Common use of Maintenance of Corporate Existence Clause in Contracts

Maintenance of Corporate Existence. Each Group Member shall (a) preserve and maintain its legal existence, except in the consummation of transactions expressly permitted by Sections 8.4 and 8.7, and (b) preserve and maintain its rights (charter and statutory), privileges franchises and Permits necessary or desirable in the conduct of its business, except, in the case of this clause (b), where the failure to do so would not, in the aggregate, have a Material Adverse Effect.

Appears in 6 contracts

Samples: Credit Agreement (Westwood One Inc /De/), Second Lien Credit Agreement (Westwood One Inc /De/), Credit Agreement (Parlux Fragrances Inc)

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Maintenance of Corporate Existence. Each Group Member shall (a) preserve and maintain its legal existence, except in the consummation of transactions expressly permitted by Sections 8.4 and 8.7, and (b) preserve and maintain its it rights (charter and statutory), privileges franchises and Permits necessary or desirable in the conduct of its business, except, in the case of this clause (b), where the failure to do so would not, in the aggregate, have a Material Adverse Effect.

Appears in 5 contracts

Samples: Credit Agreement (Townsquare Media, LLC), Subordinated Notes Agreement (Townsquare Media, Inc.), Credit Agreement (Townsquare Media, Inc.)

Maintenance of Corporate Existence. Each Group Member shall (a) preserve and maintain its legal existence, except in the consummation of transactions expressly permitted by Sections 8.4 and 8.7, and (b) preserve and maintain its rights (charter and statutory), privileges franchises and Permits necessary or desirable in the conduct of its business, except, in the case of this clause (b), where the failure to do so would not, in the aggregate, have a Material Adverse Effect.

Appears in 4 contracts

Samples: Second Lien Credit Agreement (Clearlake Capital Partners, LLC), Credit Agreement (Medquist Inc), Second Lien Credit Agreement (Goamerica Inc)

Maintenance of Corporate Existence. Each Group Member (other than Immaterial Subsidiaries) shall (a) preserve and maintain its legal existence, except in the consummation of transactions expressly permitted by Sections 8.4 and 8.7Section 8.2, and (b) preserve and maintain its rights (charter and statutory), privileges privileges, franchises and Permits necessary or desirable in the conduct of its business, except, in the case of this clause (b), where the failure to do so would not, in the aggregate, have a Material Adverse Effect.

Appears in 4 contracts

Samples: Credit Agreement (Rush Enterprises Inc \Tx\), Credit Agreement (Rush Enterprises Inc \Tx\), Credit Agreement (Rush Enterprises Inc \Tx\)

Maintenance of Corporate Existence. Each Group Member shall (a) preserve and maintain its legal existence, except in the consummation of transactions expressly permitted by Sections 8.4 and 8.7Section 7.7, and (b) preserve and maintain its it rights (charter and statutory), privileges franchises and Permits necessary or desirable in the conduct of its business, except, in the case of this clause (b), where the failure to do so would not, in the aggregate, reasonably be expected to have a Material Adverse Effect.

Appears in 3 contracts

Samples: Credit Agreement (Cinedigm Corp.), Credit Agreement (Cinedigm Corp.), Credit Agreement (Cinedigm Corp.)

Maintenance of Corporate Existence. Each Group Member shall (a) preserve and maintain its legal existence, except in connection with the consummation of transactions expressly permitted by Sections 8.4 and 8.7, and (b) preserve and maintain its rights (charter and statutory), privileges privileges, franchises and Permits necessary or desirable in the conduct of its business, except, in the case of this clause (b), where the failure to do so would not, in the aggregate, have a Material Adverse Effect.

Appears in 3 contracts

Samples: Credit Agreement (Medical Staffing Network Holdings Inc), Credit Agreement (Medical Staffing Network Holdings Inc), Second Lien Credit Agreement (Medical Staffing Network Holdings Inc)

Maintenance of Corporate Existence. Each Group Member shall (a) preserve and maintain its legal existence, except in the consummation of transactions expressly permitted by Sections 8.4 and 8.7, and (b) preserve and maintain its rights (charter and statutory), privileges franchises and Permits necessary or desirable required in the conduct of its business, except, in the case of this clause (b), where the failure to do so would not, in the aggregate, reasonably be expected to have a Material Adverse Effect.

