Common use of Existence; Businesses and Properties Clause in Contracts

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 7.04 and except with respect to the Subsidiaries of the Borrower where such failure would not reasonably be likely to have a Material Adverse Effect. (b) Except to the extent that the failure to do or cause the same to be done would not be reasonably likely to have a Material Adverse Effect, (i) do or cause to be done all things necessary to obtain, preserve, renew, extend and keep in full force and effect the rights, licenses, permits, franchises, authorizations, patents, copyrights, trademarks and trade names material to the conduct of its business; (ii) maintain and operate such business in substantially the manner in which it is presently conducted and operated (subject to changes in the ordinary course of business); (iii) comply in all material respects with all applicable laws, rules, regulations and orders of any Governmental Authority, whether now in effect or hereafter enacted; and (iv) at all times maintain and preserve all property material to the conduct of such business and keep such property in good repair, working order and condition and from time to time make, or cause to be made all needful and proper repairs, renewals, additions, improvements and replacements thereto necessary in order that the business carried on in connection therewith may be properly conducted at all times.

Appears in 4 contracts

Samples: Senior Unsecured Term Loan Agreement (Scripps Networks Interactive, Inc.), Five Year Competitive Advance and Revolving Credit Facility Agreement (Scripps Networks Interactive, Inc.), Five Year Competitive Advance and Revolving Credit Facility Agreement (Scripps Networks Interactive, Inc.)

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Existence; Businesses and Properties. (a) Do or cause to be done all things necessary to preservePreserve, 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 as otherwise expressly permitted under Section 7.04 6.05 and except with respect where the failure to the Subsidiaries of the Borrower where such failure would be in good standing could not reasonably be likely expected to have a Material Adverse Effect; provided that any Subsidiary may dissolve, liquidate or wind up its affairs at any time if such dissolution, liquidation or winding up, as applicable, could not reasonably be expected to have a Material Adverse Effect. (b) Except Take all action to obtain, preserve, renew and maintain in full force and effect all rights, privileges, permits, licenses and franchises necessary or desirable in the normal conduct of its business and to preserve, renew and maintain all of its registered patents, trademarks, trade names and services marks, except, in each case, to the extent that the failure to do or cause the same to so could not reasonably be done would not be reasonably likely expected to have a Material Adverse Effect, (i) do or cause to be done all things necessary to obtain, preserve, renew, extend and keep in full force and effect the rights, licenses, permits, franchises, authorizations, patents, copyrights, trademarks and trade names material to the conduct of its business; (ii) maintain and operate such business in substantially the manner in which it is presently conducted and operated (subject to changes in the ordinary course of business); (iii) comply in all material respects with all applicable laws, rules, regulations and orders of any Governmental Authority, whether now in effect or hereafter enacted; and (iv) at all times maintain and preserve all property material to the conduct of such its business and keep such property in good repair, working order and condition and from time to time make, or cause to be made made, all needful and proper repairs, renewals, additions, improvements and replacements thereto necessary in order that the business carried on in connection therewith may be properly conducted at all times.

Appears in 4 contracts

Samples: Credit Agreement (Wellcare Health Plans, Inc.), Credit Agreement (Wellcare Health Plans, Inc.), Credit Agreement (Wellcare Health Plans, 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 7.04 8.05 and except except, with respect to any Subsidiary, where the Subsidiaries of the Borrower where such failure would to do so could not reasonably be likely expected, individually or in the aggregate, to have result in a Material Adverse Effect. (b) Except to the extent that the failure to do or cause the same to be done would not be reasonably likely to have a Material Adverse Effect, (i) do Do or cause to be done all things necessary to obtain, preserve, renew, extend and keep in full force and effect the rights, licenses, permits, franchises, authorizations, patents, copyrights, trademarks and trade names material to the conduct of the business of the Borrower and its businessSubsidiaries taken as a whole; (ii) maintain and operate such business in substantially the manner in which it is presently conducted and operated (subject to changes in the ordinary course of business)operated; (iii) comply in all material respects with all applicable laws, rules, regulations and orders of any Governmental AuthorityLaws, whether now in effect or hereafter enacted, except where the failure to do so could not reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect; and (iv) at all times maintain and preserve all property material to the conduct of such business and keep such property in good repair, working order and condition and from time to time make, or cause to be made made, all needful and proper repairs, renewals, additions, improvements and replacements thereto necessary in order that the business carried on in connection therewith may be properly conducted at all times, except where the failure to do so could not reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect.

Appears in 4 contracts

Samples: Credit Agreement (Flowserve Corp), Credit Agreement (Flowserve Corp), Loan Agreement (Flowserve 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 as otherwise expressly permitted under Section 7.04 and except with respect to the Subsidiaries of the Borrower where such failure would not reasonably be likely to have a Material Adverse Effect. (b) Except to the extent that the failure to do or cause the same to be done would not be reasonably likely to have a Material Adverse Effect, (i) do Do or cause to be done all things necessary to obtain, preserve, renew, extend and keep in full force and effect the rights, licenses, permits, franchises, authorizations, patents, copyrights, trademarks and trade names material to the conduct of its business, except where the failure to do so could not reasonably be expected to have a Material Adverse Effect; (ii) maintain and operate such business in substantially the manner in which it is presently conducted and operated (subject to changes in the ordinary course of business)operated; (iii) comply in all material respects with all applicable laws, rules, regulations and decrees and orders of any Governmental Authority, whether now in effect or hereafter enacted, except where the failure to do so could not reasonably be expected to have a Material Adverse Effect; and (iv) at all times maintain and preserve all property material to the conduct of such business and keep such property in good repair, working order and condition and from time to time make, or cause to be made made, all needful and proper repairs, renewals, additions, improvements and replacements thereto necessary in order that the business carried on in connection therewith may be properly conducted at all times, except where the failure to do so could not reasonably be expected to have a Material Adverse Effect.

