Common use of Existence Clause in Contracts

Existence. Subject to Article 11, the Company shall do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence.

Appears in 623 contracts

Sources: Indenture (Zoetis Inc.), Indenture (Ur-Energy Inc), Indenture (Twenty One Capital, Inc.)

Existence. Subject to Article 118, the Company shall will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence.

Appears in 108 contracts

Sources: Indenture (Brookfield Asset Management Ltd.), Indenture (Umb Financial Corp), Indenture (Fat Brands, Inc)

Existence. Subject to Article 11Eight, the Company shall will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence.

Appears in 99 contracts

Sources: Indenture (TechnipFMC PLC), Indenture (Noble Holding International LTD), Indenture (Noble Holding International LTD)

Existence. Subject to Article ‎Article 11, the Company shall do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence.

Appears in 67 contracts

Sources: Indenture (AST SpaceMobile, Inc.), Indenture (Novavax Inc), Indenture (Euronet Worldwide, Inc.)

Existence. Subject to Article 116, the Company shall will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence.

Appears in 46 contracts

Sources: Indenture (Osi Systems Inc), Indenture (Nebius Group N.V.), Indenture (Nebius Group N.V.)

Existence. Subject to Article 1112, the Company shall will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence.

Appears in 39 contracts

Sources: Indenture (WEIBO Corp), Indenture (Sina Corp), Indenture (Northwest Biotherapeutics Inc)

Existence. Subject to Article 11, the Company shall will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence.

Appears in 34 contracts

Sources: Indenture (Hercules Capital, Inc.), Indenture (TPG Specialty Lending, Inc.), Indenture (Ares Capital Corp)

Existence. Subject to Article 11VIII, the Company shall will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate (or equivalent) existence.

Appears in 34 contracts

Sources: Indenture (AlphaTON Capital Corp), Indenture (EyePoint Pharmaceuticals, Inc.), Indenture (Verb Technology Company, Inc.)

Existence. Subject to Article 11XI, the Company shall do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence.

Appears in 33 contracts

Sources: Indenture (Baidu, Inc.), Indenture (Solaredge Technologies, Inc.), Indenture (iQIYI, Inc.)

Existence. Subject to Article 11Eight, the Company shall will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence.

Appears in 29 contracts

Sources: Subordinated Indenture (Assurant Inc), Indenture (Intuit Inc), Indenture (Axys Pharmecueticals Inc)

Existence. Subject to Except as otherwise permitted by Article 11V, the Company shall do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existenceexistence as a corporation or other Person.

Appears in 18 contracts

Sources: Indenture (Expedia Group, Inc.), Indenture (Expedia Group, Inc.), Indenture (Expedia Group, Inc.)

Existence. Subject to Article 11XII, the Company shall will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence.

Appears in 17 contracts

Sources: Indenture (Sandisk Corp), Indenture (Sandisk Corp), Indenture (Maverick Tube Corporation)

Existence. Subject to Article 11, the Company shall do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence. The Company shall promptly provide the Trustee with written notice of any change to its name, jurisdiction of incorporation or change to its corporate organization.

Appears in 16 contracts

Sources: Indenture (Alibaba Group Holding LTD), Indenture (MakeMyTrip LTD), Indenture (JD.com, Inc.)

Existence. Subject to Article 11V, the Company shall do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence.. This

Appears in 16 contracts

Sources: Indenture (Patterson Uti Energy Inc), Indenture (Patterson Uti Energy Inc), Indenture (Patterson Uti Energy Inc)

Existence. Subject to Article 1110, the Company shall will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence.

Appears in 16 contracts

Sources: Indenture (Liberty Media Corp), Indenture (Qiagen Nv), Indenture (Qiagen Nv)

Existence. Subject to Article 11Eight, the Company shall will do or cause to be done all things reasonably necessary to preserve and keep in full force and effect its corporate existence.

Appears in 13 contracts

Sources: Indenture (FISERV FUNDING UNLIMITED Co), Indenture (Hp Inc), Indenture (Hewlett Packard Enterprise Co)

Existence. Subject to Article 119, the Company shall will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existenceexistence and rights (charter and statutory); provided, however, that the Company shall not be required to preserve any such right if the Company shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company.

