Existence; Businesses and Properties. (a) Do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence, except, in the case of a Restricted Subsidiary other than the Borrower, where the failure to do so would not reasonably be expected to have a Material Adverse Effect, and except as otherwise expressly permitted under Section 6.05.
Appears in 8 contracts
Samples: Revolving Credit Agreement (AZEK Co Inc.), Revolving Credit Agreement (AZEK Co Inc.), Revolving Credit Agreement (AZEK Co Inc.)
Existence; Businesses and Properties. (a) Do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence, exceptexcept as otherwise permitted under Section 6.05, and except for inactive Restricted Subsidiaries that do not engage in the case of a any business and except for Restricted Subsidiary other than the Borrower, where the Subsidiaries whose failure to do so maintain legal existence would not reasonably be expected to have a Material Adverse Effect, and except as otherwise expressly permitted under Section 6.05.
Appears in 7 contracts
Samples: Senior Unsecured Credit Agreement (Choice Hotels International Inc /De), Credit Agreement, Credit Agreement (Choice Hotels International Inc /De)
Existence; Businesses and Properties. (a) Do or cause to be done all things reasonably necessary to preserve, renew and keep in full force and effect its legal existence, except, rights and franchises necessary or desirable in the case normal conduct of a Restricted Subsidiary its business, except (i) other than with respect to the Borrower’s legal existence, where to the extent the failure to do so would not reasonably be expected to have a Material Adverse Effect, and except as otherwise expressly Effect or (ii) pursuant to a transaction permitted under by Section 6.056.05 or Section 6.06.
Appears in 7 contracts
Samples: Short Term Credit Agreement (Novelis Inc.), Intercreditor Agreement (Novelis Inc.), Term Credit Agreement (Novelis Inc.)
Existence; Businesses and Properties. (a) Do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence, except, in the case of a Restricted Subsidiary other than the Borrower, where the failure to do so would not reasonably be expected to have a Material Adverse Effect, and except as otherwise expressly permitted under Section 6.056.04 and except with respect to the Subsidiaries of the Borrower where such failure would not reasonably be likely to have a Material Adverse Effect.
Appears in 7 contracts
Samples: Revolving Credit Facility Agreement (Scripps E W Co /De), Day Competitive Advance And (Scripps E W Co /De), Day Competitive Advance And (Scripps E W Co /De)
Existence; Businesses and Properties. (a) Do or cause to be done all things reasonably necessary to preserve, renew and keep in full force and effect its legal existence, except, rights and franchises necessary or desirable in the case normal conduct of a Restricted Subsidiary its business, except (i) other than with respect to each Co-Borrower’s legal existence, to the Borrower, where extent the failure to do so would not reasonably be expected to have a Material Adverse Effect, and except as otherwise expressly Effect or (ii) pursuant to a transaction permitted under by Section 6.056.05 or Section 6.06.
Appears in 7 contracts
Samples: Credit Agreement (Novelis Inc.), Credit Agreement (Novelis Inc.), Credit Agreement (Novelis Inc.)
Existence; Businesses and Properties. (a) Do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence, except, except (i) in the case of each Subsidiary that is not a Restricted Subsidiary other than Borrower to the Borrower, where extent that the failure to do so would take any such action could not reasonably be expected to have a Material Adverse Effect, and except Effect or (ii) as otherwise expressly permitted under Section 6.056.02.
Appears in 5 contracts
Samples: Credit Agreement (Cummins Inc), Credit Agreement (Cummins Inc), Credit Agreement (Cummins Inc)
Existence; Businesses and Properties. (a) Do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence, except, in the case of a Restricted Subsidiary other than the Borrower, where the failure to do so would not reasonably be expected to have a Material Adverse Effect, and except as otherwise expressly permitted under Section 6.057.04 and except with respect to the Subsidiaries of the Borrower where such failure would not reasonably be likely to have a Material Adverse Effect.
Appears in 5 contracts
Samples: Senior Unsecured Term Loan Agreement (Scripps Networks Interactive, Inc.), First Amendment (Scripps Networks Interactive, Inc.), Year Competitive Advance And (Scripps Networks Interactive, Inc.)
