Common use of Existence and Compliance Clause in Contracts

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. The Company agrees that it will, and will cause each Company Subsidiary to, while any Investor holds the Noteany Notes: (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