Common use of Corporate Existence Clause in Contracts

Corporate Existence. Subject to Article V hereof, the Company shall do or cause to be done all things necessary to preserve and keep in full force and effect (i) its corporate existence and (ii) the material rights (charter and statutory), licenses and franchises of the Company and its Subsidiaries taken as a whole; provided, however, that the Company shall not be required to preserve any such right, license or franchise if the Board of Directors determines that the preservation thereof is no longer in the best interests of the Company, and that the loss thereof is not adverse in any material respect to the Holders.

Corporate Existence. Subject to Article V hereofEight, the Company shall will do or cause to be done all things necessary to preserve and keep in full force and effect (i) its corporate existence and (ii) the material existence, rights (charter and statutory), licenses ) and franchises of the Company and its Subsidiaries taken as a wholefranchises; provided, however, that the Company shall not be required to preserve any such right, license right or franchise if the Board of Directors determines shall determine that the preservation thereof is no longer desirable in the best interests conduct of the Company, business of the Company and that the loss thereof is not adverse disadvantageous in any material respect to the Holders.

Corporate Existence. Subject to Article V hereofVII, the Company shall will do or cause to be done all things necessary to preserve and keep in full force and effect (i) its the corporate existence and (ii) the material existence, rights (charter and statutory), licenses and franchises of the Company and its Subsidiaries taken as a wholeCompany; provided, however, that the Company shall will not be required to preserve any such existence, right, license or franchise if the Board of Directors determines shall determine that the preservation thereof is no longer desirable in the best interests conduct of the Company, business of the Company and that the loss thereof is not adverse in any material respect to the Holders.

Corporate Existence. Subject to Article V hereof9, the Company shall will do or cause to be done all things necessary to preserve and keep in full force and effect (i) its corporate existence and (ii) the material existence, rights (charter and statutory), licenses ) and franchises of the Company and its Subsidiaries taken as a wholefranchises; provided, however, that the Company shall not be required to preserve any such right, license right or franchise if if, in the Board judgment of Directors determines that the Company, the preservation thereof is no longer desirable in the best interests conduct of the business of the Company, and that the loss thereof is not adverse in any material respect to the Holders.

Corporate Existence. Subject to Article V hereof, the Company shall do or cause to be done all things necessary to preserve and keep in full force and effect (i) its corporate existence and (ii) the material rights (charter and statutory), licenses and franchises of the Company and its Subsidiaries taken as a whole; provided, however, that the Company shall not be required to preserve any such right, license or franchise if the Board of Directors determines or management of the Company shall determine that the preservation thereof is no longer in the best interests of the Company, and that the loss thereof is not adverse in any material respect to the Holders.

Corporate Existence. Subject to Article V hereofV, the Company shall will do or cause to be done all things necessary to preserve and keep in full force and effect (i) its corporate existence and (ii) the material rights (charter and statutory), licenses and franchises of the Company and its Subsidiaries taken as a whole; provided, however, that the Company shall not be required to preserve any such right, license or franchise right if the Board of Directors determines shall determine that the preservation thereof is no longer desirable in the best interests conduct of the Company, business of the Company and its Subsidiaries taken as a whole and that the loss thereof is not adverse in any material respect to the Holders.

Corporate Existence. Subject to Article V hereofVIII, the Company shall will do or cause to be done all things necessary to preserve and keep in full force and effect (i) its corporate existence and (ii) the material existence, rights (charter and statutory), licenses and franchises of the Company and its Subsidiaries taken as a wholefranchises; provided, however, that the Company shall will not be required to preserve any such right, license or franchise if the Board of Directors determines it shall determine that the preservation thereof is no longer desirable in the best interests conduct of the business of the Company, and that the loss thereof is not adverse in any material respect to the Holders.

Corporate Existence. Subject to Article V hereof, the The Company shall will do or cause to be done all things necessary to preserve and keep in full force and effect (i) its corporate existence and (ii) the material corporate, partnership or other existence of each Subsidiary and all rights (charter and statutory), licenses ) and franchises of the Company and its Subsidiaries taken as a wholethe Subsidiaries; provided, however, that the Company shall not be required to preserve the corporate existence of any Subsidiary, or any such rightright or franchise, license or franchise if the Board of Directors determines Company shall determine that the preservation thereof is no longer desirable in the best interests conduct of the Company, business of the Company and that the loss thereof is not adverse disadvantageous in any material respect to the Holders.

Corporate Existence. Subject to Article V hereofVIII, the Company shall do or cause to be done all things necessary to preserve and keep in full force and effect (i) its corporate existence in accordance with its organizational documents and (ii) the material its rights (charter and statutory), licenses ) and franchises of the Company and its Subsidiaries taken as a wholecorporate franchises; provided, howeverhowever , that the Company shall not be required to preserve any such rightright or franchise, license or franchise if (a) the Board of Directors determines of the Company shall determine that the preservation thereof is no longer desirable in the best interests conduct of the Company, business of the Company and that (b) the loss thereof is not adverse disadvantageous in any material respect to the Holders.

Corporate Existence. Subject to Article V hereofEight, the Company shall will do or cause to be done all things necessary to preserve and keep in full force and effect (i) its the corporate existence and (ii) the material existence, rights (charter and statutory), licenses ) and franchises of the Company and its Subsidiaries taken as a wholeeach Subsidiary; providedPROVIDED, howeverHOWEVER, that the Company shall not be required to preserve any such right, license right or franchise if the Board of Directors determines shall determine that the preservation thereof is no longer desirable in the best interests conduct of the Company, business of the Company and its Subsidiaries as a whole and that the loss thereof is not adverse disadvantageous in any material respect to the Holders.

Corporate Existence. Subject to Article V hereofNine, the Company shall will do or cause to be done all things necessary to preserve and keep in full force and effect (i) its corporate existence and (ii) the material rights (charter and statutory), licenses ) and franchises of the Company and its Subsidiaries taken as a wholeCompany; provided, however, that the Company shall not be required to preserve any such right, license right or franchise if the Board of Directors determines Company shall determine that the preservation thereof is no longer desirable in the best interests conduct of the Company, business of the Company and its Subsidiaries as a whole and that the loss thereof is not adverse disadvantageous in any material respect to the Holders.