Appears in 11 contracts

Sources: First Supplemental Indenture (Digital Turbine Usa, Inc.), Indenture (Digital Turbine, Inc.), Indenture (Amyris, Inc.)

Existence. Subject to Article 1110, the Company shall do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence.

Appears in 9 contracts

Sources: Third Supplemental Indenture (Assertio Therapeutics, Inc), Third Supplemental Indenture (Assertio Therapeutics, Inc), First Supplemental Indenture (Depomed Inc)

Existence. Subject to Article 11VII, the Company shall will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence.

Appears in 8 contracts

Sources: Indenture (Keysight Technologies, Inc.), Indenture (Keysight Technologies, Inc.), Indenture (Keysight Technologies, Inc.)

Existence. Subject to Article 1110, the Company shall will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existenceexistence and rights (charter and statutory); provided, however, that the Company shall not be required to preserve any such right if the Company shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company.

Appears in 7 contracts

Sources: Indenture (Hc2 Holdings, Inc.), Indenture (Hc2 Holdings, Inc.), Convertible Note Purchase Agreement (Raptor Pharmaceutical Corp)

Existence. Subject to Article 11, the Company shall do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence.

Appears in 7 contracts

Sources: Indenture (Expedia Group, Inc.), Indenture (Arbor Realty Trust Inc), Indenture (Cantel Medical Corp)

Existence. Subject to Article 11Eight, the Company shall will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate legal existence.

Appears in 7 contracts

Sources: Senior Indenture (Reliant Energy Services New Mexico LLC), Indenture (Bergen Brunswig Corp), Indenture (Eg&g Inc)

Existence. Subject Except to the extent not prohibited by Article 11, the Company shall do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence.

Appears in 6 contracts

Sources: Indenture (Wright Medical Group N.V.), Indenture, Indenture (Wright Medical Group N.V.)

Existence. Subject to Article 11VIII, the Company shall will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence.

Appears in 6 contracts

Sources: Indenture (Northwest Biotherapeutics Inc), Indenture (Northwest Biotherapeutics Inc), Indenture Agreement (Castellum, Inc.)

Existence. Subject to Article 11IV, the Company shall do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence.

Appears in 6 contracts

Sources: Indenture (Southwestern Energy Co), Indenture (A.W. Realty Company, LLC), Indenture (Southwestern Energy Co)

Existence. Subject to Article 11, the The Company shall do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence.

Appears in 6 contracts

Sources: Convertible Note (Global Seed Corp), Convertible Note Purchase Agreement (Ctrip Com International LTD), Convertible Notes Purchase Agreement (Ctrip Com International LTD)

Existence. Subject to Article 11Eight, the Company shall do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence. Subject to Article Fourteen, the Guarantor shall do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence.

Appears in 5 contracts

Sources: Indenture (DH Europe Finance II S.a.r.l.), Indenture (DH Europe Finance II S.a.r.l.), Indenture (Danaher Corp /De/)

Existence. Subject to Article 117, the Company shall do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence.

Appears in 5 contracts

Sources: Convertible Notes Subscription Agreement (NIO Inc.), Convertible Notes Subscription Agreement (NIO Inc.), Convertible Note and Warrant Subscription Agreement (Secoo Holding LTD)

Existence. Subject to Article 1114, the Company shall will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence.

Appears in 5 contracts

Sources: Indenture (Commscope Inc), Indenture (Commscope Inc), Indenture (Conexant Systems Inc)

Existence. Subject to Article 1112, the Company shall do or cause to be done all things necessary to preserve perverse and keep in full force and effect its corporate existence.

Appears in 4 contracts

Sources: First Supplemental Indenture (Bit Digital, Inc), First Supplemental Indenture (Bitdeer Technologies Group), First Supplemental Indenture (Everbridge, Inc.)

Existence. Subject to Article 11, the The Company shall do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existenceexistence in accordance with its organizational documents; provided that this Section 11.04 shall not prohibit any transaction otherwise permitted by Article 10.

Appears in 3 contracts

Sources: Purchase Contract Agreement (Brookdale Senior Living Inc.), Purchase Contract Agreement (International Flavors & Fragrances Inc), Purchase Contract Agreement (Tyson Foods Inc)

Existence. Subject to Article 11, the Company shall do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existenceexistence and the corporate existence of any Significant Subsidiary.