Existence; Businesses and Properties. (a) Do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence, except, except (i) in the case of each Subsidiary that is not a Restricted Subsidiary other than Borrower to the Borrower, where extent that the failure to do so would take any such action could not reasonably be expected to have a Material Adverse Effect, and except Effect or (ii) as otherwise expressly permitted under Section 6.056.03.
Appears in 5 contracts
Samples: Assignment and Assumption (Cummins Inc), Credit Agreement (Cummins Inc), Credit Agreement (Cummins Inc)
Existence; Businesses and Properties. (a) Do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence, except, in the case of a Restricted Subsidiary other than the Borrower, except (i) where the failure to do so would not reasonably be expected to have a Material Adverse Effect, and except (ii) as otherwise expressly permitted under Section 6.056.05 and (iii) the liquidation or dissolution of any Restricted Subsidiary if the assets of such Restricted Subsidiaries are acquired by the Borrower or a Subsidiary of the Borrower.
Appears in 5 contracts
Samples: Credit Agreement (Tuesday Morning Corp/De), Credit Agreement (Tuesday Morning Corp/De), Credit Agreement (Generac Holdings Inc.)
Existence; Businesses and Properties. (a) Do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence, except, in the case of a Restricted Subsidiary other than the Borrower, except (i) where the failure to do so would not reasonably be expected to have a Material Adverse Effect, and except (ii) as otherwise expressly permitted under Section 6.056.05 and (iii) the liquidation or dissolution of any Restricted Subsidiary if the assets of such Restricted Subsidiaries are acquired by any Borrower or a Subsidiary of any Borrower.
Appears in 4 contracts
Samples: Credit Agreement (Generac Holdings Inc.), Credit Agreement (Generac Holdings Inc.), Credit Agreement (Generac Holdings Inc.)
Existence; Businesses and Properties. (a) Do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence, except, in the case of a Restricted Subsidiary other than the Borrower, except (i) where the failure to do so would not reasonably be expected to have a Material Adverse Effect, Effect and except (ii) as otherwise expressly permitted under Section 6.05.
Appears in 4 contracts
Samples: Credit Agreement (Tuesday Morning Corp/De), Credit Agreement (Tuesday Morning Corp/De), Credit Agreement (Tuesday Morning Corp/De)
Existence; Businesses and Properties. (a) Do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence, exceptexcept (i) where, other than in the case of a Restricted Subsidiary other than the BorrowerBorrowers, where the failure to do so would not reasonably be expected to have a Material Adverse Effect, and except (ii) as otherwise expressly permitted under Section 6.056.05 and (iii) the liquidation or dissolution of any Restricted Subsidiary if the assets of such Restricted Subsidiaries are acquired by any Borrower or a Restricted Subsidiary of any Borrower.
Appears in 4 contracts
Samples: Credit Agreement (Ollie's Bargain Outlet Holdings, Inc.), Credit Agreement (Ollie's Bargain Outlet Holdings, Inc.), Credit Agreement (Ollie's Bargain Outlet Holdings, Inc.)
Existence; Businesses and Properties. (a) Do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence, except, in the case of a Restricted Subsidiary other than the Borrower, except (i) where the failure to do so would not reasonably be expected to have a Material Adverse Effect, and except (ii) as otherwise expressly permitted under Section 6.05, and (iii) the liquidation or dissolution of Restricted Subsidiaries if the assets of such Restricted Subsidiaries (to the extent they exceed estimated liabilities) are acquired by the Borrower or a Subsidiary of the Borrower.
Appears in 4 contracts
Samples: Credit Agreement (Generac Holdings Inc.), Credit Agreement (Generac Holdings Inc.), Credit Agreement (Generac Holdings Inc.)
Existence; Businesses and Properties. (a) Do or cause to be done all things reasonably necessary to preserve, renew and keep in full force and effect its legal existence, except, rights and franchises necessary or desirable in the case normal conduct of a Restricted Subsidiary its business, except (i) other than with respect to a Borrower’s, Borrowing Base Guarantor’s or Receivables Seller’s legal existence, to the Borrower, where extent the failure to do so would not reasonably be expected to have a Material Adverse Effect, and except as otherwise expressly Effect or (ii) pursuant to a transaction permitted under by Section 6.056.05 or Section 6.06.
