Existence. Subject to Article VIII, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its existence, rights (charter and statutory), and franchises; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors shall determine that its preservation is no longer desirable in the conduct of the business of the Company and that its loss is not disadvantageous in any material respect to the Holders.
Appears in 50 contracts
Samples: Indenture (Valley National Bancorp), Indenture (Valley National Bancorp), Indenture (Abacus Life, Inc.)
Existence. Subject to Article VIIIVII, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its existence, rights (charter and statutory), ) and franchises; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors Company shall determine that its the preservation thereof is no longer desirable in the conduct of the business of the Company and that its the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 35 contracts
Samples: Indenture (Hewitt Associates Inc), Indenture (Chiron Corp), Indenture (Bea Systems Inc)
Existence. Subject to Article VIII, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its existence, rights (charter and statutory), ) and franchises; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors it shall determine that its the preservation thereof is no longer desirable in the conduct of the business of the Company and that its loss is not disadvantageous in any material respect to the HoldersCompany.
Appears in 29 contracts
Samples: Subordinated Indenture (Pioneer Energy Services Corp), Indenture (Pioneer Energy Services Corp), Indenture (DCP Midstream Partners, LP)
Existence. Subject to Article VIII, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its existence, rights (charter and statutory), ) and franchises; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors shall determine that its the preservation thereof is no longer desirable in the conduct of the business of the Company and that its the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 28 contracts
Samples: Indenture (Alberto-Culver CO), Indenture (Alberto-Culver CO), Indenture (Interoil Corp)
Existence. Subject to Article VIII, the Company will shall do or cause to be done all things necessary to preserve and keep in full force and effect its existence, rights (charter and statutory), ) and franchises; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors of the Company shall determine that its the preservation thereof is no longer desirable in the conduct of the business of the Company and that its the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 10 contracts
Samples: Indenture (Vector Group LTD), First Supplemental Indenture (Nanogen Inc), Indenture (Vector Group LTD)
Existence. Subject to Article VIII, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its existence, rights (charter and statutory), ) and franchises; providedPROVIDED, howeverHOWEVER, that the Company shall not be required to preserve any such right or franchise if the Board of Directors shall determine that its the preservation thereof is no longer desirable in the conduct of the business of the Company and that its the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 9 contracts
Samples: Indenture (International Paper Co /New/), Indenture (Mercury Finance Co), Indenture (St Paul Companies Inc /Mn/)
Existence. Subject to Article VIIIVIII hereof, the Company will shall do or cause to be done all things necessary to preserve and keep in full force and effect its existence, rights (charter and statutory), ) and franchises; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors of the Company shall determine that its the preservation thereof is no longer desirable in the conduct of the business of the Company and that its the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 5 contracts
Samples: Indenture (Jaguar Mining Inc), Indenture (Biovail Corp International), Indenture (Biovail Corp International)
Existence. Subject to Article VIII, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, all material rights (charter by certificate of incorporation, bylaws and statutory), statute) and material franchises; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors shall determine that its the preservation thereof is no longer desirable in the conduct of the business of the Company and that its loss is not disadvantageous in any material respect to the HoldersCompany.
Appears in 5 contracts
Samples: Indenture (Terra Capital Group), Indenture (Summit Securities Inc /Id/), Indenture (Franchise Finance Corp of America)
Existence. Subject to Article VIII, the Company will shall do or cause to be done all things necessary to preserve and keep in full force and effect its existence, rights (charter and statutory), ) and franchises; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors shall determine that its the preservation thereof is no longer desirable in the conduct of the business of the Company and that its the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 5 contracts
Samples: Indenture (United Parcel Service Inc), Indenture (Human Genome Sciences Inc), Indenture (United Parcel Service Inc)
Existence. Subject to Article VIIIVII, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its existence, rights (charter and statutory), ) and franchises; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors Company shall determine that its the preservation thereof is no longer desirable in the conduct of the business of the Company and its Subsidiaries, taken as a whole, and that its the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 4 contracts
Samples: Indenture (Alesco Financial Inc), Indenture (Privatebancorp, Inc), Indenture (Oil States International Inc)
Existence. Subject to Article VIII, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, all material rights (charter by certificate of incorporation, by-laws and statutory), statute) and material franchises; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors shall determine that its the preservation thereof is no longer desirable in the conduct of the business of the Company and that its loss is not disadvantageous in any material respect to the HoldersCompany.