Appears in 3 contracts

Sources: Indenture (Endologix Inc /De/), Indenture (Endologix Inc /De/), Indenture (Endologix Inc /De/)

Existence. Subject to Article 1112, the Company shall do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence.

Appears in 3 contracts

Sources: Indenture (Euronet Worldwide Inc), Indenture (Euronet Worldwide Inc), Indenture (Radioshack Corp)

Existence. Subject to Article 11, each of the Company and Iterum shall do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence.

Appears in 3 contracts

Sources: Indenture (Iterum Therapeutics PLC), Indenture (Iterum Therapeutics PLC), Indenture

Existence. Subject to Article 117, the Company shall will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence.

Appears in 3 contracts

Sources: Indenture (BOSTON OMAHA Corp), Indenture (BOSTON OMAHA Corp), Indenture (BOSTON OMAHA Corp)

Existence. Subject to Article 11, the Company shall do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existenceexistence and, subject to Article 16, the Company and the Guarantors shall do or cause to be done all things necessary to preserve and keep in full force and effect the corporate, partnership or other existence of the Guarantors.

Appears in 3 contracts

Sources: Indenture (Bloom Energy Corp), Indenture (Bloom Energy Corp), Indenture (Bloom Energy Corp)

Existence. Subject to Article 117, the Company shall will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence.

Appears in 2 contracts

Sources: Indenture (Oscar Health, Inc.), First Supplemental Indenture (Champion Enterprises Inc)

Existence. Subject to Article 11Eight, the Company shall will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existenceexistence as a limited liability company.

Appears in 2 contracts

Sources: Indenture (Noble Drilling Corp), Indenture (Noble Drilling Corp)

Existence. Subject to Article Section 11, the Company shall do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence. The Company shall promptly provide the Noteholders with written notice of any change to its name, jurisdiction of incorporation or change to its corporate organization.

Appears in 2 contracts

Sources: Convertible Note Purchase Agreement (Alibaba Group Holding LTD), Announcement

Existence. Subject to Article ‎Article 11, the Company shall do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence; provided that nothing in this Section 4.05 shall be construed as requiring the Company to maintain its corporate existence in any particular form, such as a corporation, partnership, limited liability company or similar entity.

Appears in 2 contracts

Sources: Indenture (Indie Semiconductor, Inc.), Indenture (Porch Group, Inc.)

Existence. Subject to Article 11Eight, the Company shall will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence.. This

Appears in 2 contracts

Sources: Indenture (Abraxas Petroleum Corp), Indenture (Abraxas Petroleum Corp)

Existence. Subject to Article 11V hereof, the Company shall do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence.

Appears in 2 contracts

Sources: Indenture (McDermott International Inc), Subordinated Indenture (McDermott International Inc)

Existence. Subject to Article 11VII, the Company shall will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence.

Appears in 2 contracts

Sources: First Supplemental Indenture (Encore Capital Group Inc), Indenture (L&c Spinco Inc)

Existence. Subject to Article 11Eight, the Company shall will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate legal existence.. ARTICLE ELEVEN

Appears in 2 contracts

Sources: Indenture (Bergen Brunswig Corp), Indenture (Bergen Brunswig Corp)

Existence. Subject to Article 119, the Company shall do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence.

Appears in 2 contracts

Sources: First Supplemental Indenture (Bottomline Technologies Inc /De/), First Supplemental Indenture (Stillwater Mining Co /De/)

Existence. Subject to Except as permitted by Section 7.01 or Article 11V of the Original Indenture, the Company shall will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence.

Appears in 2 contracts

Sources: Supplemental Indenture (Bristow Group Inc), Supplemental Indenture (Bristow Group Inc)

Existence. Subject to Article 11, the Company shall do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence; provided that nothing in this Section 4.05 shall be construed as requiring the Company to maintain its corporate existence in any particular form, such as a corporation, partnership, limited liability company or similar entity.

Appears in 2 contracts

Sources: Indenture (Porch Group, Inc.), Exchange and Subscription Agreement (Porch Group, Inc.)