Appears in 3 contracts
Samples: Credit Agreement (Novelis Inc.), Credit Agreement (Novelis Inc.), Credit Agreement (Novelis Inc.)
Existence; Businesses and Properties. (a) Do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence, except, in the case of a Restricted Subsidiary (other than the any Borrower) of Holdings, where the failure to do so would not reasonably be expected to have a Material Adverse Effect, and except (in all cases) as otherwise expressly permitted under Section 6.057.05.
Appears in 3 contracts
Samples: Credit Agreement (Rayonier Advanced Materials Inc.), Credit Agreement (Rayonier Advanced Materials Inc.), First Restatement Agreement (Rayonier Advanced Materials Inc.)
Existence; Businesses and Properties. (a) Do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence, except, in the case of a Restricted Subsidiary other than the Borrower, where the failure to do so would not reasonably be expected to have a Material Adverse Effect, and except as otherwise expressly permitted under Section 6.056.05 or, in the case of any Subsidiary, where any such failures, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect.
Appears in 3 contracts
Samples: Landlord Access Agreement (Sola International Inc), Credit Agreement (Sola International Inc), Credit Agreement (Sola International Inc)
Existence; Businesses and Properties. (a) Do or cause to be done all things necessary to preserve, renew and keep maintain in full force and effect its legal existenceexistence under the laws of the jurisdiction of its organization or formation, except, in the case of a Restricted Subsidiary other than the Borrower, where the failure to do so would not reasonably be expected to have a Material Adverse Effect, and except as otherwise expressly permitted under Section 6.056.05 or Section 6.06 or, in the case of any Subsidiary, where the failure to perform such obligations could not reasonably be expected to result in a Material Adverse Effect.
Appears in 3 contracts
Samples: Credit Agreement (Merge Healthcare Inc), Credit Agreement (Merge Healthcare Inc), Credit Agreement (Merge Healthcare Inc)
Existence; Businesses and Properties. (a) Do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence, except, in the case of a Restricted Subsidiary other than the Borrower, where the failure to do so would not reasonably be expected to have a Material Adverse Effect, and except as otherwise expressly permitted under Section 6.056.05 or, in the case of any Subsidiary (other than the Borrower), where the failure to perform such obligations, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect.
Appears in 3 contracts
Samples: Credit Agreement (General Cable Corp /De/), Credit Agreement (General Cable Corp /De/), Credit Agreement (General Cable Corp /De/)
Existence; Businesses and Properties. (a) Do or cause to be done all things necessary to preserve, renew and keep maintain in full force and effect its legal existence, except, in the case of a Restricted Subsidiary other than the Borrower, where the failure to do so would not reasonably be expected to have a Material Adverse Effect, and except as otherwise expressly permitted under Section 6.056.05 or Section 6.06 or, in the case of any Subsidiary, where the failure to perform such obligations, individually or in the aggregate, would not reasonably be expected to result in a Material Adverse Effect.
Appears in 3 contracts
Samples: Credit Agreement (Verasun Energy Corp), Credit Agreement (Bearingpoint Inc), Credit Agreement (International Coal Group, Inc.)
Existence; Businesses and Properties. (a) Do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence, except, in except as otherwise permitted under Section 6.05 and except to the case of a Restricted Subsidiary extent (other than with respect to the Borrower, where ) that the failure to do so would not reasonably be expected expected, individually or in the aggregate, to have a Material Adverse Effect, and except as otherwise expressly permitted under Section 6.05.
Appears in 3 contracts
Samples: Credit Agreement (DT Midstream, Inc.), Credit Agreement (DT Midstream, Inc.), Credit Agreement (DT Midstream, Inc.)
Existence; Businesses and Properties. (ao) Do or cause to be done all things reasonably necessary to preserve, renew and keep in full force and effect its legal existence, except, rights and franchises necessary or desirable in the case normal conduct of a Restricted Subsidiary its business, except (i) other than with respect to a Borrower’s or Borrowing Base Guarantor’s legal existence, to the Borrower, where extent the failure to do so would not reasonably be expected to have a Material Adverse Effect, and except as otherwise expressly Effect or (ii) pursuant to a transaction permitted under by Section 6.056.05 or Section 6.06.
