Common use of Existence; Conduct of Business Clause in Contracts

Existence; Conduct of Business. The Company will, and will cause each of its Subsidiaries to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges and franchises material to the conduct of its business; provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.03.

Appears in 24 contracts

Samples: Credit Agreement (Matrix Service Co), Credit Agreement (Matrix Service Co), Credit Agreement (Photronics Inc)

AutoNDA by SimpleDocs

Existence; Conduct of Business. The Company Such Obligor will, and will cause each of its Subsidiaries to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges and franchises material to the conduct of its business; provided that the foregoing shall not prohibit any merger, amalgamation, consolidation, liquidation or dissolution permitted under Section 6.039.03.

Appears in 15 contracts

Samples: Credit Agreement (Sonendo, Inc.), Credit Agreement (Sonendo, Inc.), Credit Agreement (Sonendo, Inc.)

Existence; Conduct of Business. The Company will, and will cause each of its Material Subsidiaries to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges and franchises material to the conduct of the business of the Company and its businessSubsidiaries, taken as a whole; provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.036.02.

Appears in 11 contracts

Samples: Interim Loan Agreement (Moodys Corp /De/), Credit Agreement (Moodys Corp /De/), Credit Agreement (Moodys Corp /De/)

Existence; Conduct of Business. The Company will, and will cause each of its Subsidiaries to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges and franchises material to the conduct of its businessfranchises; provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.036.04 or any transfer, disposition or abandonment of rights, licenses, permits, privileges or franchises that could not reasonably be expected to have a Material Adverse Effect.

Appears in 9 contracts

Samples: Credit Agreement (Beam Inc), Revolving Credit Agreement (Fortune Brands Inc), Revolving Credit Agreement (Fortune Brands Inc)

Existence; Conduct of Business. The Company will, and will cause each of its Subsidiaries to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges privileges, franchises, patents, copyrights, trademarks and franchises trade names material to the conduct of its business; provided that the foregoing shall not prohibit any merger, amalgamation, consolidation, liquidation or dissolution permitted under Section 6.03.

Appears in 9 contracts

Samples: Term Loan Credit Agreement (Amerisourcebergen Corp), Term Loan Credit Agreement (Amerisourcebergen Corp), Credit Agreement (Amerisourcebergen Corp)

Existence; Conduct of Business. The Company will, and will cause each of its 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 and the rights, licenses, permits, privileges privileges, franchises, patents, copyrights, trademarks and franchises trade names material to the conduct of its business, except where the failure to do so could not reasonably be expected to result in a Material Adverse Effect; provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution permitted under not prohibited by Section 6.03.

Appears in 8 contracts

Samples: Credit Agreement (Molson Coors Beverage Co), Credit Agreement (Molson Coors Brewing Co), Credit Agreement (Molson Coors Brewing Co)

Existence; Conduct of Business. The Company will, and will cause each of its Subsidiaries to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges and franchises material to the conduct of its business; provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.037.03.

Appears in 8 contracts

Samples: Credit Agreement (1 800 Flowers Com Inc), Credit Agreement (1 800 Flowers Com Inc), Credit Agreement (Cambrex Corp)

Existence; Conduct of Business. The Company will, and will cause each of its 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 and the rights, licenses, permits, privileges privileges, franchises, patents, copyrights, trademarks and franchises tradenames material to the conduct of its businessthe business of the Company and the Subsidiaries, taken as a whole; provided that the foregoing shall not prohibit any merger, consolidation, liquidation liquidation, dissolution or dissolution other transaction permitted under Section 6.03.

Appears in 7 contracts

Samples: Revolving Credit Facility Agreement (Albany International Corp /De/), Revolving Credit Facility Agreement (Albany International Corp /De/), Revolving Credit Facility Agreement (Albany International Corp /De/)

Existence; Conduct of Business. The Company will, and will cause each of its Restricted Subsidiaries to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges and franchises material to the conduct of its business; provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.037.04.

Appears in 7 contracts

Samples: Credit Agreement (Lamar Media Corp/De), Credit Agreement (Lamar Media Corp/De), Credit Agreement (Lamar Media Corp/De)

Existence; Conduct of Business. The Company will, and will cause each of its 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 and the rights, licenses, permits, privileges and franchises material to the conduct of its businessthe business of the Company and thus Subsidiaries taken as a whole; provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.03.

Appears in 6 contracts

Samples: 364 Day Credit Agreement (Crane Co /De/), Term Loan Credit Agreement (Crane Co /De/), Revolving Credit Agreement (Crane Co /De/)

Existence; Conduct of Business. The Company will, and each Subsidiary will cause each of its Subsidiaries to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges privileges, franchises, and franchises Intellectual Property material to the conduct of its business; provided that the foregoing shall not prohibit any transaction permitted under Section 6.03 or 6.05, including any merger, consolidation, liquidation or dissolution permitted under Section 6.03.

