Existence; Conduct of Business. Each Loan Party will, and will cause each of its Subsidiaries to, do or cause to be done all things necessary to (i) preserve, renew and keep in full force and effect its existence, and (ii) except where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect, preserve, renew and keep in full force and effect its rights and privileges and the rights, licenses, permits, approvals, privileges and franchises applicable to the conduct of its business; provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution expressly permitted under Section 6.01.
Appears in 15 contracts
Samples: Revolving Credit Agreement (Teva Pharmaceutical Industries LTD), Credit Agreement, Credit Agreement (Teva Pharmaceutical Industries LTD)
Existence; Conduct of Business. Each Loan Party The Borrower will, and will cause each of its Subsidiaries Subsidiary to, do or cause to be done all things necessary to (i) obtain, preserve, renew and keep in full force and effect (a) its existence, legal existence and (iib) except where the rights, licenses, permits, privileges, franchises, patents, copyrights, trademarks and trade names material to the conduct of its business, except, in the case of clause (b), to the extent that failure to do so, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect, preserve, renew and keep in full force and effect its rights and privileges and the rights, licenses, permits, approvals, privileges and franchises applicable to the conduct of its business; provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution expressly permitted under Section 6.016.03.
Appears in 9 contracts
Samples: Credit Agreement (Nasdaq Stock Market Inc), Term Loan Credit Agreement (Nasdaq Stock Market Inc), Bridge Loan Agreement (Nasdaq Stock Market Inc)
Existence; Conduct of Business. Each Loan Party The Borrower will, and will cause each of its Subsidiaries to, do or cause to be done all things necessary to (i) preserve, renew and keep in full force and effect its existencelegal existence and the rights, qualifications, licenses, permits, privileges, franchises, governmental authorizations and intellectual property rights material to the conduct of its business, and (ii) maintain all requisite authority to conduct its business in each jurisdiction in which its business is conducted, except where the failure to do so, individually or in the aggregate, so could not reasonably be expected to result in a Material Adverse Effect, preserve, renew and keep in full force and effect its rights and privileges and the rights, licenses, permits, approvals, privileges and franchises applicable to the conduct of its business; provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution expressly permitted under Section 6.016.03.
Appears in 8 contracts
Samples: Credit Agreement (Synchronoss Technologies Inc), Credit Agreement (Microchip Technology Inc), Credit Agreement (Informatica Corp)
Existence; Conduct of Business. Each Loan Party will, and will cause each of its Subsidiaries to, (a) do or cause to be done all things necessary to (i) preserve, renew and keep in full force and effect its existencelegal existence and, and (ii) except where any of the failure to do so, individually or in the aggregate, following could not reasonably be expected to result in a Material Adverse Effect, preserve, renew and keep in full force and effect its rights and privileges and the rights, qualifications, licenses, permits, approvalsfranchises, privileges governmental authorizations, intellectual property rights, licenses and franchises applicable to permits used or useful in the conduct of its business, and maintain all requisite authority to conduct its business in each jurisdiction in which its business is conducted; provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution expressly permitted under Section 6.016.03 and (b) carry on and conduct its business in substantially the same manner and in substantially the same fields of enterprise as it is presently conducted.
Appears in 6 contracts
Samples: Credit Agreement (Office Depot Inc), Fourth Amendment (Office Depot Inc), Credit Agreement (Office Depot Inc)
Existence; Conduct of Business. Each Loan Party will, and will cause each of its Subsidiaries Subsidiary to, (a) do or cause to be done all things necessary to (i) preserve, renew and keep in full force and effect its existencelegal existence and, and (ii) except where the failure to do so, individually or in the aggregate, could as would not reasonably be expected to result in have a βMaterial Adverse Effect, preserve, renew and keep in full force and effect its rights and privileges and the rights, qualifications, licenses, permits, approvalsfranchises, privileges governmental authorizations, intellectual property rights, licenses and franchises applicable permits material to the conduct of its business, and maintain all requisite authority to conduct its business in each jurisdiction in which its business is conducted; provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution expressly permitted under Section 6.016.03 and (b) carry on and conduct its business in substantially the same manner and in substantially the same fields of enterprise as it is presently conducted.