Corporate Existence. Subject to Article V hereofVIII, the Company shall do or cause to be done all things necessary to preserve and keep in full force and effect (i) its corporate existence in accordance with its organizational documents and (ii) the material rights (charter and statutory), licenses ) and corporate franchises of the Company and its Subsidiaries taken as a wholeCompany; provided, however, that the Company shall not be required to preserve preserve, with respect to itself, any such rightright or franchise, license or franchise if (a) the Board of Directors determines of the Company shall determine that the preservation thereof is no longer desirable in the best interests conduct of the Company, business of the Company and that (b) the loss thereof is not adverse disadvantageous in any material respect to the Holders.

Corporate Existence. Subject to Article V hereofV, the Company shall will do or cause to be done all things necessary to preserve and keep in full force and effect (i) its corporate existence and (ii) the material rights (charter and statutory), licenses and franchises of the Company and its Subsidiaries taken as a wholeCompany; provided, however, that the Company shall not be required to preserve any such right, license or franchise if the Board of Directors it determines that the preservation thereof is no longer desirable in the best interests conduct of the Company, business of the Company and its Subsidiaries taken as a whole and that the loss thereof is not adverse in any material respect to the Holders.

Corporate Existence. Subject to Article V hereofIV, the Company shall will do or cause to be done all things necessary to preserve and keep in full force and effect (i) its corporate existence and (ii) the material corporate rights (charter and statutory), ) licenses and franchises of the Company and its Subsidiaries taken as a wholeCompany; provided, however, that the Company shall not be required to preserve any such existence, right, license or franchise if the Board of Directors determines shall determine that the preservation thereof is no longer desirable in the best interests conduct of the business of the Company, and that the loss thereof is not, and will not adverse be, disadvantageous in any material respect to the Holders.

Corporate Existence. Subject to Article V hereofV, the Company shall will do or cause to be done all things necessary to preserve and keep in full force and effect (i) its corporate existence and (ii) the material existence, rights (charter and statutory), licenses ) and franchises of the Company and its Subsidiaries taken as a wholefranchises; provided, however, that the Company shall will not be required to preserve any such right, license right or franchise if the Board of Directors determines that the preservation thereof of the right or franchise is no longer desirable in the best interests conduct of the Company, business of the Company and that the its loss thereof is will not adverse be disadvantageous in any material respect to the HoldersHolders of the Notes.

Corporate Existence. Subject to Except as otherwise provided in Article V hereofIV, the Company shall do or cause to be done all things necessary to preserve and keep in full force and effect (i) its corporate existence and (ii) the material existence, rights (charter and statutory), licenses and franchises of the Company and its Subsidiaries taken as a wholefranchises; provided, however, that the Company shall not be required to preserve any such right, license or franchise if the Board of Directors determines it shall determine that the preservation thereof is no longer desirable in the best interests conduct of the business of the Company, and that the loss thereof is not adverse in any material respect to the Holders.

Corporate Existence. Subject to Article V hereofV, the Company shall will do or cause to be done all things necessary to preserve and keep in full force and effect (i) its corporate existence and (ii) the material rights (charter and statutory), licenses and franchises of the Company and its Subsidiaries taken as a wholeCompany; provided, however, that the Company shall not be required to preserve any such right, license or franchise if the Board of Directors determines shall determine that the preservation thereof is no longer desirable in the best interests conduct of the Company, business of the Company and its Subsidiaries taken as a whole and that the loss thereof is not adverse in any material respect to the Holders.

Corporate Existence. Subject to Article V hereofVIII, the Company shall will do or cause to be done all things necessary to preserve and keep in full force and effect (i) its corporate existence and (ii) the material existence, rights (charter and statutory), licenses ) and franchises of the Company and its Subsidiaries taken as a wholefranchises; provided, however, that the Company shall not be required to preserve any such right, license right or franchise if if, in the Board judgment of Directors determines that the Company, the preservation thereof is no longer desirable in the best interests conduct of the Company, business of the Company and that the loss thereof is not adverse disadvantageous in any material respect to the HoldersHolders of Securities of any series or Tranche in any material respect.

Corporate Existence. Subject to Section 6.3 and Article V hereof7, the Company shall will do or cause to be done all things necessary to preserve and keep in full force and effect (i) its corporate existence and (ii) the material rights (charter and statutory), licenses and franchises of the Company and its Subsidiaries taken as a whole; provided, however, that the Company shall not be required to preserve any such right, license or franchise right if the Board of Directors determines Company shall determine that the preservation thereof is no longer desirable in the best interests conduct of the Company, 's business and that the loss thereof is not, and will not be, adverse in any material respect to the Holders.

Corporate Existence. Subject to Article V hereofEight, the Company shall will do or cause to be done all things necessary to preserve and keep in full force and effect (i) its the corporate existence and (ii) the material existence, rights (charter and statutory), licenses ) and franchises of the Company and its Subsidiaries taken as a wholeeach Subsidiary; provided, however, that the Company shall not be required to -------- ------- preserve any such right, license right or franchise if the Board of Directors determines shall determine that the preservation thereof is no longer desirable in the best interests conduct of the Company, business of the Company and its Subsidiaries as a whole and that the loss thereof is not adverse disadvantageous in any material respect to the Holders.

Corporate Existence. Subject to Article V hereofV, the Company shall will do or cause to be done all things necessary to preserve and keep in full force and effect (i) its corporate existence and (ii) the material existence, rights (charter and statutory), licenses ) and franchises of the Company and its Subsidiaries taken as a wholefranchises; provided, however, that the Company shall will not be required to preserve any such right, license right or franchise if the Board of Directors determines that the preservation thereof of the right or franchise is no longer desirable in the best interests conduct of the Company, business of the Company and that the its loss thereof is will not adverse be disadvantageous in any material respect to the HoldersHolders of Securities of any series.