Appears in 6 contracts

Samples: Credit Agreement (Minerals Technologies Inc), Credit Agreement (Diplomat Pharmacy, Inc.), Credit Agreement (Minerals Technologies Inc)

Existence; Conduct of Business. The Company will, and will cause each of its Subsidiaries to, do or cause to be done all things reasonably necessary to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges and franchises material to the conduct of its business; provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.036.03 or apply to any Subsidiary that is not a Significant Subsidiary.

Appears in 5 contracts

Samples: Revolving Credit Agreement (PERRIGO Co PLC), Term Loan Credit Agreement (PERRIGO Co PLC), Revolving Credit Agreement (PERRIGO Co PLC)

Existence; Conduct of Business. The Company will, and will cause each of its Subsidiaries to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges and franchises material to the conduct of the business of the Company and its businessSubsidiaries on a consolidated basis; provided that the foregoing shall not prohibit any merger, consolidation, liquidation liquidation, dissolution or dissolution sale of assets permitted under Section 6.03.

Appears in 5 contracts

Samples: Term Loan Credit Agreement (Yum Brands Inc), Credit Agreement (Yum Brands Inc), Credit Agreement (Yum Brands Inc)

Existence; Conduct of Business. The Company will, and will cause each of its the Material Subsidiaries to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges and franchises material to the conduct of its business; provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.036.02.

Appears in 5 contracts

Samples: Credit Agreement (Kinder Morgan Energy Partners L P), Credit Agreement (Kinder Morgan Energy Partners L P), Credit Agreement (Kinder Morgan Energy Partners L P)

Existence; Conduct of Business. The Company will, and will cause each of its 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 and the rights, licensesqualifications, permits, privileges approvals, accreditations, authorizations, licenses, franchises, patents, copyrights, trademarks and franchises trade names material to the conduct of its business; provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.038.01.

Appears in 5 contracts

Samples: Securities Purchase Agreement (AGA Medical Holdings, Inc.), Securities Purchase Agreement (AGA Medical Holdings, Inc.), Securities Purchase Agreement (AGA Medical Holdings, Inc.)

Existence; Conduct of Business. The Company will, and will cause each of its 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 and the rights, licenses, permits, privileges privileges, franchises, patents, copyrights, trademarks and franchises trade names material to the conduct of its business; provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.03.

Appears in 5 contracts

Samples: Credit Agreement (Great Atlantic & Pacific Tea Co Inc), Credit Agreement (Great Atlantic & Pacific Tea Co Inc), Credit Agreement (Great Atlantic & Pacific Tea Co Inc)

Existence; Conduct of Business. The Company will, and will cause each of its Subsidiaries to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and the rights, qualifications, licenses, permits, privileges privileges, franchises, governmental authorizations and franchises intellectual property rights 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 permitted under Section 6.03.

Appears in 4 contracts

Samples: Credit Agreement (Analogic Corp), Credit Agreement (Forest Laboratories Inc), Credit Agreement (Brush Engineered Materials Inc)

Existence; Conduct of Business. The Company It will, and will cause each of its Restricted Subsidiaries to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges and franchises material to the conduct of its business; provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution transaction permitted under Section 6.036.03 (including any conversion into any other form of entity or continuation in another jurisdiction, but only to the extent otherwise expressly permitted thereunder).

Appears in 4 contracts

Samples: 5 Year Revolving Credit Agreement (NuStar Energy L.P.), Term Loan Credit Agreement (NuStar Energy L.P.), 5 Year Revolving Credit Agreement (NuStar Energy L.P.)

Existence; Conduct of Business. The Company will, and will cause each of its Subsidiaries to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect (a) its legal existence and (b) the rights, licenses, permits, privileges and franchises material to the conduct of its business; provided that , other than, in the foregoing shall case of clause (b), the loss of which would not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.03reasonably be expected to result in a Material Adverse Effect.

Appears in 4 contracts

Samples: 18 Month Delayed Draw Term Loan Agreement (American International Group, Inc.), Term Loan Agreement (American International Group, Inc.), Term Loan Agreement (SAFG Retirement Services, Inc.)

Existence; Conduct of Business. The Company will, and will cause each of its Material Subsidiaries to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges and franchises material to the conduct of its business; provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.036.04.

Appears in 4 contracts

Samples: Credit Agreement (Murphy Oil Corp), Credit Agreement (Murphy Oil Corp), Credit Agreement (Murphy Oil Corp /De)

Existence; Conduct of Business. The Company will, and will cause each of its Subsidiaries Material Subsidiary to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges and franchises material to the conduct of its business; provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.036.04.

Appears in 4 contracts

Samples: Bridge Credit Agreement (CDK Global Holdings, LLC), Credit Agreement (CDK Global Holdings, LLC), Bridge Credit Agreement (CDK Global Holdings, LLC)

Existence; Conduct of Business. The Company will, and will cause each of its Subsidiaries Material Subsidiary to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and business operations and the rights, licenses, permits, privileges and franchises material to the conduct of its businessthe business of the Company and the Material Subsidiaries taken as a whole; provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.03.