Appears in 5 contracts
Samples: Credit Agreement (CRAWFORD UNITED Corp), Credit Agreement (CRAWFORD UNITED Corp), Credit Agreement (CRAWFORD UNITED Corp)
Existence; Conduct of Business. Each Loan Party will, and will cause each of its Restricted Subsidiaries to, (a) do or cause to be done all things necessary to (i) preserve, renew and keep in full force and effect its existencelegal existence and, and (ii) except where any of the failure to do so, individually or in the aggregate, following could not reasonably be expected to result in a Material Adverse Effect, preserve, renew and keep in full force and effect its rights and privileges and the rights, licensesqualifications, permitsfranchises, approvalsgovernmental authorizations, privileges intellectual property rights, licenses and franchises applicable to permits used or useful in the conduct of its business, and all requisite authority to conduct its business in each jurisdiction in which its business is conducted; provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution expressly permitted under Section 6.016.03 and (b) engage only in Permitted Businesses.
Appears in 5 contracts
Samples: Desktop Appraisal (Cott Corp /Cn/), Desktop Appraisal (Cott Corp /Cn/), Credit Agreement (Cott Corp /Cn/)
Existence; Conduct of Business. Each Loan Party will, and will cause each of its the Subsidiaries to, do or cause to be done all things necessary to (i) comply with its respective charter, certificate of incorporation, articles of organization, and/or other organizational documents, as applicable; and by-laws and/or other instruments which deal with corporate governance, and to preserve, renew and keep in full force and effect its existence, and (ii) except where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect, preserve, renew and keep in full force and effect its rights and privileges legal existence and the rights, licenses, permits, approvalsprivileges, privileges franchises, patents, copyrights, trademarks and franchises applicable trade names material to the conduct of its business; , provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution expressly permitted under Section 6.016.03.
Appears in 4 contracts
Samples: Credit Agreement (Hechinger Co), Possession Credit Agreement (Heilig Meyers Co), Credit Agreement (Tweeter Home Entertainment Group Inc)
Existence; Conduct of Business. Each Loan Party will, and will cause each of its Subsidiaries Subsidiary to, (a) do or cause to be done all things necessary to (i) preserve, renew and keep in full force and effect its existence, and (ii) except where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect, preserve, renew and keep in full force and effect its rights and privileges legal existence and the rights, qualifications, licenses, permits, approvalsfranchises, privileges governmental authorizations, intellectual property rights, licenses and franchises applicable permits material to the conduct of its business, and maintain all requisite authority to conduct its business in each jurisdiction in which its business is conducted except to the extent the failure to maintain such authority would not reasonably be expected to cause a Material Adverse Effect; provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution expressly permitted under Section 6.016.03 and (b) carry on and conduct its business in substantially the same manner and in substantially the same fields of enterprise as it is presently conducted, provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.03.
Appears in 4 contracts
Samples: Credit Agreement (Furniture Brands International Inc), Credit Agreement (Furniture Brands International Inc), Credit Agreement (Furniture Brands International Inc)
Existence; Conduct of Business. Each Loan Party will, and will cause each of its Subsidiaries to, do do, or cause to be done done, all things necessary to (i) preserve, renew and keep in full force and effect (a) its legal existence, and (iib) except where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect, preserve, renew and keep in full force and effect its rights and privileges and the rights, licenses, permits, approvalsprivileges, privileges franchises, patents, copyrights, trademarks and franchises applicable trade names material to the conduct of its business, except (other than in respect of the legal existence of the Borrower) where the failure to do so would not reasonably be expected to have a Material Adverse Effect; provided that the foregoing provided, that, nothing in this Section 7.07 shall not prohibit any merger, merger or consolidation, liquidation liquidation, dissolution or dissolution expressly sale or other disposition permitted under Section 6.018.03 or Section 8.05.
Appears in 3 contracts
Samples: Credit Agreement (Spirit AeroSystems Holdings, Inc.), Credit Agreement (Spirit AeroSystems Holdings, Inc.), Loan Credit Agreement (Spirit AeroSystems Holdings, Inc.)