Appears in 4 contracts

Samples: Credit Agreement (Alon USA Energy, Inc.), Credit Agreement (Alon USA Energy, Inc.), Credit Agreement (Alon Refining Krotz Springs, 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 would not cause a Default under Section 7.04 and except with respect to the Subsidiaries 6.04 or otherwise cause an Event of the Borrower where such failure would not reasonably be likely to have a Material Adverse EffectDefault under this Agreement. (b) Except to the extent that the failure to do or cause the same to be done would not be reasonably likely to have a Material Adverse Effect, (i) do Do or cause to be done all things necessary to obtain, preserve, renew, extend and keep in full force and effect the rights, licenses, permits, franchises, authorizations, patents, copyrights, trademarks and trade names material to the conduct of its business; (ii) maintain and operate such business in substantially the manner in which it is presently conducted and operated (subject to changes in the ordinary course of business)operated; (iii) comply in all material respects with all applicable laws, rules, regulations and orders of any Governmental Authority, whether now in effect or hereafter enacted; except in each case where the failure to do so would not result in a Material Adverse Effect; and (iv) at all times maintain and preserve all property material to the conduct of such its business and keep such property in good repair, working order and condition and from time to time make, or cause to be made made, all needful and proper repairs, renewals, additions, improvements and replacements thereto necessary in order that the business carried on in connection therewith may be properly conducted at all times.; provided, however, that nothing in this -------- ------- paragraph

Appears in 3 contracts

Samples: Revolving Credit Agreement (Penney J C Funding Corp), Revolving Credit Agreement (Penney J C Funding Corp), 364 Day Revolving Credit Agreement (Penney J C Funding 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 as otherwise expressly permitted under Section 7.04 and except with respect to the Subsidiaries of the Borrower where such failure would not reasonably be likely to have a Material Adverse Effect6.05. (b) Except to the extent that the failure to do or cause the same to be done would not be reasonably likely to have a Material Adverse Effect, (i) do Do or cause to be done all things necessary to obtain, preserve, renew, extend and keep in full force and effect in all material respects the rights, licenses, permits, franchises, authorizations, patents, copyrights, trademarks and trade names material to the conduct of its business; (ii) maintain and operate such business in substantially the manner in which it is presently conducted and operated (subject to changes in the ordinary course of business)operated; (iii) comply in all material respects with all applicable laws, rules, regulations (including any zoning, building, Environmental Law, ordinance, code or approval or any building permits or any restrictions of record or agreements affecting the Mortgaged Properties) and decrees and orders of any Governmental Authority, whether now in effect or hereafter enacted, except where such non-compliance could not reasonably be expected to result in a Material Adverse Effect; and (iv) and, except in the case of sales of assets permitted pursuant to Section 6.05, at all times maintain and preserve all property material to the conduct of such business and keep keep, in all material respects, such property in good repair, working order and condition condition, normal wear and tear excepted, and from time to time make, or cause to be made made, all needful and proper repairs, renewals, additions, improvements and replacements thereto necessary in order that the business carried on in connection therewith may be properly conducted at all times.

Appears in 3 contracts

Samples: Credit Agreement (Neenah Foundry Co), Credit Agreement (Hartley Controls Corp), Credit Agreement (Hartley Controls 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 as otherwise expressly permitted under Section 7.04 and except with respect to the Subsidiaries of the Borrower where such failure would not reasonably be likely to have a Material Adverse Effect6.05. (b) Except to the extent that the failure to do or cause the same to be done would not be reasonably likely to have a Material Adverse Effect, (i) do Do or cause to be done all things necessary to obtain, preserve, renew, extend and keep in full force and effect the rights, licenses, permits, franchises, authorizations, patents, copyrights, trademarks and trade names material to the conduct of its business, except where the failure to do so could not reasonably be expected to have a Material Adverse Effect; (ii) maintain and operate such business in substantially the manner in which it is presently conducted and operated (subject to changes in the ordinary course of business)operated; (iii) comply in all material respects with all applicable laws, rules, regulations regulations, decrees and orders of any Governmental Authority, whether now in effect or hereafter enacted, except where the failure do so could not reasonably be expected to have a Material Adverse Effect; and (iv) at all times maintain and preserve all property material to the conduct of such business and keep such property in good repair, working order and condition and from time to time make, or cause to be made made, all needful and proper repairs, renewals, additions, improvements and replacements thereto necessary in order that the business carried on in connection therewith may be properly conducted at all times, except where the failure to do so could not reasonably be expected to have a Material Adverse Effect.

Appears in 3 contracts

Samples: Credit Agreement (Oil States International Inc), Credit Agreement (Oil States International Inc), Credit Agreement (Oil States International 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 7.04 and except with respect to the Subsidiaries of the Borrower where such failure would not reasonably be likely to have a Material Adverse Effect6.05. (b) Except to the extent that the failure to do or cause the same to be done would not be reasonably likely to have a Material Adverse Effect, (i) do Do or cause to be done all things necessary to obtain, preserve, renew, extend and keep in full force and effect the rights, licenses, permits, franchises, authorizations, patents, copyrights, trademarks and trade names material to the conduct of its business; (ii) maintain and operate such business in substantially the manner in which it is presently conducted and operated (subject or in a manner reasonably related to changes in the ordinary course of business)present operations; (iii) comply in all material respects with all applicable laws, rules, regulations (including any zoning, building, Environmental Law, ordinance, code or approval or any building permits or any restrictions of record or agreements affecting the Mortgaged Properties) and decrees and orders of any Governmental Authority, whether now in effect or hereafter enacted; and (iv) at all times maintain and preserve all property material to the conduct of such business and keep such property in good repair, working order and condition and from time to time make, or cause to be made made, all needful and proper repairs, renewals, additions, improvements and replacements thereto necessary in order that the business carried on in connection therewith may be properly conducted at all times.

