Common use of Existence; Conduct of Business Clause in Contracts

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 comply with its respective Organizational Documents, as applicable, and to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges, franchises, patents, copyrights, trademarks and 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 10 contracts

Samples: Credit Agreement (Wet Seal Inc), Credit Agreement (Wet Seal Inc), Loan Agreement (Act Teleconferencing Inc)

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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 comply with its respective Organizational Documentsobtain, as applicable, and to preserve, renew and keep in full force and effect its legal existence and and, except where the failure to do so could not reasonably be expected to have a Material Adverse Effect, the rights, licenses, permits, privileges, franchises, patents, copyrights, trademarks and 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 6.036.03 or other permitted disposition thereof under Section 6.04.

Appears in 8 contracts

Samples: Term Loan Agreement (Tyson Foods Inc), Credit Agreement (Tyson Foods Inc), 364 Day Bridge Term Loan Agreement (Tyson Foods Inc)

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 comply with its respective Organizational Documents, as applicableCharter Documents in all material respects, and to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges, franchises, patents, copyrights, trademarks and trade names material to the conduct of its business, provided except to the extent that the failure to do so would not reasonably be expected to have a Material Adverse Effect; provided, however, that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section SECTION 6.03.

Appears in 7 contracts

Samples: Credit Agreement (Toys R Us Inc), Credit Agreement (Toys R Us Inc), Credit Agreement (Toys R Us Inc)

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 comply with its respective Organizational Documents, as applicableCharter Documents in all material respects, and to obtain, preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges, franchises, patents, copyrights, trademarks and trade names material to the conduct of its business, provided except to the extent that the failure to do so would not reasonably be expected to have a Material Adverse Effect; provided, however, that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.03SECTION 6.03 or SECTION 6.05.

Appears in 7 contracts

Samples: Credit Agreement (Burlington Coat Factory Investments Holdings, Inc.), Credit Agreement (Burlington Coat Factory Investments Holdings, Inc.), Credit Agreement (Burlington Coat Factory Investments Holdings, Inc.)

Existence; Conduct of Business. Each Loan Party The Borrowers will, and will cause each of its Subsidiaries other Loan Party to, do or cause to be done all things necessary to comply with its respective Organizational Documents, as applicable, and to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges, franchises, patents, copyrights, trademarks privileges and trade names 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 6 contracts

Samples: Floor Plan First Lien Credit Agreement (Alta Equipment Group Inc.), Floor Plan First Lien Credit Agreement (Alta Equipment Group Inc.), Floor Plan First Lien Credit Agreement (Alta Equipment Group Inc.)

Existence; Conduct of Business. Each Loan Party will, and will cause each of its Material Subsidiaries to, do or cause to be done all things necessary to comply with its respective Organizational Documents, as applicable, and to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges, franchises, patents, copyrights, trademarks privileges and trade names 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 5 contracts

Samples: Credit Agreement (WMS Industries Inc /De/), Credit Agreement (Schweitzer Mauduit International Inc), Credit Agreement (WMS Industries Inc /De/)

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 comply with its respective Organizational Documents, as applicable, and to preserve, renew and keep in full force and effect its and its Subsidiaries’ legal existence and the rights, licenses, permits, privileges, franchises, patents, copyrights, trademarks and 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 4 contracts

Samples: Credit Agreement (Consolidated Communications Holdings, Inc.), Amendment Agreement (Consolidated Communications Holdings, Inc.), Credit Agreement (Consolidated Communications Holdings, Inc.)

Existence; Conduct of Business. Each Loan Party will, and will cause each of its Subsidiaries Subsidiary (except, with respect to Subsidiaries, as otherwise provided with under Section 6.03) to, do or cause to be done all things necessary to comply with its respective Organizational Documents, as applicable, and to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges, franchises, patents, copyrights, trademarks and 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 4 contracts

Samples: Credit Agreement (CSW Industrials, Inc.), Credit Agreement (CSW Industrials, Inc.), Credit Agreement (CSW Industrials, Inc.)