Corporate Existence. Subject to Article V hereofEight, the Company shall do or cause to be done all things necessary to preserve and keep in full force and effect (i) its corporate existence and (ii) the material existence, rights (charter and statutory), licenses and franchises of the Company and its Subsidiaries taken as a wholefranchises; provided, however, that the Company shall not be required to preserve any such right, license or franchise if the Board of Directors of the Company determines that the preservation thereof is no longer desirable in the best interests conduct of the Company, business of the Company and its Subsidiaries taken as a whole and that the loss thereof is not adverse disadvantageous in any material respect to the Holders.

Corporate Existence. Subject to Article V X hereof, the Company shall will do or cause to be done all things necessary to preserve and keep in full force and effect (i) its corporate existence and (ii) the material rights (charter and statutory), licenses ) and franchises of the Company and its Subsidiaries taken as a wholeCompany; provided, however, that the Company shall not be required to preserve any such right, license right or franchise if the Board of Directors determines Company shall determine that the preservation thereof is no longer desirable in the best interests conduct of the Company, its business and that the loss thereof is not adverse disadvantageous in any material respect to the Holdersholders of Debt Securities.

Corporate Existence. Subject to Article V X hereof, the Company shall will do or cause to be done all things necessary to preserve and keep in full force and effect (i) its corporate existence and (ii) the material rights (charter and statutory), licenses ) and franchises of the Company and its Subsidiaries taken as a wholeeach Guarantor; provided, however, that the Company shall not be required to preserve any such right, license right or franchise if the Board of Directors determines Company shall determine that the preservation thereof is no longer desirable in the best interests conduct of the Company, business and its Guarantors as a whole and that the loss thereof is not adverse disadvantageous in any material respect to the Holdersholders of Debt Securities.

Corporate Existence. Subject to Article V hereofXII, the Company shall will do or cause to be done all things necessary to preserve and keep in full force and effect (i) its corporate existence and (ii) the material rights (charter and statutory), licenses and franchises of the Company and its Subsidiaries taken as a whole; provided, however, that the Company shall not be required to preserve any such right, license or franchise right if the Board of Directors determines shall determine in good faith that the preservation thereof is no longer desirable in the best interests conduct of the Company, 's business and that the loss thereof is not, and will not be, adverse in any material respect to the Holders.

Corporate Existence. Subject to Article V hereofARTICLE IV, the Company shall will do or cause to be done all things necessary to preserve and keep in full force and effect (i) its corporate existence and (ii) the material rights (charter and statutory), licenses and franchises of the Company and its Subsidiaries taken as a wholeCompany; provided, however, that the Company shall not be required to preserve any such right, license or franchise franchise, if the Board of Directors determines shall determine that the preservation thereof is no longer desirable in the best interests conduct of the Company, business of the Company taken as a whole and that the loss thereof is not adverse in any material respect to the Holders.

Corporate Existence. Subject to Article V hereof, the Company shall do or cause to be done all things necessary to preserve and keep in full force and effect (i) its corporate existence and (ii) the material rights (charter and statutory), licenses and franchises of the Company and its Subsidiaries taken as a whole; provided, however, that the Company shall not be required to preserve any such right, license or franchise if the Board of Directors or management of the Company determines that the preservation thereof is no longer in the best interests of the Company, and that the loss thereof is not adverse in any material respect to the Holders.

Corporate Existence. Subject to Article V hereofEight, the Company shall do or cause to be done all things necessary to preserve and keep in full force and effect (i) its respective corporate existence and (ii) the material existence, rights (charter and statutory)) and franchises and the respective corporate existence, licenses rights (charter and statutory) and franchises of the Company and its Subsidiaries taken as a wholeSubsidiaries; provided, however, that the Company shall not be required to preserve any such rightexistence, license right or franchise if the Board of Directors determines Company shall determine that the preservation thereof is no longer desirable in the best interests conduct of the Company, business of it and that the loss thereof is its Subsidiaries as a whole and not adverse disadvantageous in any material respect to the Holders.

Corporate Existence. Subject to Article V 10 hereof, the Company shall will do or cause to be done all things necessary to preserve and keep in full force and effect (i) its corporate existence and (ii) the material rights (charter and statutory), licenses and franchises of the Company and its Subsidiaries taken as a whole; provided, however, that the Company shall not be required to preserve any such right, license right or franchise if the Board of Directors Company determines that the preservation thereof is no longer desirable in the best interests conduct of the Company, business of the Company and that the loss thereof is not adverse disadvantageous in any material respect to the Holders.

Corporate Existence. Subject to Article V 10 hereof, the Company shall do or cause to be done all things necessary to preserve and keep in full force and effect (i) its corporate existence and (ii) the material rights (charter and statutory), licenses and franchises of the Company and its Subsidiaries taken as a whole; provided, however, that the Company shall not be required to preserve any such right, license right or franchise if the Board of Directors Company determines that the preservation thereof is no longer desirable in the best interests conduct of the Company, business of the Company and that the loss thereof is not adverse disadvantageous in any material respect to the Holders.

Corporate Existence. Subject to Article V hereofVIII, the Company shall will do or cause to be done all things necessary to preserve and keep in full force and effect (i) its corporate existence and (ii) the material existence, rights (charter and statutory), licenses ) and franchises of the Company and its Subsidiaries taken as a wholefranchises; provided, however, that the Company shall not be required to preserve any such right, license right or franchise if the Board of Directors determines in good faith shall determine that the preservation thereof is no longer desirable in the best interests conduct of the Company, business of the Company and that the loss thereof is not adverse disadvantageous in any material respect to the Holders.

Corporate Existence. Subject to Article V hereof, the Company shall do or cause to be done all things necessary to preserve and keep in full force and effect effect: (i1) its corporate existence and in accordance with its organizational documents (iias the same may be amended from time to time); and (2) the material rights (charter and statutory), licenses and franchises of the Company and each of its Subsidiaries taken as a wholeRestricted Subsidiaries; provided, however, that the Company shall not be required to preserve any such right, license or franchise if the Board of Directors determines of the Company shall determine that the preservation thereof is no longer desirable in the best interests conduct of the Companybusiness of the Company and its Subsidiaries, taken as a whole, and that the loss thereof is not adverse in any material respect to the HoldersHolders of the Notes.

