Common use of Existence, Etc Clause in Contracts

Existence, Etc. Except as permitted under subsection 7.7, Company will, and will cause each of its Subsidiaries to, at all times preserve and keep in full force and effect its existence in the jurisdiction of organization specified on Schedule 5.1 and all rights and franchises material to its business; provided, however that neither Company nor any of its Subsidiaries shall be required to preserve any such right or franchise if the Governing Body of Company or such Subsidiary shall determine that the preservation thereof is no longer desirable in the conduct of the business of Company or such Subsidiary, as the case may be, and that the loss thereof is not disadvantageous in any material respect to Company, such Subsidiary or Lenders.

Appears in 12 contracts

Samples: Credit Agreement (Ruths Chris Steak House, Inc.), Credit Agreement (Propex Fabrics Inc.), Credit Agreement (FTD Group, Inc.)

AutoNDA by SimpleDocs

Existence, Etc. Except as permitted under subsection 7.7, Company will, and will cause each of its Subsidiaries to, at all times preserve and keep in full force and effect its existence in the jurisdiction of organization specified on Schedule 5.1 and all rights and franchises material to its business; provided, however that neither Company nor any of its Subsidiaries shall be required to preserve any such right or franchise if the Governing Body of Company or such Subsidiary shall determine that the preservation thereof is no longer desirable in the conduct of the business of Company or such Subsidiary, as the case may be, and that the loss thereof is would not disadvantageous in any material respect to Company, such Subsidiary or Lendersthe aggregate have a Material Adverse Effect.

Appears in 5 contracts

Samples: Credit Agreement (Hexcel Corp /De/), Credit Agreement (Hexcel Corp /De/), Credit Agreement (Globe Specialty Metals Inc)

Existence, Etc. Except as permitted under subsection 7.7, Company will, and will cause each of its Subsidiaries to, at all times preserve and keep in full force and effect its existence in the jurisdiction of organization specified on Schedule 5.1 and all rights and franchises material to its business; provided, however that neither Company nor any of its Subsidiaries shall be required to preserve any such right or franchise if the Governing Body of Company or such Subsidiary shall determine that the preservation thereof is no longer desirable in the conduct of the business of Company or such Subsidiary, as the case may be, and that the loss thereof is would not disadvantageous in any material respect to Company, such Subsidiary or Lendersthe aggregate have a Material Adverse Effect.

Appears in 3 contracts

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

Existence, Etc. Except as permitted under by subsection 7.7, Company will, and will cause each of its Subsidiaries to, at all times preserve and keep in full force and effect its existence in the jurisdiction of organization specified on Schedule 5.1 (as supplemented by the Company from time to time) and all rights and franchises material to its business; provided, however that neither Company nor any of its Subsidiaries shall be required to preserve any such right or franchise if the Governing Body of Company or such Subsidiary shall determine that the preservation thereof is no longer desirable in the conduct of the business of Company or such Subsidiary, as the case may be, and that the loss thereof is not disadvantageous in any material respect to Company, such Subsidiary or Lenders.

Appears in 2 contracts

Samples: Credit Agreement (United Online Inc), Security Agreement (United Online Inc)

Existence, Etc. Except as permitted under subsection 7.7, Company will, and will cause each of its Subsidiaries to, at all times preserve and keep in full force and effect its existence in the jurisdiction of organization specified on Schedule 5.1 6 and all rights and franchises material to its business; provided, however that neither Company nor any of its Subsidiaries shall be required to preserve any such right or franchise if the Governing Body of Company or such Subsidiary shall determine that the preservation thereof is no longer desirable in the conduct of the business of Company or such Subsidiary, as the case may be, and that the loss thereof is not disadvantageous in any material respect to Company, such Subsidiary or Lenders.

Appears in 2 contracts

Samples: Credit Agreement, Credit Agreement

Existence, Etc. Except as permitted under subsection 7.7, Company will, and will cause each of its Significant Subsidiaries to, at all times preserve and keep in full force and effect its existence in the jurisdiction of organization specified set forth on Schedule 5.1 annexed hereto and all rights and franchises material to its business; provided, however however, that neither Company nor any of its Subsidiaries shall be required to preserve its existence or any such right or franchise if the Governing Body of Company or such Subsidiary shall determine that the preservation thereof is no longer desirable in the conduct of the business of Company or such Subsidiary, and its Subsidiaries taken as the case may be, a whole and that the loss thereof is not disadvantageous in any material respect to Company, such Subsidiary Company and its Subsidiaries taken as a whole or Lenders.

Appears in 2 contracts

Samples: Credit Agreement (Korn Ferry International), Credit Agreement (Korn Ferry International)

Existence, Etc. Except as permitted under subsection 7.77.6, each of Holdings and Company will, and will cause each of its Subsidiaries to, at all times preserve and keep in full force and effect its existence in the jurisdiction of organization specified on Schedule 5.1 and all rights and franchises material to its business; provided, however that neither Company nor any none of its the Subsidiaries of Holdings shall be required to preserve any such right or franchise if the Governing Body of Company or such Subsidiary shall determine that the preservation thereof is no longer desirable in the conduct of the business of Company or such Subsidiary, as the case may be, and that the loss thereof is not disadvantageous in any material respect to Company, such Subsidiary or Lenders.