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 comply with its respective Organizational Documents, as applicable, and to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges, franchises, patents, copyrights, trademarks privileges and trade names franchises material to the conduct of its business, business except where the failure to do so in each case 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: Credit Agreement (Hiland Partners, LP), Credit Agreement (Hiland Partners, LP), Senior Secured Credit Agreement (Hiland Holdings GP, LP)

Existence; Conduct of Business. Each Loan Party will, and will cause each of its Subsidiaries to, do or cause to be done all things reasonably necessary to comply with its respective Organizational Documents, as applicable, and to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges, franchises, patents, copyrights, trademarks and 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 3 contracts

Samples: Credit Agreement (Ascena Retail Group, Inc.), Credit Agreement (Dress Barn Inc), Credit Agreement (Dress Barn Inc)

Existence; Conduct of Business. Each Loan Party will, and will cause each of its respective Subsidiaries to, do or cause to be done all things necessary to comply with its respective Organizational Documents, as applicable, and to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges, franchises, patents, copyrights, trademarks and trade names material to the conduct of its business, business unless 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: Credit Agreement (Seminis Inc), Credit Agreement (Seminis Inc), Credit Agreement (Seminis Inc)

Existence; Conduct of Business. Each Loan Party will, and will cause each of its Subsidiaries Subsidiary to, do or cause to be done all things necessary to comply with its respective Organizational Documents, as applicable, and to preserve, renew and keep in full force and effect its legal existence and the rights, qualifications, licenses, permits, privileges, franchises, patentsgovernmental authorizations, copyrightsintellectual property rights, trademarks licenses and trade names permits material to the conduct of its business; provided, 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 (Etsy Inc), Credit Agreement (Etsy Inc)

Existence; Conduct of Business. Each Loan Party willshall, and will shall cause each of its Subsidiaries to, do or cause to be done all things necessary to comply with its respective Organizational Documents, as applicable, and to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges, franchises, patents, copyrights, trademarks and trade names material to the conduct of the business of Borrower 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 2 contracts

Samples: Senior Subordinated Credit Agreement (Lifepoint Hospitals, Inc.), Credit Agreement (Lakers Holding Corp.)

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 comply with its respective Organizational Documents, as applicable, and to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges, franchises, patents, copyrights, trademarks privileges and trade names franchises material to the conduct of its business, ; provided that the foregoing forgoing shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.036.3.

Appears in 2 contracts

Samples: Credit Agreement (Carey W P & Co LLC), Credit Agreement (Carey W P & Co LLC)

Existence; Conduct of Business. Each Loan Party will, shall and will cause each all of its Subsidiaries to, to do or cause to be done all things necessary to comply with its respective Organizational Documents, as applicable, and to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges, franchises, patents, copyrights, trademarks privileges and trade names franchises material to the conduct of its business, business except to the extent failure to maintain or preserve could not reasonably be expected to have a Material Adverse Change; provided that the foregoing shall not prohibit any merger, consolidation, Division, liquidation or dissolution permitted under Section 6.03.9.3

Appears in 2 contracts

Samples: Credit Agreement (Stewart Information Services Corp), Credit Agreement (Stewart Information Services Corp)

Existence; Conduct of Business. Each Loan Party will, and will cause each of its respective Subsidiaries to, do or cause to be done all things reasonably necessary to comply with its respective Organizational Documents, as applicable, and to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges, franchises, patents, copyrights, trademarks and 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 2 contracts

Samples: Credit Agreement (Polymer Group Inc), Credit Agreement (Polymer Group Inc)

Existence; Conduct of Business. Each Loan Party will, and will cause each of its Subsidiaries to, shall do or cause to be done all things necessary to comply with its respective Organizational Documents, as applicable, and to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges, franchises, patents, copyrights, trademarks privileges and trade names franchises material to the conduct of its business, except to the extent such failure could not reasonably be expected to have a Material Adverse Effect; provided that the foregoing shall not prohibit any merger, consolidation, liquidation liquidation, dissolution or dissolution any discontinuance or sale of such business permitted under Section 6.03.7.04. 6.04

Appears in 2 contracts

Samples: Second Lien Credit Agreement (Ameresco, Inc.), Credit Agreement (Ameresco, Inc.)

Existence; Conduct of Business. Each Loan Party The Company will, and will cause each of its Subsidiaries other Loan Party to, do or cause to be done all things necessary to comply with its respective Organizational Documents, as applicable, and to preserve, renew and keep in full force and effect its legal existence and the rights, qualifications, licenses, permits, privileges, franchises, patents, copyrights, trademarks governmental authorizations and trade names 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 2 contracts

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

Existence; Conduct of Business. Each Loan Party will, and will cause each of its respective Subsidiaries to, do or cause to be done all things necessary to comply with its respective Organizational Documents, as applicable, and to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges, franchises, patents, copyrights, trademarks and 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 2 contracts

Samples: Credit Agreement (Intertape Woven Products Services S.A. De C.V.), Credit Agreement (Quintiles Transnational Corp)

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 comply with its respective Organizational Documents, as applicable, and to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges, franchises, patents, copyrights, trademarks privileges and trade names 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 (Griffon Corp), Credit Agreement (Griffon Corp)

Existence; Conduct of Business. Each Loan Party will, and will cause each of its Material Subsidiaries to, do or cause to be done take all things actions necessary to comply with its respective Organizational Documents, as applicable, and to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges, franchises, patents, copyrights, trademarks privileges and trade names franchises material to the conduct of its business, 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, liquidation or dissolution permitted under Section 6.036.02.