Corporate Existence. Subject to Article V hereofV, the Company shall will do or cause to be done all things necessary to preserve and keep in full force and effect its existence in accordance with its organizational documents (ias the same may be amended from time to time) its corporate existence and (ii) the material rights (charter and statutory), licenses ) and franchises of the Company and its Subsidiaries taken as a wholeCompany; provided, however, that the Company shall not be required to preserve any such right, license franchise or franchise existence if the Board of Directors determines shall determine that the preservation thereof is no longer desirable in the best interests conduct of the Company, business of the Company and that the loss thereof is not adverse in any material respect to the Holdersits Subsidiaries taken as a whole.

Corporate Existence. Subject to Article V hereofVIII, the Company shall do or cause to be done all things necessary to preserve and keep in full force and effect (i) its corporate existence in accordance with its organizational documents and (ii) the material its rights (charter and statutory), licenses ) and franchises of the Company and its Subsidiaries taken as a wholecorporate franchises; provided, however, that the Company shall not be required to preserve any such rightright or franchise, license or franchise if (a) the Board of Directors determines of the Company shall determine that the preservation thereof is no longer desirable in the best interests conduct of the Company, business of the Company and that (b) the loss thereof is not adverse disadvantageous in any material respect to the Holders.

Corporate Existence. Subject to Article V hereofV, the Company Corporation shall do or cause to be done all things necessary to preserve and keep in full force and effect (i) its corporate existence and (ii) the material existence, rights (charter and statutory), licenses ) and franchises of the Company and its Subsidiaries taken as a wholefranchises; provided, however, that the Company Corporation shall not be required to preserve any such right, license right or franchise if the its Board of Directors determines or a committee thereof shall determine that the preservation thereof is no longer desirable in the best interests conduct of the Company, business of the Corporation and that the loss thereof is not adverse disadvantageous in any material respect to the HoldersOwners or Holders of the Warrants, as the case may be.

Corporate Existence. Subject to Article V hereofV, the Company shall will do or cause to be done all things necessary to preserve and keep in full force and effect (i) its corporate existence and (ii) the material rights (charter and statutory), licenses and franchises of the Company and its Subsidiaries taken as a wholeCompany; provided, however, that the Company shall not be required to preserve any such right, license or franchise franchise, if the Board of Directors determines shall determine that the preservation thereof is no longer desirable in the best interests conduct of the Company, business of the Company and its Subsidiaries taken as a whole and that the loss thereof is not adverse in any material respect to the Holders.

Corporate Existence. Subject to Article V hereofV, the Company shall do or cause to be done all things necessary to preserve and keep in full force and effect (i) its corporate existence in accordance with its organizational documents and (ii) the material rights (charter and statutory), licenses ) and corporate franchises of the Company and its Subsidiaries taken as a wholeCompany; provided, however, that the Company shall not be required to preserve any such rightright or franchise, license or franchise if (a) the Board of Directors determines Company shall, in good faith, reasonably determine that the preservation thereof is no longer desirable in the best interests conduct of the Company, its business and that (b) the loss thereof is not adverse disadvantageous in any material respect to the Holders.

Corporate Existence. Subject to Article V hereofARTICLE VIII, the Company shall will do or cause to be done all things necessary to preserve and keep in full force and effect (i) its corporate existence and (ii) the material existence, rights (charter and statutory), licenses ) and franchises of the Company and its Subsidiaries taken as a wholefranchises; provided, however, that the Company shall not be required to preserve any such right, license right or franchise if the Board of Directors determines Company shall determine that the preservation thereof is no longer desirable in the best interests conduct of the business of the Company, and that the loss thereof is not adverse in any material respect to the Holders.

Corporate Existence. Subject to Article V hereofV, the Company shall do or cause to be done all things necessary to preserve and keep in full force and effect (i) its corporate existence in accordance with its organizational documents and (ii) the material rights (charter and statutory), licenses ) and corporate franchises of the Company and its Subsidiaries taken as a wholeCompany; provided, however, that the Company shall not be required to preserve preserve, with respect to itself, any such rightright or franchise, license or franchise if (a) the Board of Directors determines Company shall, in good faith, reasonably determine that the preservation thereof is no longer desirable in the best interests conduct of the Company, business of such entity and that (b) the loss thereof is not adverse disadvantageous in any material respect to the Holders.

Corporate Existence. Subject to Article V hereofIX, the Company shall will do or cause to be done all things necessary to preserve and keep in full force and effect (i) its corporate existence and (ii) the material existence, rights (charter and statutory)) and franchises; PROVIDED, licenses and franchises of the Company and its Subsidiaries taken as a whole; provided, howeverHOWEVER, that the Company shall not be required to preserve any such right, license right or franchise if the Board of Directors determines shall determine that the preservation thereof is no longer desirable in the best interests conduct of the Company, business of the Company and that the loss thereof is not adverse disadvantageous in any material respect to the Holders.

Corporate Existence. Subject to Article V hereofVIII, the Company shall do or cause to be done all things necessary to preserve and keep in full force and effect (i) its corporate existence in accordance with its organizational documents and (ii) the material its rights (charter and statutory)) and corporate franchises; provided , licenses and franchises of the Company and its Subsidiaries taken as a whole; provided, howeverhowever , that the Company shall not be required to preserve any such rightright or franchise, license or franchise if (a) the Board of Directors determines of the Company shall determine that the preservation thereof is no longer desirable in the best interests conduct of the Company, business of the Company and that (b) the loss thereof is not adverse disadvantageous in any material respect to the Holders.