Appears in 2 contracts

Samples: Credit Agreement (Activision Inc /Ny), Credit Agreement (Activision Inc /Ny)

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 7.04 and except with respect to the Subsidiaries of the Borrower where such failure would not reasonably be likely to have a Material Adverse Effect6.5. (b) Except to the extent that the failure to do or cause the same to be done would not be reasonably likely to have a Material Adverse Effect, (i) do Do or cause to be done all things necessary to obtain, preserve, renew, extend and keep in full force and effect the all rights, licenses, permits, franchises, authorizations, patentsPatents, copyrightsCopyrights, trademarks Trademarks and trade names material used in or relating to the conduct of its business, except where the failure to do so could not reasonably be expected to have a Material Adverse Effect; (ii) maintain and operate such business in substantially the manner in which it is presently conducted and operated (subject to changes in the ordinary course of business)operated, including any reasonable extension, development or expansion thereof; (iii) comply in all material respects with all applicable laws, rules, regulations and decrees and orders of any Governmental Authority, whether now in effect or hereafter enacted, except where the failure to do so could not reasonably be expected to have a Material Adverse Effect; and (iv) at all times maintain and preserve all property material to the conduct of such business and keep such property in good repair, working order and condition and from time to time make, or cause to be made made, all needful and proper repairs, renewals, additions, improvements and replacements thereto necessary in order that the business carried on in connection therewith may be properly conducted at all times, except where the failure to do so could not reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Credit Agreement (Knoll Inc), Credit Agreement (Knoll 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 Subsidiary, 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 7.04 and except with respect 6.05; provided that the Borrower may liquidate or dissolve one or more Subsidiaries if the assets of such Subsidiaries to the Subsidiaries extent they exceed estimated liabilities are acquired by the Borrower or a Wholly Owned Subsidiary of the Borrower where in such failure would not reasonably be likely to have a Material Adverse Effectliquidation or dissolution. (b) Except to the extent that where the failure to do or cause the same to be done so would not reasonably be reasonably likely expected to have a Material Adverse Effect, (i) do or cause to be done all things necessary to (i) lawfully obtain, preserve, renew, extend and keep in full force and effect the rights, licenses, permits, franchises, authorizations, patents, trademarks, service marks, trade names, copyrights, trademarks licenses and trade names material rights with respect thereto necessary to the normal conduct of its business; , and (ii) maintain and operate such business in substantially the manner in which it is presently conducted and operated (subject to changes in the ordinary course of business); (iii) comply in all material respects with all applicable laws, rules, regulations and orders of any Governmental Authority, whether now in effect or hereafter enacted; and (iv) at all times maintain and preserve all property material necessary to the normal conduct of such its business and keep such property in good repair, working order and condition and from time to time make, or cause to be made made, all needful and proper repairs, renewals, additions, improvements and replacements thereto necessary in order that the business carried on in connection therewith therewith, if any, may be properly conducted at all timestimes (in each case except as expressly permitted by this Agreement).

Appears in 2 contracts

Samples: Term Loan Credit Agreement (Claires Stores Inc), Credit Agreement (Claires Stores 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 7.04 8.05 and except except, with respect to any Subsidiary, where the Subsidiaries of the Borrower where such failure would to do so could not reasonably be likely expected, individually or in the aggregate, to have result in a Material Adverse Effect. (b1) Except to the extent that the failure to do or cause the same to be done would not be reasonably likely to have a Material Adverse Effect, (i) do Do or cause to be done all things necessary to obtain, preserve, renew, extend and keep in full force and effect the rights, licenses, permits, franchises, authorizations, patents, copyrights, trademarks and trade names material to the conduct of the business of the Borrower and its businessSubsidiaries, taken as a whole; (ii2) maintain and operate such business in substantially the manner in which it is presently conducted and operated (subject to changes in the ordinary course of business)operated; (iii3) comply in all material respects with all applicable laws, rules, regulations and orders of any Governmental AuthorityLaws, whether now in effect or hereafter enacted, except where the failure to do so could not reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect; and (iv4) at all times times, maintain and preserve all property material to the conduct of such business and keep such property in good repair, working order and condition condition, and from time to time make, or cause to be made made, all needful and proper repairs, renewals, additions, improvements and replacements thereto necessary in order that the business carried on in connection therewith may be properly conducted at all times, except where the failure to do so could not reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect.

Appears in 2 contracts

Samples: Credit Agreement (Flowserve Corp), Credit Agreement (Flowserve 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 the legal existence, except as otherwise expressly permitted under Section 7.04 existence of Parent and except with respect to the Subsidiaries of the Borrower where such failure would not reasonably be likely to have a Material Adverse EffectBorrower. (b) Except Do or cause to be done all things necessary to preserve, renew and keep in full force and effect the extent that legal existence of each Subsidiary (other than the Borrower), except where the failure to do or cause the same to be done so would not reasonably be reasonably likely expected to have a Material Adverse Effect, and except as otherwise permitted under Section 6.05. (ic) Except where the failure to do so would not reasonably be expected to have a Material Adverse Effect, do or cause to be done all things necessary to (i) lawfully obtain, preserve, renew, extend and keep in full force and effect the rights, licenses, permits, franchises, authorizations, patents, trademarks, service marks, trade names, copyrights, trademarks licenses and trade names material rights with respect thereto necessary to the normal conduct of its business; , and (ii) maintain and operate such business in substantially the manner in which it is presently conducted and operated (subject to changes in the ordinary course of business); (iii) comply in all material respects with all applicable laws, rules, regulations and orders of any Governmental Authority, whether now in effect or hereafter enacted; and (iv) at all times maintain and preserve all property material necessary to the normal conduct of such its business and keep such property in good repair, working order and condition and from time to time make, or cause to be made made, all needful and proper repairs, renewals, additions, improvements and replacements thereto necessary in order that the business carried on in connection therewith therewith, if any, may be properly conducted at all timestimes (in each case except as expressly permitted by this Agreement).