Appears in 4 contracts
Samples: Indenture (National Retail Properties, Inc.), Indenture (Commercial Net Lease Realty Inc), Indenture (Commercial Net Lease Realty Inc)
Existence. Subject to Article VIIIIX, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its existence, rights (charter and statutory), ) and franchises; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors shall determine that its the preservation thereof is no longer desirable in the conduct of the business of the Company and that its the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 4 contracts
Samples: Supplemental Indenture (Tosco Corp), Indenture (Viatel Inc), Indenture (McKesson Corp)
Existence. Subject to Article VIIIXII, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its existence, rights (charter and statutory), ) and franchises; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors shall determine that its the preservation thereof is no longer desirable in the conduct of the business of the Company and that its the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 3 contracts
Samples: Indenture (Insignia Financing I), Indenture (Qualicomm Financial Trust I), Exchange Agreement (Insignia Financial Group Inc /De/)
Existence. Subject to Article VIII, the Company will do or cause to be done all things necessary within its power to preserve and keep in full force and effect its existence, rights (charter and statutory), ) and franchisesfranchises of the Company and its Subsidiaries; provided, however, provided that the Company shall not be required to preserve any such existence (except of the Company) right or franchise if the Board of Directors of the Company in good faith shall determine that its the preservation thereof is no longer desirable in the conduct of the business of the Company and that its the loss thereof is not disadvantageous in any material respect to the Holdersholders.
Appears in 3 contracts
Samples: Indenture (Stena Ab), Indenture (Stena Ab), Indenture (Stena Ab)
Existence. Subject to Article VIII, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its existence, rights (charter and statutory), ) and franchises; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors Company shall determine that its the preservation thereof is no longer desirable in the conduct of the business of the Company and that its the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 2 contracts
Samples: Indenture (Sun Healthcare Group Inc), Indenture (Sun Healthcare Group Inc)
Existence. Subject to Article VIII, the The Company will shall do or cause to be done all things necessary to preserve and keep in full force and effect its existence, rights (charter and statutory), ) and franchises; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors shall determine that its preservation thereof is no longer desirable in the conduct of the business of the Company and that its Restricted Subsidiaries, taken as a whole, and the loss thereof is not disadvantageous in any material respect materially adverse to the HoldersHolders of the Securities; provided, further, that this Section 10.04 does not prohibit any transaction permitted by Section 10.14 or Article VIII.
Appears in 2 contracts
Samples: Indenture (Texas Unwired), Indenture (Texas Unwired)
Existence. Subject to Article VIII, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its existence, material rights (charter and statutory), and material franchises; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors Company shall determine that its preservation is no longer desirable in the conduct of the business of the Company and that its loss is not disadvantageous in any material respect to the HoldersCompany.
Appears in 2 contracts
Samples: Indenture (LegacyTexas Financial Group, Inc.), Indenture (LegacyTexas Financial Group, Inc.)
Existence. Subject to Article VIII, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its the existence, rights (charter and statutory), ) and franchisesfranchises of the Company; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors it shall determine that its the preservation thereof is no longer desirable in the conduct of the business of the Company and that its the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 2 contracts
Samples: Subordinated Indenture (California Resources Real Estate Ventures, LLC), Subordinated Indenture (California Resources Production Corp)
Existence. Subject to Article VIII, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its existence, rights (charter and statutory), ) and franchises; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors shall determine determines that its the preservation thereof is no longer desirable in the conduct of the business of the Company and that its the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 2 contracts
Samples: Indenture (Advanced Energy Industries Inc), Indenture (Advanced Energy Industries Inc)
Existence. Subject to Article VIIIVII, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its existence, rights (charter and statutory), ) and franchises; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors shall determine that its the preservation thereof is no longer desirable in the conduct of the business of the Company and that its the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 2 contracts
Samples: Indenture (Newmont Usa LTD), Indenture (Medarex Inc)
Existence. Subject to Article VIII, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its existence, rights (charter and statutory), ) and franchises; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors shall determine that its the preservation thereof is no longer desirable in the conduct of the business of the Company and that its the loss thereof is not and is not reasonably likely to be disadvantageous in any material respect to the Holders.