Corporate Existence. Subject to Article V hereofEight, the Company shall will do or cause to be done all things necessary to preserve and keep in full force and effect (i) its corporate existence and (ii) the material rights (charter and statutory), licenses ) and franchises of the Company and its Subsidiaries taken as a wholethe Restricted Subsidiaries; provided, however, that the Company shall not be required to preserve any such right, license right or franchise if the Board of Directors determines it shall determine that the preservation thereof is no longer desirable in the best interests conduct of the Company, business of the Company and/or any Restricted Subsidiary and that the loss thereof is not adverse disadvantageous in any material respect to the Holders.

Corporate Existence. Subject to Article V hereofIV, the Company shall do or cause to be done all things necessary to preserve and keep in full force and effect (i) its corporate existence and (ii) the material rights (charter and statutory), licenses ) and franchises corporate franchise of the Company and its Subsidiaries taken as a wholeCompany; provided, however, that the Company shall not be required to preserve any such right, license right or corporate franchise if the Board of Directors determines shall determine that the preservation thereof is no longer desirable in the best interests conduct of the Company, business of the Company and that the loss thereof is not adverse disadvantageous in any material respect to the Holders.

Corporate Existence. Subject to Article V X hereof, the Company shall will do or cause to be done all things necessary to preserve and keep in full force and effect (i) its corporate existence and (ii) the material rights (charter and statutory), licenses ) and franchises of the Company and its Subsidiaries taken as a wholeCompany; provided, however, that the Company shall not be required to preserve any such right, license right or franchise if the Board of Directors determines Company shall determine that the preservation thereof is no longer desirable in the best interests conduct of the Company, business and its subsidiaries as a whole and that the loss thereof is not adverse disadvantageous in any material respect to the HoldersHolders of Debt Securities.

Corporate Existence. Subject to Article V hereof, the Company shall do or cause to be done all things necessary to preserve and keep in full force and effect (i) its corporate existence and (ii) the material existence, rights (charter and statutory), licenses ) and franchises of the franchises. The Company and its Subsidiaries taken as a whole; providedshall not, however, that the Company shall not be required to preserve any such right, license rights or franchise franchises if the its Board of Directors determines that the preservation thereof is no longer desirable in the best interests conduct of the Company, ’s business and that the loss thereof is not adverse disadvantageous in any material respect to the Holders.

Corporate Existence. Subject to Article V hereofV, the Company shall will do or cause to be done all things necessary to preserve and keep in full force and effect (i) its corporate existence and (ii) the material rights (charter and statutory), licenses and franchises of the Company and its Subsidiaries taken as a wholeCompany; provided, however, that the Company shall not be required to preserve any such right, license or franchise if the Board of Directors determines shall determine that the preservation thereof is no longer desirable in the best interests conduct of the Company, business of the Company and that the loss thereof is not adverse in any material respect to the Holdersits Subsidiaries taken as a whole.

Corporate Existence. Subject to Article V hereof, the The Company shall do or cause to be done all things necessary to preserve and keep in full force and effect (i) its corporate existence and (ii) the material rights (charter and statutory), licenses ) and material franchises of the Company and its Subsidiaries taken as a wholeCompany; provided, however, that the Company shall not be required to preserve any such right, license right or franchise if the Board of Directors determines of the Company shall determine that the preservation thereof of such rights and franchises is no longer desirable in the best interests conduct of the Companybusiness of the Company and its Consolidated Subsidiaries considered as a whole, and that the loss thereof is not adverse disadvantageous in any material respect to the HoldersHolders of the Securities.

Corporate Existence. Subject to Article V hereofXI and Section 4.6, the Company shall do or cause to be done all things necessary to preserve and keep in full force and effect (i) its corporate legal existence and (ii) the material rights (charter and statutory), licenses ) and franchises of the Company and its Subsidiaries taken as a wholefranchises; provided, however, that the Company foregoing shall not be required obligate the Company to preserve any such right, license right or franchise if the Board of Directors determines Company shall determine that the preservation thereof is no longer desirable in the best interests conduct of the Company, its business and that the loss thereof is not adverse disadvantageous in any material respect to the Holdersany Holder.

Corporate Existence. Subject to Except as otherwise permitted under Article V hereofEight and Section 1008, the Company shall will do or cause to be done all things necessary to preserve and keep in full force and effect (i) its corporate existence and (ii) the material rights (charter and statutory), licenses ) and franchises of the Company and its Subsidiaries taken as a wholefranchises; provided, however, that the Company shall will not be required to preserve any such right, license right or franchise if the Board of Directors or senior management of the Company determines that the preservation thereof is no longer desirable in the best interests conduct of the Company, business of the Company and that the loss thereof is not adverse disadvantageous in any material respect to the Holders.”

Corporate Existence. Subject to Article V hereofV, the Company shall will do or cause to be done all things necessary to preserve and keep in full force and effect (i) its corporate existence and (ii) the material existence, rights (charter and statutory), licenses ) and franchises of the Company and its Subsidiaries taken as a wholefranchises; provided, however, that the Company shall will not be required to preserve any such right, license right or franchise if the Board of Directors Trustees determines that the preservation thereof of the right or franchise is no longer desirable in the best interests conduct of the Company, business of the Company and that the its loss thereof is will not adverse be disadvantageous in any material respect to the HoldersHolders of Securities of any series.

Corporate Existence. Subject to Article V hereof8, the Company shall do or cause to be done all things necessary to preserve and keep in full force and effect (i) its corporate existence and (ii) the material that of each Subsidiary and their respective rights (charter and statutory), licenses ) and franchises of the Company and its Subsidiaries taken as a wholefranchises; provided, however, that the Company foregoing shall not be required obligate the Company or any Subsidiary to preserve any such right, license right or franchise if the Board of Directors determines Company or any Subsidiary shall determine that the preservation thereof is no longer desirable in the best interests conduct of its business or the Company, business of such Subsidiary and that the loss thereof is not adverse disadvantageous in any material respect to the Holdersany Holder.