Appears in 2 contracts

Samples: Credit Agreement (EVERTEC, Inc.), Credit Agreement (EVERTEC, 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 7.04 and except with respect to the Subsidiaries of the Borrower where such failure would not reasonably be likely to have a Material Adverse Effect6.05. (b) Except to the extent that the failure to do or cause the same to be done would not be reasonably likely to have a Material Adverse Effect, (i) do Do or cause to be done all things necessary to obtain, preserve, renew, extend and keep in full force and effect the all rights, licenses, permits, franchises, authorizations, patents, copyrights, trademarks and trade names material used in or relating to the conduct of its business, except where the failure to do so could not reasonably be expected to have a Material Adverse Effect; (ii) maintain and operate such business in substantially the manner in which it is presently conducted and operated operated, including any reasonable extension, development or expansion thereof (subject to changes including engaging in engineered components businesses not within the ordinary course of businessaerospace industry); (iii) comply in all material respects with all applicable laws, rules, regulations and decrees and orders of any Governmental Authority, whether now in effect or hereafter enacted, except where the failure to do so could not reasonably be expected to have a Material Adverse Effect; and (iv) at all times maintain and preserve all property material to the conduct of such business and keep such property in good repair, working order and condition and from time to time make, or cause to be made made, all needful and proper repairs, renewals, additions, improvements and replacements thereto necessary in order that the business carried on in connection therewith may be properly conducted at all times, except where the failure to do so could not reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Credit Agreement (Transdigm Inc), Credit Agreement (Marathon Power Technologies Co)

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 7.04 and except with respect to the Subsidiaries of the Borrower where such failure would not reasonably be likely to have a Material Adverse Effect6.05. (b) Except to the extent that the failure to do or cause the same to be done would not be reasonably likely to have a Material Adverse Effect, (i) do Do or cause to be done all things necessary to obtain, preserve, renew, extend and keep in full force and effect the rights, licenses, permits, franchises, authorizations, patents, copyrights, trademarks and trade names material to the conduct of its business; (ii) maintain and operate such business in substantially the manner in which it is presently conducted and operated (subject to changes in the ordinary course of business)operated; (iii) comply in all material respects with all applicable laws, rules, regulations and decrees and orders of any Governmental Authority, whether now in effect or hereafter enacted; comply with the terms of, or enforce its rights under, each material lease of real property and (iv) each other material agreement so as to not permit any material uncured default on its part to exist thereunder, and except where the failure to do so could not have a material impact on the Borrower and its Subsidiaries taken as a whole; and at all times maintain and preserve all property material to the conduct of such business and keep such property in good repair, working order and condition (except in respect of ordinary wear and tear and casualty and condemnation) and from time to time make, or cause to be made made, all needful and proper repairs, renewals, additions, improvements and replacements thereto necessary in order that the business carried on in connection therewith may be properly conducted at all times.

Appears in 2 contracts

Samples: Credit Agreement (Affirmative Insurance Holdings Inc), Second Lien Credit Agreement (Affirmative Insurance Holdings Inc)

Existence; Businesses and Properties. Each of the Obligors will, and will cause each of its Subsidiaries to: (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 7.04 6.06, except that, after notice to and except consultation with respect to the Subsidiaries Administrative Agent, any Subsidiary of Allied (other than the Borrower where such failure would not reasonably be likely to have a Material Adverse EffectCompany) may terminate its existence. (b) Except to the extent that the failure to do or cause the same to be done would not be reasonably likely to have a Material Adverse Effect, (i) do Do or cause to be done all things necessary to obtain, preserve, renew, extend and keep in full force and effect the rights, licenses, permits, franchises, authorizations, patents, copyrights, trademarks and trade names material to the conduct of its business; (ii) maintain and operate such business in substantially the manner in which it is presently conducted and operated (subject to changes in the ordinary course of business)operated; (iii) comply in all material respects with all applicable laws, rules, regulations and decrees and orders of any Governmental Authority, whether now in effect or hereafter enacted, except for failures to comply which could not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect; and (iv) at all times maintain and preserve all property material to the conduct of such business and keep such property in good repair, working order and condition and from time to time make, or cause to be made made, all needful and proper repairs, renewals, additions, improvements and replacements thereto necessary in order that the business carried on in connection therewith may be properly conducted at all times, except for failures to maintain and preserve property that could not reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Allied Waste Industries 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 7.04 and except with respect to the Subsidiaries of the Borrower where such failure would not reasonably be likely to have a Material Adverse Effect6.05. (b) Except to the extent that the failure to do or cause the same to be done would not be reasonably likely to have a Material Adverse Effect, (i) do Do or cause to be done all things necessary to (i) in the Borrower’s reasonable business judgment obtain, preserve, renew, extend and keep in full force and effect the rights, licenses, permits, franchises, authorizations, patents, trademarks, service marks, trade names, copyrights, trademarks licenses and trade names material rights with respect thereto necessary to the normal conduct of its business; , (ii) maintain and operate such business in substantially the manner in which it is presently conducted and operated (subject to changes in the ordinary course of business); (iii) comply in all material respects with all material applicable laws, rules, regulations and judgments, writs, injunctions, decrees, permits, licenses, and orders of any Governmental Authority, whether now in effect or hereafter enacted; enacted and (iviii) at all times maintain and preserve all property material necessary to the normal conduct of such its business and keep such property in good repair, working order and condition and from time to time make, or cause to be made made, all needful and proper repairs, renewals, additions, improvements and replacements thereto necessary in order that the business carried on in connection therewith therewith, if any, may be properly conducted at all timestimes (in each case except as expressly permitted by this Agreement); in each case in this paragraph (b) except where the failure to do so could not reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Crestwood 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 legal existence, except as otherwise expressly permitted under Section 7.04 and except with respect to the Subsidiaries of the Borrower where such failure would not reasonably be likely to have a Material Adverse Effect6.05. (b) Except to the extent that the failure to do or cause the same to be done would not be reasonably likely to have a Material Adverse Effect, (i) do Do or cause to be done all things necessary to obtain, preserve, renew, extend and keep in full force and effect in all material respects the rights, licenses, permits, franchises, authorizations, patents, copyrights, trademarks and trade names material to the conduct of its business; (ii) maintain and operate such business in substantially the manner in which it is presently conducted and operated (subject to changes in the ordinary course of business)operated; (iii) comply in all material respects with all applicable laws, rules, regulations (including any zoning, building, Environmental Law, ordinance, code or approval or any building permits or any restrictions of record or agreements affecting the Mortgaged Properties) and decrees and orders of any Governmental Authority, whether now in effect or hereafter enacted, except where such non-compliance could not reasonably be expected to result in a Material Adverse Effect; and (iv) and, except in the case of sales of assets permitted pursuant to Section 6.05, at all times maintain and preserve all property material to the conduct of such business and keep keep, in all material respects, such property in good repair, working order and condition condition, normal wear and tear excepted, and from time to time 62 57 make, or cause to be made made, all needful and proper repairs, renewals, additions, improvements and replacements thereto necessary in order that the business carried on in connection therewith may be properly conducted at all times.