Appears in 2 contracts
Samples: Credit Agreement (Novelis Inc.), Credit Agreement (Novelis Inc.)
Existence; Businesses and Properties. (a) Do or cause to be done all things necessary to preserve, renew and keep maintain in full force and effect its legal existence, except, in the case of a Restricted Subsidiary other than the Borrower, where the failure to do so would not reasonably be expected to have a Material Adverse Effect, and except as otherwise expressly permitted under Section 6.056.05 or Section 6.06 or, in the case of any Restricted Subsidiary, where the failure to perform such obligations, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect.
Appears in 2 contracts
Samples: Credit Agreement (CPI International, Inc.), Credit Agreement (Petroleum Geo Services Asa)
Existence; Businesses and Properties. (a) Do or cause to be done all things reasonably necessary to preserve, renew and keep in full force and effect its legal existence, except, rights and franchises necessary or desirable in the case normal conduct of a Restricted Subsidiary its business, except (i) other than with respect to a Borrower’s or Borrowing Base Guarantor’s existence, to the Borrower, where extent the failure to do so would not reasonably be expected to have a Material Adverse Effect, and except as otherwise expressly Effect or (ii) pursuant to a transaction permitted under by Section 6.056.05 or Section 6.06.
Appears in 2 contracts
Samples: Credit Agreement (Novelis Inc.), Security Agreement (Novelis South America Holdings LLC)
Existence; Businesses and Properties. (a) Do or cause to be done all things necessary to preserve, renew and keep in full force and effect its the legal existenceexistence of the Borrower and each Significant Subsidiary, except, in the case of a Restricted Subsidiary other than the Borrower, where the failure to do so would not reasonably be expected to have a Material Adverse Effect, and except as otherwise expressly permitted under Section 6.05.
Appears in 2 contracts
Samples: Credit Agreement (Pacificorp /Or/), Credit Agreement (Pacificorp /Or/)
Existence; Businesses and Properties. (a) Do or cause to be done all things necessary to preserve, renew and keep maintain in full force and effect its legal existenceexistence and good standing under the laws of the jurisdiction of its organization, except, in the case of a Restricted Subsidiary other than the Borrower, where the failure to do so would not reasonably be expected to have a Material Adverse Effect, and except as otherwise expressly permitted under Section 6.056.05 or Section 6.06 or, in the case of any Subsidiary, where the failure to perform such obligations, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect.
Appears in 2 contracts
Samples: Credit Agreement (Regency Energy Partners LP), Credit Agreement (Regency Energy Partners LP)
Existence; Businesses and Properties. (a) Do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence, exceptexcept as otherwise expressly permitted under Section 6.05, and except for inactive Restricted Subsidiaries that do not engage in the case of a any business and except for Restricted Subsidiary other than the Borrower, where the Subsidiaries whose failure to do so maintain legal existence would not reasonably be expected to have a Material Adverse Effect, and except as otherwise expressly permitted under Section 6.05.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Choice Hotels International Inc /De), Revolving Credit Agreement (Choice Hotels International Inc /De)
Existence; Businesses and Properties. (a) Do or cause to be done all things necessary to preserve, renew and keep maintain in full force and effect its legal existence, except, in the case of a Restricted Subsidiary other than the Borrower, where the failure to do so would not reasonably be expected to have a Material Adverse Effect, and except as otherwise expressly permitted under Section 6.056.04 or Section 6.05 or, in the case of any Restricted Subsidiary, where the failure to perform such obligations, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Bankrate, Inc.), Revolving Credit Agreement (Bankrate, Inc.)
Existence; Businesses and Properties. (a) Do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence, except, in the case of a Restricted Subsidiary other than the Borrower, except (i) where the failure to do so would not reasonably be expected to have a Material Adverse Effect, and except (ii) as otherwise expressly permitted under Section 6.05, and (iii) the liquidation or dissolution of Restricted Subsidiaries if the assets of such Restricted Subsidiaries (to the extent they exceed estimated liabilities) are acquired by the Company or a Restricted Subsidiary of the Company.