Appears in 2 contracts

Samples: Credit Agreement (KKR Real Estate Finance Trust Inc.), Credit Agreement (KKR & Co. L.P.)

Existence; Conduct of Business. Each Loan Party will, and will cause each of its Subsidiaries Subsidiary to, do or cause to be done all things reasonably necessary to comply with its respective Organizational Documents, as applicable, and to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges, franchises, patents, copyrights, trademarks and trade names material to the conduct of its business, ; provided that the foregoing shall not prohibit any merger, consolidation, liquidation liquidation, dissolution, disposition or dissolution other transaction permitted under Section 6.036.03 or 6.05.

Appears in 2 contracts

Samples: Credit Agreement (Ascena Retail Group, Inc.), Amendment and Restatement Agreement (Ascena Retail Group, Inc.)

Existence; Conduct of Business. Each Loan Party will, and will cause each of its Subsidiaries to, except as expressly set forth in the Merger Agreement, do or cause to be done all things necessary to comply with its respective Organizational Charter Documents, as applicable, and to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges, franchises, patents, copyrights, trademarks and trade names material to the conduct of its business; provided however, provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section SECTION 6.03.

Appears in 2 contracts

Samples: Credit Agreement (American Apparel, Inc), Credit Agreement (Endeavor Acquisition Corp.)

Existence; Conduct of Business. Each Loan Party will, and will cause each of its Subsidiaries subsidiaries to, do or cause to be done all things necessary to comply with its respective Organizational Documents, as applicable, and to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges, franchises, patents, copyrights, trademarks privileges and trade names franchises material to the conduct of its business, provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.037.3 or any sale, lease, transfer or other disposition permitted by Section 7.5.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Wellchoice Inc)

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 comply with its respective Organizational Documents, as applicable, and to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges, franchises, patents, copyrights, trademarks and 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 6.036.03 or any other transaction permitted hereunder.

Appears in 1 contract

Samples: Credit Agreement (Samsonite Corp/Fl)

Existence; Conduct of Business. Each Loan Party will, and each Subsidiary Applicant will cause each of its Subsidiaries to, do or cause to be done all things reasonably necessary to comply with its respective Organizational Documents, as applicable, and to preserve, renew preserve and keep in full force and effect its legal existence and the rights, licenses, permits, privileges, franchisesauthorizations, patents, copyrights, trademarks qualifications and trade names accreditations material to the conduct of its business, provided in each case if the failure to do so, individually or in the aggregate, could reasonably be expected to result in a Material Adverse Effect; provided, that the foregoing shall not prohibit any merger, consolidation, liquidation consolidation or dissolution permitted under Section 6.03other transaction.

Appears in 1 contract

Samples: Revolving Credit Agreement (Sunpower Corp)

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 comply with its respective Organizational Documents, as applicable, and to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges, franchises, patents, copyrights, trademarks privileges and trade names franchises material to the conduct of its business, ; provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.036.02Section 6.02 or the Restructuring Transactions.

Appears in 1 contract

Samples: Senior Secured Term Loan Facility (Moove Lubricants Holdings)

Existence; Conduct of Business. Each Loan Party will, and will cause each of its Subsidiaries Subsidiary to, do or cause to be done all things necessary to comply with its respective Organizational Documents, as applicable, and to preserve, renew and keep in full force and effect its legal existence and the rights, qualifications, licenses, permits, privileges, franchises, patentsgovernmental authorizations, copyrightsintellectual property rights, trademarks licenses and trade names 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 permitted under Section 6.03.

Appears in 1 contract

Samples: Credit Agreement (Cellu Tissue Holdings, Inc.)

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 comply with its respective Organizational Documents, as applicable, and to preserve, renew and keep maintain in full force and effect its legal existence and the its respective rights, licenses, permits, privileges, franchises, patents, copyrights, trademarks and 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 7.3 shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.039.3.

Appears in 1 contract

Samples: Guaranty and Credit Agreement (Macquarie Infrastructure CO LLC)

Existence; Conduct of Business. Each Loan Party will, and its subsidiaries will cause each of its Subsidiaries to, do or cause to be done all things necessary to comply with its respective Organizational Documents, as applicable, and to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges, franchises, patents, copyrights, trademarks privileges and trade names 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 (Photomedex Inc)

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 comply with its respective Organizational Documentsobtain, as applicable, and to preserve, renew and keep in full force and effect its legal existence and and, except where the failure to do so could not reasonably be expected to have a Material Adverse Effect, the rights, licenses, permits, privileges, franchises, patents, copyrights, trademarks and 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 (Tyson Foods Inc)

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 comply with its respective Organizational Documents, as applicable, and to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges, franchises, patents, copyrights, trademarks and 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 6.03.