Appears in 1 contract

Samples: Credit Agreement (Neenah Foundry Co)

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 7.04 and except with respect to the Subsidiaries of the Borrower where such failure would not reasonably be likely to have a Material Adverse Effect6.05. (b) Except to the extent that the failure to do or cause the same to be done would not be reasonably likely to have a Material Adverse Effect, (i) do Do or cause to be done all things necessary to obtain, preserve, renew, extend and keep in full force and effect the rights, licenses, permits, franchises, authorizations, patents, copyrights, trademarks and trade names material to the conduct of its business; (ii) maintain and operate such business in substantially the manner in which it is presently conducted and operated (subject to changes in the ordinary course of business)operated; (iii) comply in all material respects with all applicable laws, rules, regulations and decrees and orders of any Governmental Authority, whether now in effect or hereafter enacted; comply with the terms of, or enforce its rights under, each material lease of real property and (iv) each other material agreement so as to not permit any material uncured default on its part to exist thereunder, and except where the failure to do so could not have a material impact on the Borrower and its Subsidiaries taken as a whole; and at all times maintain and preserve all property material to the conduct of such business and keep such property in good repair, working order and condition (except in respect of ordinary wear and tear and casualty) and from time to time make, or cause to be made made, all needful and proper repairs, renewals, additions, improvements and replacements thereto necessary in order that the business carried on in connection therewith may be properly conducted at all times.

Appears in 1 contract

Samples: Credit Agreement (Affirmative Insurance Holdings Inc)

Existence; Businesses and Properties. (a) Do or cause to be done all things necessary to preservePreserve, 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 as otherwise expressly permitted under Section 7.04 6.05 and except with respect where the failure to the Subsidiaries of the Borrower where such failure would be in good standing could not reasonably be likely expected to have a Material Adverse Effect; provided that any Subsidiary (other than any Borrower) may dissolve, liquidate or wind up its affairs at any time if such dissolution, liquidation or winding up, as applicable, could not reasonably be expected to have a Material Adverse Effect. (b) Except Take all action to obtain, preserve, renew and maintain in full force and effect all rights, privileges, permits, licenses and franchises necessary or desirable in the normal conduct of its business and to preserve, renew and maintain all of its registered patents, trademarks, trade names and services marks, except, in each case, to the extent that the failure to do or cause the same to so could not reasonably be done would not be reasonably likely expected to have a Material Adverse Effect, (i) do or cause to be done all things necessary to obtain, preserve, renew, extend and keep in full force and effect the rights, licenses, permits, franchises, authorizations, patents, copyrights, trademarks and trade names material to the conduct of its business; (ii) maintain and operate such business in substantially the manner in which it is presently conducted and operated (subject to changes in the ordinary course of business); (iii) comply in all material respects with all applicable laws, rules, regulations and orders of any Governmental Authority, whether now in effect or hereafter enacted; and (iv) at all times maintain and preserve all property material to the conduct of such its business and keep such property in good repair, working order and condition and from time to time make, or cause to be made made, all needful and proper repairs, renewals, additions, improvements and replacements thereto necessary in order that the business carried on in connection therewith may be properly conducted at all times.

Appears in 1 contract

Samples: Credit Agreement (Wellcare Health Plans, 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 7.04 and except with respect to the Subsidiaries Each of the Borrower where such failure would not reasonably be likely to have a Material Adverse Effect. (b) Except to the extent that the failure to do or cause the same to be done would not be reasonably likely to have a Material Adverse Effect, (i) Borrowers will do or cause to be done all things necessary to preserve and maintain its legal existence and to maintain such Borrower's right to do business in each jurisdiction in which such Borrower conducts business, except to the extent that the failure to do so could not, in the aggregate, reasonably be expected to create a Material Adverse Effect. (b) Each of the Borrowers will do or cause to be done all things necessary to: (i) obtain, preserve, renew, extend and keep in full force and effect the rights, licenses, permits, franchises, authorizations, patents, copyrights, trademarks and trade names material to the conduct of its business; (ii) maintain and operate such business in substantially the manner in which it is presently conducted and operated (subject to changes in the ordinary course of business); (iii) comply in all material respects with all applicable laws, rules, regulations and orders of any Governmental AuthorityApplicable Laws, whether now in effect or hereafter enacted; and (iviii) at all times maintain and preserve all property Property material to the conduct of such business and keep such property Property in good repair, working order and condition (ordinary wear and tear excepted), except for the sale of inventory in the ordinary course of business or sales of obsolete equipment that is replaced with equipment of a substantially similar or equal value, and from time to time make, or cause to be made made, all needful and proper repairs, renewals, additions, improvements and replacements thereto necessary in order that the business carried on in connection therewith may be properly conducted at all times.