Appears in 3 contracts

Samples: Credit Agreement (Heidrick & Struggles International Inc), Credit Agreement (Heidrick & Struggles International Inc), Credit Agreement (Heidrick & Struggles International Inc)

Existence; Conduct of Business. The Company will, and will cause each of its Subsidiaries to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges and franchises material to the conduct of its businessfranchises; provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.036.03 or any transfer, disposition or abandonment of rights, licenses, permits, privileges or franchises that could not reasonably be expected to have a Material Adverse Effect.

Appears in 3 contracts

Samples: Five Year Revolving Credit Agreement (Fortune Brands Inc), Revolving Credit Agreement (Fortune Brands Inc), 364 Day Revolving Credit Agreement (Fortune Brands Inc)

Existence; Conduct of Business. The Company will, and will cause each of its 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 and the rights, licenses, permits, privileges privileges, franchises, patents, copyrights, trademarks and franchises material to trade names used in the conduct of its businessbusiness except where the failure to do so could not reasonably be expected to have a Material Adverse Effect; provided that the foregoing nothing in this Section 5.03 shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.03.

Appears in 3 contracts

Samples: Credit Agreement (Valmont Industries Inc), Credit Agreement (Valmont Industries Inc), Credit Agreement (Valmont Industries Inc)

Existence; Conduct of Business. The Company will, and will cause each of its 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 and the rights, licenses, permits, privileges privileges, franchises, patents, copyrights, trademarks and franchises trade names material to the conduct of its business, except where the failure to do so could not reasonably be expected to result in a Material Adverse Effect; provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution permitted under not prohibited by Section 6.036.04.

Appears in 3 contracts

Samples: Credit Agreement (Molson Coors Brewing Co), Credit Agreement (Molson Coors Brewing Co), Credit Agreement (Molson Coors Brewing Co)

Existence; Conduct of Business. The Company will, and will cause each of its Subsidiaries to, do or cause to be done all things necessary to obtain, preserve, renew and keep in full force and effect its legal existence and the rightsexistence; provided, licenses, permits, privileges and franchises material to the conduct of its business; provided that the foregoing shall not prohibit (a) any merger, consolidation, liquidation or dissolution permitted under Section 6.03 or (b) any disposition of assets permitted under Section 6.03.

Appears in 3 contracts

Samples: Term Loan Agreement (Tyson Foods, Inc.), Term Loan Agreement (Tyson Foods, Inc.), Term Loan Agreement (Tyson Foods, Inc.)

Existence; Conduct of Business. The Company will, and will cause each of its Subsidiaries to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges and franchises material to the conduct of its business; provided that the foregoing shall not prohibit any merger, consolidation, Division, liquidation or dissolution permitted under Section 6.037.03.

Appears in 3 contracts

Samples: Credit Agreement (1 800 Flowers Com Inc), Credit Agreement (1 800 Flowers Com Inc), Credit Agreement (1 800 Flowers Com Inc)

Existence; Conduct of Business. The Except as otherwise permitted by Sections 6.03 or 6.05, the Company will, and each Subsidiary will cause each of its Subsidiaries to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges and franchises material to the conduct of its business; provided that the foregoing shall , except where failure to do so could not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.03reasonably be expected to result in a Material Adverse Effect.

Appears in 3 contracts

Samples: Revolving Credit Facility Agreement (Knowles Corp), Credit Agreement (Knowles Corp), Credit Agreement (Knowles Corp)

Existence; Conduct of Business. The Company will, and will cause each of its Subsidiaries to, do or cause to be done all things reasonably necessary to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges and franchises material to the conduct of its business; provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.036.03 or apply to any Non-Loan Party Immaterial Subsidiary.

Appears in 3 contracts

Samples: Revolving Credit Agreement (PERRIGO Co PLC), Revolving Credit Agreement (Perrigo Finance PLC), Term Loan Credit Agreement (Perrigo Finance PLC)

Existence; Conduct of Business. The Company will, and will cause each of its Subsidiaries to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges and franchises material to the conduct of its businessbusiness except where the failure to do so could not reasonably be expected to have a Material Adverse Effect; provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.03.

Appears in 3 contracts

Samples: Five Year Revolving Credit and Competitive Advance Facility Agreement (Readers Digest Association Inc), Competitive Advance and Revolving Credit Facility Agreement (Readers Digest Association Inc), 364 Day Revolving Credit and Competitive Advance Facility Agreement (Readers Digest Association Inc)

Existence; Conduct of Business. The Company will, and will cause each of its Subsidiaries to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges privileges, franchises, patents, copyrights, trademarks and franchises trade names material to the conduct of its business; provided that the foregoing shall not prohibit any merger, amalgamation, consolidation, liquidation or dissolution permitted under Section 6.036.03 or any disposition permitted under Section 6.05.

