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

Maintenance of Existence; Conduct of Business. Except as permitted by Section 10.3, the Borrower will, and will cause each Subsidiary to, preserve and maintain its corporate existence and all of its leases, privileges, licenses, permits, franchises, qualifications, and rights that are necessary in the ordinary conduct of its business. The Borrower will, and will cause each Subsidiary to, conduct its business in an orderly and efficient manner in accordance with good business practices.

Appears in 5 contracts

Samples: Credit Agreement (Darling International Inc), Credit Agreement (Darling International Inc), Security Agreement (Darling International Inc)

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Maintenance of Existence; Conduct of Business. Except as permitted by Section 10.311.3, the Borrower will, and will cause each Subsidiary of the Borrower to, preserve and maintain (a) its corporate existence and (b) all of its leases, privileges, licenses, permitsPermits, franchises, qualifications, qualifications and rights that are necessary in the ordinary conduct of its business. The Borrower will, and will cause each Subsidiary to, conduct its business in an orderly and efficient manner in accordance with good business practices.

Appears in 5 contracts

Samples: Credit Agreement (Williams Sonoma Inc), Credit Agreement (Williams Sonoma Inc), Day Credit Agreement (Williams Sonoma Inc)

Maintenance of Existence; Conduct of Business. Except as permitted by Section 10.3, the Borrower willwill preserve and maintain, and will cause each Subsidiary to, to preserve and maintain maintain, its corporate existence and all of its leases, privileges, licenses, permits, franchises, qualifications, qualifications and rights that are necessary or desirable in the ordinary conduct of its business. The Borrower will, and will cause each Subsidiary to, conduct its business in an orderly and efficient manner in accordance with good business practices.

Appears in 4 contracts

Samples: Loan Agreement (Sharps Compliance Corp), Loan Agreement (Sharps Compliance Corp), Loan Agreement (Global Geophysical Services Inc)

Maintenance of Existence; Conduct of Business. Except as permitted by Section 10.3, the Borrower willwill preserve and maintain, and will cause each Subsidiary to, to preserve and maintain maintain, its corporate existence and all of its leases, privileges, licenses, permits, franchises, qualifications, qualifications and rights that are necessary in the ordinary conduct of its business. The Borrower will, and will cause each Subsidiary to, conduct its business in an orderly and efficient manner in accordance with good business practices.

Appears in 2 contracts

Samples: Loan Agreement (University General Health System, Inc.), Loan Agreement (University General Health System, Inc.)

Maintenance of Existence; Conduct of Business. Except as permitted by Section 10.3, the The Borrower willwill preserve and maintain, and will cause each Subsidiary to, to preserve and maintain maintain, its corporate existence and all of its leases, privileges, licenses, permits, franchises, qualifications, and rights that are necessary or desirable in the ordinary conduct of its business. The Borrower willwill conduct, and will cause each Subsidiary toto conduct, conduct its business in an orderly and efficient manner in accordance with good business practices.

Appears in 2 contracts

Samples: Credit Agreement (First Wave Marine Inc), Loan Agreement (First Wave Marine Inc)

Maintenance of Existence; Conduct of Business. Except as permitted by Section 10.3, the The Borrower willwill preserve and maintain, and will cause each Subsidiary to, to preserve and maintain maintain, its corporate existence and all of its leases, privileges, licenses, permits, franchises, qualifications, and rights that are necessary or desirable in the ordinary conduct of its business. The Borrower willwill conduct, and will cause each Subsidiary toto conduct, conduct its business in an orderly and efficient manner in accordance with good business practices.

Appears in 2 contracts

Samples: Loan Agreement (Quest Resource Holding Corp), Loan Agreement (Spacehab Inc \Wa\)

Maintenance of Existence; Conduct of Business. Except as permitted by Section 10.3, the The Borrower willwill preserve and maintain, and will cause each Subsidiary to, to preserve and maintain maintain, its corporate existence (except for mergers and consolidations permitted under Section 8.3) and all of its leases, privileges, licenses, permits, franchises, qualifications, and rights that are necessary or desirable in the ordinary conduct of its business. The Borrower willwill conduct, and will cause each Subsidiary toto conduct, conduct its business in an orderly and efficient manner in accordance with good business practices.

