Common use of Existence, Qualification, Etc Clause in Contracts

Existence, Qualification, Etc. Except as otherwise expressly permitted under Section 8.7, do or cause to be done all things necessary to preserve and keep in full force and effect its existence and all material rights and franchises, and maintain its license or qualification to do business as a foreign corporation and good standing in each jurisdiction in which its ownership or lease of property or the nature of its business makes such license or qualification necessary;

Appears in 6 contracts

Samples: Credit Agreement (Aircastle LTD), Credit Agreement (Aircastle LTD), Credit Agreement (Aircastle LTD)

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Existence, Qualification, Etc. Except as otherwise expressly permitted under Section 8.7, do Do or cause to be done all things necessary to preserve and keep in full force and effect its existence and all material rights and franchises, trade names, trademarks and permits and maintain its license or qualification to do business as a foreign corporation and good standing in each jurisdiction in which its ownership or lease of property or the nature of its business makes such license or qualification necessary;necessary except where the failure to so qualify would not have a Material Adverse Effect.

Appears in 4 contracts

Samples: Revolving Credit Agreement (Crown Crafts Inc), Revolving Credit Agreement (Crown Crafts Inc), Revolving Credit Agreement (Crown Crafts Inc)

Existence, Qualification, Etc. Except as otherwise expressly permitted under Section 8.78.8, do or cause to be done all things necessary to preserve and keep in full force and effect its existence and all material rights and franchises, and maintain its license or qualification to do business as a foreign corporation and good standing in each jurisdiction in which its ownership or lease of property or the nature of its business makes such license or qualification necessary;

Appears in 4 contracts

Samples: Credit Agreement (Unicapital Corp), Pledge and Security Agreement (Unicapital Corp), Credit Agreement (Saratoga Beverage Group Inc)

Existence, Qualification, Etc. Except as otherwise expressly permitted under Section 8.78.4, do or cause to be done all things necessary to preserve and keep in full force and effect its existence and all material rights and franchises, and maintain its license or qualification to do business as a foreign corporation and good standing in each jurisdiction in which its ownership or lease of property or the nature of its business makes such license or qualification necessary;.

Appears in 4 contracts

Samples: Credit Agreement (Healthsouth Corp), Term Credit Agreement (Healthsouth Corp), Bridge Credit Agreement (Healthsouth Corp)

Existence, Qualification, Etc. Except as otherwise expressly permitted under Section 8.79.7, do or cause to be done all things necessary to preserve and keep in full force and effect its existence and all material rights and franchises, and maintain its license or qualification to do business as a foreign corporation and good standing in each jurisdiction in which its ownership or lease of property or the nature of its business makes such license or qualification necessary;failure to do so would have a Material Adverse Effect.

Appears in 3 contracts

Samples: Credit Agreement (Aircastle LTD), Credit Agreement (Aircastle LTD), Credit Agreement (Aircastle LTD)

Existence, Qualification, Etc. Except as otherwise expressly permitted under Section 8.77.04 or 7.05, do or cause to be done all things necessary to preserve and keep in full force and effect its existence and all material rights and franchisesfranchises (except where the failure to do so would not have a Material Adverse Effect), and maintain its license or qualification to do business as a foreign corporation and good standing in each jurisdiction in which its ownership or lease of property or the nature of its business makes such license or qualification necessary;necessary except where the failure to so qualify would not have a Material Adverse Effect.

Appears in 3 contracts

Samples: Credit Agreement (Health Management Associates Inc), Security Agreement (Health Management Associates Inc), Security Agreement (Health Management Associates Inc)

Existence, Qualification, Etc. Except as otherwise expressly permitted under Section 8.710.8, do or cause to be done all things necessary to preserve and keep in full force and effect its existence and all material rights and franchises, and maintain its license or qualification to do business as a foreign corporation and good standing in each jurisdiction in which its ownership or lease of property or the nature of its business makes such license or qualification necessary;necessary except where the failure to so qualify could not reasonably be likely to have a Material Adverse Effect.

Appears in 2 contracts

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

Existence, Qualification, Etc. Except as otherwise expressly permitted under Section 8.79.7, do or cause to be done all things necessary to preserve and keep in full force and effect its existence and all material rights and franchises, and maintain its license or qualification to do business as a foreign corporation and good standing in each jurisdiction in which its ownership or lease of property or the nature of its business makes such license or qualification necessary;failure to do so would have a Material Adverse Effect. 8.4.

