct of the its business of the Company and that the loss thereof is not disadvantageous in any material respect to the Holdersany Holder.
Appears in 3 contracts
Samples: Aspen Insurance Holdings LTD, MRH Capital Trust I, Endurance Specialty Holdings LTD
Corporate Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its the corporate existence, rights (charter and statutory) and franchisesfranchises of the Company and each Subsidiary; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the HoldersHolder.
Appears in 3 contracts
Samples: Hub International LTD, Hub International LTD, Hub International LTD
Corporate Existence. Subject to Article Eight, the Company will shall do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, existence and material rights and franchises (charter and statutory) and franchises); provided, howeverthat, that neither the Company shall not be required to preserve any such right or franchise if the Board of Directors it shall determine that the preservation thereof is no longer necessary or desirable in the conduct of the business of the Company Company; and provided further, that the loss thereof is foregoing shall not disadvantageous prohibit a sale, transfer or conveyance of a Subsidiary or any of its assets in any material respect to compliance with the Holdersterms of the Indenture.
Appears in 3 contracts
Samples: Indenture (Salant Corp), Indenture (Salant Corp), Indenture (Clearone Communications Inc)
Corporate Existence. Subject to Article Eight, the Company will shall do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, rights (charter and statutory) and franchises; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors Company shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the Holdersits Subsidiaries taken as a whole.
Appears in 3 contracts
Samples: Indenture (Mineracao Maraca Industria E Comercio S.A.), Teck Resources (Teck Metals Ltd.), Indenture (Teck Cominco LTD)
Corporate Existence. Subject to Article EightARTICLE VIII, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, rights (charter and statutory) and franchises; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors Company shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the HoldersCompany.
Appears in 3 contracts
Samples: D & K Healthcare Resources Inc, D & K Healthcare Resources Inc, D & K Healthcare Resources Inc
Corporate Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, rights (charter and statutory) and franchises; provided, however, -------- ------- that the Company shall not be required to preserve any such right or franchise if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 3 contracts
Samples: Alco Capital Resource Inc, Alco Standard Corp, Ikon Office Solutions Inc
Corporate Existence. Subject to Except as otherwise provided in Article EightNine, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, rights (charter and statutory) and franchises; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the HoldersSecurityholders.
Appears in 2 contracts
Samples: Mercantile Bancorporation Inc, Mercantile Bancorporation Inc
Corporate Existence. Subject to Except as otherwise permitted by Article EightSix, the Company will shall do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, existence and the rights (charter and statutory) and franchisesfranchises of the Company; provided, however, that the Company shall not be required to preserve preserve, with respect to itself, any such right or franchise franchise, if the Board of Directors of the Company, as the case may be, shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the HoldersCompany.
Appears in 2 contracts
Samples: Indenture (Color Spot Nurseries Inc), Color Spot Nurseries Inc
Corporate Existence. Subject to Article Eight, the Company will shall do or cause to be done all things necessary to preserve and keep in full force and effect its the corporate existence, rights (charter and statutory) and franchisesfranchises of the Company and each Subsidiary; provided, however, that the Company shall not be required to -------- ------- preserve any such right or franchise if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and its Subsidiaries as a whole and that the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 2 contracts
Samples: Indenture (Euronet Services Inc), Indenture (Euronet Services Inc)
Corporate Existence. Subject to Article Eight, the Company will shall do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, existence and that of each Subsidiary and their respective rights (charter and statutory) and franchises; provided, however, that the Company foregoing shall not be required obligate the Company or any Subsidiary to preserve any such right or franchise if the Board of Directors Company or any Subsidiary shall determine that the preservation thereof is no longer desirable in the conduct of its business or the business of the Company such Subsidiary and that the loss thereof is not disadvantageous in any material respect to the Holdersany Holder.