Appears in 2 contracts
Samples: Indenture (Comerica Inc /New/), Indenture Agreement (Star Banc Corp /Oh/)
Existence. Subject to Article VIII, the Company will shall do or cause to be done all things necessary to preserve and keep in full force and effect its existence, rights (charter and statutory), ) and franchises; providedPROVIDED, howeverHOWEVER, that the Company shall not be required to preserve any such right or franchise if the Board of Directors shall determine that its the preservation thereof is no longer desirable in the conduct of the business of the Company and that its the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 2 contracts
Samples: Indenture (Affymetrix Inc), Indenture (Affymetrix Inc)
Existence. Subject to Article VIIIXIII, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, rights (charter and statutory), ) and franchises; provided, however, that the Company shall not be required to preserve any such right or franchise franchise, if the Board of Directors shall determine that its the preservation thereof is no longer desirable in the conduct of the business of the Company and that its the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 2 contracts
Samples: Indenture (Boss Investment LLC), Indenture (Building One Services Corp)
Existence. Subject to Article VIIIVII, the Company will shall do or cause to be done all things necessary to preserve and keep in full force and effect its existence, rights (charter and statutory), ) and franchises; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors shall determine that its the preservation thereof is no longer desirable in the conduct of the business of the Company and that its loss is not disadvantageous in any material respect to the HoldersCompany.
Appears in 2 contracts
Samples: Indenture (Integrated Electrical Services Inc), Purchase Agreement (Integrated Electrical Services Inc)
Existence. Subject to Article VIII, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its existence, rights (charter and statutory), ) and franchises; providedPROVIDED, howeverHOWEVER, that the Company shall not be required to preserve any such right or franchise if the Board of Directors shall determine that its the preservation thereof is no longer desirable in the conduct of the business of the Company and that its loss is not disadvantageous in any material respect to the Holders.39
Appears in 2 contracts
Samples: Indenture (Toro Co), Indenture (Toro Co)
Existence. Subject to Article VIII, the The Company will shall do or cause to be done all things necessary to preserve and keep in full force and effect its existence, rights (charter and statutory), ) and franchises; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors shall determine that its preservation thereof is no longer desirable in the conduct of the business of the Company and that its Restricted Subsidiaries, taken as a whole, and the loss thereof is not disadvantageous in any material respect materially adverse to the HoldersHolders of the Securities; provided further, that this Section 10.04 does not prohibit any transaction permitted by Section 10.14 or Article VIII.
Appears in 2 contracts
Samples: Indenture (Rural Cellular Corp), Indenture (Rural Cellular Corp)
Existence. Subject to Article VIII, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its existence, rights (charter and statutory), ) and franchises; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors it shall determine that its the preservation thereof is no longer desirable in the conduct of the business of the Company and that its loss is the preservation of such rights or franchise would not disadvantageous in any reasonably be expected to have a material respect to adverse effect on the Holderspayment and performance of the Company under the terms of the Securities or this Indenture.
Appears in 2 contracts
Samples: Indenture (Te Products Pipeline Co Lp), Indenture (Te Products Pipeline Co Lp)
Existence. Subject to Article VIIIVII, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its existence, rights (charter and statutory), ) and franchises; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors shall determine that its preservation is no longer desirable in the conduct of the business of the Company and that its loss is not disadvantageous in any material respect to the Holders.if
Appears in 1 contract
Samples: Indenture (Critical Path Inc)
Existence. Subject to Article VIII, the Company will ---------- do or cause to be done all things necessary to preserve and keep in full force and effect its existence, rights (charter and statutory), ) and franchises; provided, however, that the -------- ------- Company shall not be required to preserve any such right or franchise if the Board of Directors shall determine that its the preservation thereof is no longer desirable in the conduct of the business of the Company and that its the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 1 contract
Samples: Indenture (Xerox Corp)
Existence. Subject to Article VIII, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its existence, the corporate existence and material rights (charter and statutory), ) of the Company and franchisesits Principal Subsidiary Banks; provided, however, that the Company shall not be required to, or to cause any such Principal Subsidiary Bank to, preserve any such right or franchise if the Board of Directors shall determine that its the preservation thereof is no longer desirable in the conduct of the business of the Company and that its the loss thereof is not disadvantageous in any material respect respects to the Holders.