Corporate Existence. Subject to the rights of the Company under Article V hereofXIII, the Company shall do or cause to be done all things necessary to preserve and keep in full force and effect (i) its corporate existence and (ii) the material rights (charter and statutory), licenses ) and franchises of the Company and its Subsidiaries taken as a wholeCompany; provided, however, that the Company shall not be required to preserve any such right, license right or franchise if if, in the Board judgment of Directors determines that the Company, the preservation thereof is no longer desirable in the best conduct of the business of the Company and the loss thereof would not adversely affect the interests of the Company, and that the loss thereof is not adverse Holders in any material respect to the Holdersrespect.”

Corporate Existence. Subject to Article V hereofV, the Company shall do or cause to be done all things necessary to preserve and keep in full force and effect (i) its corporate existence in accordance with its organizational documents and (ii) the material rights (charter and statutory), licenses ) and corporate franchises of the Company and its Subsidiaries taken as a wholeCompany; provided, however, that the Company shall not be required to preserve preserve, with respect to itself, any such rightright or franchise, license or franchise if the Board of Directors determines Company shall, in good faith, reasonably determine that the preservation thereof is no longer necessary or desirable in the best interests conduct of the Company, business of such entity and that the loss thereof is not adverse in any material respect to the Holders.

Corporate Existence. Subject to Article V X hereof, the Company shall will do or cause to be done all things necessary to preserve and keep in full force and effect (i) its corporate existence and (ii) the material rights (charter and statutory), licenses ) and franchises of the Company and its Subsidiaries taken as a wholeCompany; provided, however, that the Company shall not be required to preserve any such right, license right or franchise if the Board of Directors determines Company shall determine that the preservation thereof is no longer desirable in the best interests conduct of the Company, business and that the loss thereof is not adverse disadvantageous in any material respect to the Holdersholders of Debt Securities.

Corporate Existence. Subject to the rights of the Company under Article V hereofXIII, the Company shall do or cause to be done all things necessary to preserve and keep in full force and effect (i) its corporate existence and (ii) the material rights (charter and statutory), licenses ) and franchises of the Company and its Subsidiaries taken as a wholeCompany; provided, however, that the Company shall not be required to preserve any such right, license right or franchise if if, in the Board judgment of Directors determines that the Company, the preservation thereof is no longer desirable in the best conduct of the business of the Company and the loss thereof would not adversely affect the interests of the Company, and that the loss thereof is not adverse Holders in any material respect to the Holdersrespect.

Corporate Existence. Subject to Article V hereof, the Company shall do or cause to be done all things reasonably necessary to preserve and keep in full force and effect effect: (iA) its corporate existence and in accordance with its organizational documents (iias the same may be amended from time to time); and (B) the material rights (charter and statutory), licenses and franchises ) of the Company and its Subsidiaries taken as a wholeCompany; provided, however, that the Company shall not be required to preserve any such right, license or franchise right if the Board of Directors determines of the Company shall determine that the preservation thereof is no longer desirable in the best interests conduct of the Companybusiness of the Company and its Subsidiaries, and that the loss thereof is not adverse in any material respect to the Holderstaken as a whole.

Corporate Existence. Subject to Article V hereofEight, the Company shall do or cause to be done all things necessary to preserve and keep in full force and effect (i) its the corporate existence and (ii) the material existence, rights (charter and statutory), licenses ) and franchises of the Company and its Subsidiaries taken as a wholeeach Subsidiary; provided, however, that the Company shall not be required to -------- ------- preserve any such right, license right or franchise if the Board of Directors determines shall determine that the preservation thereof is no longer desirable in the best interests conduct of the Company, business of the Company and its Subsidiaries as a whole and that the loss thereof is not adverse disadvantageous in any material respect to the Holders.

Corporate Existence. Subject to Article V hereofXI, the Company shall will do or cause to be done all things necessary to preserve and keep in full force and effect (i) its corporate existence and (ii) the material existence, rights (charter and statutory), licenses ) and franchises of the Company and its Subsidiaries taken as a wholefranchises; provided, however, that the Company shall not be required to preserve any such right, license right or franchise if the Board of Directors determines Company shall determine that the preservation thereof is no longer desirable in the best interests conduct of the business of the Company, and that the loss thereof is not adverse in any material respect to the Holders.

Corporate Existence. Subject to Article V hereof, the The Company shall do or cause to be done all things necessary to preserve and keep in full force and effect (i) its corporate existence and (ii) the material rights (charter and statutory), licenses ) and material franchises of the Company and its Subsidiaries taken as a wholeCompany; provided, however, that the Company shall not be required to preserve any such right, license right or franchise if the Board of Directors determines of the Company shall determine 57 66 that the preservation thereof of such rights and franchises is no longer desirable in the best interests conduct of the Companybusiness of the Company and its Consolidated Subsidiaries considered as a whole, and that the loss thereof is not adverse disadvantageous in any material respect to the HoldersHolders of the Securities.

Corporate Existence. Subject to Article V hereofV, the Company shall do or cause to be done all things necessary to preserve and keep in full force and effect (i) its corporate existence and (ii) the material rights (charter and statutory), licenses ) and corporate franchises of the Company and its Subsidiaries taken as a wholeCompany; provided, however, that the Company shall not be required to preserve any such right, license right or franchise if (a) the Board of Directors determines Company shall determine that the preservation thereof is no longer desirable in the best interests conduct of the Company, business of the Company and that (b) the loss thereof is not adverse disadvantageous in any material respect to the Holders.

Corporate Existence. Subject to Article V hereofIV, the Company shall will do or cause to be done all things necessary to preserve and keep in full force and effect (i) its corporate existence and (ii) the material corporate rights (charter and statutory), ) licenses and franchises of the Company and its Subsidiaries taken as a wholeCompany; provided, however, that the Company shall not be required to preserve any such existence, right, license or franchise if the Board of Directors determines Company shall determine that the preservation thereof is no longer desirable in the best interests conduct of the Companybusiness of the Company and each of its Subsidiaries, taken as a whole, and that the loss thereof is not, and will not adverse be, disadvantageous in any material respect to the Holders.