Appears in 2 contracts
Samples: Indenture (Nordstrom Inc), Nordstrom Inc
Corporate Existence. Subject to Article Eight7, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, rights (charter and statutory) and franchises; provided, however, that the Company shall not be required to preserve any such right or franchise if if, in the Board judgment of Directors shall determine that the Company, the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the HoldersCompany.
Appears in 2 contracts
Samples: Purchase Agreement (Aegean Marine Petroleum Network Inc.), document.epiq11.com
Corporate Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, existence and that of each Subsidiary and the rights (charter and statutory) and franchisesfranchises of the Company and its Subsidiaries; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors Company shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the Holdersits Subsidiaries considered as a whole.
Appears in 2 contracts
Samples: Tribune Co, Tribune Co
Corporate Existence. Subject to Article Eight9, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, existence and the rights (charter and statutory) ), licenses and franchisesfranchises of the Company and its Subsidiaries; provided, however, that the Company shall not be required to preserve any such right right, license or franchise if franchise, if, in the Board judgment of Directors shall determine that the Company, the preservation thereof is no longer desirable in the conduct of the business of the Company and that its Subsidiaries taken as a whole and the loss thereof is not disadvantageous in any material respect to the HoldersSecurityholders.
Appears in 2 contracts
Samples: Indenture (Healthsouth Corp), Healthsouth Corp
Corporate Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, existence and that of each Restricted Subsidiary and the rights (charter and statutory) and franchisesfranchises of the Company and its Restricted Subsidiaries; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the Holdersits Restricted Subsidiaries considered as a whole.
Appears in 2 contracts
Samples: Argyle Television Inc, Argyle Television Inc
Corporate Existence. Subject to Article Eight7 hereof, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, rights (charter and statutory) and franchises; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors shall determine Company determines that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 2 contracts
Samples: Indenture (Vertex Pharmaceuticals Inc / Ma), Indenture (Vertex Pharmaceuticals Inc / Ma)
Corporate Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, rights (charter and statutory) and franchises; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the HoldersDebentureholders.
Appears in 2 contracts
Samples: Trust Indenture Agreement (SFG Mortgage & Investment Co Inc), Nibco Inc
Corporate Existence. Subject to Article EightEight hereof, the Company will shall do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, existence and its material rights (charter and statutory) ), licenses and franchises; provided, however, provided that the Company shall not be required to preserve any such right right, license or franchise if the Board of Directors of the Company shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the Holdersits Restricted Subsidiaries, taken as a whole.
Appears in 2 contracts
Samples: Xerox Corp, Xerox Corp
Corporate Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, rights (charter and statutory) and franchises; provided, however, that the Company foregoing shall not be required obligate the Company to preserve any such right or franchise if the Board of Directors Company shall determine that the preservation thereof is no longer desirable in the conduct of the its business of the Company and that the loss thereof is not disadvantageous in any material respect to the Holdersany Holder.
Appears in 2 contracts
Samples: Trust Indenture (Federal Express Corp), Indenture (American Freightways Inc)
Corporate Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, rights (charter and statutory) and franchises; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the HoldersCompany.
Appears in 2 contracts
Samples: Phoenix Duff & Phelps Corp, Phoenix Companies Inc/De
Corporate Existence. Subject to Article Eight, the Company will shall do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, existence and material rights and franchises (charter and statutory) and franchises); providedprovided , howeverthat, that the Company shall not be required to preserve any such right or franchise if the Board of Directors it shall determine that the preservation thereof is no longer necessary or desirable in the conduct of the business of the Company Company; and provided further, that the loss thereof is foregoing shall not disadvantageous prohibit a sale, transfer or conveyance of a Subsidiary or any of its assets in any material respect to compliance with the Holdersterms of the Indenture.
Appears in 2 contracts
Samples: Indenture (Federated National Holding Co), Tampa DC, LLC
Corporate Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, existence and that of each Subsidiary and the rights (charter and statutory) and franchisesfranchises of the Company and its Subsidiaries; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the Holdersits Subsidiaries considered as a whole.