Appears in 2 contracts

Samples: Credit Agreement (Aircastle LTD), Credit Agreement (Aircastle LTD)

Existence, Qualification, Etc. Except as otherwise expressly permitted under Section 8.710.8, do or cause to be done all things necessary to preserve and keep in full force and effect its existence and all material rights and franchises, and maintain its license or qualification to do business as a foreign corporation and good standing in each jurisdiction in which its ownership or lease of property or the nature of its business makes such license or qualification necessary;necessary except where the failure to so qualify would not have a Material Adverse Effect.

Appears in 2 contracts

Samples: Credit Agreement (Insteel Industries Inc), Credit Agreement (Cone Mills Corp)

Existence, Qualification, Etc. Except as otherwise expressly permitted under Section 8.79.8, do or cause to be done all things necessary to preserve and keep in full force and effect its existence and all material rights and franchises, and maintain its license or qualification to do business as a foreign corporation and good standing in each jurisdiction in which its ownership or lease of property or the nature of its business makes such license or qualification necessarynecessary and the failure to do so would have a Material Adverse Effect;

Appears in 2 contracts

Samples: Credit Agreement (Sheridan Healthcare Inc), Credit Agreement (Sheridan Healthcare Inc)

Existence, Qualification, Etc. Except as otherwise expressly permitted under Section 8.710.05 hereof, do or cause to be done all things necessary to preserve and keep in full force and effect its existence and all material rights and franchises, trade names, trademarks and permits and maintain its license or qualification to do business as a foreign corporation and good standing in each jurisdiction in which its ownership or lease of property or the nature of its business makes such license or qualification necessary;necessary and in which the failure to maintain such license or qualification could reasonably be expected to result in a Material Adverse Effect.

Appears in 2 contracts

Samples: Credit Agreement (American Greetings Corp), Credit Agreement (American Greetings Corp)

Existence, Qualification, Etc. Except as otherwise expressly permitted under Section 8.710.8, do or cause to be done all things necessary to preserve and keep in full force and effect its existence and all material rights and franchises, and maintain its license or qualification to do business as a foreign corporation and good standing in each jurisdiction in which its ownership or lease of property or the nature of its business makes such license or qualification necessarynecessary except where the failure to so qualify would not have a Material Adverse Effect;

Appears in 2 contracts

Samples: Credit Agreement (CentraCore Properties Trust), Credit Agreement (Correctional Properties Trust)

Existence, Qualification, Etc. Except as otherwise expressly permitted under Section 8.710.7, do or cause to be done all things necessary to preserve and keep in full force and effect its existence and all material rights and franchises, and maintain its license or qualification to do business as a foreign corporation and good standing in each jurisdiction in which its ownership or lease of property or the nature of its business makes such license or qualification necessary;necessary except where the failure to so qualify would not have a Material Adverse Effect.

Appears in 2 contracts

Samples: Credit Agreement (Covenant Transport Inc), Credit Agreement (Covenant Transport Inc)

Existence, Qualification, Etc. Except as otherwise expressly permitted under Section 8.78.8, do or cause to be done all things necessary to preserve and keep in full force and effect its existence and all material rights and franchises, and maintain its license or qualification to do business as a foreign corporation and good standing in each jurisdiction in which its ownership or lease of property or the nature of its business makes such license or qualification necessary;its

Appears in 1 contract

Samples: Credit Agreement (Sykes Healthplan Services Inc)

Existence, Qualification, Etc. Except as otherwise expressly permitted under Section 8.7, do Do or cause to be done all things necessary to preserve and keep in full force and effect its existence and all material rights and franchises, trade names, trademarks and permits and maintain its license or qualification to do business as a foreign corporation and good standing in each jurisdiction in which its ownership or lease of property or the nature of its business makes such license or qualification necessary;, except, in case other than existence, to the extent that the failure to do so would not have a Material Adverse Effect; provided that the foregoing shall not prevent any action or transaction permitted by Section 9.04, 9.07 or 9.10; 43

Appears in 1 contract

Samples: Credit and Reimbursement Agreement (Willcox & Gibbs Inc)

Existence, Qualification, Etc. Except as otherwise expressly permitted under Section 8.79.8, do or cause to be done all things necessary to preserve and keep in full force and effect its existence and all material rights and franchises, and and, except to the extent conveyed in connection with a transaction permitted under Section 9.6 hereof, maintain its license or qualification to do business as a foreign corporation and good standing in each jurisdiction in which its ownership or lease of property or the nature of its business makes such license or qualification necessary;

Appears in 1 contract

Samples: Credit Agreement (Wackenhut Corrections Corp)

Existence, Qualification, Etc. Except as otherwise expressly permitted under Section 8.732(c)(viii), do or cause to be done all things necessary to preserve and keep in full force and effect its existence and all material rights and franchises, and maintain its license or qualification to do business as a foreign corporation and good standing in each jurisdiction in which its ownership or lease of property or the nature of its business makes such license or qualification necessary;, except where the failure to so qualify would not have a Material Adverse Effect.