Appears in 3 contracts

Samples: Credit Agreement (Amerisourcebergen Corp), Credit Agreement (Amerisourcebergen Corp), Credit Agreement (Amerisourcebergen Corp)

Existence; Conduct of Business. The Company will, and will cause each of its 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 and the rights, licenses, permits, privileges privileges, franchises, patents, copyrights, trademarks and franchises trade names material to the conduct of its business; provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.036.04.

Appears in 3 contracts

Samples: Credit Agreement (Labone Inc/), Credit Agreement (Labone Inc/), Credit Agreement (Labone Inc/)

Existence; Conduct of Business. The Company will, and will cause each of its Subsidiaries to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and business operations and the rights, licenses, permits, privileges and franchises material to the conduct of the business of the Company and its businessSubsidiaries taken as a whole; provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.03.

Appears in 3 contracts

Samples: Credit Agreement (Heidrick & Struggles International Inc), Amendment and Restatement Agreement (Heidrick & Struggles International Inc), Credit Agreement (Heidrick & Struggles International Inc)

Existence; Conduct of Business. The Company will, and will cause each of its Subsidiaries to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges and franchises material to the necessary for conduct of its businessbusiness except where failure to do so could not reasonably be expected to result in a Material Adverse Effect; provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.037.03.

Appears in 3 contracts

Samples: Credit Agreement (Cdi Corp), Credit Agreement (Cdi Corp), Credit Agreement (Cdi Corp)

Existence; Conduct of Business. The Company will, and will cause each of its the Material Subsidiaries to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges and franchises material to the conduct of its business; provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.036.05.

Appears in 3 contracts

Samples: Term Loan Agreement (Energy Transfer Partners, L.P.), Credit Agreement (Energy Transfer Partners, L.P.), Credit Agreement (Energy Transfer Partners, L.P.)

Existence; Conduct of Business. The Company It will, and will cause each of its Restricted Subsidiaries to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges and franchises material to the conduct of its business; provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.03.

Appears in 3 contracts

Samples: Term Loan Credit Agreement (NuStar Energy L.P.), 5 Year Revolving Credit Agreement (NuStar GP Holdings, LLC), 5 Year Revolving Credit Agreement (NuStar Energy L.P.)

Existence; Conduct of Business. The Company will, and will cause each of its Subsidiaries Subsidiary to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges and franchises material to the conduct of its business; provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.03.

Appears in 3 contracts

Samples: Credit Agreement (Molex Inc), Credit Agreement (Molex Inc), Credit Agreement (Molex Inc)

Existence; Conduct of Business. The Company will, and will cause each of its Material Subsidiaries to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and the rights, qualifications, licenses, permits, privileges privileges, franchises, governmental authorizations and franchises intellectual property rights 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 permitted under Section 6.03.

Appears in 3 contracts

Samples: Credit Agreement (MTS Systems Corp), Credit Agreement (MTS Systems Corp), Credit Agreement (MTS Systems Corp)

Existence; Conduct of Business. The Company will, and will cause each of its Material Subsidiaries to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence in its jurisdiction of organization and the rights, qualifications, licenses, permits, privileges privileges, franchises, governmental authorizations and franchises intellectual property rights material to the conduct of its business; provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.03not prohibited herein.

Appears in 3 contracts

Samples: Loan Agreement (Brown & Brown, Inc.), Credit Agreement (Brown & Brown Inc), Credit Agreement (Brown & Brown Inc)

Existence; Conduct of Business. The Company will, and will cause each of its Subsidiaries to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal corporate existence and the rights, licenses, permits, privileges and franchises material it reasonably deems necessary to the conduct of its business; provided that the foregoing shall not prohibit any merger, consolidation, liquidation conveyance, transfer or dissolution permitted lease not prohibited under Section 6.03Article Eight.

Appears in 3 contracts

Samples: Indenture (CSX Corp), Indenture (CSX Transportation Inc), Indenture (CSX Transportation Inc)

Existence; Conduct of Business. The Company will, and will cause each of its Material Subsidiaries to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges and franchises material to the conduct of its business; provided that the foregoing shall not prohibit any merger, consolidation, liquidation liquidation, dissolution or dissolution other transaction permitted under Section 6.036.02.

Appears in 3 contracts

Samples: 364 Day Credit Agreement (Metlife Inc), 364 Day Credit Agreement (Metlife Inc), Credit Agreement (Metlife Inc)

Existence; Conduct of Business. The Company will, and will cause each of its Subsidiaries to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and the material rights, qualifications, licenses, permits, privileges material privileges, franchises, governmental authorizations and franchises material intellectual property rights necessary 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 permitted under Section 6.03.

Appears in 2 contracts

Samples: Credit Agreement (Priceline Group Inc.), Credit Agreement (Priceline Com Inc)

Existence; Conduct of Business. The Company will, and each Subsidiary will cause each of its Subsidiaries to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges and franchises material to the conduct of the business of the Company and its businessSubsidiaries taken as a whole; provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution transaction expressly permitted under Section 6.036.04.