Appears in 2 contracts
Samples: Belo a H Corp, Belo a H Corp
Corporate Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, existence and the rights (charter and statutory) and franchisesfranchises of the Company; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors Company shall determine that the preservation thereof is no longer necessary or desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the Holdersits Subsidiaries as a whole.
Appears in 2 contracts
Samples: Indenture (Four Seasons Hotels Inc), Four Seasons Hotels Inc
Corporate Existence. Subject to Article EightVII, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, rights (charter and statutory) and franchises; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not and is not reasonably likely to be disadvantageous in any material respect to the Holders.
Appears in 2 contracts
Samples: Ocwen Financial Corp, Ocwen Financial Corp
Corporate Existence. Subject to Article EightTen hereof, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, rights (charter and statutory) and franchises; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors Company shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the HoldersHolders of the Securities of any series.
Appears in 2 contracts
Samples: Indenture (American Express Co), Indenture (American Express Credit Corp)
Corporate Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, existence and the rights (charter and statutory) and franchisesfranchises of the Company and any Restricted Subsidiary; providedPROVIDED, howeverHOWEVER, that the Company shall not be required to preserve any such right or franchise if the Board of Directors Company shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the Holdersits Subsidiaries as a whole.
Appears in 2 contracts
Corporate Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, existence and the rights (charter and statutory) and franchisesfranchises of the Company; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors Company shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the Holdersits subsidiaries as a whole.
Appears in 2 contracts
Corporate Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, rights (charter and statutory) and franchises; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors Company shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and its Subsidiaries considered as a whole and that the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 2 contracts
Samples: Indenture (Roper Industries Inc /De/), Infocure Corp
Corporate Existence. Subject to Except as otherwise provided in Article EightNine, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, rights (charter and statutory) and franchises; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the HoldersNoteholders.
Appears in 2 contracts
Samples: Indenture (Synovus Financial Corp), Indenture (Synovus Financial Corp)
Corporate Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, existence and the rights (charter and statutory) and franchisesfranchises of the Company; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors Company shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the Holdersits Subsidiaries as a whole.
Appears in 2 contracts
Samples: Indenture (Schering Plough Corp), Indenture (Newell Co)
Corporate Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its the corporate existence, rights (charter and statutory) and franchisesfranchises of the Company; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors of the Company shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the HoldersCompany.
Appears in 2 contracts
Samples: Atlantic Coast Entertainment Holdings Inc, Atlantic Coast Entertainment Holdings Inc
Corporate Existence. Subject to Article Eight, the Company Holdings will do or cause to be done all things necessary to preserve and keep in full force and effect its the corporate existence, existence and that of each Restricted Subsidiary and the corporate rights (charter and statutory) and franchisesfranchises of Holdings and each Restricted Subsidiary; provided, however, that the Company Holdings shall not be required to preserve any such right or franchise if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company Holdings and that the loss thereof is not disadvantageous in any material respect to the Holdersits Subsidiaries as a whole.
Appears in 2 contracts
Samples: Supplemental Indenture (Infosat Communications LP), Supplemental Indenture (Infosat Communications LP)
Corporate Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, rights (charter and statutory) and franchises; providedPROVIDED, howeverHOWEVER, that the Company foregoing shall not be required obligate the Company to preserve any such right or franchise if the Board of Directors Company shall determine that the preservation thereof is no longer desirable in the conduct of the its business of the Company and that the loss thereof is not disadvantageous in any material respect to the Holdersany Holder.
Appears in 2 contracts
Samples: Kinkos Partners, L.L.C., Fedex Corp
Corporate Existence. Subject to Article Eight, the Company will shall do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, existence and its rights (charter and statutory) and franchises; provided, however, that the Company foregoing shall not be required obligate the Company to preserve any such right or franchise if the Board of Directors Company shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the Holdersits business.