Appears in 1 contract
Existence. Subject to Article VIII, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its existence, rights (charter and statutory), ) and franchises; provided, however, that the -------- ------- Company shall not be required to preserve any such right or franchise if the Board of Directors shall determine that its the preservation thereof is no longer desirable in the conduct of the business of the Company and that its the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 1 contract
Samples: Indenture (Case Credit Corp)
Existence. Subject to Article VIII, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its existence, rights (charter and statutory), ) and franchisesfranchises and those of each of its Significant Subsidiaries; provided, however, that the Company shall not be required to preserve any such right or franchise if the its Board of Directors shall determine that its the preservation thereof is no longer desirable in the conduct of the business of the Company or the business of any Subsidiary and that its the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 1 contract
Existence. Subject to Article VIIIIX, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its existence, rights (charter and statutory), ) and franchises; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors Trustees shall determine that its the preservation thereof is no longer desirable in the conduct of the business of the Company and that its the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 1 contract
Samples: Indenture (Capital Trust)
Existence. Subject to Article VIIIVIII and the other Sections of this Article X, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its the existence, rights (charter and statutory), ) and franchisesfranchises of the Company; provided, however, provided that the Company shall not be required to preserve any such right or franchise if the Board of Directors of the Company in good faith shall determine that its the preservation thereof is no longer desirable in the conduct of the business of the Company and that its the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 1 contract
Samples: Senior Subordinated Indenture (Symons International Group Inc)
Existence. Subject to Article VIII, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its existence, corporate existence and the rights (charter and statutory), ) and franchisesfranchises of the Company; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors shall determine that its the preservation thereof is no longer desirable in the conduct of the business of the Company and that its the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 1 contract
Samples: Indenture (M&t Bank Corp)
Existence. Subject to Article VIIIIX, the Company will company shall do or cause to be done all things necessary to preserve and keep in full force and effect its existence, rights (charter and statutory), ) and franchises; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors of the Company shall determine that its the preservation thereof is no longer desirable in the conduct of the business of the Company and that its loss is not disadvantageous in any material respect to the HoldersCompany.
Appears in 1 contract
Existence. Subject to Article VIII, the Company will ---------- do or cause to be done all things necessary to preserve and keep in full force and effect its existence, rights (charter and statutory), ) and franchises; provided, however, that the Company shall not be required to preserve any such -------- ------- right or franchise if the Board of Directors of the Company shall determine that its the preservation thereof is no longer desirable in the conduct of the business of the Company and that the loss thereof would not be reasonably expected to have a material adverse effect on the Company's ability to perform its loss is not disadvantageous in any material respect to obligations hereunder or under the HoldersNotes.
Appears in 1 contract
Samples: Indenture (Afc Enterprises Inc)
Existence. Subject to Article VIIIVII, the Company will do or cause to --------- be done all things necessary to preserve and keep in full force and effect its existence, rights (charter and statutory), ) and franchises; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors Company shall determine that its the preservation thereof is no longer desirable in the conduct of the business of the Company and that its the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 1 contract
Existence. Subject to Article VIII, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its existence, rights (charter and statutory), ) and material franchises; provided, however, that the Company shall not be required to -------- ------- preserve any such right or franchise if the Board of Directors in good faith shall determine that its the preservation thereof is no longer desirable in the conduct of the business of the Company and that its the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 1 contract
Samples: Indenture (Fox Kids Worldwide Inc)
Existence. Subject to Article VIII, the Company will --------- do or cause to be done all things necessary to preserve and keep in full force and effect its existence, rights (charter and statutory), ) and franchisesfranchises and those of each of its Subsidiaries; provided, however, that the Company shall not -------- ------- be required to preserve any such right or franchise if the its Board of Directors shall determine that its the preservation thereof is no longer desirable in the conduct of the business of the Company or the business of any Subsidiary and that its the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 1 contract
Existence. Subject to Article VIII, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its existence, rights (charter and statutory), ) and franchises; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors of the Company shall determine that its the preservation thereof is no longer desirable in the conduct of the business of the Company and that its the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 1 contract
Samples: Indenture (Commscope Inc)
Existence. Subject to Article VIIIIX, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its existence, rights (charter and statutory), ) and franchises; providedPROVIDED, howeverHOWEVER, that the Company shall will not be required to preserve any such right or franchise if the Board of Directors shall determine determines that its the preservation thereof is no longer desirable in the conduct of the business of the Company and that its the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 1 contract
Samples: Indenture (Ecolab Inc)
Existence. Subject to Article VIII, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its existence, rights (charter and statutory)) and franchises and the existence, rights (charter and franchisesstatutory) and franchises of each Significant Subsidiary; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors shall determine that its the preservation thereof is no longer desirable in the conduct of the business of the Company and that its the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 1 contract
Samples: Indenture (Avatar Holdings Inc)
Existence. Subject to Article VIII, the Company will shall do --------- or cause to be done all things necessary to preserve and keep in full force and effect its existence, rights (charter and statutory), ) and franchises; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors shall determine that its the preservation thereof is no longer desirable in the conduct of the business of the Company and that its the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 1 contract
Existence. Subject to Article VIII, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its existence, rights (charter and statutory), and ) franchises; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors shall determine that its the preservation thereof is no longer desirable in the conduct of the business of the Company and that its the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 1 contract
Samples: Indenture (Nalco Energy Services Equatorial Guinea LLC)
Existence. Subject to Article VIIIXII, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its existence, rights (charter and statutory), ) and franchises; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors (in its reasonable judgment) shall determine that its the preservation thereof is no longer desirable in the conduct of the business of the Company and that its the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 1 contract
Samples: Indenture (Wabash National Corp /De)
Existence. Subject to Article VIII, the Company will ---------- do or cause to be done all things necessary to preserve and keep in full force and effect its existence, rights (charter and statutory), ) and franchises; provided, however, that the Company shall not be required to preserve any such -------- ------- right or franchise if the Board of Directors shall determine that its the preservation thereof is no longer desirable in the conduct of the business of the Company and that its the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 1 contract
Existence. Subject to Article VIIIXII, the Company will do or --------- cause to be done all things necessary to preserve and keep in full force and effect its existence, rights (charter and statutory), ) and franchises; provided, -------- however, that the Company shall not be required to preserve any such right or ------- franchise if the Board of Directors Company shall determine that its the preservation thereof is no longer desirable in the conduct of the business of the Company and that its the loss thereof is not disadvantageous in any material respect to the Holdersholders.