Appears in 2 contracts

Samples: Credit Agreement (Kla Tencor Corp), Credit Agreement (Kla Tencor Corp)

Existence; Conduct of Business. The Company will, and will cause each of its Significant Subsidiaries to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges and franchises material to the conduct of its business; provided that the foregoing shall not prohibit any merger, consolidation, transaction, liquidation or dissolution permitted under Section 6.036.04.

Appears in 2 contracts

Samples: Credit Agreement (Newell Rubbermaid Inc), Credit Agreement (Newell Rubbermaid Inc)

Existence; Conduct of Business. The Company will, and will cause each of its Subsidiaries to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges privileges, franchises, patents, copyrights, trademarks and franchises trade names material to the conduct of its business; provided that the foregoing shall not prohibit (a) any merger, amalgamation, consolidation, liquidation or dissolution permitted under Section 6.036.03 or (b) the Pharmerica Spin-Off.

Appears in 2 contracts

Samples: Credit Agreement (Amerisourcebergen Corp), Credit Agreement (Amerisourcebergen Corp)

Existence; Conduct of Business. The Company will, and will cause each of its Restricted Subsidiaries to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges and franchises material to the conduct of its business; provided that the foregoing shall not prohibit (a) any merger, consolidation, liquidation or dissolution permitted under Section 6.036.03 or (b) any Asset Disposition permitted under Section 6.04.

Appears in 2 contracts

Samples: Letter of Credit and Reimbursement Agreement (Contifinancial Corp), Letter of Credit and Reimbursement Agreement (Contifinancial Corp)

Existence; Conduct of Business. The Company will, and will cause each of its 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 and the rights, licenses, permits, privileges privileges, franchises, patents, copyrights, trademarks and franchises trade names material to the conduct of its business, except where the failure to do so could not reasonably be expected to result in a Material Adverse Effect; provided that the foregoing shall not prohibit any merger, amalgamation, consolidation, liquidation or dissolution permitted under not prohibited by Section 6.03.

Appears in 2 contracts

Samples: Credit Agreement (Molson Coors Beverage Co), Credit Agreement (Molson Coors Beverage Co)

Existence; Conduct of Business. The Company Such Obligor will, and will cause each of its Subsidiaries to and will use commercially reasonably efforts to cause each Managed Company to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges and franchises material to the conduct of its business; provided that the foregoing shall not prohibit any merger, amalgamation, consolidation, liquidation or dissolution permitted under Section 6.039.03.

Appears in 2 contracts

Samples: Term Loan Agreement (Alignment Healthcare, Inc.), Term Loan Agreement (Alignment Healthcare, Inc.)

Existence; Conduct of Business. The Company It will, and will cause each of its Subsidiaries subsidiaries to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges and franchises material to the conduct of its business; provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.03.

Appears in 2 contracts

Samples: 5 Year Term Credit Agreement (Valero L P), 5 Year Revolving Credit Agreement (Valero L P)

Existence; Conduct of Business. The Company will, and will cause each of its Material Subsidiaries to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges and franchises material to the conduct of the business of the Company and its businessSubsidiaries, taken as a whole; provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution permitted under pursuant to Section 6.036.02.

Appears in 2 contracts

Samples: Credit Agreement (Moodys Corp /De/), Credit Agreement (Moodys Corp /De/)

Existence; Conduct of Business. The Company Such Obligor will, and will cause each of its Subsidiaries to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges and franchises material to the conduct of its businessBusiness, except where failure to do so could not reasonably be expected to have a Material Adverse Effect; provided that the foregoing shall not prohibit any merger, amalgamation, consolidation, liquidation or dissolution permitted under Section 6.039.03.

Appears in 2 contracts

Samples: Term Loan Agreement (Biodelivery Sciences International Inc), Term Loan Agreement (Biodelivery Sciences International Inc)

Existence; Conduct of Business. The Company will, and will cause each of its Subsidiaries to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and the all rights, licenses, permits, privileges and franchises material except to the conduct of its businessextent that the failure to do so could not reasonably be expected to result in a Material Adverse Effect; provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.037.03.

Appears in 2 contracts

Samples: Credit Agreement (Cambrex Corp), Credit Agreement (Cambrex Corp)

Existence; Conduct of Business. The Company will, and will cause each of its 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 and the rights, licenses, permits, privileges privileges, franchises, patents, copyrights, trademarks and franchises trade names material to the conduct of its business; provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution permitted under not prohibited by Section 6.036.04.

Appears in 2 contracts

Samples: Credit Agreement (Coors Adolph Co), Bridge Credit Agreement (Coors Adolph Co)

Existence; Conduct of Business. The Company will, and will cause each of its Subsidiaries Material Subsidiary to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges and franchises material to the conduct of its business; provided that provided, that, the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.036.04.

Appears in 2 contracts

Samples: Revolving Credit Agreement (CDK Global, Inc.), Revolving Credit Agreement (CDK Global, Inc.)