Existence; Conduct of Business. Each Loan Party will, and will cause each of its Subsidiaries Subsidiary to, (a) do or cause to be done all things necessary to (i) preserve, renew and keep in full force and effect its existence, and (ii) except where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect, preserve, renew and keep in full force and effect its rights and privileges legal existence and the rights, qualifications, licenses, permits, approvalsfranchises, privileges governmental authorizations, intellectual property rights, licenses and franchises applicable permits material to the conduct of its business, and maintain all requisite authority to conduct its business in each jurisdiction in which its business is conducted except to the extent failing to be so qualified would not reasonably be expected to have a Material Adverse Effect; provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution expressly permitted under Section 6.016.03, and (b) carry on and conduct its business in substantially the same manner and in substantially the same fields of enterprise as it is presently conducted.
Appears in 2 contracts
Samples: Revolving Loan Credit Agreement (Servicesource International, Inc.), Credit Agreement
Existence; Conduct of Business. Each Loan Party will, and will cause each of its the Subsidiaries to, do or cause to be done all things necessary to (i) comply with its respective charter, certificate of incorporation, articles of organization, and/or other organizational documents, as applicable; and by-laws and/or other instruments which deal with corporate governance, and to preserve, renew and keep in full force and effect its existence, and (ii) except where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect, preserve, renew and keep in full force and effect its rights and privileges legal existence and the rights, licenses, permits, approvalsprivileges, privileges franchises, patents, copyrights, trademarks and franchises applicable trade names material to the conduct of its business; , provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution expressly permitted under Section 6.01SECTION 6.03.
Appears in 2 contracts
Samples: Credit Agreement (Jo-Ann Stores Inc), Credit Agreement (Tweeter Home Entertainment Group Inc)
Existence; Conduct of Business. Each Loan Party will, and will cause each of its Subsidiaries Restricted Subsidiary to, do or cause to be done all things reasonably necessary to (i) preserve, renew and keep in full force and effect (i) its existence, legal existence and (ii) the rights, licenses, permits, privileges, franchises, patents, copyrights, trademarks and trade names material to the conduct of its business, except in the case of clause (ii) where the failure to do so, individually or in the aggregate, could would not reasonably be expected to result in a Material Adverse Effect, preserve, renew and keep in full force and effect its rights and privileges and the rights, licenses, permits, approvals, privileges and franchises applicable to the conduct of its business; provided that the foregoing shall not prohibit any merger, consolidation, liquidation liquidation, dissolution, disposition or dissolution expressly other transaction permitted under Section 6.016.03 or 6.05.
Appears in 2 contracts
Samples: Lender (Ascena Retail Group, Inc.), Assignment and Assumption (Ascena Retail Group, Inc.)
Existence; Conduct of Business. Each Loan Party The Company will, and will cause each of its Consolidated Subsidiaries to, do or cause to be done all things necessary to (i) preserve, renew and keep in full force and effect its existencelegal existence and the rights, licenses, permits, privileges and (ii) except franchises necessary to the conduct of its business, except, in the case of the legal existence of any such Consolidated Subsidiary or any such right, license, permit, privilege or franchise, where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect, so preserve, renew and keep in full force and effect its rights and privileges and the rights, licenses, permits, approvals, privileges and franchises applicable to the conduct of its businessdoes not constitute a Material Adverse Effect; provided that the foregoing shall not prohibit any merger, consolidation, liquidation merger or dissolution expressly consolidation permitted under Section 6.016.02.
Appears in 2 contracts
Samples: Credit Agreement (Hess Corp), Five Year Credit Agreement (Hess Corp)
Existence; Conduct of Business. Each Loan Party will, and will cause each of its the Subsidiaries to, do or cause to be done all things necessary to (i) comply with its respective charter, certificate of incorporation, articles of organization, and/or other organizational documents, as applicable; and by-laws and/or other instruments which deal with corporate governance, and to preserve, renew and keep in full force and effect its existence, and (ii) except where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect, preserve, renew and keep in full force and effect its rights and privileges legal existence and the rights, licenses, permits, approvalsprivileges, privileges franchises, patents, copyrights, trademarks and franchises applicable trade names material to the conduct of its business; , provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution expressly permitted under Section 6.017.3.