Appears in 1 contract

Samples: Credit Agreement (Michael Kors Holdings LTD)

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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 necessary to comply with its respective Organizational Documents, as applicable, and to preserve, renew and keep in full force and effect its legal existence and the rights, qualifications, licenses, permits, privileges, franchises, patentsgovernmental authorizations, copyrightsintellectual property rights, trademarks licenses and trade names 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 permitted under Section 6.03.

Appears in 1 contract

Samples: Credit Agreement (Interline Brands, Inc./De)

Existence; Conduct of Business. Each Loan Party will, and will cause each of its Restricted Subsidiaries to, do or cause to be done all things necessary to comply with its respective Organizational Documents, as applicable, and to preserve, renew and keep in full force and effect its legal existence and the rights, qualifications, licenses, permits, privileges, franchises, patents, copyrights, trademarks governmental authorizations and trade names 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 1 contract

Samples: Credit Agreement (Exco Resources Inc)

Existence; Conduct of Business. Each Loan Party will, and will cause each of its Subsidiaries to, except as expressly set forth in the Merger Agreement, do or cause to be done all things necessary to comply with its respective Organizational Charter Documents, as applicable, and to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges, franchises, patents, copyrights, trademarks and trade names material to the conduct of its business; provided, provided however, that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section SECTION 6.03.

Appears in 1 contract

Samples: Credit Agreement (Endeavor Acquisition Corp.)

Existence; Conduct of Business. Each The Loan Party Parties will, and will cause each of its their Subsidiaries to, do or cause to be done all things necessary to comply with its respective Organizational Documents, as applicable, and to preserve, renew and keep maintain in full force and effect its legal existence and the its respective rights, licenses, permits, privileges, franchises, patents, copyrights, trademarks and trade names material to the conduct of its business, ; provided that the foregoing nothing in this Section shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.037.3.

Appears in 1 contract

Samples: Credit Agreement (GTY Technology Holdings Inc.)

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 comply with its respective Organizational Documents, as applicable, and to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges, franchises, patents, copyrights, trademarks privileges and trade names franchises material to the conduct of its business, provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.037.3 or any sale, lease, transfer or other disposition permitted by Section 7.5.

Appears in 1 contract

Samples: Credit Agreement (Arhaus, Inc.)

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 comply with its respective Organizational Documents, as applicable, and to preserve, renew and keep maintain in full force and effect its legal existence and the its respective rights, licenses, permits, privileges, franchises, patents, copyrights, trademarks and trade names names, in each case, that are, individually or in the aggregate, material to the conduct of its business, ; provided that the foregoing nothing in this Section 7.3 shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.039.3.

Appears in 1 contract

Samples: Credit Agreement (LMP Automotive Holdings, Inc.)

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 comply with its respective Organizational Documentscharter, 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 legal existence and the rights, licenses, permits, privileges, franchises, patents, copyrights, trademarks and 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: Debtor in Possession Credit Agreement (Lamonts Apparel Inc)

Existence; Conduct of Business. Each Loan Party will, and will cause each of its respective Subsidiaries to, do or cause to be done all things reasonably necessary to comply with its respective Organizational Documents, as applicable, and to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges, franchises, patents, copyrights, trademarks and trade names material to the conduct of its business, provided ; 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 (Polymer Group Inc)

Existence; Conduct of Business. Each Loan Party will, and will cause each of its Subsidiaries to, at all times, do or cause to be done all things necessary to comply with its respective Organizational Documents, as applicable, and to preserve, renew and keep in full force and effect (a) its legal existence and (b) except where the failure to do so could not reasonably be expected to have a Material Adverse Effect, the rights, licenses, permits, privileges, franchises, patents, copyrights, trademarks privileges and trade names franchises material to the conduct of its businessbusiness and maintain, provided that if necessary, its qualification to do business in each other jurisdiction in which its Properties are located or the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.03ownership of its Properties requires such qualification.

Appears in 1 contract

Samples: Senior Secured Term Loan Credit Agreement (Eos Energy Enterprises, Inc.)

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 comply with its respective Organizational Charter Documents, as applicable, and to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges, franchises, patents, copyrights, trademarks and 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 SECTION 6.03.

