Existence and Compliance. Maintain its existence, good standing and qualification to do business, where required and comply with all laws, regulations and governmental requirements including, without limitation, environmental laws applicable to it or to any of its property, business operations and transactions.
Existence and Compliance. Maintain its existence, good standing and qualification to do business, where required and comply with all laws, regulations and governmental requirements including, without limitation, environmental laws applicable to it or to any of its properties, business operations and transactions and comply with OHSA, EPA, Pension Guaranty Board and ERISA.
Existence and Compliance. Borrower will, and will cause each of its Subsidiaries to, maintain its existence, good standing and qualification to do business, where required and comply with all laws, regulations and governmental requirements including, without limitation, environmental laws applicable to it or to any of its property, business operations and transactions.
Existence and Compliance. The Company and each Subsidiary will maintain their respective existence, good standing and qualification to do business where required and comply with all agreements, instruments, judgments, laws, regulations and governmental requirements, applicable to them or to any of their respective properties, business operations and transactions, except for such non-compliance with this Section 7 that could not reasonably be expected to have a Material Adverse Effect, and provided that nothing in this Section 7 shall prevent the merger of a Subsidiary into the Company or another Subsidiary.
Existence and Compliance. Maintain its, as well as that of its Subsidiaries, existence, good standing and qualification to do business, where failure to do so would have a material adverse effect on Borrower or its Subsidiaries, and comply with all laws, regulations and governmental requirements including, without limitation, applicable environmental laws or to any of its or their property, business operations and transactions.
Existence and Compliance. The Company agrees that it will, and will cause each Company Subsidiary to, while Investor holds the Note:
(a) maintain its corporate existence in good standing;
(b) comply with all Governmental Requirements applicable to the operation of its business, except for instances of noncompliance that are immaterial;
(c) comply with all agreements, documents and instruments binding on it or affecting its Properties or business, including, without limitation, all Material Contracts, except for instances of noncompliance that are immaterial;
(d) timely file with the Commission all reports required to be filed pursuant to the Exchange Act and refrain from terminating its status as an issuer required by the Exchange Act to file reports thereunder even if the Exchange Act or the rules or regulations thereunder would permit such termination; and
Existence and Compliance. Maintain, and cause each Subsidiary of Borrower to maintain, its existence, good standing and qualification to do business, where required and comply with all laws, regulations and governmental requirements including, without limitation, environmental laws applicable to it or to any of its property, business operations and transactions, except in each case, where the failure of such Subsidiary to comply with the requirements of this section would not result in a Material Adverse Effect.
Existence and Compliance. The Company agrees that it will, during the period beginning on the Execution Date and ending on the Termination Date:
(a) maintain its corporate existence in good standing;
(b) pay or discharge before becoming delinquent (a) all taxes, levies, assessments and governmental charges imposed on it or its income or profits or any of its Property and (b) all lawful claims for labor, material and supplies, which, if unpaid, might become a Lien (other than a Permitted Lien) upon any of its Property, except where the failure to do so would not reasonably be expected to have, individually or in the aggregate, a Material Adverse Effect; provided, however, that the Company shall not be required to pay or discharge any tax, levy, assessment or governmental charge, or claim for labor, material or supplies, whose amount, applicability or validity is being contested in good faith by appropriate proceedings being diligently pursued and for which adequate reserves have been established under US GAAP;
(d) comply with all Governmental Requirements applicable to the operation of its business, except for instances of noncompliance that would not reasonably be expected to have, individually or in the aggregate, a Material Adverse Effect;
(e) comply with all agreements, documents and instruments binding on it or affecting its Properties or business, including, without limitation, all Material Contracts, except for instances of noncompliance that would not reasonably be expected to have, individually or in the aggregate, a Material Adverse Effect;
(f) provide each Investor with copies of all materials sent to its stockholders at the same time as such materials are delivered to such stockholders;
(g) timely file with the Commission all reports required to be filed pursuant to the Exchange Act and refrain from terminating its status as an issuer required by the Exchange Act to file reports thereunder even if the Exchange Act or the rules or regulations thereunder would permit such termination (other than a termination resulting from a Change of Control (as defined in the Debentures));
(h) until the Effective Date, take commercially reasonable steps to restrict each of the Company's Key Employees from selling shares of Common Stock, other than in connection with any 10b-5(1) trading plans in effect as of the Execution Date and disclosed to each Investor in writing; and
(i) use commercially reasonable efforts to maintain adequate insurance coverage (including D&O insurance) for the C...
Existence and Compliance. Maintain its existence, good standing and qualification to do business, where required and the failure to be so qualified will have a Material Adverse Effect on Borrower and comply with all laws, regulations and governmental requirements including, without limitation, environmental laws applicable to it or to any of its property, business operations and transactions, where the failure to comply will have a Material Adverse Effect on Borrower.
Existence and Compliance. Maintain its existence and comply with all laws, regulations and governmental requirements applicable to it or to any of its property, business and transactions.