Appears in 2 contracts
Samples: Exit Credit Agreement (Footstar Inc), Exit Credit Agreement (Footstar Inc)
Existence; Conduct of Business. Each Loan Party will, and will cause each of its Subsidiaries Subsidiary to, (a) do or cause to be done all things necessary to (i) preserve, renew and keep in full force and effect its existencelegal existence and the rights, qualifications, licenses, permits, franchises, governmental authorizations, intellectual property rights, licenses and permits material to the conduct of its business, and (ii) maintain all requisite authority to conduct its business in each jurisdiction in which its business is conducted, except where the failure to do so, individually or in the aggregate, so could not reasonably be expected to result in have a Material Adverse Effect, preserve, renew and keep in full force and effect its rights and privileges and the rights, licenses, permits, approvals, privileges and franchises applicable to the conduct of its business; provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution expressly permitted under Section 6.016.03 and (b) carry on and conduct its business in substantially the same manner and in substantially the same fields of enterprise as it is presently conducted.
Appears in 2 contracts
Samples: Credit Agreement (Fuel Tech, Inc.), Credit Agreement (Fuel Tech, Inc.)
Existence; Conduct of Business. Each Loan Party will, and will cause each of its Subsidiaries Restricted Subsidiary to, do or cause to be done all things reasonably necessary to (i) preserve, renew and keep in full force and effect (i) its existence, legal existence and (ii) the rights, licenses, permits, privileges, franchises, patents, copyrights, trademarks and trade names material to the conduct of its business, except in the case of clause (ii) where the failure to do so, individually or in the aggregate, could would not reasonably be expected to result in a Material Adverse Effect, preserve, renew and keep in full force and effect its rights and privileges and the rights, licenses, permits, approvals, privileges and franchises applicable to the conduct of its business; provided that the foregoing shall not prohibit any merger, amalgamation, consolidation, liquidation liquidation, dissolution, disposition or dissolution expressly other transaction permitted under Section 6.016.03 or 6.05.
Appears in 2 contracts
Samples: Credit Agreement (Tailored Brands Inc), Credit Agreement (Mens Wearhouse Inc)
Existence; Conduct of Business. Each Loan Party will, and will cause each of its Subsidiaries Subsidiary to, (a) do or cause to be done all things necessary to (i) preserve, renew and keep in full force and effect its existencelegal existence and the rights, qualifications, licenses, permits, franchises, governmental authorizations, intellectual property rights, licenses and permits material to the conduct of its business, and (ii) maintain all requisite authority to conduct its business in each jurisdiction in which its business is conducted, except where the failure to do so, individually or in the aggregate, so could not be reasonably be expected to result in a Material Adverse Effect, preserve, renew and keep in full force and effect its rights and privileges and the rights, licenses, permits, approvals, privileges and franchises applicable to the conduct of its businessExchange; provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution expressly permitted under Section 6.016.03 and (b) carry on and conduct its business in substantially the same manner and in substantially the same fields of enterprise as it is presently conducted.
Appears in 2 contracts
Samples: Credit Agreement (Usa Technologies Inc), Credit Agreement (Usa Technologies Inc)
Existence; Conduct of Business. Each Loan Party will, and will cause each of its Subsidiaries to, (a) do or cause to be done all things necessary to (i) to preserve, renew and keep in full force and effect its existencelegal existence and the rights, licenses, permits, privileges and franchises material to the conduct of its business, and (ii) maintain all requisite authority to conduct its business in each jurisdiction in which its business is conducted, except where to the extent failure to do so, individually or in the aggregate, comply with this clause (ii) could not be reasonably be expected to result in a Material Adverse Effect, preserve, renew and keep in full force and effect its rights and privileges and the rights, licenses, permits, approvals, privileges and franchises applicable to the conduct of its business; provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution expressly permitted under Section 6.016.03 and (b) carry on and conduct its business in substantially the same manner and in substantially the same fields of enterprise as it is presently conducted.
Appears in 1 contract
Samples: Pledge and Security Agreement (Dura Automotive Systems Inc)
Existence; Conduct of Business. Each Loan Party will, and Borrower will cause each of its Subsidiaries Subsidiary to, (a) do or cause to be done all things necessary to (i) preserve, renew and keep in full force and effect its existencelegal existence and, and (ii) except where the failure to do so, individually or in the aggregate, could as would not reasonably be expected to result in a Material Adverse Effect, preserve, renew and keep in full force and effect its rights and privileges and the rights, qualifications, licenses, permits, approvalsfranchises, privileges governmental authorizations, intellectual property rights, licenses and franchises applicable permits material to the conduct of its business, and maintain all requisite authority to conduct its business in each jurisdiction in which its business is conducted; provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution expressly permitted under Section 6.016.03 and (b) carry on and conduct its business in substantially the same manner and in substantially the same fields of enterprise as it is presently conducted.
