Common use of General Business Operations Clause in Contracts

General Business Operations. The Borrower and each of its Subsidiaries shall (a) preserve and maintain its existence and all of its rights, privileges and franchises reasonably necessary to the conduct of the business of the Borrower and its Subsidiaries (as a whole), provided that (i) the Borrower and its Subsidiaries may dissolve, liquidate or terminate the existence of any Subsidiary of the Borrower, other than the Borrower, possessing total assets of less than $50,000,000 or serving no continuing business purpose (each, an “Excluded Subsidiary”), in either case as determined by the board of directors of the Borrower or such Subsidiary in its good faith reasonable discretion, (ii) neither the Borrower nor any of its Subsidiaries shall be required to preserve any right or franchise if the board of directors of the Borrower or such Subsidiary shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Borrower or such Subsidiary, as the case may be, and that the loss thereof is not disadvantageous in any material respect to the Borrower and its Subsidiaries (taken as a whole) or the Lenders, and (iii) the foregoing shall not prohibit the consummation of any sale, transfer or disposition of assets otherwise permitted under Section 7.03 or any merger or consolidation otherwise permitted under Section 7.04, (b) conduct its business activities in compliance with all Requirements of Law and Contractual Obligations applicable to such Person, and (c) keep all property useful and necessary in its business in good working order and condition, ordinary wear and tear excepted; except, in the case of clauses (a) and (c), where any failure is not reasonably likely (alone or in the aggregate) to have a Material Adverse Effect.

General Business Operations. The Borrower Each of the Borrowers and each of its FIL’s Subsidiaries shall (a) preserve and maintain its existence and all of its rights, privileges and franchises reasonably necessary to the conduct of the business of the Borrower Company and its Subsidiaries (as a whole), provided that (i) the Borrower Company and its Subsidiaries may dissolve, liquidate or terminate the existence of any Subsidiary of the BorrowerCompany, other than the a Borrower, possessing total assets of less than $50,000,000 or serving no continuing business purpose (each, an “Excluded Subsidiary”), in either case as determined by the board of directors of the Borrower Company or such Subsidiary in its good faith reasonable discretion, (ii) neither the Borrower Company nor any of its Subsidiaries shall be required to preserve any right or franchise if the board of directors of the Borrower Company or such Subsidiary shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Borrower Company or such Subsidiary, as the case may be, and that the loss thereof is not disadvantageous in any material respect to the Borrower Company and its Subsidiaries (taken as a whole) or the Lenders, and (iii) the foregoing shall not prohibit the consummation of any sale, transfer or disposition of assets otherwise permitted under Section 7.03 or any merger or consolidation otherwise permitted under Section 7.04, (b) conduct its business activities in compliance with all Requirements of Law and Contractual Obligations applicable to such Person, and (c) keep all property useful and necessary in its business in good working order and condition, ordinary wear and tear excepted; except, in the case of clauses (a) and (c), where any failure is not reasonably likely (alone or in the aggregate) to have a Material Adverse Effect.

General Business Operations. The Borrower Each of the Borrowers and each of its the Company’s Subsidiaries shall (a) preserve and maintain its existence and all of its rights, privileges and franchises reasonably necessary to the conduct of the business of the Borrower Company and its Subsidiaries (as a whole), provided that provided, that, (i) the Borrower Company and its Subsidiaries may dissolve, liquidate or terminate the existence of any Subsidiary of the BorrowerCompany, other than the a Borrower, possessing total assets of less than $50,000,000 or serving no continuing business purpose (each, an “Excluded Subsidiary”), in either case as determined by the board of directors of the Borrower Company or such Subsidiary in its good faith reasonable discretion, (ii) neither the Borrower Company nor any of its Subsidiaries shall be required to preserve any right or franchise if the board of directors of the Borrower Company or such Subsidiary shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Borrower Company or such Subsidiary, as the case may be, and that the loss thereof is not disadvantageous in any material respect to the Borrower Company and its Subsidiaries (taken as a whole) or the Lenders, and (iii) the foregoing shall not prohibit the consummation of any sale, transfer or disposition of assets otherwise permitted under Section 7.03 or any merger or consolidation otherwise permitted under Section 7.04, (b) conduct its business activities in compliance with all Requirements of Law and Contractual Obligations applicable to such Person, and (c) keep all property useful and necessary in its business in good working order and condition, ordinary wear and tear excepted; except, in the case of clauses (a) and (c), where any failure is not reasonably likely (alone or in the aggregate) to have a Material Adverse Effect.