Corporate Existence. Subject to Article V hereofXI, the Company shall will do or cause to be done all things necessary to preserve and keep in full force and effect (i) its corporate existence and (ii) the material existence, rights (charter and statutory)) and franchises; PROVIDED, licenses and franchises of the Company and its Subsidiaries taken as a whole; provided, howeverHOWEVER, that the Company shall not be required to preserve any such right, license right or franchise if the Board of Directors determines shall determine that the preservation thereof is no longer desirable in the best interests conduct of the Company, business of the Company and that the loss thereof is not adverse disadvantageous in any material respect to the Holders.

Corporate Existence. Subject to Article V hereofV, the Company shall do or cause to be done all things necessary to preserve and keep in full force and effect (i) its corporate existence and (ii) the material corporate rights (charter and statutory), ) licenses and franchises of the Company and its Subsidiaries taken as a wholeCompany; provided, however, that the Company shall not be required to preserve any such existence, right, license or franchise if the Board of Directors determines Company shall determine that the preservation thereof is no longer desirable in the best interests conduct of the Companybusiness of the Company and each of its Subsidiaries, taken as a whole, and that the loss thereof is not, and will not adverse be, disadvantageous in any material respect to the Holders.

Corporate Existence. Subject to Article V hereof, the Company shall do or cause to be done all things necessary to preserve and keep in full force and effect (i) its corporate existence and (ii) the material rights (charter and statutory), licenses and franchises of the Company and its Subsidiaries taken as a wholeCompany; provided, however, that the Company shall not be required to preserve any such right, license or franchise franchise, or corporate existence, if (a) the Board of Directors determines Company shall determine that the preservation thereof is no longer desirable in the best interests conduct of the business of the Company, and that the loss thereof is not adverse in any material respect to the HoldersHolders of the Securities.

Corporate Existence. Subject to Article V hereofXI, the Company shall do or cause to be done all things necessary to preserve and keep in full force and effect (i) its corporate legal existence and (ii) the material rights (charter and statutory), licenses ) and franchises of the Company and its Subsidiaries taken as a wholefranchises; provided, however, that the Company foregoing shall not be required obligate the Company to preserve any such right, license right or franchise if the Board of Directors determines Company shall determine that the preservation thereof is no longer desirable in the best interests conduct of the Company, its business and that the loss thereof is not adverse disadvantageous in any material respect to the Holdersany Holder.

Corporate Existence. Subject to Article V hereofV, the Company shall do or cause to be done all things necessary to preserve and keep in full force and effect (i) its corporate existence in accordance with its organizational documents and (ii) the material rights (charter and statutory), licenses ) and corporate franchises of the Company and its Subsidiaries taken as a wholeCompany; provided, -------- however, that the Company shall not be required to preserve preserve, with respect to ------- itself, any such rightright or franchise, license or franchise if the Board of Directors determines Company shall, in good faith, reasonably determine that the preservation thereof is no longer necessary or desirable in the best interests conduct of the Company, business of such entity and that the loss thereof is not adverse in any material respect to the Holders.

Corporate Existence. Subject to Article V hereofIV, the Company shall will do or cause to be done all things necessary to preserve and keep in full force and effect (i) its corporate existence and (ii) the material corporate rights (charter and statutory), ) licenses and franchises of the Company and its Subsidiaries taken as a wholeCompany; provided, however, that the Company shall not be required to preserve any such existence, right, license or franchise if the Board of Directors determines of the Company shall determine that the preservation thereof is no longer desirable in the best interests conduct of the business of the Company, and that the loss thereof is not, and will not adverse be, disadvantageous in any material respect to the Holders.

Corporate Existence. Subject to Article V hereof, the Company shall do or cause to be done all things necessary to preserve and keep in full force and effect (i) its corporate existence and (ii) the material rights (charter and statutory), licenses and franchises of the Company and its 41 Subsidiaries taken as a whole; provided, however, that the Company shall not be required to preserve any such right, license or franchise if the Board of Directors or management of the Company determines that the preservation thereof is no longer in the best interests of the Company, and that the loss thereof is not adverse in any material respect to the Holders.

Corporate Existence. Subject to Article V hereofTwelve, the Company shall do or cause to be done all things necessary to preserve and keep in full force and effect (i) its the corporate existence of the Company and (ii) the material rights (charter and statutory)rights, licenses and franchises of the Company and its Subsidiaries taken as a wholeCompany; provided, however, that the Company shall not be required to preserve any such right, license or franchise of the Company if the Board of Directors of the Company determines that the preservation thereof is no longer desirable in the best interests conduct of the Company, business of the Company and that the loss thereof is will not adverse be disadvantageous in any material respect to the Holders.

Corporate Existence. Subject to Article V hereofVIII, the Company shall will do or cause to be done all things necessary to preserve and keep in full force and effect (i) its the corporate existence and (ii) the material existence, rights (charter and statutory), licenses ) and franchises of the Company and its Subsidiaries taken as a wholeeach Subsidiary; provided, however, that the Company shall not be required to preserve any such right, license right or franchise if the Board of Directors determines shall determine that the preservation thereof is no longer desirable in the best interests conduct of the Company, business of the Company and its Restricted Subsidiaries as a whole and that the loss thereof is not adverse disadvantageous in any material respect to the Holders.

Corporate Existence. Subject to Article V hereof, the Company shall do or cause to be done all things necessary to preserve and keep in full force and effect (i) its corporate existence and (ii) the material rights (charter and statutory), licenses and franchises of the Company and its Subsidiaries taken as a whole; provided, however, that the Company shall not be required to preserve any such right, license right or franchise if the Board of Directors determines or management of the Company shall determine that the preservation thereof is no longer in the best interests of the Company, and that the loss thereof is not adverse in any material respect to the Holders.