Appears in 1 contract

Samples: Credit Agreement (Bare Escentuals Inc)

Existence, Etc. Except as permitted under subsection 7.7, Company and each Borrower will, and will cause each of its Subsidiaries to, at all times preserve and keep in full force and effect its existence in the jurisdiction of organization specified on Schedule 5.1 and all rights and franchises material to its business; provided, however that neither Company nor any of its Subsidiaries shall be required to preserve any such right or franchise if the Governing Body of Company or such Subsidiary shall determine that the preservation thereof is no longer desirable in the conduct of the business of Company or such Subsidiary, as the case may be, and that the loss thereof is not disadvantageous in any material respect to Company, such Subsidiary or Lenders.

Appears in 1 contract

Samples: Credit Agreement (Sybron Dental Specialties Inc)

Existence, Etc. Except as permitted under subsection 7.76.6, Company will, and will cause each of its Subsidiaries to, at all times preserve and keep in full force and effect its existence in the jurisdiction of organization specified on Schedule 5.1 4.1 and all rights and franchises material to its business; provided, however that neither Company nor any of its Subsidiaries shall be required to preserve the existence of any such Subsidiary or any such right or franchise if the Governing Body of Company or such Subsidiary shall determine that the preservation thereof is no longer desirable in the conduct of the business of Company or such Subsidiary, as the case may be, and that the loss thereof is could not disadvantageous in any material respect reasonably be expected to Company, such Subsidiary or Lendershave a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Hypercom Corp)

Existence, Etc. Except as permitted under subsection 7.7, Company will, and will cause each of its Active Subsidiaries to, at all times preserve and keep in full force and effect its existence in the jurisdiction of organization specified on Schedule 5.1 and all rights and franchises material to its business; provided, however however, that neither Company nor any of its Active Subsidiaries shall -------- ------- be required to preserve any such right or franchise if the Governing Body of Company or such Active Subsidiary shall determine that the preservation thereof is no longer desirable in the conduct of the business of Company or such Active Subsidiary, as the case may be, and that the loss thereof is not disadvantageous in any material respect to Company, such Active Subsidiary or Lenders.

Appears in 1 contract

Samples: Credit Agreement (Katy Industries Inc)

AutoNDA by SimpleDocs

Existence, Etc. Except as permitted under subsection 7.7, Company will, and will cause each of its Subsidiaries to, at all times preserve and keep in full force and effect its existence in the jurisdiction of organization specified on Schedule 5.1 and all rights and franchises material to its business; provided, however that 97 neither Company nor any of its Subsidiaries shall be required to preserve any such right or franchise if the Governing Body of Company or such Subsidiary shall determine that the preservation thereof is no longer desirable in the conduct of the business of Company or such Subsidiary, as the case may be, and that the loss thereof is would not disadvantageous in any material respect to Company, such Subsidiary or Lendersthe aggregate have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Ferroglobe PLC)

Existence, Etc. Except as permitted under subsection 7.7, Company will, and will cause each of its Significant Subsidiaries to, at all times preserve and keep in full force and effect its existence in the jurisdiction of organization specified on Schedule 5.1 and all rights and franchises material to its business; provided, however however, that neither Company nor any of its Significant Subsidiaries shall be required to preserve any such right or franchise if the Governing Body of Company or such Significant Subsidiary shall determine that the preservation thereof is no longer desirable in the conduct of the business of Company or such Significant Subsidiary, as the case may be, and that the loss thereof is not disadvantageous in any material respect to Company, such Significant Subsidiary or Lenders.

Appears in 1 contract

Samples: Credit Agreement (Sunrise Medical Inc)

Existence, Etc. Except as permitted under subsection 7.7, Company will, and will cause each of its Subsidiaries to, at all times preserve and keep in full force and effect its existence in the jurisdiction of organization specified on Schedule 5.1 and all rights and franchises material to its business; provided, however that neither Company nor any of its Subsidiaries shall be required to preserve any such right or franchise if the Governing Body of Company or such Subsidiary shall determine that the preservation thereof is no longer desirable in the conduct of the business of Company or such Subsidiary, as the case may be, and that the loss thereof is not disadvantageous in any material respect to Company, such Subsidiary or Lenders.. Ruths_Second Amended and Restated Credit Agreement (2)

Appears in 1 contract

Samples: Credit Agreement (Ruths Hospitality Group, Inc.)

Existence, Etc. Except as permitted under subsection 7.7, Company each Loan Party will, and will cause each of its Subsidiaries to, at all times preserve and keep in full force and effect its existence in the jurisdiction of organization specified on Schedule 5.1 and all rights and franchises material to its business; provided, however that neither Holdings, Company nor any of its Subsidiaries shall be required to preserve any such right or franchise if the Governing Body of Company or such Subsidiary shall determine that the preservation thereof is no longer desirable in the conduct of the business of Holdings, Company or such Subsidiary, as the case may be, and that the loss thereof is not disadvantageous in any material respect to Holdings, Company, such Subsidiary or Lenders.

Appears in 1 contract

Samples: Possession Credit Agreement (Propex Inc.)

Existence, Etc. Except as permitted under subsection 7.79.7, Company will, and will cause each of its Subsidiaries to, to at all times preserve and keep in full force and effect (i) its existence as a corporation in the jurisdiction of organization specified on Schedule 5.1 7.1, and (ii) all rights and franchises material to its business; provided, however provided that neither Company nor any of its Subsidiaries shall be required to preserve any such right or franchise if the Governing Body of Company or such Subsidiary shall determine that the preservation thereof is no longer desirable in the conduct of the business of Company or such Subsidiary, as the case may be, and that the loss thereof is not disadvantageous in any material respect to Company, such Subsidiary or Lenders.

Appears in 1 contract

Samples: Credit Agreement (Griffiths Pile Driving Inc)

Time is Money Join Law Insider Premium to draft better contracts faster.