Appears in 3 contracts

Samples: Term Loan Credit Agreement (Dayton Superior Corp), Term Loan Credit Agreement (Dayton Superior Corp), Revolving Credit Agreement (Dayton Superior Corp)

Maintenance of Corporate Existence. Each Group Member shall (a) preserve and maintain its legal existence, except in the consummation of transactions expressly permitted by Sections 8.4 and 8.7, and (b) preserve and maintain its it rights (charter and statutory), privileges franchises and Permits necessary or desirable in the conduct of its business, except, in the case of this clause (b), where the failure to do so would not, in the aggregate, reasonably be expected to have a Material Adverse Effect.

Appears in 3 contracts

Samples: Credit Agreement (Assisted Living Concepts Inc), Credit Agreement (Assisted Living Concepts Inc), Credit Agreement (Assisted Living Concepts Inc)

Maintenance of Corporate Existence. Each Group Member shall (a) preserve and maintain its legal existence, except in the consummation of transactions expressly permitted by Sections 8.4 and 8.7, and (b) preserve and maintain its rights (charter and statutory), privileges privileges, franchises and Permits necessary or desirable in the conduct of its business, except, in the case of this clause (b), where the failure to do so would not, in the aggregate, have a Material Adverse Effect.

Appears in 3 contracts

Samples: Credit Agreement (Alere Inc.), Credit Agreement (Alere Inc.), First Lien Credit Agreement (Inverness Medical Innovations Inc)

Maintenance of Corporate Existence. Each Group Member (other than Immaterial Subsidiaries) shall (a) preserve and maintain its legal existence, except in the consummation of transactions expressly permitted by Sections 8.4 and 8.7Section 8.2, and (b) preserve and maintain its it rights (charter and statutory), privileges franchises and Permits necessary or desirable in the conduct of its business, except, in the case of this clause (b), where the failure to do so would not, in the aggregate, have a Material Adverse Effect.

Appears in 2 contracts

Samples: Credit Agreement (Rush Enterprises Inc \Tx\), Credit Agreement (Rush Enterprises Inc \Tx\)

Maintenance of Corporate Existence. Each Group Member shall (a) preserve and maintain its legal existence, except in the consummation of transactions expressly permitted by Sections 8.4 and 8.7Section 6.7, and (b) preserve and maintain its rights (charter and statutory), privileges franchises and Permits necessary or desirable in the conduct of its business, except, in the case of this clause (b), where the failure to do so would not, in the aggregate, reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Second Lien Loan Agreement (Cinedigm Corp.)

Maintenance of Corporate Existence. Each Group Member shall Preserve and maintain (a) preserve and maintain its legal existence, except in existence and good standing under the consummation laws of transactions expressly permitted by Sections 8.4 and 8.7, the jurisdiction of its incorporation or organization and (b) preserve and maintain its it rights (charter and statutory), privileges franchises and Permits necessary or desirable in the conduct of its business, except, in the case of this clause (b), where the failure to do so would not, in the aggregate, have a Material Adverse Effect.

Appears in 1 contract

Samples: Term Loan, Guaranty and Security Agreement (Horizon Offshore Inc)

Maintenance of Corporate Existence. Each Group Member shall (a) preserve and maintain its legal existence, except in the consummation of transactions expressly permitted by Sections 8.4 and 8.7, and (b) preserve and maintain its it rights (charter and statutory), privileges franchises and Permits necessary or desirable in the conduct of its business, except, in the case of this clause (bSection 7.1(b), where the failure to do so would not, in the aggregate, have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Palm Harbor Homes Inc /Fl/)

Maintenance of Corporate Existence. Each Holdings and each Group Member shall (a) preserve and maintain its legal existence, except in the consummation of transactions expressly permitted by Sections 8.4 and 8.7, and (b) preserve and maintain its it rights (charter and statutory), privileges franchises and Permits necessary or desirable in the conduct of its business, except, in the case of this clause (b), where the failure to do so would not, in the aggregate, have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Access Integrated Technologies Inc)

Maintenance of Corporate Existence. Each of Holdings and each Group Member shall (a) preserve and maintain its legal existence, except in the consummation of transactions expressly permitted by Sections 8.4 and Section 8.7, and (b) preserve and maintain its rights (charter and statutory), privileges privileges, franchises and Permits necessary or desirable in the conduct of its business, except, in the case of this clause (b), where the failure to do so would not, in the aggregate, reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Cinedigm Digital Cinema Corp.)

