Common use of Maintenance of Existence and Conduct of Business Clause in Contracts

Maintenance of Existence and Conduct of Business. Each Originator shall: (i) do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence and, except where the failure to do so could not reasonably be expected to result in a Material Adverse Effect, its rights and franchises; (ii) continue to conduct its business substantially as now conducted or as otherwise permitted hereunder; (iii) at all times maintain, preserve and protect all of its assets and properties which are necessary in the conduct of its business, including all licenses, permits, charters and registrations, and keep the same in good repair, working order and condition in all material respects (taking into consideration ordinary wear and tear) and from time to time make, or cause to be made, all necessary or appropriate repairs, replacements and improvements thereto consistent with industry practices; and (iv) transact business only in such corporate, legal and trade names as are set forth in Schedule 4.02(g) or, upon 30 days’ prior written notice to Buyer, in such other corporate, legal or trade names with respect to which all action requested by Buyer pursuant to Section 6.13 shall have been taken with respect to the Transferred Receivables.

Appears in 3 contracts

Samples: Funding Agreement (Synnex Corp), Funding Agreement (Synnex Corp), Receivables Sale and Servicing Agreement (Synnex Corp)

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Maintenance of Existence and Conduct of Business. Each Originator shall: (i) do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence and, except where the failure to do so could not reasonably be expected to result in a Material Adverse Effect, and its rights and franchises; (ii) continue to conduct its business substantially as now conducted or as otherwise permitted hereunderhereunder and in accordance with the terms of its certificate or articles of incorporation and by-laws; (iii) at all times maintain, preserve and protect all of its assets and properties which are necessary in the conduct of its business, including all licenses, permits, charters and registrations, and keep the same in good repair, working order and condition in all material respects (taking into consideration ordinary wear and tear) and from time to time make, or cause to be made, all necessary or appropriate repairs, replacements and improvements thereto consistent with industry practices; and (iv) transact business only in such corporate, legal and trade names as are set forth in Schedule 4.02(g) or, upon 30 days’ prior written notice to Buyer, in such other corporate, legal or trade names with respect to which all action requested by Buyer pursuant to Section 6.13 shall have been taken with respect to the Transferred Receivables.

Appears in 2 contracts

Samples: Receivables Sale and Servicing Agreement (Synnex Corp), Receivables Sale and Servicing Agreement (Georgia Gulf Corp /De/)

Maintenance of Existence and Conduct of Business. Each of Superior and each Originator shall: (i) do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence and, except where the failure to do so could not reasonably be expected to result in a Material Adverse Effect, and its rights and franchises; (ii) continue to conduct its business substantially as now conducted or as otherwise permitted hereunderhereunder and in accordance with the terms of its certificate or articles of incorporation and bylaws; (iii) at all times maintain, preserve and protect all of its assets and properties which are necessary used or useful in the conduct of its business, including all licenses, permits, charters and registrations, and keep the same in good repair, working order and condition in all material respects (taking into consideration ordinary wear and tear) and from time to time make, or cause to be made, all necessary or appropriate repairs, replacements and improvements thereto consistent with industry practices; and (iv) transact business only in such corporate, legal and trade names as are set forth in Schedule 4.02(g) or, upon 30 days' prior written notice to BuyerBuyer and the Administrative Agent, in such other corporate, legal or trade names with respect to which all action requested by Buyer Buyer, any Lender or the Administrative Agent pursuant to Section 6.13 7.13 shall have been taken with respect to the Transferred Receivables.

Appears in 2 contracts

Samples: Receivables Sale Agreement (Alpine Group Inc /De/), Receivables Sale Agreement (Superior Telecom Inc)

Maintenance of Existence and Conduct of Business. Each Originator shall: (i) do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence and, except where the failure to do so could not reasonably be expected to result in a Material Adverse Effect, its rights and franchises; (ii) continue to conduct its business substantially as now conducted or as otherwise permitted hereunder; (iii) at all times maintain, preserve and protect all of its assets and properties which are necessary in the conduct of its business, including all licenses, permits, charters and registrations, and keep the same in good repair, working order and condition in all material respects (taking into consideration ordinary wear and tear) and from time to time make, or cause to be made, all necessary or appropriate repairs, replacements and improvements thereto consistent with industry practices; and (iv) transact business only in such corporate, corporate and legal and trade names as are set forth in Schedule 4.02(g) or, upon 30 15 days’ prior written notice to Buyer, in such other corporate, corporate or legal or trade names with respect to which all action requested by Buyer pursuant to Section 6.13 shall have been taken with respect to the Transferred Receivables.