Existence; Conduct of Business. The Company will, and will cause each of its Subsidiaries Material Subsidiary to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and (except with regard to any Broker Dealer Subsidiary) the rights, licenses, permits, privileges and franchises material to the conduct of its business; provided that the foregoing shall not prohibit any merger, consolidation, amalgamation, Division, liquidation or dissolution permitted under Section 6.036.04.

Appears in 2 contracts

Samples: Term Credit Agreement (Broadridge Financial Solutions, Inc.), Term Credit Agreement (Broadridge Financial Solutions, Inc.)

Existence; Conduct of Business. The Company will, and will cause each of its Subsidiaries to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges privileges, franchises, patents, copyrights, trademarks and franchises trade names material to the conduct of its businessCompany and the Subsidiaries (as a whole); provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.036.03 or any sale, transfer, lease or disposition permitted by Section 6.05.

Appears in 2 contracts

Samples: Credit Agreement (Fisher Scientific International Inc), Credit Agreement (Fisher Scientific International Inc)

Existence; Conduct of Business. The Company will, and will cause each of its Restricted Subsidiaries to, do or cause to be done all things reasonably necessary to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges and franchises material to the conduct of its business; provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.03.

Appears in 2 contracts

Samples: Credit Agreement (Universal Forest Products Inc), Credit Agreement (Universal Forest Products Inc)

Existence; Conduct of Business. The Company will, and will cause each of its Material Subsidiaries to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges and franchises material to the conduct of the business of the Company and its businessSubsidiaries, taken as a whole; provided 57 that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.036.02.

Appears in 1 contract

Samples: Credit Agreement (New D&b Corp)

Existence; Conduct of Business. The Company will, and will cause each of its Subsidiaries to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges and franchises material to the conduct of its businessPermitted Lines of Business; provided PROVIDED that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.036.04.

Appears in 1 contract

Samples: Credit Agreement (Claiborne Liz Inc)

AutoNDA by SimpleDocs

Existence; Conduct of Business. The Company will, and will ------------------------------ cause each of its 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 and the rights, licenses, permits, privileges and franchises material to the conduct of its business; , provided that the foregoing shall -------- not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.035.4 or any sale, lease, transfer or other disposition permitted by Section 5.2.

Appears in 1 contract

Samples: Securities Purchase Agreement (Zoltek Companies Inc)

Existence; Conduct of Business. The Company will, and will cause each of its Subsidiaries (other than any Immaterial Subsidiary) to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges and franchises material to the conduct of its business; provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.036.02.

Appears in 1 contract

Samples: Credit Agreement (Brunswick Corp)

Existence; Conduct of Business. The Company will, and will cause each of its Material Subsidiaries to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges and franchises material to the conduct of its business; provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.03.

Appears in 1 contract

Samples: 5 Year Revolving Credit Agreement (Murphy Oil Corp /De)

Existence; Conduct of Business. The Company will, and will cause each of its 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 and the rights, licenses, permits, privileges privileges, franchises, patents, copyrights, trademarks and franchises trade names material to the conduct of its business, taken as a whole; provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.03.

Appears in 1 contract

Samples: Superpriority Debtor in Possession Credit Agreement (Great Atlantic & Pacific Tea Co Inc)

Existence; Conduct of Business. The Company will, and will cause each of its Material Subsidiaries to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges and franchises material to the conduct of the business of the Company and its businessSubsidiaries, taken as a whole; provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution permitted not prohibited under Section 6.03.

Appears in 1 contract

Samples: Credit Agreement (Acnielsen Corp)

Existence; Conduct of Business. The Company will, and will cause each of its Subsidiaries to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges and franchises material to the conduct of its business; provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.03.

Appears in 1 contract

Samples: Credit Agreement (Carey Diversified LLC)

Existence; Conduct of Business. The Company will, and will cause each of its Subsidiaries to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges and franchises material to the conduct of its business; provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.03.paragraph 6D.

Appears in 1 contract

Samples: Private Shelf Agreement (Tennant Co)

Existence; Conduct of Business. The Company will, and will cause each of its Material Subsidiaries to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges and franchises material to the conduct of its businesstheir business taken as a whole; provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.03.

Appears in 1 contract

Samples: Credit Agreement (International Rectifier Corp /De/)

Existence; Conduct of Business. The Company will, and will cause each of its Subsidiaries to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and the rights, qualifications, licenses, permits, privileges and franchises franchises, patents, copyrights, trademarks and tradenames material to the conduct of its businessbusiness 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 permitted under Section 6.03.

Appears in 1 contract

Samples: Credit Agreement (Central Garden & Pet Co)

Existence; Conduct of Business. The Company will, and will cause each of its Subsidiaries to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges privileges, franchises, patents, copyrights, trademarks and franchises trade names material to the conduct of its business; provided that the foregoing shall not prohibit any conversion, merger, consolidation, liquidation or dissolution permitted under Section 6.036.03 or any sale, transfer, lease or other disposition permitted under Section 6.05.