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Maintenance of Corporate Existence. Each Group Member shall (a) preserve and maintain its legal existence, except in the consummation of transactions expressly permitted by Sections 8.4 and Section 8.7, and (b) preserve and maintain its it rights (charter and statutory), privileges privileges, franchises and Permits necessary or desirable in the conduct of its business, except, in the case of this clause (b), where the failure to do so would could not, in the aggregate, reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: First Lien Credit Agreement (SRAM International Corp)

Maintenance of Corporate Existence. Each Group Member shall (a) preserve and maintain its legal existence, except in the consummation of transactions expressly permitted by Sections 8.4 and 8.7, and (b) preserve and maintain its it rights (charter and statutory), privileges privileges, franchises and Permits necessary or desirable in the conduct of its business, except, in the case of this clause (b), where the failure to do so would not, in the aggregate, have a Material Adverse Effect.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (PROS Holdings, Inc.)

Maintenance of Corporate Existence. Each Group Member shall Preserve and maintain (a) preserve and maintain its legal existence, except in existence and good standing under the consummation laws of transactions expressly permitted by Sections 8.4 and 8.7, the jurisdiction of its incorporation or organization and (b) preserve and maintain its rights (charter and statutory), privileges franchises and Permits necessary or desirable in the conduct of its business, except, in the case of this clause (b), where the failure to do so would not, in the aggregate, have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan Agreement (Horizon Offshore Inc)

Maintenance of Corporate Existence. Each Group Member shall (a) preserve and maintain its legal existence, except in connection with the consummation of transactions expressly permitted by Sections 8.4 and 8.7, and (b) preserve and maintain its rights (charter and statutory), privileges privileges, franchises and Permits necessary or desirable in the conduct of its business, except, in the case of this clause (b), where the failure to do so would not, in the aggregate, have a Material Adverse Effect. CREDIT AGREEMENT MEDICAL STAFFING NETWORK, INC.

Appears in 1 contract

Samples: Second Lien Credit Agreement (Medical Staffing Network Holdings Inc)

Maintenance of Corporate Existence. Each Group Member shall (a) preserve and maintain its legal existence, except in the consummation of transactions expressly permitted by Sections 8.4 7.4 and 8.7Section 7.7, and (b) preserve and maintain its it rights (charter and statutory), privileges privileges, franchises and Permits necessary or desirable in the conduct of its business, except, in the case of this clause (b), where the failure to do so would could not, in the aggregate, reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Second Lien Credit Agreement (SRAM International Corp)

Maintenance of Corporate Existence. Each Group Member shall (a) preserve and maintain its legal existence, except in the consummation of transactions expressly permitted hereunder, including by Sections 8.4 and 8.7, and (b) preserve and maintain its it rights (charter and statutory), privileges franchises and Permits necessary or desirable in the conduct of its business, except, in the case of this clause (b), where the failure to do so would not, in the aggregate, have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (PGT, Inc.)

Maintenance of Corporate Existence. Each Group Member (other than Immaterial Subsidiaries) shall (a) preserve and maintain its legal existence, except in the consummation of transactions expressly permitted by Sections 8.4 and 8.7Section 8.04, and (b) preserve and maintain its rights (charter and statutory), privileges privileges, franchises and Permits necessary or desirable in the conduct of its business, except, in the case of this clause (b), where the failure to do so would not, in the aggregate, have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Rush Enterprises Inc \Tx\)

Maintenance of Corporate Existence. Each Group Member shall (ai) preserve Preserve and maintain its legal existence, including doing all the things necessary to observe organizational formalities (except in to the consummation of transactions extent expressly permitted by Sections 8.4 and 8.7, and Section 7.5); (bii) preserve and maintain its rights (charter and statutory), privileges privileges, franchises and Permits necessary or desirable in the conduct of its business, except, in the case of this clause (bii), where the failure to do so would not, in the aggregate, have a Material Adverse Effect.

Appears in 1 contract

Samples: Term Loan Agreement (Genesis Healthcare, Inc.)

Maintenance of Corporate Existence. Each Group Member shall (a) preserve and maintain its legal existence, except in the consummation of transactions expressly permitted by Sections 8.4 and 8.7, and (b) preserve and maintain its it rights (charter and statutory), privileges privileges, franchises and Permits necessary or desirable in the conduct of its business, except, in the case of this clause (b), where the failure to do so would not, in the aggregate, reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Duff & Phelps CORP)

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