Legal Existence; Maintenance of Properties. Each Loan Party will do or cause to be done all things necessary to preserve and keep in full force and effect its legal existence, rights and franchises and those of its respective Subsidiaries and will not, and will not cause or permit any of its respective Subsidiaries to, without providing the Administrative Agent with at least ten (10) Business Days written notice and the Administrative Agent having filed all necessary Uniform Commercial Code financing statements and taking such other actions in order to maintain the perfection of its Liens in all relevant jurisdictions, convert to a limited liability company or a limited liability partnership. Each Loan Party (i) will use commercially reasonable efforts to cause all of its properties and those of its respective Subsidiaries used or useful in the conduct of their business or the business of its respective Subsidiaries to be maintained and kept in good condition, repair and working order (reasonable wear and tear excepted) and supplied with all necessary equipment, (ii) will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the relevant Loan Party may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times, and (iii) will, and will cause each of its respective Subsidiaries to, continue to engage primarily in the businesses now conducted by them and in related businesses; provided that nothing in this §8.6 shall prevent either of the Loan Parties from discontinuing the operation and maintenance of any of any of their properties or any of those of their respective Subsidiaries if such discontinuance is, in the judgment of such Loan Party, desirable in the conduct of their or such respective Subsidiary’s business and that do not in the aggregate have a Material Adverse Effect.
Appears in 6 contracts
Samples: Revolving Credit Agreement (CAI International, Inc.), Term Loan Agreement (CAI International, Inc.), Revolving Credit Agreement (CAI International, Inc.)
Legal Existence; Maintenance of Properties. Each Loan Party Borrower will do or cause to be done all things necessary to preserve and keep in full force and effect its legal existence, rights and franchises and those of its respective Subsidiaries and will not, and will not cause or permit any of its respective Subsidiaries to, without providing the Administrative Agent with at least ten (10) Business Days written notice and the Administrative Agent having filed all necessary Uniform Commercial Code financing statements and taking such other actions in order to maintain the perfection of its Liens in all relevant jurisdictions, convert to a limited liability company or a limited liability partnership. Each Loan Party Borrower (i) will use commercially reasonable efforts to cause all of its properties and those of its respective Subsidiaries used or useful in the conduct of their business or the business of its respective Subsidiaries to be maintained and kept in good condition, repair and working order (reasonable wear and tear excepted) and supplied with all necessary equipment, (ii) will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the relevant Loan Party such Borrower may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times, and (iii) will, and will cause each of its respective Subsidiaries to, continue to engage primarily in the businesses now conducted by them and in related businesses; provided that nothing in this §8.6 shall prevent either of the Loan Parties such Borrower from discontinuing the operation and maintenance of any of any of their its properties or any of those of their respective its Subsidiaries if such discontinuance is, in the judgment of such Loan PartyBorrower, desirable in the conduct of their its or such respective Subsidiary’s business and that do not in the aggregate have a Material Adverse Effect.
Appears in 4 contracts
Samples: Revolving Credit Agreement (CAI International, Inc.), Revolving Credit Agreement (CAI International, Inc.), Assignment and Assumption (CAI International, Inc.)
Legal Existence; Maintenance of Properties. Each Loan Party of the Borrowers will do or cause to be done all things necessary to preserve and keep in full force and effect its legal existence, rights and franchises and those of its respective Subsidiaries and will not, and will not cause or permit any of its respective Subsidiaries to, without providing the Administrative Agent with at least ten (10) Business Days written notice and the Administrative Agent having filed all necessary Uniform Commercial Code financing statements and taking such other actions in order to maintain the perfection of its Liens in all relevant jurisdictions, convert to a limited liability company or a limited liability partnershipSubsidiaries. Each Loan Party of the Borrowers (i) will use commercially reasonable efforts to cause all of its properties and those of its respective Subsidiaries used or useful in the conduct of their its business or the business of its respective Subsidiaries to be maintained and kept in good condition, repair and working order (reasonable wear and tear excepted) and supplied with all necessary equipmentequipment except where the failure to do so could not reasonably be expected to result in a Material Adverse Effect, (ii) will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the relevant Loan Party such Borrower may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times, except where the failure to do so could not reasonably be expected to result in a Material Adverse Effect, and (iii) will, and will cause each of its respective Subsidiaries to, continue to engage primarily in the businesses now conducted by them and in related businesses; provided that nothing in this §8.6 § 9.6 shall prevent either any of the Loan Parties Borrowers from discontinuing the operation and maintenance of any of any of their its properties or any of those of their respective its Subsidiaries if such discontinuance is, in the judgment of such Loan PartyBorrower, desirable in the conduct of its or their or such respective Subsidiary’s business and that do not in the aggregate have a Material Adverse Effect.