Appears in 1 contract

Samples: Master Lease (Cone Mills Corp)

Existence, Qualification, Etc. Except as otherwise expressly permitted under Section 8.7, do or cause to be done all things necessary to preserve and keep in full force and effect its existence and all material rights and franchises, and maintain its license or qualification to do business as a foreign corporation and good standing in each jurisdiction in which its ownership or lease of property or the nature of its business makes such license or qualification necessarynecessary except where the failure to so qualify would not have a Material Adverse Effect;

Appears in 1 contract

Samples: Stock Pledge Agreement (Cultural Access Worldwide Inc)

Existence, Qualification, Etc. Except as otherwise expressly ----------------------------- permitted under Section 8.710.8, do or cause to be done all things necessary to ------------ preserve and keep in full force and effect its existence and all material rights and franchises, and maintain its license or qualification to do business as a foreign corporation and good standing in each jurisdiction in which its ownership or lease of property or the nature of its business makes such license or qualification necessary;necessary except where the failure to so qualify would not have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Cone Mills Corp)

Existence, Qualification, Etc. Except as otherwise expressly permitted under Section 8.77.07, do or cause to be done all things necessary to preserve and keep in full force and effect its existence and all material rights and franchises, and maintain its license or qualification to do business as a foreign corporation and good standing in each jurisdiction in which its ownership or lease of property or the nature of its business makes such license or qualification necessary;necessary except where the failure to so qualify would not have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Covenant Transport Inc)

Existence, Qualification, Etc. Except as otherwise expressly permitted under Section 8.710.7, do or cause to be done all things necessary to preserve and keep in full force and effect its existence and all material rights and franchises, and maintain its license or qualification to do business as a foreign corporation and good standing in each jurisdiction in which its ownership or lease of property or the nature of its business makes such license or qualification necessary;.

Appears in 1 contract

Samples: Credit Agreement (Pepsiamericas Inc)

Existence, Qualification, Etc. Except as otherwise expressly permitted under Section 8.79.7, do or cause to be done all things necessary to preserve and keep in full force and effect its existence and all material rights and franchises, and and, except to the extent conveyed in connection with a transaction permitted under Section 9.5 hereof, maintain its license or qualification to do business as a foreign corporation and good standing in each jurisdiction in which its ownership or lease of property or the nature of its business makes such license or qualification necessary;

Appears in 1 contract

Samples: Credit Agreement (Breed Technologies Inc)

Existence, Qualification, Etc. Except as otherwise expressly permitted under Section 8.79.8, do or cause to be done all things necessary to preserve and keep in full force and effect its existence and all material rights and franchises, and maintain its license or qualification to do business as a foreign corporation and good standing in each jurisdiction in which its ownership or lease of property or the nature of its business makes such license or qualification necessarynecessary except where the failure to so qualify would not have a Material Adverse Effect;

Appears in 1 contract

Samples: Term Loan Agreement (River Oaks Furniture Inc)

Existence, Qualification, Etc. Except as otherwise expressly ----------------------------- permitted under Section 8.79.8, do or cause to be done all things necessary to ----------- preserve and keep in full force and effect its existence and all material rights and franchises, and maintain its license or qualification to do business as a foreign corporation and good standing in each jurisdiction in which its ownership or lease of property or the nature of its business makes such license or qualification necessarynecessary except where the failure to do so would not have a Material Adverse Effect;

Appears in 1 contract

Samples: Credit Agreement (Roper Industries Inc /De/)

Existence, Qualification, Etc. Except as otherwise expressly permitted under Section 8.77.07, do or cause to be done all things necessary to preserve and keep in full force and effect its existence and all material rights and franchisesfranchises (except where the failure to do so would not have a Material Adverse Effect), and maintain its license or qualification to do business as a foreign corporation and good standing in each jurisdiction in which its ownership or lease of property or the nature of its business makes such license or qualification necessary;necessary except where the failure to so qualify would not have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Health Management Associates Inc)

Existence, Qualification, Etc. Except as otherwise expressly permitted under Section 8.710.8, do or cause to be done all things necessary to preserve and keep in full force and effect its existence and all material rights and franchises, and maintain its license or qualification to do business as a foreign corporation and good standing in each jurisdiction in which its ownership or lease of property or the nature of its business makes such license or qualification necessary;, except where the failure to maintain such rights, franchises or foreign license or qualification would not reasonably be expected to result in a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Consoltex Usa Inc)

Existence, Qualification, Etc. Except as otherwise expressly permitted under Section 8.7Sections 10.6 and 10.8, do or cause to be done all things necessary to preserve and keep in full force and effect its existence and all material rights rights, franchises and franchiseslicenses, and maintain all licenses and qualifications to do business in any jurisdiction in which it operates to the extent required to so operate, and maintain its license or qualification to do business as a foreign corporation and good standing in each jurisdiction in which its ownership or lease of property or the nature of its business makes such license or qualification good standing necessary;.