Existence. Subject to Article 11ARTICLE EIGHT, the Company shall will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence.

Appears in 2 contracts

Sources: Indenture (Grey Wolf Inc), Indenture (Grey Wolf Inc)

Existence. Subject to Article 11Seven, the Company shall will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence.

Appears in 1 contract

Sources: Indenture (Baan Co N V)

Existence. Subject to Article 11Section 7, the Company shall do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence.

Appears in 1 contract

Sources: Convertible Note Purchase Agreement (Lotus Technology Inc.)

Existence. Subject to Article 11, the Company shall do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence. Subject to Section 13.04, the Parent shall do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence.

Appears in 1 contract

Sources: Indenture (Gamida Cell Ltd.)

Existence. Subject to Article 1113, the Company shall do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence.

Appears in 1 contract

Sources: Indenture (Senseonics Holdings, Inc.)

Existence. Subject to Article 1110, the Company shall will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existenceexistence and rights (charter and statutory).

Appears in 1 contract

Sources: Indenture (GLG Partners, Inc.)

Existence. Subject to Article 1112 hereof, the Company shall will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence.

Appears in 1 contract

Sources: Indenture (Ibasis Inc)

Existence. Subject to Article ARTICLE 11, the Company shall do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence.

Appears in 1 contract

Sources: Supplemental Indenture (NantHealth, Inc.)

Existence. Subject to Article ‎Article 11, the Company shall do or cause to be done all things necessary to preserve and keep in full force and effect its corporate legal existence; provided that nothing in this Section 4.05 shall be construed as requiring the Company to maintain its legal existence in any particular form, such as a corporation, partnership, limited liability company or similar entity.

Appears in 1 contract

Sources: Indenture (Indie Semiconductor, Inc.)

Existence. Subject to Article 11ARTICLE V hereof, the Company shall do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence.

Appears in 1 contract

Sources: Senior Indenture (Post Holdings, Inc.)

Existence. Subject to Article 1112, the Company shall will do or -- cause to be done all things necessary to preserve and keep in full force and effect its corporate existenceexistence and rights (charter and statutory); provided that the Company shall not be required to preserve any such right if the Company shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company.

Appears in 1 contract

Sources: Indenture (Axcelis Technologies Inc)

Existence. Subject to Article ‎‎Article 11, the Company shall do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence.

Appears in 1 contract

Sources: Indenture (Assertio Holdings, Inc.)

Existence. Subject to Article 11Eight, the Company shall will do or cause to be done all things reasonably necessary to preserve and keep in full force and effect its corporate or other existence.

Appears in 1 contract

Sources: Indenture (Kyndryl Holdings, Inc.)

Existence. Subject to Article 11, the Company shall do or cause to be done all things necessary to preserve and keep in full force and effect its corporate legal existence.

Appears in 1 contract

Sources: Indenture (Centrus Energy Corp)

Existence. Subject to Article 11, the Company shall will do or cause to be done all things necessary to preserve and keep in full force and effect affect its corporate existence.

Appears in 1 contract

Sources: Indenture (Altra Holdings, Inc.)

Existence. Subject to Article 11, the Company shall do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence.. 30

Appears in 1 contract

Sources: Indenture (Pacific Biosciences of California, Inc.)

Existence. Subject to Article 11, the Company shall do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence.. The Company shall promptly provide the Trustee with written notice of any change to its name, jurisdiction of incorporation or change to its corporate organization. ​

Appears in 1 contract

Sources: Indenture (21Vianet Group, Inc.)

Existence. Subject to Article 11, the Company shall do or cause to be done done, at its own cost and expense, all things necessary to preserve and keep in full force and effect its corporate existenceexistence in accordance with the organizational documents (as the same may be amended from time to time) of the Company.

Appears in 1 contract

Sources: Indenture (890 5th Avenue Partners, Inc.)

Existence. Subject to Article 11Eight, the Company shall will do or cause to be done all things necessary to preserve and keep in full force and effect its and their corporate existence.

Appears in 1 contract

Sources: Indenture (TPG Nv)

Existence. Subject to Except in compliance with Article 11, the Company shall do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence.

Appears in 1 contract

Sources: Indenture (Gran Tierra Energy Inc.)