Appears in 1 contract

Samples: Credit Agreement (Imc Global Inc)

Existence; Conduct of Business. The Company will, and will cause each of its Subsidiaries to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges privileges, patents, copyrights, trademarks, tradenames and franchises material to the conduct of its businessbusiness except where the failure to do so could not reasonably be expected to have a Material Adverse Effect; provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.036.04.

Appears in 1 contract

Samples: Term Loan Agreement (Readers Digest Association Inc)

Existence; Conduct of Business. The Company will, and will cause each of its Material Subsidiaries to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges privileges, franchises, patents, copyrights, trademarks and franchises trade names material to the conduct of its business; provided that the foregoing shall not prohibit any merger, consolidation, liquidation liquidation, dissolution or dissolution disposition permitted under Section 6.036.02.

Appears in 1 contract

Samples: Term Credit Agreement

Existence; Conduct of Business. The Company will, and will cause each of its Subsidiaries to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges privileges, franchises, patents, copyrights, trademarks and franchises trade names material to the conduct of its business; business provided that the foregoing failure to do so shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.03be an Event of Default unless it could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Facility Agreement (Centerpulse LTD)

Existence; Conduct of Business. The Company will, and will cause each of its 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 and the rights, licenses, permits, privileges and 364-Day Facility 46 franchises material to the conduct of its business; provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.03.

Appears in 1 contract

Samples: Credit Agreement (Kinder Morgan Energy Partners L P)

Existence; Conduct of Business. The Company will, and will cause each of its Consolidated Subsidiaries to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges and franchises material necessary to the conduct of its business; provided that , except, in the foregoing shall not prohibit case of the legal existence of any mergersuch Consolidated Subsidiary or any such right, consolidationlicense, liquidation or dissolution permitted under Section 6.03.permit,

Appears in 1 contract

Samples: Credit Agreement (Amerada Hess Corp)

Existence; Conduct of Business. The Each Company will, and will cause each of its Subsidiaries to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges and franchises material to the conduct of its business; provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.03.

Appears in 1 contract

Samples: Credit Agreement (Discover Financial Services)

Existence; Conduct of Business. The Company will, and will cause each of its Subsidiaries to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges and franchises franchises, patents, copyrights, trademarks and tradenames material to the conduct of its business; provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.03.

Appears in 1 contract

Samples: Credit Agreement (Central Garden & Pet Co)

Existence; Conduct of Business. The Company will, and will cause each of its 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 and the rights, licenses, permits, privileges and 59 franchises material to the conduct of its business; provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.03.

Appears in 1 contract

Samples: Credit Agreement (Photronics Inc)

Existence; Conduct of Business. The So long as there remains any outstanding principal amount under the Debentures, the Company will, and will cause each of its Subsidiaries to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges and franchises material to the conduct of its business; , provided that the foregoing shall not prohibit the Company from engaging in a Fundamental Transaction (as defined in the Debenture) or any mergersale, consolidationlease, liquidation transfer or dissolution other disposition permitted under by Section 6.036.1.

Appears in 1 contract

Samples: Subordinated Convertible Debenture Purchase Agreement (Bakers Footwear Group Inc)

Existence; Conduct of Business. The Company will, and ------------------------------- will cause each of its Subsidiaries to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges and franchises material to the conduct of its business; provided that the foregoing shall not prohibit -------- any merger, consolidation, liquidation or dissolution permitted under Section 6.036.04.

Appears in 1 contract

Samples: Credit Agreement (Unisource Worldwide Inc)

Existence; Conduct of Business. The Company will, ------------------------------- and will cause each of its Subsidiaries to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges and franchises material to the conduct of its business; provided that the foregoing shall not -------- prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.036.04.

Appears in 1 contract

Samples: Credit Agreement (Unisource Worldwide Inc)

Existence; Conduct of Business. The Company will, and will cause each of its Subsidiaries to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges privileges, franchises, patents, copyrights, trademarks and franchises trade names material to the conduct of its business; provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.03.

Appears in 1 contract

Samples: Credit Agreement (Georgia Gulf Corp /De/)

Existence; Conduct of Business. The Company will, and will cause each of its Subsidiaries to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges and franchises material to the conduct of its business; provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.03.. 39 33

Appears in 1 contract

Samples: Purchase Agreement (Ribozyme Pharmaceuticals Inc)

Existence; Conduct of Business. The Company will, and will cause each of its Subsidiaries to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges and franchises franchises, including but not limited to all trademarks, patents, service marks, trade names and copyrights material to the conduct of its business; provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.03.

Appears in 1 contract

Samples: Credit Agreement (Ikon Office Solutions Inc)

Existence; Conduct of Business. The Company will, and will cause each of its Subsidiaries to, do or cause to be done all things necessary to preserve, renew and keep maintain in full force and effect its legal existence and the its respective rights, licenses, permits, privileges privileges, franchises, patents, copyrights, trademarks and franchises trade names material to the conduct of its businessbusiness and will continue to engage in the same business as presently conducted or such other businesses that are reasonably related thereto; provided provided, that the foregoing nothing in this Section shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.038.3.