Appears in 1 contract

Samples: Credit Agreement (Stewart Enterprises Inc)

Existence, Qualification, Etc. Except as otherwise expressly permitted under Section 8.79.7, do or cause to be done all things necessary to preserve and keep in full force and effect its existence and all material rights and franchises, and maintain its license or qualification to do business as a foreign corporation and good standing in each jurisdiction where the failure to be so licensed or qualified would have a Material Adverse Effect and in which its ownership or lease of property or the nature of its business makes such license or qualification necessary;.

Appears in 1 contract

Samples: Credit Agreement (Headway Corporate Resources Inc)

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Existence, Qualification, Etc. Except as otherwise expressly permitted under Section 8.79.7, do or cause to be done all things necessary to preserve and keep in full force and effect its existence and all material rights and franchises, and maintain its license or qualification to do business as a foreign corporation and good standing in each jurisdiction in which its ownership or lease of property or the nature of its business makes such license or qualification necessaryfailure to do so could reasonably be expected to have a Material Adverse Effect;

Appears in 1 contract

Samples: Credit Agreement (Unicapital Corp)

Existence, Qualification, Etc. Except as otherwise expressly permitted under Section 8.710.7, do or cause to be done all things necessary to preserve and keep in full force and effect its existence and all material rights and franchises, and maintain its license or qualification to do business as a foreign corporation and good standing in each jurisdiction in which its ownership or lease of property or the nature of its business makes such license or qualification necessary;, except where the failure to so qualify would not have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Walter Industries Inc /New/)

Existence, Qualification, Etc. Except as otherwise expressly permitted under Section 8.710(e), do or cause to be done all things necessary to preserve and keep in full force and effect its existence and all material rights and franchises, and maintain its license or qualification to do business as a foreign corporation and good standing in each jurisdiction in which its ownership or lease of property or the nature of its business makes such license or qualification necessaryfailure to so maintain would have a Material Adverse Effect;

Appears in 1 contract

Samples: Parent Guarantor Guaranty Agreement (Aircastle LTD)

Existence, Qualification, Etc. Except as otherwise expressly ----------------------------- permitted under Section 8.79.7, do or cause to be done all things necessary to preserve and keep in full force and effect its existence and all material rights and franchises, and maintain its license or qualification to do business as a foreign corporation and good standing in each jurisdiction in which its ownership or lease of property or the nature of its business makes such license or qualification necessary;necessary except where the failure to so qualify would not have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Health Management Associates Inc)

Existence, Qualification, Etc. Except as otherwise expressly permitted under Section 8.77.4, do or cause to be done all things necessary to preserve and keep in full force and effect its existence and all material rights and franchises, and maintain its license or qualification to do business as a foreign corporation and good standing in each jurisdiction in which its ownership or lease of property or the nature of its business makes such license or qualification necessary;.

Appears in 1 contract

Samples: Term Credit Agreement (Healthsouth Corp)

Existence, Qualification, Etc. Except as otherwise expressly permitted under Section 8.79.8, do or cause to be done all things necessary to preserve and keep in full force and effect its existence and all material rights and franchises, and maintain its license or qualification to do business as a foreign corporation and good standing in each jurisdiction where the failure to be so licensed or qualified would have a Material Adverse Effect and in which its ownership or lease of property or the nature of its business makes such license or qualification necessary;.

Appears in 1 contract

Samples: Credit Agreement (Headway Corporate Resources Inc)

Existence, Qualification, Etc. Except as otherwise expressly permitted under Section 8.79.7, do or cause to be done all things necessary to preserve and keep in full force and effect its existence and all material rights and franchises, and maintain its license or qualification to do business as a foreign corporation and good standing in each jurisdiction in which its ownership or lease of property or the nature of its business makes failure to maintain such license or qualification necessary;would have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Lincare Holdings Inc)

Existence, Qualification, Etc. Except as otherwise expressly permitted under Section 8.79.7, do or cause to be done all things necessary to preserve and keep in full force and effect its existence and all material rights and franchises, and maintain its license or qualification to do business as a foreign corporation and good standing in each jurisdiction in which its ownership or lease of property or the nature of its business makes such license or qualification necessaryfailure to do so would have a Material Adverse Effect;