Appears in 1 contract

Samples: Investment Agreement (Premier Finance Biloxi Corp)

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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 as otherwise expressly permitted under Section 7.04 and except with respect to occasioned by the Subsidiaries of the Borrower where such failure would not reasonably be likely to have a Material Adverse EffectChapter 11 Cases. (b) Except to the extent that the failure to do or cause the same to be done would not be reasonably likely to have a Material Adverse Effect, (i) do Do or cause to be done all things necessary to obtain, preserve, renew, extend and keep in full force and effect the rights, licenses, permits, franchises, authorizations, patents, copyrights, trademarks and trade names material to the conduct of its business; (ii) maintain and operate such business in substantially the manner in which it is presently conducted and operated (subject operated, except if the failure to changes in the ordinary course of business)do so could not reasonably be expected to have a Material Adverse Effect; (iii) comply in all material respects with all applicable laws, rules, regulations and decrees and orders of any Governmental Authority, whether now in effect or hereafter enacted; and (iv) at all times maintain and preserve all property material to the conduct of such business and keep such property in good repair, working order and condition condition, ordinary wear and tear excepted, and from time to time make, or cause to be made made, all needful and proper repairs, renewals, additions, improvements and replacements thereto necessary in order that the business carried on in connection therewith may be properly conducted at all times.

Appears in 1 contract

Samples: Secured Exit Credit Agreement (Jennifer Convertibles 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 7.04 and except with respect to the Subsidiaries of the Borrower where such failure would not reasonably be likely to have a Material Adverse Effect6.05. (b) Except to the extent that the failure to do or cause the same to be done would not be reasonably likely to have a Material Adverse Effect, (i) do Do or cause to be done all things necessary to obtain, preserve, renew, extend and keep in full force and effect the rights, licenses, permits, franchises, authorizations, patents, copyrights, trademarks and trade names material to the conduct of its business; (ii) maintain and operate such business in substantially the manner in which it is presently conducted and operated (subject to changes in the ordinary course of business); (iii) comply in all material respects with all applicable laws, rules, regulations and decrees and orders of any Governmental Authority, whether now in effect or hereafter enactedenacted (except where the failure to do so could not reasonably be expected to have a Material Adverse Effect); and (iv) at all times maintain and preserve all property material to the conduct of such business and keep such property in good repair, working order and condition (ordinary wear and tear and damages by casualty excepted) and from time to time make, or cause to be made made, all needful and proper repairs, renewals, additions, improvements and replacements thereto necessary in order that the business carried on in connection therewith may be properly conducted at all times.

Appears in 1 contract

Samples: Credit Agreement (Monterey Carpets Inc)

Existence; Businesses and Properties. (ai) 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 7.04 and except with respect to the Subsidiaries 6.05 of the Borrower where such failure would not reasonably be likely to have a Material Adverse EffectSenior Credit Agreement. (bii) Except to the extent that the failure to do or cause the same to be done would not be reasonably likely to have a Material Adverse Effect, (i) do Do or cause to be done all things necessary to obtain, preserve, renew, extend and keep in full force and effect in all material respects the rights, licenses, permits, franchises, authorizations, patents, copyrights, trademarks and trade names material to the conduct of its business; (ii) maintain and operate such business in substantially the manner in which it is presently conducted and operated (subject to changes in the ordinary course of business)operated; (iii) comply in all material respects with all applicable laws, rules, regulations (including any zoning, building, Environmental Law, ordinance, code or approval or any building permits or any restrictions of record or agreements affecting the Mortgaged Properties) and decrees and orders of any Governmental Authority, whether now in effect or hereafter enacted, except where such non-compliance could not reasonably be expected to result in a Material Adverse Effect; and (iv) and, except in the case of sales of assets expressly permitted pursuant to Section 6.05 of the Senior Credit Agreement, at all times maintain and preserve all property material to the conduct of such business and keep keep, in all material respects, such property in good repair, working order and condition condition, normal wear and tear excepted, and from time to time make, or cause to be made made, all needful and proper repairs, renewals, additions, improvements and replacements thereto necessary in order that the business carried on in connection therewith may be properly conducted at all times.

Appears in 1 contract

Samples: Secured Pik Note Purchase Agreement (Neenah Foundry Co)

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 7.04 and except with respect to the Subsidiaries of the Borrower where such failure would not reasonably be likely to have a Material Adverse Effect6.5. (b) Except to the extent that the failure to do or cause the same to be done would not be reasonably likely to have a Material Adverse Effect, (i) do Do or cause to be done all things necessary to obtain, preserve, renew, extend and keep in full force and effect the rights, licenses, permits, franchises, authorizations, patents, copyrights, trademarks and trade names material to the conduct of its business; (ii) maintain and operate such business in substantially the manner in which it is presently conducted and operated (subject to changes or in the ordinary course of business)an otherwise prudent manner; (iii) comply in all material respects with all applicable laws, rules, regulations (including any zoning, building, Environmental Law, ordinance, code or approval or any building permits or any restrictions of record or agreements affecting its properties) and decrees and orders of any Governmental Authority, whether now in effect or hereafter enactedenacted unless failure to comply could not reasonably be expected to result in a Material Adverse Effect; and (iv) at all times maintain and preserve all property material to the conduct of such business and keep such property in good repair, working order and condition and from time to time make, or cause to be made made, all needful and proper repairs, renewals, additions, improvements and replacements thereto necessary in order that the business carried on in connection therewith may be properly conducted at all timestimes in a commercially reasonably manner.

Appears in 1 contract

Samples: Credit Agreement (Conexant Systems 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 (i)as otherwise expressly permitted under Section 7.04 and except with respect 6.05 or (ii) other than in the case of Holdings or a Borrower, to the Subsidiaries of extent that the Borrower where failure to so preserve, renew and keep in full force and effect such failure would legal existence could not reasonably be likely expected to have a Material Adverse Effect. (b) Except to the extent that the failure to do or cause the same to be done would not be reasonably likely to have a Material Adverse Effect, (i) do Do or cause to be done all things necessary to obtain, preserve, renew, extend and keep in full force and effect the all rights, licenses, permits, franchises, authorizations, patents, copyrights, trademarks and trade names material used in or relating to the conduct of its business, except where the failure to do so could not reasonably be expected to have a Material Adverse Effect; (ii) maintain and operate such business in substantially the manner in which it is presently conducted and operated (subject to changes in the ordinary course of business)operated; (iii) comply in all material respects with all applicable laws, rules, regulations and decrees and orders of any Governmental Authority, whether now in effect or hereafter enacted, except where the failure to do so could not reasonably be expected to have a Material Adverse Effect; and (iv) at all times maintain and preserve all property material to the conduct of such business and keep such property in good repair, working order and condition and from time to time make, or cause to be made made, all needful and proper repairs, renewals, additions, improvements and replacements thereto necessary in order that the business carried on in connection therewith may be properly conducted at all timesconsistent with past practice.