Appears in 2 contracts

Samples: Funding Agreement (Td Synnex Corp), Funding Agreement (Td Synnex Corp)

Maintenance of Existence and Conduct of Business. (a) Each Originator shallLoan Party shall and shall cause its Subsidiaries to: (i) do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence and, except where the failure to do so could not reasonably be expected to result in a Material Adverse Effectas applicable, limited liability company or other organizational existence and its material rights and franchises; (ii) continue to conduct its business substantially as now conducted or as otherwise permitted hereunder; (iii) at all times maintain, preserve and protect all of its assets and properties which are necessary used or useful in the conduct of its business, including all licenses, permits, charters and registrations, and keep the same in good repair, working order and condition in all material respects (taking into consideration ordinary wear and tear) and from time to time make, or cause to be made, all necessary or appropriate repairs, replacements and improvements thereto consistent with industry practices; and (iv) transact business only in such corporatecorporate (or, legal as applicable, limited liability company or other organizational) and trade names as are set forth in Schedule 4.02(g) or, upon 30 days’ prior written notice 4.1 (or otherwise set forth in any relevant joinder documentation or otherwise notified to BuyerLender in writing), in such other corporateeach case of subsection (ii) through (iv) of this Section 4.1(a), legal or trade names with respect except as would not reasonably be expected to which all action requested by Buyer pursuant to Section 6.13 shall have been taken with respect to the Transferred Receivablesa Material Adverse Effect.

Appears in 2 contracts

Samples: Credit Agreement (Universal Technical Institute Inc), Credit Agreement (Universal Technical Institute Inc)

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Maintenance of Existence and Conduct of Business. Each Originator shall: (i) do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence and, except where the failure to do so could not reasonably be expected to result in a Material Adverse Effect, and its rights and franchisesfranchises and to remain qualified in good standing in its jurisdiction of organization and in each other jurisdiction where its business is conducted; (ii) continue to conduct its business substantially as now conducted or as otherwise permitted hereunderhereunder and in accordance with the terms of its certificate or articles of incorporation and by-laws or certificate of formation and operating agreement, as applicable; (iii) at all times maintain, preserve and protect all of its assets and properties which are necessary in the conduct of its business, including all licenses, permits, charters and registrations, and keep the same in good repair, working order and condition in all material respects (taking into consideration ordinary wear and tear) and from time to time make, or cause to be made, all necessary or appropriate repairs, replacements and improvements thereto consistent with industry practices, except to the extent that the failure to comply with this clause (iii) could not reasonably be expected to have a Material Adverse Effect; and (iv) transact business only in such corporate, legal and trade names as are set forth in Schedule 4.02(g4.02(f) or, upon 30 days’ prior written notice to the Buyer, in such other corporate, legal or trade names with respect to which all action requested by the Buyer pursuant to Section 6.13 shall have been taken with respect to the Transferred Receivables.

Appears in 1 contract

Samples: Receivables Sale and Servicing Agreement (Ryerson Inc.)

Maintenance of Existence and Conduct of Business. Each Originator shall: (i) do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence and, except where the failure to do so could not reasonably be expected to result in a Material Adverse Effect, its rights and franchises; (ii) continue to conduct its business substantially as now conducted or as otherwise permitted hereunder; (iii) at all times maintain, preserve and protect all of its assets and properties which are necessary in the conduct of its business, including all licenses, permits, charters and registrations, and keep the same in good repair, working order and condition in all material respects (taking into consideration ordinary wear and tear) and from time to time make, or cause to be made, all necessary or appropriate repairs, replacements and improvements thereto consistent with industry practices; and (iv) transact business only in such corporate, corporate and legal and trade names as are set forth in Schedule 4.02(g) or, upon 30 15 days’ prior written notice to Buyer, in such other corporate, corporate or legal or trade names with respect to which all action requested by Buyer pursuant to Section 6.13 shall have been taken with respect to the Transferred Receivables.. 745039911 21696099 16

Appears in 1 contract

Samples: Receivables Sale and Servicing Agreement (Td Synnex Corp)

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