Appears in 2 contracts
Samples: Revolving Credit Agreement (McCormick & Schmicks Seafood Restaurants Inc.), Revolving Credit Agreement (McCormick & Schmicks Seafood Restaurants Inc.)
Legal Existence; Maintenance of Properties. Each Loan Party The Borrower will do or cause to be done all things necessary to preserve and keep in full force and effect its legal existence, rights and franchises and those of its respective Subsidiaries except as permitted by §8.5.1 hereof or the dissolution of any Subsidiary of the Borrower whose operation has been discontinued if such dissolution is, in the judgment of the Borrower, desirable in the conduct of its business and would not reasonably be expected to have a Material Adverse Effect. The Borrower will not, and will not cause or permit any of its respective Subsidiaries to, without providing the Administrative Agent with at least ten (10) Business Days written notice and the Administrative Agent having filed all necessary Uniform Commercial Code financing statements and taking such other actions in order to maintain the perfection of its Liens in all relevant jurisdictions, convert to a limited liability company or a limited liability partnership. Each Loan Party The Borrower (ia) will use commercially reasonable efforts to cause all of its properties and those of its respective Subsidiaries used or useful in the conduct of their its business or the business of its respective Subsidiaries to be maintained and kept in good condition, repair and working order (reasonable wear and tear excepted) and supplied with all necessary equipment, (iib) will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the relevant Loan Party Borrower may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times, and (iiic) will, and will cause each of its respective Subsidiaries to, continue to engage primarily in the businesses now conducted by them and in related businesses; provided that nothing in this §8.6 7.6 shall prevent either of the Loan Parties Borrower from discontinuing the operation and maintenance of any of any of their its properties or any of those of their respective its Subsidiaries if such discontinuance is, in the judgment of such Loan Partythe Borrower, desirable in the conduct of its or their or such respective Subsidiary’s business and that do not in the aggregate have a Material Adverse Effect.
Appears in 1 contract
Samples: Revolving Credit Agreement (Safety Insurance Group Inc)
Legal Existence; Maintenance of Properties. Each Loan Party of the Borrowers will do or cause to be done all things necessary to preserve and keep in full force and effect its legal existence, rights and franchises and those of its respective Subsidiaries and will not, and will not cause or permit any of its respective Subsidiaries to, without providing the Administrative Agent with at least ten (10) Business Days written notice and the Administrative Agent having filed all necessary Uniform Commercial Code financing statements and taking such other actions in order to maintain the perfection of its Liens in all relevant jurisdictions, convert to a limited liability company or a limited liability partnershipSubsidiaries. Each Loan Party of the Borrowers (i) will use commercially reasonable efforts to cause all of its properties and those of its respective Subsidiaries used or useful in the conduct of their its business or the business of its respective Subsidiaries to be maintained and kept in good condition, repair and working order (reasonable wear and tear excepted) and supplied with all necessary equipmentequipment except where the failure to do so could not reasonably be expected to result in a Material Adverse Effect, (ii) will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the relevant Loan Party such Borrower may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times, except where the failure to do so could not reasonably be expected to result in a Material Adverse Effect, and (iii) will, and will cause each of its respective Subsidiaries to, continue to engage primarily in the businesses now conducted by them and in related businesses; provided that nothing in this §8.6 9.6 shall prevent either any of the Loan Parties Borrowers from discontinuing the operation and maintenance of any of any of their its properties or any of those of their respective its Subsidiaries if such discontinuance is, in the judgment of such Loan PartyBorrower, desirable in the conduct of its or their or such respective Subsidiary’s business and that do not in the aggregate have a Material Adverse Effect.
Appears in 1 contract
Samples: Revolving Credit Agreement (McCormick & Schmick Holdings, L.L.C.)