Appears in 1 contract

Samples: Credit Agreement (Sensus Metering Systems 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 7.04 and except with respect to the Subsidiaries of the Borrower where such failure would not reasonably be likely to have a Material Adverse Effect6.05. (b) Except to the extent that the failure to do or cause the same to be done would not be reasonably likely to have a Material Adverse Effect, (i) do Do or cause to be done all things necessary to obtain, preserve, renew, extend and keep in full force and effect in all material respects the rights, licenses, permits, franchises, authorizations, patents, copyrights, trademarks and trade names material to the conduct of its consolidated business; (ii) maintain and operate such business in substantially the manner in which it is presently conducted and operated (subject to changes in the ordinary course of business)operated; (iii) comply in all material respects with all applicable laws, rules, regulations (including any zoning, building, Environmental Law, ordinance, code or approval or any building permits or any restrictions of record or agreements affecting the Mortgaged Properties) and decrees and orders of any Governmental Authority, whether now in effect or hereafter enacted, except where such noncompliance could not reasonably be expected to result in a Material Adverse Effect; and (iv) and, except in the case of sales of assets permitted pursuant to Section 6.05 or a Casualty or Condemnation, at all times maintain and preserve all property material to the conduct of such business and keep in all material respects such property in good repair, working order and condition condition, normal wear and tear excepted, and from time to time make, or cause to be made made, all needful and proper repairs, renewals, additions, improvements and replacements thereto necessary in order that the business carried on in connection therewith may be properly conducted at all times.

Appears in 1 contract

Samples: Credit Agreement (American Commercial Lines LLC)

Existence; Businesses and Properties. Each Obligor shall (and shall procure (in accordance with article 1120 of the French Code civil (promesse de porte-fort)) that each of its Subsidiaries will): (a) Do 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 7.04 and except with respect to any Subsidiary, where the Subsidiaries of the Borrower where such failure would to do so could not reasonably be likely expected, individually or in the aggregate, to have result in a Material Adverse Effect.; (b) Except to the extent that the failure to do or cause the same to be done would not be reasonably likely to have a Material Adverse Effect, (i) do or cause to be done all things necessary to obtain, preserve, renew, extend and keep in full force and effect the rights, licenses, permits, franchises, authorizations, patents, copyrights, trademarks and trade names material to the conduct of its businessbusiness and its Subsidiaries taken as a whole; (ii) maintain and operate such business in substantially the manner in which it is presently conducted and operated (subject to changes in the ordinary course of business)operated; (iii) comply in all material respects with all applicable lawsApplicable Laws, rules, regulations rules and orders of any Governmental Authorityregulations, whether now in effect or hereafter enacted, except where the failure to do so could not reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect; and (iv) at all times maintain and preserve all property material to the conduct of such business and keep such property in good repair, working order and condition and from time to time make, or cause to be made made, all needful and proper repairs, renewals, additions, improvements and replacements thereto necessary in order that the business carried on in connection therewith may be properly conducted at all times, except where the failure to do so could not reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect.

Appears in 1 contract

Samples: Letter of Credit Facility Agreement (Flowserve Corp)

Existence; Businesses and Properties. (a) Do The Company will, and will cause each of the Subsidiaries to, 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 7.04 and except with respect to the Subsidiaries of the Borrower where such failure would not reasonably be likely to have a Material Adverse Effectsubsection 10.6. (b) Except to The Company will, and will cause each of the extent that the failure to do or cause the same to be done would not be reasonably likely to have a Material Adverse EffectSubsidiaries to, (i) do or cause to be done all things necessary to obtain, preserve, renew, extend and keep in full force and effect the rights, licenses, permits, franchises, authorizations, patents, copyrights, trademarks and trade names material to the conduct of its business; (ii) maintain and operate such business in substantially the manner in which it is presently currently conducted and operated (subject to changes in the ordinary course of business)operated; (iii) comply in all material respects with all material applicable laws, rules, regulations and statutes (including any zoning, building, ordinance, code or approval or any building permits or any restrictions of record or agreements affecting the Bridgeport Property, but not including any Environmental Law, which 122 is the subject of Section 9.9) and decrees and orders of any Governmental Authority, whether now in effect or hereafter enacted; and (iv) at all times maintain and preserve all property material to the conduct of such business and keep such property in good repair, working order and condition and from time to time make, or cause to be made made, all needful and proper repairs, renewals, additions, improvements and replacements thereto necessary in order that the business carried on in connection therewith may be properly conducted at all times.

Appears in 1 contract

Samples: Credit and Guarantee Agreement (Remington Capital 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 as otherwise expressly permitted under Section 7.04 and except with respect to the Subsidiaries of the Borrower where such failure would not reasonably be likely to have a Material Adverse Effect6.05. (b) Except to the extent that the failure to do or cause the same to be done would not be reasonably likely to have a Material Adverse Effect, (i) do Do or cause to be done all things necessary to obtain, preserve, renew, extend and keep in full force and effect in all material respects the rights, licenses, permits, franchises, authorizations, patents, copyrights, trademarks and trade names material to the conduct of its consolidated business; (ii) maintain and operate such business in substantially the manner in which it is presently conducted and operated (subject to changes in the ordinary course of business)operated; (iii) comply in all material respects with all applicable laws, rules, regulations (including any zoning, building, Environmental Law, ordinance, code or approval or any building permits or any restrictions of record or agreements affecting the Mortgaged Properties) and decrees and orders of any Governmental Authority, whether now in effect or hereafter enacted, except where such non-compliance could not reasonably be expected to result in a Material Adverse Effect; and (iv) and, except in the case of sales of assets permitted pursuant to Section 6.05 or a Casualty or Condemnation, at all times maintain and preserve all property material to the conduct of such business and keep in all material respects such property in good repair, working order and condition condition, normal wear and tear excepted, and from time to time make, or cause to be made made, all needful and proper repairs, renewals, additions, improvements and replacements thereto necessary in order that the business carried on in connection therewith may be properly conducted at all times.