Appears in 2 contracts
Samples: Credit Agreement (Edwards Group LTD), Credit Agreement (Edwards Group LTD)
Existence; Businesses and Properties. (a) Do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence, except, in the case of a Restricted Subsidiary other than the Borrower, where the failure to do so would not reasonably be expected to have a Material Adverse Effect, and except as otherwise expressly permitted under Section 6.056.05 or, in the case of any Subsidiary, where the failure to perform such obligations, individually or in the aggregate, would not reasonably be expected to result in a Material Adverse Effect.
Appears in 2 contracts
Samples: Credit Agreement (Broder Bros., Co.), Credit Agreement (Broder Bros Co)
Existence; Businesses and Properties. (a) a. Do or cause to be done all things necessary to preserve, renew and keep maintain in full force and effect its legal existence, except, in the case of a Restricted Subsidiary other than the Borrower, where the failure to do so would not reasonably be expected to have a Material Adverse Effect, and except as otherwise expressly permitted under Section 6.056.05 or Section 6.06 or, in the case of any Restricted Subsidiary, where the failure to perform such obligations, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect.
Appears in 2 contracts
Samples: Second Lien Credit Agreement (CPI International Holding Corp.), Credit Agreement (CPI International Holding Corp.)
Existence; Businesses and Properties. (a) Do or cause to be done all things commercially reasonable and necessary to preserve, renew and keep maintain in full force and effect its legal existence, except, in the case of a Restricted Subsidiary other than the Borrower, where the failure to do so would not reasonably be expected to have a Material Adverse Effect, and except as otherwise expressly permitted under Section 6.056.03 or Section 6.05 or, in the case of Borrower or any Subsidiary, where the failure to perform such obligations, individually or in the aggregate, would not reasonably be expected to result in a Material Adverse Effect.
Appears in 2 contracts
Samples: Senior Secured Credit Agreement (Lifetime Brands, Inc), Senior Secured Credit Agreement (Lifetime Brands, Inc)
Existence; Businesses and Properties. (a) Do or cause to be done all things necessary to preserve, renew and keep maintain in full force and effect its legal existence, except, in the case of a Restricted Subsidiary other than the Borrower, where the failure to do so would not reasonably be expected to have a Material Adverse Effect, and except as otherwise expressly permitted under Section 6.056.04 or 6.05 or, in the case of any Restricted Subsidiary, where the failure to perform such obligations could not reasonably be expected to result in a Material Adverse Effect.
Appears in 2 contracts
Samples: Credit Agreement (Transfirst Holdings Corp.), Credit Agreement (Transfirst Holdings Corp.)
Existence; Businesses and Properties. (a) Do Do, or cause to be done done, all things necessary to preserve, renew and keep in full force and effect its legal existence, except, in the case of a Restricted Subsidiary other than of the BorrowerBorrower that is not a Loan Party, where the failure to do so would not reasonably be expected to have a Material Adverse Effect, and except as otherwise expressly permitted under Section 6.05.
Appears in 2 contracts
Samples: Credit Agreement (Verso Paper Holdings LLC), Loan Agreement (Verso Paper Holdings LLC)
Existence; Businesses and Properties. (a) Do or cause to be done all things reasonably necessary to preserve, renew and keep in full force and effect its legal existence, except, rights and franchises necessary or desirable in the case normal conduct of a Restricted Subsidiary its business, except (i) other than with respect to a Borrower’s existence, to 103 the Borrower, where extent the failure to do so would not reasonably be expected to have a Material Adverse Effect, and except as otherwise expressly Effect or (ii) pursuant to a transaction permitted under by Section 6.056.05 or Section 6.06.
Appears in 2 contracts
Samples: Security Agreement (Novelis South America Holdings LLC), Credit Agreement (Novelis Inc.)
Existence; Businesses and Properties. (a) Do or cause to be done all things reasonably necessary to preserve, renew and keep maintain in full force and effect its legal existence, except, in the case of a Restricted Subsidiary other than the Borrower, where the failure to do so would not reasonably be expected to have a Material Adverse Effect, and except as otherwise expressly permitted under Section 6.057.5 or Section 7.6 or, in the case of any Subsidiary, where the failure to perform such obligations, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect.