Appears in 1 contract
Existence; Conduct of Business. Each Specified Loan Party will, and will cause each of its Subsidiaries Restricted Subsidiary to, do or cause to be done all things necessary to (i) preserve, renew and keep in full force and effect its existence, and (ii) except where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effectobtain, preserve, renew and keep in full force and effect (a) its rights legal existence (including being in good standing in its jurisdiction of organization) and privileges and (b) the rights, licenses, permits, approvalsprivileges, privileges franchises, patents, copyrights, trademarks, trade names and franchises applicable contracts material to the conduct of its business, except to the extent that the failure to do so would not reasonably be expected to have a Material Adverse Effect; provided that the foregoing shall not prohibit any merger, consolidation, amalgamation, liquidation or dissolution expressly permitted under Section 6.01.6.03 or any Disposition permitted by Section 6.05. 103 Blue Bird Body Company Credit Agreement
Appears in 1 contract
Existence; Conduct of Business. Each Loan Party will, and will cause each of its the Subsidiaries to, do or cause to be done all things necessary to (i) comply with its respective charter, certificate of incorporation, articles of organization, and/or other organizational documents, as applicable; and by-laws and/or other instruments which deal with corporate governance, and to preserve, renew and keep in full force and effect its existence, and (ii) except where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect, preserve, renew and keep in full force and effect its rights and privileges legal existence and the rights, licenses, permits, approvalsprivileges, privileges franchises, patents, copyrights, trademarks and franchises applicable trade names material to the conduct of its business; , provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution expressly permitted under Section 6.01.7.3. SECTION 6.5
Appears in 1 contract
Samples: Credit Agreement (Footstar Inc)
Existence; Conduct of Business. Each Loan Party will, and will cause each of its Subsidiaries Subsidiary to, (a) do or cause to be done all things necessary to (i) preserve, renew and keep in full force and effect its existence, and (ii) except where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect, preserve, renew and keep in full force and effect its rights and privileges legal existence and the rights, qualifications, licenses, permits, approvalsfranchises, privileges governmental authorizations, intellectual property rights, licenses and franchises applicable permits material to the conduct of its business, and maintain all requisite authority to conduct its business in each jurisdiction in which its business is conducted except to the extent that the failure to do so would not reasonably be expected to have a Material Adverse Effect; provided that (i) the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution expressly permitted under Section 6.01.6.03 and (ii) neither the Borrower nor any of its
Appears in 1 contract
Samples: Credit Agreement (CompoSecure, Inc.)
Existence; Conduct of Business. Each Loan Party The Company will, and will cause each of its Subsidiaries to, do or cause to be done all things necessary to (i) preserve, renew and keep in full force and effect its existencelegal existence and the rights, licenses, permits, privileges, franchises, patents, copyrights, trademarks and trade names material to the conduct of its business, except (iiother than as to the preservation of the legal existence of any Loan Party) except where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect, preserve, renew and keep in full force and effect its rights and privileges and the rights, licenses, permits, approvals, privileges and franchises applicable to the conduct of its business; provided that the foregoing shall not prohibit any merger, amalgamation, consolidation, liquidation or dissolution expressly permitted under Section 6.016.03.
Appears in 1 contract
Existence; Conduct of Business. Each Loan Party will, and will cause each of its Subsidiaries Subsidiary to, (a) do or cause to be done all things necessary to (i) preserve, renew and keep in full force and effect its existencelegal existence and the rights, qualifications, licenses, permits, franchises, governmental authorizations, intellectual property rights, licenses and permits material to the conduct of its business, and (ii) maintain all requisite authority to conduct its business in each jurisdiction in which its business is conducted, except where the failure to do so, individually or in the aggregate, as could not reasonably be expected to result in a Material Adverse Effect, preserve, renew and keep in full force and effect its rights and privileges and the rights, licenses, permits, approvals, privileges and franchises applicable to the conduct of its business; provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution expressly permitted under Section 6.016.03 and (b) carry on and conduct its business in substantially the same manner and in substantially the same fields of enterprise as it is presently conducted.