Appears in 1 contract
Existence. Subject to Article VIII, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its existence, rights (charter and statutory), ) and franchises; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors Trustees shall determine that its the preservation thereof is no longer desirable in the conduct of the business of the Company and that its the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 1 contract
Samples: Indenture (Kranzco Realty Trust)
Existence. Subject to Article VIIIVII, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its existence, rights (charter and statutory), ) and franchises; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors Company shall determine that its the preservation thereof is no longer desirable in the conduct of the business of the Company and that its loss is not disadvantageous in any material respect to the HoldersCompany.
Appears in 1 contract
Samples: Indenture (Redback Networks Inc)
Existence. Subject to Article VIII, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its existence, rights (charter and statutory), ) and material franchises; provided, however, that -------- ------- the Company shall not be required to preserve any such right or franchise if the Board of Directors in good faith shall determine that its the preservation thereof is no longer desirable in the conduct of the business of the Company and that its the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 1 contract
Samples: Indenture (Fox Kids Worldwide Inc)
Existence. Subject to Article VIIIVII, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence, rights (charter and statutory), ) and franchises; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors Company shall determine that its the preservation thereof is no longer desirable in the conduct of the business of the Company and that its the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 1 contract
Existence. Subject to Article VIII, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its existence, rights (charter and statutory), ) and franchises; provided, however, that the -------- ------- Company shall not be required to preserve any such right or franchise if the Board of Directors shall determine that its the preservation thereof is no longer desirable in the conduct of the business of the Company and that its the loss thereof is not and is not reasonably likely to be disadvantageous in any material respect to the Holders.
Appears in 1 contract
Existence. Subject to Article VIIIXII, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its existence, rights (charter and statutory), ) and franchises; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors it shall determine that its the preservation thereof is no longer desirable in the conduct of the business of the Company and that its the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 1 contract
Samples: Indenture (HNC Software Inc/De)
Existence. Subject to Article VIIIVIII and Section 10.9, the Company will shall do or cause to be done all things necessary to preserve and keep in full force and effect its and its Subsidiaries' existence, rights (charter and statutory), ) and franchises; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors shall determine that its the preservation thereof is no longer desirable in the conduct of the business of the Company and that its the loss thereof is not disadvantageous in any material respect to the Holders.
Appears in 1 contract
Existence. Subject to Article VIII, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its existence, rights (charter and statutory), ) and franchises; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors it shall determine that its the preservation thereof is no longer desirable in the conduct of the business of the Company; provided, further, however, statutory conversion by the Company and that shall not be deemed to have affected its loss is not disadvantageous in any material respect to the Holdersexistence.
Appears in 1 contract
Samples: Indenture (Rex Energy I, LLC)
Existence. Subject to Article VIII, the Company will do or cause to be done all the things necessary to preserve and keep in full force and effect its existence, rights (charter and statutory), ) and franchises; provided, however, that the Company shall not be required to preserve any such right or franchise if the Board of Directors it shall determine that its the preservation thereof is no longer desirable in the conduct of the business of the Company and that its loss is not disadvantageous in any material respect to the HoldersCompany.
Appears in 1 contract
Samples: Junior Convertible Subordinated Indenture (American Classic Voyages Co)