Corporate Existence. Subject to Article V hereof, the Company shall do or cause to be done all things necessary to preserve and keep in full force and effect (i) its corporate existence and (ii) the material rights (charter and statutory), licenses and franchises of the Company and its Subsidiaries taken as a whole; provided, however, that the Company shall not be required to preserve any such right, license or franchise if the Board of Directors determines that the preservation thereof is no longer in the best interests of the Company, and that the loss thereof is not adverse in any material respect to the Holders.or

Corporate Existence. Subject to Article V hereofEight, the Company shall will do or cause to be done all things necessary to preserve and keep in full force and effect (i) its corporate existence and (ii) the material rights (charter and statutory), licenses ) and franchises of the Company and its Subsidiaries taken as a wholeeach Subsidiary; provided, however, that the Company shall not be required to preserve any such right, license right or franchise if the Board of Directors determines shall determine that the preservation thereof is no longer desirable in the best interests conduct of the Company, business of the Company and its Subsidiaries as a whole and that the loss thereof is not adverse disadvantageous in any material respect to the HoldersHolders of Notes.

Corporate Existence. Subject to Article V hereofV, the Company shall will do or cause to be done all things necessary to preserve and keep in full force and effect (i) its corporate existence and (ii) the material existence, rights (charter and statutory), licenses ) and franchises of the Company and its Subsidiaries taken as a wholefranchises; provided, however, that the Company shall will not be required to preserve any such right, license right or franchise if the Board of Directors determines that the preservation thereof of the right or franchise is no longer desirable in the best interests conduct of the Company, business of the Company and that the its loss thereof is will not adverse be disadvantageous in any material respect to the Holders.

Corporate Existence. Subject to Except as permitted by the provisions of Article V hereofEight, the Company shall will do or cause to be done all things necessary to preserve and keep in full force and effect (i) its corporate existence and (ii) the material rights (charter and statutory), licenses ) and material franchises of the Company and its Subsidiaries taken as a wholeCompany; provided, however, that the Company shall not be required to preserve any such right, license right or franchise if the Board of Directors determines shall determine that the preservation thereof is no longer desirable in the best interests conduct of the Companybusiness of the Company and its Subsidiaries considered as a whole, and that the loss thereof is not adverse disadvantageous in any material respect to the Holders.

Corporate Existence. Subject to Article V VII hereof, the ------------------- Company shall will do or cause to be done all things necessary to preserve and keep in full force and effect (i) its corporate existence and (ii) the material corporate rights (charter and statutory), corporate licenses and corporate franchises of the Company and its Subsidiaries taken as a wholeCompany; provided, however, that the Company shall not be required to preserve any such -------- ------- right, license or franchise franchise, if the Board of Directors determines of the Company shall determine that the preservation thereof is no longer desirable in the best interests conduct of the Company, business of the Company and that the loss thereof is not adverse in any material respect to the HoldersNoteholders.

Corporate Existence. Subject to Article V hereofARTICLE V, the Company shall do or cause to be done all things necessary to preserve and keep in full force and effect (i) its the corporate or comparable existence of the Company and (ii) each Restricted Subsidiary; provided that the material rights (charter and statutory)Company is not required to preserve the existence of any Restricted Subsidiary, licenses and franchises if the maintenance or preservation thereof is no longer desirable in the conduct of the business of the Company and its Restricted Subsidiaries taken as a whole; provided, however, that the Company shall not be required to preserve any such right, license or franchise if the Board of Directors determines that the preservation thereof is no longer in the best interests of the Company, and that the loss thereof is not adverse in any material respect to the Holders.

Corporate Existence. Subject to Article V hereof, the Company any shall do or cause to be done all things necessary to preserve and keep in full force and effect (i) its corporate existence and (ii) the material rights (charter and statutory), licenses and franchises of the Company and its Subsidiaries taken as a whole; provided, however, that the Company shall not 24 be required to preserve any such right, license or franchise if the Board of Directors determines or management of the Company shall determine that the preservation thereof is no longer in the best interests of the Company, and that the loss thereof is not adverse in any material respect to the Holders.

Corporate Existence. Subject to Article V hereof8, the Company shall will do or cause to be done all things necessary to preserve and keep in full force and effect (i) its corporate existence and (ii) the material rights (charter and statutory), licenses ) and franchises of the Company and its Subsidiaries taken as a wholethe Restricted Subsidiaries; provided, however, that the Company shall not be required to preserve any such right, license right or franchise if the Board of Directors determines it shall determine that the preservation thereof is no longer desirable in the best interests conduct of the Company, business of the Company and/or any Restricted Subsidiary and that the loss thereof is not adverse disadvantageous in any material respect to the Holders.

Corporate Existence. Subject to Article V IV hereof, the Company shall will at all times do or cause to be done all things necessary to preserve and keep in full force and effect (i) its corporate existence and (ii) the material rights (charter and statutory), licenses and franchises of the Company and its Subsidiaries taken as a wholerights; provided, however, that the Company shall not be required to preserve any such right, license or franchise rights if the Board of Directors determines of the Company shall determine that the preservation thereof is no longer desirable in the best interests conduct of the Company, business of the Company and its Subsidiaries and that the loss thereof is not adverse in any material respect materially disadvantageous to the HoldersCompany and its Subsidiaries, taken as a whole.

Corporate Existence. Subject to Article V hereofV, the Company shall will do or cause to be done all things necessary to preserve and keep in full force and effect (i) its corporate existence and (ii) the material rights (charter and statutory), licenses and franchises of the Company and its Subsidiaries taken as a wholeCompany; provided, however, that the Company shall not be required to preserve any such right, license or franchise if the its Board of Directors determines shall determine that the preservation thereof is no longer desirable in the best interests conduct of the Company, business of the Company and its Subsidiaries taken as a whole and that the loss thereof is not adverse in any material respect to the Holders.

Corporate Existence. Subject to Article V hereofV, the Company shall will do or cause to be done all things necessary to preserve and keep in full force and effect (i) its corporate existence and (ii) the material rights (charter and statutory), licenses and franchises of the Company and its Subsidiaries taken as a whole; provided, however, provided that the Company shall not be required to preserve any such right, license or franchise right if the Board of Directors determines Company shall determine that the preservation thereof is no longer desirable in the best interests conduct of the business of the Company, and that the loss thereof is not adverse disadvantageous in any material respect to the Holders.