Appears in 1 contract

Samples: Credit Agreement (Acl Capital 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 the legal existence, except as otherwise expressly permitted under Section 7.04 existence of Parent and except with respect to the Subsidiaries of the Borrower where such failure would not reasonably be likely to have a Material Adverse EffectBorrower. (b) Except Do or cause to be done all things necessary to preserve, renew and keep in full force and effect the extent that legal existence of each Subsidiary (other than the Borrower), where the failure to do or cause the same to be done so would not reasonably be reasonably likely expected to have a Material Adverse Effect, and except as otherwise permitted under Section 6.05. (ic) Except where the failure to do so would not reasonably be expected to have a Material Adverse Effect, do or cause to be done all things necessary to (i) lawfully obtain, preserve, renew, extend and keep in full force and effect the rights, licenses, permits, franchises, authorizations, patents, trademarks, service marks, trade names, copyrights, trademarks licenses and trade names material rights with respect thereto necessary to the normal conduct of its business; , and (ii) maintain and operate such business in substantially the manner in which it is presently conducted and operated (subject to changes in the ordinary course of business); (iii) comply in all material respects with all applicable laws, rules, regulations and orders of any Governmental Authority, whether now in effect or hereafter enacted; and (iv) at all times maintain and preserve all property material necessary to the normal conduct of such its business and keep such property in good repair, working order and condition and from time to time make, or cause to be made made, all needful and proper repairs, renewals, additions, improvements and replacements thereto necessary in order that the business carried on in connection therewith therewith, if any, may be properly conducted at all timestimes (in each case except as expressly permitted by this Agreement).

Appears in 1 contract

Samples: Credit Agreement (EVERTEC, 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 7.04 and except with respect to the Subsidiaries of the Borrower where such failure would not reasonably be likely to have a Material Adverse Effect6.05. (b) Except to the extent that the failure to do or cause the same to be done would not be reasonably likely to have a Material Adverse Effect, (i) do Do or cause to be done all things necessary to obtain, preserve, renew, extend and keep in full force and effect the rights, licenses, permits, franchises, authorizations, patents, copyrights, trademarks and trade names material to the conduct of its business; (ii) maintain and operate such business in substantially the manner in which it is presently conducted and operated (subject to changes in the ordinary course of business)operated; (iii) comply in all material respects with all applicable laws, rules, regulations and decrees and orders of any Governmental AuthorityAuthority (including all applicable Government Programs and all state and federal anti-kickback, fraud and abuse and Xxxxx II requirements), whether now in effect or hereafter enacted; and (iv) at all times maintain and preserve all property material to the conduct of such business and keep such property in good repair, working order and condition and from time to time make, or cause to be made made, all needful and proper repairs, renewals, additions, improvements and replacements thereto necessary in order that the business carried on in connection therewith may be properly conducted at all times; PROVIDED, HOWEVER, that nothing in this Section 5.01 shall prevent the Borrower from discontinuing the operation or maintenance of any of its assets or properties if such discontinuance is, in the judgment of its board of directors, desirable in the conduct of its business.

Appears in 1 contract

Samples: Credit Agreement (Diagnostic Pathology Management Services 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 7.04 and except with respect to the Subsidiaries of the Borrower where such failure would not reasonably be likely to have a Material Adverse Effect6.05. (b) Except to the extent that the failure to do or cause the same to be done would not be reasonably likely to have a Material Adverse Effect, (i) do Do or cause to be done all things necessary to obtain, preserve, renew, extend and keep in full force and effect the rights, licenses, permits, franchises, authorizations, patents, copyrights, trademarks and trade names material to the conduct of its business, except where the failure to do so could not reasonably be expected to have a Material Adverse Effect; (ii) maintain and operate such business in substantially the manner in which it is presently conducted and operated (subject to changes in the ordinary course of business)operated; (iii) comply in all material respects with all applicable laws, rules, regulations and decrees and orders of any Governmental Authority, whether now in effect or hereafter enacted, except where the failure to do so could not reasonably be expected to have a Material Adverse Effect; and (iv) at all times maintain and preserve all property material to the conduct of such business and keep such property in good repair, working order and condition and from time to time make, or cause to be made made, all needful and proper repairs, renewals, additions, improvements and replacements thereto necessary in order that the business carried on in connection therewith may be properly conducted at all times, except where the failure to do so could not reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Alon USA Energy, Inc.)

Existence; Businesses and Properties. Each of the Credit Parties will, and will cause each of its Restricted Subsidiaries to: (a) Do 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 7.04 and except with respect to the Subsidiaries of the Borrower where such failure would not reasonably be likely to have a Material Adverse Effect.6.07; and (b) Except to the extent that the failure to do or cause the same to be done would not be reasonably likely to have a Material Adverse Effect, (i) do or cause to be done all things necessary to obtain, preserve, renew, extend and keep in full force and effect the rights, licenses, permits, franchises, authorizationsFranchises, patents, copyrights, trademarks and trade names material to the conduct of its business; (ii) maintain and operate such business in substantially the manner in which it is presently conducted and operated (subject to changes in the ordinary course of business); (iii) comply in all material respects with all applicable laws, rules, regulations and decrees and orders of any Governmental AuthorityAuthority (including Environmental Laws), whether now in effect or hereafter enacted, except for failures to comply which, individually or in the aggregate, have not had and could not reasonably be expected to have a Material Adverse Effect; and (iv) at all times maintain and preserve all property material to the conduct of such business and keep such property in good repair, working order and condition and from time to time make, or cause to be made made, all needful and proper repairs, renewals, additions, improvements and replacements thereto necessary in order that the business carried on in connection therewith may be properly conducted at all times, except for failures to maintain and preserve property that have not had and could not reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Adelphia Communications Corp)

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