Appears in 1 contract

Samples: Credit Agreement (Aircastle LTD)

Existence, Qualification, Etc. Except as otherwise expressly permitted under Section 8.7Sections 8.5 and 8.7 hereof, do or cause to be done all things necessary to preserve and keep in full force and effect its existence and all material rights and franchises, and maintain its license or qualification to do business as a foreign corporation and good standing in each jurisdiction in which its ownership or lease of property or the nature of its business makes such license or qualification necessarynecessary except where the failure to so preserve and keep or maintain the same or to so qualify could not reasonably be expected to have a Material Adverse Effect;

Appears in 1 contract

Samples: Guaranty Agreement (Data General Corp)

Existence, Qualification, Etc. Except as otherwise expressly permitted under Section 8.7, do or cause to be done all things necessary to preserve and keep in full force and effect its existence and all material rights and franchises, and and, except to the extent conveyed in connection with a transaction permitted hereunder, maintain its license or qualification to do business as a foreign corporation and good standing in each jurisdiction in which its ownership or lease of property or the nature of its business makes such license or qualification necessary;necessary and in which the failure to have such licenses or qualifications could reasonably be expected to have a Material Adverse Effect.”

Appears in 1 contract

Samples: Credit Agreement (Miller Industries Inc /Tn/)

Existence, Qualification, Etc. Except as otherwise expressly permitted under Section 8.79.7 and Section 9.12, do or cause to be done all things necessary to preserve and keep in full force and effect its existence and all material rights and franchises, and maintain its license or qualification to do business as a foreign corporation and good standing in each jurisdiction in which its ownership or lease of property or the nature of its business makes failure to maintain such license or qualification necessary;would have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Catalina Marketing Corp/De)

Existence, Qualification, Etc. Except as otherwise expressly permitted under Section 8.79.7, do or cause to be done all things necessary to preserve and keep in full force and effect its existence and all material rights and franchises, and maintain its license or qualification to do business as a foreign corporation and good standing in each jurisdiction jurisdiction, in each case in which its ownership or lease of property or the nature of its business makes such license or qualification necessaryfailure to do so could reasonably be expected to have a Material Adverse Effect;

Appears in 1 contract

Samples: Credit Agreement (Seacastle Inc.)

Existence, Qualification, Etc. Except as otherwise expressly permitted under Section 8.78.8, do or cause to be done all things necessary to preserve and keep in full force and effect its existence and all material rights and franchises, and and, except to the extent conveyed in connection with a transaction permitted under Section 8.6 hereof, maintain its license or qualification to do business as a foreign corporation and good standing in each jurisdiction in which its ownership or lease of property or the nature of its business makes such license or qualification necessary;

Appears in 1 contract

Samples: Credit Agreement (Wackenhut Corrections Corp)

Existence, Qualification, Etc. Except as otherwise expressly permitted under Section 8.79.7, do or cause to be done all things necessary to preserve and keep in full force and effect its existence and all material rights and franchises, and maintain its license or qualification to do business as a foreign corporation and good standing in each jurisdiction in which its ownership or lease of property or the nature of its business makes such license or qualification necessary;necessary except where the failure to so qualify would not have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Kellwood Co)

Existence, Qualification, Etc. Except as otherwise expressly ----------------------------- permitted under Section 8.710.7, do or cause to be done all things necessary ------------ to preserve and keep in full force and effect its existence and all material rights and franchises, and maintain its license or qualification to do business as a foreign corporation and good standing in each jurisdiction in which its ownership or lease of property or the nature of its business makes such license or qualification necessary, except where the failure to so qualify would not have a Material Adverse Effect;

Appears in 1 contract

Samples: Credit Agreement (Walter Industries Inc /New/)

Existence, Qualification, Etc. Except as otherwise expressly permitted under Section 8.79.8, do or cause to be done all things necessary to preserve and keep in full force and effect its existence and all material rights and franchises, and maintain its license or qualification to do business as a foreign corporation and good standing in each jurisdiction in which its ownership or lease of property or the nature of its business makes such license or qualification necessary;.

Appears in 1 contract

Samples: Credit Agreement (Gerald Stevens Inc/)

Existence, Qualification, Etc. Except as otherwise expressly permitted under Section 8.79.8, do or cause to be done all things necessary to preserve and keep in full force and effect its existence and all material rights and franchises, and maintain its license or qualification to do business as a foreign corporation and good standing in each jurisdiction in which its ownership or lease of property or the nature of its business makes such license or qualification necessary;necessary except where the failure to so qualify would not have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Rexall Sundown Inc)

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