Appears in 1 contract

Samples: Credit Agreement (Longs Drug Stores Corp)

Existence; Conduct of Business. Each Loan Party will, and will cause each of its Subsidiaries to, do or cause to be done all things reasonably necessary to comply with its respective Organizational Documents, as applicable, and to preserve, renew preserve and keep in full force and effect its legal existence and the rights, licenses, permits, privileges, franchisesauthorizations, patents, copyrights, trademarks qualifications and trade names accreditations material to the conduct of its business, provided in each case if the failure to do so, individually or in the aggregate, could reasonably be expected to result in a Material Adverse Effect; provided, that the foregoing shall not prohibit any merger, consolidation, liquidation consolidation or dissolution permitted under Section 6.03other transaction.

Appears in 1 contract

Samples: Revolving Credit Agreement (Sunpower Corp)

Existence; Conduct of Business. Each The Loan Party Parties will, and will cause each of its their Subsidiaries to, do or cause to be done all things necessary to comply with its respective Organizational Documents, as applicable, and to preserve, renew and keep maintain in full force and effect its their legal existence and the their respective rights, licenses, permits, privileges, franchises, patents, copyrights, trademarks and trade names material to the conduct of its businesstheir business 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 6.037.3.

Appears in 1 contract

Samples: Credit Agreement (Issuer Direct Corp)

Existence; Conduct of Business. Each Loan Party will, and will cause each of its Subsidiaries Subsidiary to, do or cause to be done all things necessary to comply with its respective Organizational Documents, as applicable, and to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges, franchises, patents, copyrights, trademarks and 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 (Daisy Parts Inc)

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 comply with its respective Organizational Documents, as applicable, and to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges, franchises, patents, copyrights, trademarks privileges and trade names franchises material to the conduct of its businessbusiness and maintain, provided that if necessary, its qualification to do business in each other jurisdiction in which the foregoing shall ownership of its properties requires such qualification, except where the failure to so qualify could not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.03reasonably be expected to have a Material Adverse Change.

Appears in 1 contract

Samples: Debtor in Possession Loan Agreement (Seahawk Drilling, Inc.)

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 comply with its respective Organizational Documents, as applicable, and to preserve, renew and keep maintain in full force and effect its legal existence and and, except where the failure to do so could not reasonably be expected to have a Material Adverse Effect, its respective rights, licenses, permits, privileges, franchises, patents, copyrights, trademarks and trade names material to the conduct of its business, ; provided that the foregoing nothing in this Section 5.3 shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.037.3.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (HireQuest, Inc.)

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 comply with its respective Organizational Documents, as applicable, and to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges, franchises, patents, copyrights, trademarks and 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 (Crown Holdings Inc)

Existence; Conduct of Business. Each Such Loan Party will, and will cause each of its Subsidiaries to, do or cause to be done all things necessary to comply with its respective Organizational Documents, as applicable, and to preserve, renew and keep maintain in full force and effect its legal existence and the its respective rights, licenses, permits, privileges, franchises, patents, copyrights, trademarks and trade names material to the conduct of its business, ; provided that the foregoing nothing in this Section 5.3 shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.037.3.

Appears in 1 contract

Samples: Credit Agreement (Freds Inc)

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 comply with its respective Organizational Documents, as applicable, and to preserve, renew and keep in full force and effect (a) its legal existence and (b) except where the failure to do so could not reasonably be expected to have a Material Adverse Effect, the rights, licenses, permits, privileges, franchises, patents, copyrights, trademarks privileges and trade names franchises material to the conduct of its businessbusiness and maintain, provided that if necessary, its qualification to do business in each other jurisdiction in which its Properties are located or the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.03ownership of its Properties requires such qualification.

Appears in 1 contract

Samples: Senior Secured Term Loan Credit Agreement (Soundhound Ai, Inc.)

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 comply with its respective Organizational Documents, as applicable, and to preserve, renew and keep in full force and effect its and its Subsidiaries' (that are members of the Restricted Group) legal existence and the rights, licenses, permits, privileges, franchises, patents, copyrights, trademarks and 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 (Consolidated Communications Texas 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 comply with its respective Organizational Documents, as applicable, and to preserve, renew and keep in full force and effect its legal existence and and, except as could not reasonably be expected to result in a Material Adverse Effect, the rights, qualifications, licenses, permits, privileges, franchises, patentsgovernmental authorizations, copyrightsintellectual property rights, trademarks licenses and trade names permits material to the conduct of its business; provided, provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.03., and

Appears in 1 contract

Samples: Credit Agreement (Align Technology Inc)

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 comply with its respective Organizational Documents, as applicable, and to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges, franchises, patents, copyrights, trademarks and 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 (Crown Holdings Inc)

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