Appears in 2 contracts
Samples: Senior Credit Agreement, Revolving Credit Agreement
Existence; Businesses and Properties. (a) Do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existenceexistence and good standing under the laws of the jurisdiction of its organization, except, in the case of a Restricted Subsidiary other than the Borrower, where the failure to do so would not reasonably be expected to have a Material Adverse Effect, and (i) except as otherwise expressly permitted under Section 6.05., and (ii) except for the liquidation or dissolution of Subsidiaries if the assets of such Subsidiaries to the extent they exceed estimated
Appears in 1 contract
Existence; Businesses and Properties. (a) Do or cause to be done all things necessary to preserve, renew and keep maintain in full force and effect its legal existenceexistence and the rights, exceptlicenses, in permits, privileges and franchises material to the case conduct of a Restricted Subsidiary its business, except (i) as otherwise permitted under Section 6.05 or Section 6.06 or (ii) to the extent (other than with respect to the preservation of the existence of Borrower, where ) that the failure to do so would could not reasonably be expected to have have, individually or in the aggregate, a Material Adverse Effect, and except as otherwise expressly permitted under Section 6.05.. 107
Appears in 1 contract
Existence; Businesses and Properties. (a) Do or cause to be done all things reasonably necessary to preserve, renew and keep maintain in full force and effect its legal existence, except, in the case of a Restricted Subsidiary other than the Borrower, where the failure to do so would not reasonably be expected to have a Material Adverse Effect, and except as otherwise expressly permitted under Section 6.056.05 or Section 6.06 or, in the case of any Subsidiary, where the failure to perform such obligations, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect.
Appears in 1 contract
Samples: Credit Agreement (USA Mobility, Inc)
Existence; Businesses and Properties. (a) Do or cause to be done all things necessary to preserve, renew and keep maintain in full force and effect its legal existence, except, in the case of a Restricted Subsidiary other than the Borrower, where the failure to do so would not reasonably be expected to have a Material Adverse Effect, and except as otherwise expressly permitted under Section 6.056.05 or Section 6.08 or, in the case of any Restricted Subsidiary, where the failure to perform such obligations, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect.
Appears in 1 contract
Existence; Businesses and Properties. (a) Do or cause to be done all things necessary to preserve, renew and keep maintain in full force and effect its legal existenceexistence and the rights, exceptlicenses, in permits, privileges and franchises material to the case conduct of a Restricted Subsidiary its business, except (i) as otherwise permitted under Section 6.05 or Section 6.06 or (ii) to the extent (other than with respect to the preservation of the existence of Borrower, where ) that the failure to do so would could not reasonably be expected to have have, individually or in the aggregate, a Material Adverse Effect, and except as otherwise expressly permitted under Section 6.05.. 141
Appears in 1 contract
Existence; Businesses and Properties. (ak) Do or cause to be done all things reasonably necessary to preserve, renew and keep in full force and effect its legal existence, except, rights and franchises necessary or desirable in the case normal conduct of a Restricted Subsidiary its business, except (i) other than with respect to the Borrower’s legal existence, where to the extent the failure to do so would not reasonably be expected to have a Material Adverse Effect, and except as otherwise expressly Effect or (ii) pursuant to a transaction permitted under by Section 6.056.05 or Section 6.06.
Appears in 1 contract
Samples: Credit Agreement (Novelis Inc.)
Existence; Businesses and Properties. (a) i. Do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence, exceptexcept as otherwise permitted under Section 6.05, and except for inactive Restricted Subsidiaries that do not engage in the case of a any business and except for Restricted Subsidiary other than the Borrower, where the Subsidiaries whose failure to do so maintain legal existence would not reasonably be expected to have a Material Adverse Effect, and except as otherwise expressly permitted under Section 6.05.
Appears in 1 contract
Samples: Senior Unsecured Credit Agreement (Choice Hotels International Inc /De)
Existence; Businesses and Properties. (a) Do or cause to be done all things necessary to preserve, renew and keep maintain in full force and effect its legal existenceexistence and the rights, exceptlicenses, in permits, privileges and franchises material to the case conduct of a Restricted Subsidiary its business, except (i) as otherwise permitted under Section 6.05 or Section 6.06 or (ii) to the extent (other than with respect to the preservation of the existence of Borrower, where ) that the failure to do so would could not reasonably be expected to have have, individually or in the aggregate, a Material Adverse Effect, and except as otherwise expressly permitted under Section 6.05.