Appears in 2 contracts
Samples: Indenture (Radisys Corp), Radisys Corp
Corporate Existence. Subject to Article Eight, the Company will shall do or cause to be done all things necessary to preserve and keep in full force and effect its the corporate existence, rights (charter and statutory) and franchisesfranchises of the Company and each Subsidiary; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and its Subsidiaries as a whole and that the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 2 contracts
Samples: Facilicom International Inc, World Access Inc /New/
Corporate Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, rights (charter and statutory) and franchises; provided, however, that the Company shall not be required to preserve any such right or franchise if if, in the Board judgment of Directors the Company, it shall determine that the preservation thereof is no longer desirable be necessary, advisable or in the conduct of the business interest of the Company and that to preserve the loss thereof is not disadvantageous in any material respect to the Holderssame.
Appears in 2 contracts
Samples: Indenture (Richfood Holdings Inc), Richfood Holdings Inc
Corporate Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, existence and the rights (charter and statutory) and franchisesfranchises of the Company, Parent and any Restricted Subsidiary; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors Company shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is its Subsidiaries as a whole and not disadvantageous in any material respect to the Holders.
Appears in 2 contracts
Samples: Indenture (Eaton Corp PLC), Cooper Offshore Holdings S.a.r.l.
Corporate Existence. Subject The Company will, subject to Article Eight12, the Company will do or cause to be done at all things necessary to preserve and keep in full force and effect times maintain its corporate existenceexistence and right to carry on business, rights (charter and statutory) duly procure all renewals and franchisesextensions thereof, if and when renewals and extensions shall be necessary; provided, however, that the Company shall not be required to preserve any such right in any place or franchise places if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the Company’s business of the Company and that the loss thereof is not disadvantageous and will not be adverse in any material respect to the Holders.
Appears in 1 contract
Samples: Indenture (El Paso Electric Co /Tx/)
Corporate Existence. Subject to Article Eight, the Company will shall do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, existence and related rights and franchises (charter and statutory) and franchises); provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors of the Company shall determine that the preservation thereof is no longer necessary or desirable in the conduct of the business of the Company Company; and provided, further, however, that the loss thereof is foregoing shall not disadvantageous prohibit a sale, transfer or conveyance of a Subsidiary or any of its assets in any material respect to compliance with the Holdersterms of the Indenture.
Appears in 1 contract
Samples: Sola International Inc
Corporate Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, existence and the rights (charter and statutory) and franchisesfranchises of the Company and any Significant Subsidiary; provided, however, that the Company shall not be required to preserve any such right or franchise of the Company or any Significant Subsidiary if the Board of Directors Company shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the Holdersits Subsidiaries as a whole.
Appears in 1 contract
Corporate Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its the corporate existence, rights (charter and statutory) and franchisesfranchises of the Company and its Subsidiaries; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and its Subsidiaries as a whole and that the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 1 contract
Samples: Indenture (Tembec Industries Inc)
Corporate Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, existence and the rights (charter and statutory) and franchisesfranchises of the Company and any Restricted Subsidiary; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors Company shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the Holders.its Subsidiaries as a whole. ARTICLE ELEVEN
Appears in 1 contract
Samples: Dvi Inc
Corporate Existence. Subject to Article Eight8, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, rights (charter and statutory) and material franchises; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 1 contract
Samples: Willamette Industries Inc
Corporate Existence. Subject to Article Eight, the Company will do or cause to be done all ------------- things necessary to preserve and keep in full force and effect its corporate existence, existence and that of each Subsidiary and the rights (charter and statutory) and franchisesfranchises of the Company and its Subsidiaries; provided, however, that the -------- ------- Company shall not be required to preserve any such right or franchise if the Board of Directors Company or the Subsidiary concerned shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the Holdersits Subsidiaries considered as a whole.
Appears in 1 contract
Samples: Tribune Co
Corporate Existence. Subject to Article Eight, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, rights (charter and statutory) and franchises; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof is not disadvantageous in any material respect to the Debenture Holders.
Appears in 1 contract
Samples: Indenture (Nibco Inc)