Appears in 1 contract
Existence; Conduct of Business. Each Loan Party The Borrower will, and will cause each of its Subsidiaries to, do or cause to be done all things necessary to (i) preserve, renew and keep in full force and effect (a) its existence, legal existence and (iib) except where the failure to do sorights (including intellectual property rights), individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect, preserve, renew and keep in full force and effect its rights and privileges and the rightsqualifications, licenses, permits, approvalsprivileges, privileges franchises and franchises applicable governmental authorizations material to the conduct of the business of the Borrower and its businessSubsidiaries taken as a whole, and maintain all requisite authority to conduct its business in each jurisdiction in which its business is conducted; provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution expressly permitted under Section 6.016.03.
Appears in 1 contract
Samples: Credit Agreement (Blackboard Inc)
Existence; Conduct of Business. Each Loan Party will, and will cause each of its Subsidiaries Subsidiary to, (a) do or cause to be done all things necessary to (i) preserve, renew and keep in full force and effect its existencelegal existence and the rights, qualifications, licenses, permits, franchises, governmental authorizations, intellectual property rights, licenses and permits material to the conduct of its business, and (ii) except maintain all requisite authority to conduct its business in each jurisdiction in which its business is conducted where the such failure to do so, individually or in the aggregate, maintain such authority is could not reasonably be expected to result in a Material Adverse Effect, preserve, renew and keep in full force and effect its rights and privileges and the rights, licenses, permits, approvals, privileges and franchises applicable to the conduct of its business; provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution expressly permitted under Section 6.01.6.03 or any sale of assets permitted under Section 6.05 and (b) carry on and conduct its business in substantially the same manner and in substantially the same fields of enterprise as it is presently conducted. β
Appears in 1 contract
Existence; Conduct of Business. Each Loan Party will, and will cause each of its Subsidiaries Subsidiary to, (a) do or cause to be done all things necessary to (i) preserve, renew and keep in full force and effect its existencelegal existence and the rights, qualifications, licenses, permits, franchises, governmental authorizations, intellectual property rights, licenses and permits material to the conduct of its business, and (ii) except maintain all requisite authority to conduct its business in each jurisdiction in which its business is conducted where the such failure to do so, individually or in the aggregate, maintain such authority is could not reasonably be expected to result in a Material Adverse Effect, preserve, renew and keep in full force and effect its rights and privileges and the rights, licenses, permits, approvals, privileges and franchises applicable to the conduct of its business; provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution expressly permitted under Section 6.016.03 or any sale of assets permitted under Section 6.05 and (b) carry on and conduct its business in substantially the same manner and in substantially the same fields of enterprise as it is presently conducted.
Appears in 1 contract
Existence; Conduct of Business. Each Loan Party will, and will cause each of its Subsidiaries to, do or cause to be done all things necessary to (i) preserve, renew and keep in full force and effect its existence, and (ii) except where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect, preserve, renew and keep in full force and effect its rights and privileges legal existence and the rights, licenses, permits, approvals, privileges and franchises applicable material to the conduct of its businessbusiness and maintain, if necessary, its qualification to do business in each other jurisdiction in which its Oil and Gas Properties are located or the ownership of its Properties requires such qualification, except where the failure to so qualify could not reasonably be expected to have a Material Adverse Effect; provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution expressly permitted under Section 6.016.10.
Appears in 1 contract
Samples: Security Agreement and Guaranty Agreement (Magnum Hunter Resources Corp)
Existence; Conduct of Business. Each Specified Loan Party will, and will cause each of its Subsidiaries Restricted Subsidiary to, do or cause to be done all things necessary to (i) preserve, renew and keep in full force and effect its existence, and (ii) except where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effectobtain, preserve, renew and keep in full force and effect (a) its rights legal existence (including being in good standing in its jurisdiction of organization) and privileges and (b) the rights, licenses, permits, approvalsprivileges, privileges franchises, patents, copyrights, trademarks, trade names and franchises applicable contracts material to the conduct of its business, except to the extent that the failure to do so would not reasonably be expected to have a Material Adverse Effect; provided that the foregoing shall not prohibit any merger, consolidation, amalgamation, liquidation or dissolution expressly permitted under Section 6.016.03 or any Disposition permitted by Section 6.05.
Appears in 1 contract
Samples: Credit Agreement (Blue Bird Corp)