Appears in 1 contract
Samples: Security Agreement (SolarWinds Corp)
Existence; Businesses and Properties. (a) Do or cause to be done all things commercially reasonable and necessary to preserve, renew and keep maintain in full force and effect its legal existence, except, in the case of a Restricted Subsidiary other than the Borrower, where the failure to do so would not reasonably be expected to have a Material Adverse Effect, and except as otherwise expressly permitted under Section 6.056.05 or Section 6.06 or, in the case of Borrower or any Subsidiary, where the failure to perform such obligations, individually or in the aggregate, would not reasonably be expected to result in a Material Adverse Effect.
Appears in 1 contract
Existence; Businesses and Properties. (a) Do or cause to be done all things necessary to preserve, renew and keep maintain in full force and effect its legal existence, except, in the case of a Restricted Subsidiary other than the Borrower, where the failure to do so would not reasonably be expected to have a Material Adverse Effect, and except as otherwise expressly permitted under Section 6.056.05 or, in the case of any Subsidiary, Section 6.06 or, where the failure to perform such obligations, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect.
Appears in 1 contract
Samples: Credit Agreement (Banta Corp)
Existence; Businesses and Properties. (a) Do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence, except, in the case of a Restricted Subsidiary (other than the Borrower) of Holdings, where the failure to do so would not reasonably be expected to have a Material Adverse Effect, and except (in all cases) as otherwise expressly permitted under Section 6.057.05.
Appears in 1 contract
Samples: Credit Agreement (Rayonier Advanced Materials Inc.)
Existence; Businesses and Properties. (ai) Do or cause to be done all things necessary to preserve, renew and keep maintain in full force and effect its legal existence, except, in the case of a Restricted Subsidiary other than the Borrower, where the failure to do so would not reasonably be expected to have a Material Adverse Effect, and except as otherwise expressly permitted under Section 6.056.05 or Section 6.06 or, in the case of any Subsidiary, where the failure to perform such obligations, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect.
Appears in 1 contract
Existence; Businesses and Properties. (ai) Do or cause to be done all things necessary to preserve, renew and keep maintain in full force and effect its legal existence, except, in the case of a Restricted Subsidiary other than the Borrower, where the failure to do so would not reasonably be expected to have a Material Adverse Effect, and except as otherwise expressly permitted under Section 6.058.2(e) or Section 8.2(f) or, in the case of any Subsidiary, where the failure to perform such obligations, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect.
Appears in 1 contract
Samples: Note Purchase Agreement (Cambium-Voyager Holdings, Inc.)
Existence; Businesses and Properties. (a) Do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence, except, in except as otherwise permitted under Section 6.05 and except to the case of a Restricted Subsidiary extent (other than with respect to the preservation of the existence of the Borrower, where ) that the failure to do so would not reasonably be expected expected, individually or in the aggregate, to have a Material Adverse Effect, and except as otherwise expressly permitted under Section 6.05.
Appears in 1 contract
Existence; Businesses and Properties. (a) Do or cause to be done all things reasonably necessary to preserve, renew and keep in full force and effect its legal existence, except, rights and franchises necessary or desirable in the case normal conduct of a Restricted Subsidiary its business, except (i) other than with respect to a Borrower’s or Borrowing Base Guarantor’s legal existence, to the Borrower, where extent the failure to do so would not reasonably be expected to have a Material Adverse Effect, and except as otherwise expressly Effect or (ii) pursuant to a transaction permitted under by Section 6.056.05 or Section 6.06.
Appears in 1 contract
Samples: Security Agreement (Novelis Inc.)
Existence; Businesses and Properties. (a) Do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence, except as otherwise expressly permitted under Section 6.016.01 and except, other than in the case of a Restricted Subsidiary other than the BorrowerLoan Parties, where the failure to do so would could not reasonably be expected to have a Material Adverse Effect, and except as otherwise expressly permitted under Section 6.05.; and
Appears in 1 contract
Existence; Businesses and Properties. (a) Do or cause to be done all things necessary to preserve, renew and keep maintain in full force and effect its legal existence, except, in the case of a Restricted Subsidiary other than the Borrower, where the failure to do so would not reasonably be expected to have a Material Adverse Effect, and except as otherwise expressly permitted under Section 6.057.05 or Section 7.06 or, in the case of any Subsidiary Guarantor, where the failure to perform such obligations, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect.