Appears in 1 contract

Samples: Letter of Credit Agreement (Bovie Medical Corp)

Existence; Conduct of Business. The Company will, and will cause each of its 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 and the rights, licenses, permits, privileges and franchises material to the conduct of its business; provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.036.04.

Appears in 1 contract

Samples: Credit Agreement (Convergys Corp)

Existence; Conduct of Business. The Company will, and ------------------------------ will cause each of its Subsidiaries to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges and franchises material to the conduct of its business; provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.037.03.

Appears in 1 contract

Samples: Credit Agreement (Griffon Corp)

Existence; Conduct of Business. The Company will, Each Obligor shall and will cause each all of its Subsidiaries to, to do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges and franchises material to the conduct of its businessbusiness except to the extent failure to maintain or preserve could not reasonably be expected to have a Material Adverse Effect; provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.03.

Appears in 1 contract

Samples: Credit Agreement (Stewart Information Services Corp)

Existence; Conduct of Business. The Company will, and will cause each of its Subsidiaries to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges and franchises material to the conduct of its business; provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.03a Fundamental Transaction approved by the Company's shareholders as and to the extent required by the Articles of Incorporation.

Appears in 1 contract

Samples: Registration Rights Agreement (Cardionet Inc)

Existence; Conduct of Business. The Company will, and will cause each of its Material Subsidiaries to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges and franchises material to the conduct of the business of the Company and its businessSubsidiaries, taken as a whole; provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.03.

Appears in 1 contract

Samples: Credit Agreement (Acnielsen Corp)

Existence; Conduct of Business. The Company will, and will cause each of its Subsidiaries to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges and franchises material to the conduct of the business of the Company and its businessSubsidiaries on a consolidated basis; provided that the foregoing shall [[NYCORP:3031108v4:4452W:11/27/07--08:05 p]] 57 not prohibit any merger, consolidation, liquidation liquidation, dissolution or dissolution sale of assets permitted under Section 6.03.

Appears in 1 contract

Samples: Credit Agreement (Yum Brands Inc)

Existence; Conduct of Business. The Company will, and will cause each of its Subsidiaries to, do or cause to be done all things necessary to preserve, renew and keep maintain in full force and effect its legal existence and the its respective rights, licenses, permits, privileges privileges, franchises, patents, copyrights, trademarks and franchises trade names material to the conduct of its business; provided business and will continue to engage in the same business as presently conducted or such other businesses that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.03are reasonably related thereto.

Appears in 1 contract

Samples: Letter of Credit Agreement (Arkansas Best Corp /De/)

Existence; Conduct of Business. The Company will, and will cause each of its Subsidiaries to, do or cause to be done all things reasonably necessary to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges privileges, franchises, patents, copyrights, trademarks and franchises trade names material to the conduct of its business; provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.036.04.

Appears in 1 contract

Samples: Credit Agreement (General Cable Corp /De/)

Existence; Conduct of Business. The Company will, and will cause each of its Subsidiaries to, do or cause to be done all things necessary to preserve, renew and keep maintain in full force and effect its legal existence and the its respective rights, licenses, permits, privileges privileges, franchises, patents, copyrights, trademarks and franchises trade names material to the conduct of its businessbusiness and will continue to engage in the same business as presently conducted or such other businesses that are reasonably related thereto; provided provided, that the foregoing nothing in this Section shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.035.2.

Appears in 1 contract

Samples: Credit Agreement (Bovie Medical Corp)

Existence; Conduct of Business. The Company will, and will cause each of its Subsidiaries to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges privileges, franchises, patents, copyrights, trademarks and franchises trade names material to the conduct of its business; provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.034.14.

Appears in 1 contract

Samples: Debt Registration Rights Agreement (Choice One Communications Inc)

Existence; Conduct of Business. The Company will, and will ------------------------------ cause each of its 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 and the rights, licenses, permits, privileges and franchises material to the conduct of its business; , provided -------- that the foregoing shall not prohibit any mergersale, consolidationlease, liquidation transfer or dissolution other disposition permitted under by Section 6.035.1.

Appears in 1 contract

Samples: Securities Purchase Agreement (Zoltek Companies Inc)

Existence; Conduct of Business. The Company Such Obligor will, and will cause each of its Subsidiaries to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges and franchises material to the conduct of its business in the ordinary course of business; provided that the foregoing shall not prohibit any merger, amalgamation, consolidation, liquidation or dissolution permitted under Section 6.039.03 .

Appears in 1 contract

Samples: Term Loan Agreement (T2 Biosystems, Inc.)

Existence; Conduct of Business. The Company will, and will ------------------------------ cause each of its Subsidiaries to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges and franchises material to the conduct of its business; provided that the foregoing shall not prohibit any merger, -------- consolidation, liquidation or dissolution permitted under Section 6.037.03.

Appears in 1 contract

Samples: Credit Agreement (Griffon Corp)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!