General Business Operations. The Borrower Each of the Borrowers and each of its FIL’s Subsidiaries shall (ai) preserve and maintain its existence and all of its rights, privileges and franchises reasonably necessary to the conduct of the business of the Borrower Company and its Subsidiaries (as a whole), provided that (ia) the Borrower Company and its Subsidiaries may dissolve, liquidate or terminate the existence of any Subsidiary of the BorrowerCompany, other than the a Borrower, possessing total assets of less than $50,000,000 or serving no continuing business purpose (each, an “Excluded Subsidiary”), in either case as determined by the board of directors of the Borrower Company or such Subsidiary in its good faith reasonable discretion, (iib) neither the Borrower Company nor any of its Subsidiaries shall be required to preserve any right or franchise if the board of directors of the Borrower Company or such Subsidiary shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Borrower Company or such Subsidiary, as the case may be, and that the loss thereof is not disadvantageous in any material respect to the Borrower Company and its Subsidiaries (taken as a whole) or the Lenders, and (iiic) the foregoing shall not prohibit the consummation of any sale, transfer or disposition of assets otherwise permitted under Section 7.03 or any merger or consolidation otherwise permitted under Section 7.04, (bii) conduct its business activities in compliance with all Requirements of Law and Contractual Obligations applicable to such Person, and (ciii) keep all property useful and necessary in its business in good working order and condition, ordinary wear and tear excepted; except, in the case of clauses (aii) and (ciii), where any failure is not reasonably likely (alone or in the aggregate) to have a Material Adverse Effect.

General Business Operations. The Borrower and each of its Subsidiaries shall (a) preserve and maintain its existence and all of its rights, privileges and franchises reasonably necessary to the conduct of the business of the Borrower and its Subsidiaries (as a whole), provided that (i) the Borrower and its Subsidiaries may dissolve, liquidate or terminate the existence of any Subsidiary of the Borrower, other than the Borrower, possessing total assets of less than $50,000,000 or serving no continuing business purpose (each, an “Excluded Subsidiary”), in either case as determined by the board of directors of the Borrower or such Subsidiary in its good faith reasonable discretion, (ii) neither the Borrower nor any of its Subsidiaries shall be required to preserve any right or franchise if the board of directors of the Borrower or such Subsidiary shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Borrower or such Subsidiary, as the case may be, and that the loss thereof is not disadvantageous in any material respect to the Borrower and its Subsidiaries (taken as a whole) or the Lenders, and (iii) the foregoing shall not prohibit the consummation of any sale, transfer or disposition of assets otherwise permitted under Section 7.03 or any merger or consolidation otherwise permitted under Section 7.04, (b) conduct its business activities in compliance with all Requirements of Law and Contractual Obligations applicable to such Person, and (c) keep all property useful and necessary in its business in good working order and condition, ordinary wear and tear excepted; except, in the case of clauses (a) and (c), where any failure is not reasonably likely (alone or in the aggregate) to have a Material Adverse Effect.56339040-2 67 49684497_9

General Business Operations. The Borrower Each of FIL and each of its Subsidiaries shall (ai) preserve and maintain its existence and all of its rights, privileges and franchises reasonably necessary to the conduct of the business of the Borrower Company and its Subsidiaries (as a whole), provided that (ia) the Borrower Company and its Subsidiaries may dissolve, liquidate or terminate the existence of any Subsidiary of the Borrower, other than the Borrower, Company possessing total assets of less than $50,000,000 or serving no continuing business purpose (each, an “Excluded Subsidiary”), in either case as determined by the board of directors of the Borrower Company or such Subsidiary in its good faith reasonable discretion, (iib) neither the Borrower Company nor any of its Subsidiaries shall be required to preserve any right or franchise if the board of directors of the Borrower Company or such Subsidiary shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Borrower Company or such Subsidiary, as the case may be, and that the loss thereof is not disadvantageous in any material respect to the Borrower Company and its Subsidiaries (taken as a whole) or the Lenders, and (iiic) the foregoing shall not prohibit the consummation of any sale, transfer or disposition of assets otherwise permitted under Section 7.03 or any merger or consolidation otherwise permitted under Section 7.04, (bii) conduct its business activities in compliance with all Requirements of Law and Contractual Obligations applicable to such Person, and (ciii) keep all property useful and necessary in its business in good working order and condition, ordinary wear and tear excepted; except, in the case of clauses (aii) and (ciii), where any failure is not reasonably likely (alone or in the aggregate) to have a Material Adverse Effect.