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Samples: Purchase Agreement (Digital Domain)
Existence; Businesses and Properties. (a) Do or cause to be done all things necessary to preserve, renew and keep in full force and effect its and its Subsidiaries legal existence, except, in the case of a Restricted Subsidiary other than the Borrower, where the failure to do so would not reasonably be expected to have a Material Adverse Effect, and except as otherwise expressly permitted under Section 6.056.05 except, in the case of any Subsidiary where the failure to perform such obligations, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect.
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Existence; Businesses and Properties. (a) Do Do, or cause to be done done, all things necessary to preserve, renew and keep in full force and effect its legal existence, except, in the case of a Restricted Subsidiary other than of the Borrower, where the failure to do so would not reasonably be expected to have a Material Adverse Effect, and except as otherwise expressly permitted under Section 6.05.under
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Samples: Credit Agreement (Verso Paper Corp.)
Existence; Businesses and Properties. (a) Do or cause to be ------------------------------------ done all things necessary to preserve, renew and keep in full force and effect its legal existence, exceptexcept as otherwise expressly permitted under Section 6.05, and except for inactive Subsidiaries that do not engage in the case of a Restricted Subsidiary other than the Borrower, where the any business and whose failure to do so maintain legal existence would not reasonably be expected to have a Material Adverse Effect, and except as otherwise expressly permitted under Section 6.05.
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Samples: Credit Facilities Agreement (Choice Hotels International Inc /De)
Existence; Businesses and Properties. (a) Do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence, exceptexcept (i) where, other than in the case of a Restricted Subsidiary other than the BorrowerBorrowers, where the failure to do so would not reasonably be expected to have a Material Adverse Effect, and except (ii) as otherwise expressly permitted under Section 6.056.05 and (iii) the liquidation or dissolution of any Restricted Subsidiary if the assets of such Restricted Subsidiaries are acquired by any Borrower or a Subsidiary of any Borrower.
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Samples: Intellectual Property Security Agreement (Ollie's Bargain Outlet Holdings, Inc.)
Existence; Businesses and Properties. (a) Do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence, except as otherwise expressly permitted under Section 6.05 of the Existing Credit Agreement and except, in the case of a Restricted Subsidiary other than the Borrowerwith respect to any Subsidiary, where the failure to do so would could not reasonably be expected expected, individually or in the aggregate, to have result in a Material Adverse Effect, and except as otherwise expressly permitted under Section 6.05.
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Existence; Businesses and Properties. (a) Do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence, except, in the case of a Restricted Subsidiary other than the Borrower, where the failure to do so would not reasonably be expected to have a Material Adverse Effect, and except (i) as otherwise expressly permitted under Section 6.056.05 and (ii) Immaterial Subsidiaries may be liquidated or dissolved if the Borrower reasonably determines that doing so would not be disadvantageous to the Lenders in any material respect.
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Existence; Businesses and Properties. (a) Do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence, except, in provided that the case foregoing shall not be construed to prohibit any merger or consolidation permitted by Section 7.05 or the liquidation or dissolution of a Restricted Subsidiary any subsidiary of the Borrower that is not prohibited by any other than the Borrower, where the failure to do so would not reasonably be expected to have a Material Adverse Effect, and except as otherwise expressly permitted under Section 6.05provision of this Agreement.
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Existence; Businesses and Properties. (a) Do or cause to be done all things reasonably necessary to preserve, renew and keep maintain in full force and effect its legal existenceexistence and, except, in except to the case of a Restricted Subsidiary other than the Borrower, where extent the failure to do so would not could not, either individually or in the aggregate, reasonably be expected to have a Material Adverse Effect, all rights and franchises, licenses and permits material to its business, except as otherwise expressly permitted under Section 6.056.05 or Section 6.06.
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Samples: Credit Agreement (Five Below, Inc)