Appears in 2 contracts

Samples: Loan Agreement (Pizza Inn Holdings, Inc /Mo/), Loan Agreement (Isecuretrac Corp)

Maintenance of Existence; Conduct of Business. Except as --------------------------------------------- permitted by Section 10.3, the Borrower willwill preserve and maintain, and will ------------ cause each Subsidiary to, to preserve and maintain maintain, its corporate or partnership existence and all of its leases, privileges, licenses, permits, franchises, qualifications, agreements and rights that are necessary or desirable in the ordinary conduct of its business. The Borrower willwill conduct, and will cause each Subsidiary toand each Foreign Affiliate to conduct, conduct its business in an orderly and efficient manner in accordance with good business practices.

Appears in 2 contracts

Samples: Credit Agreement (Cellstar Corp), Credit Agreement (Cellstar Corp)

Maintenance of Existence; Conduct of Business. Except as permitted by Section 10.3, the Borrower willThe Borrowers will preserve and maintain, and will cause each Subsidiary to, to preserve and maintain maintain, its corporate existence and all of its leases, privileges, licenses, permits, franchises, qualifications, and rights that are necessary or desirable in the ordinary conduct of its business. The Borrower willBorrowers will conduct, and will cause each Subsidiary toto conduct, conduct its business in an orderly and efficient manner in accordance with good business practices.

Appears in 2 contracts

Samples: Credit Agreement (Transcoastal Marine Services Inc), Credit Agreement (Transcoastal Marine Services Inc)

Maintenance of Existence; Conduct of Business. Except as permitted by Section 10.3, the The Borrower willwill preserve and maintain, and will cause each Subsidiary to, to preserve and maintain maintain, its corporate existence and all of its material leases, privileges, licenses, permits, franchises, qualifications, and rights that are necessary or desirable in the ordinary conduct of its business. The Borrower willwill conduct, and will cause each Subsidiary toto conduct, conduct its business in an orderly and efficient manner in accordance with good business practices.

Appears in 2 contracts

Samples: Loan Agreement (Pizza Inn Inc /Mo/), Loan Agreement (Pizza Inn Inc /Mo/)

Maintenance of Existence; Conduct of Business. Except as permitted by Section 10.38.3, the Borrower will, and will cause each Subsidiary to, preserve and maintain its corporate existence and all of its leases, privileges, licenses, permits, franchises, qualifications, and rights that are necessary or desirable in the ordinary conduct of its business. The Borrower will, and will cause each Subsidiary to, conduct its business in an orderly and efficient manner in accordance with good business practices.

Appears in 2 contracts

Samples: Loan Agreement (Uici), Loan Agreement (Uici)

Maintenance of Existence; Conduct of Business. Except as permitted by Section 10.3, the Borrower willwill preserve and maintain, and will cause each Subsidiary to, to preserve and maintain maintain, its corporate existence or partnership existence, as the case may be, and all of its leases, privileges, licenses, permits, franchises, qualifications, and rights that are necessary or desirable in the ordinary conduct of its business. The Borrower willwill conduct, and will cause each Subsidiary toto conduct, conduct its business in an orderly and efficient manner in accordance with good business practices.

Appears in 2 contracts

Samples: Loan Agreement (Penson Worldwide Inc), Loan Agreement (Penson Worldwide Inc)

Maintenance of Existence; Conduct of Business. Except as permitted by Section 10.3, the Borrower willwill preserve and maintain, and will cause each Subsidiary to, to preserve and maintain maintain, its corporate existence and all of its leases, privileges, licenses, permits, franchises, qualifications, qualifications and rights fights that are necessary or desirable in the ordinary conduct of its business. The Borrower will, and will conduct, and cause each Subsidiary toto conduct, conduct its business as presently conducted in an orderly and efficient manner in accordance with good business practices.. Section 7.3

Appears in 1 contract

Samples: Credit Agreement (Craftmade International Inc)

Maintenance of Existence; Conduct of Business. Except as permitted by Section 10.3, the The Borrower will, and will cause each Subsidiary to, preserve and maintain (i) its corporate existence (except as permitted by Section 10.3) and (ii) all of its leases, privileges, licenses, permits, franchises, qualifications, and rights that are necessary or desirable in the ordinary conduct of its business. The Borrower will, and will cause each Subsidiary to, conduct its business in an orderly and efficient manner in accordance with good business practices.

Appears in 1 contract

Samples: Credit Agreement (Horizon Health Corp /De/)

Maintenance of Existence; Conduct of Business. Except as permitted by Section 10.3, the Borrower willwill preserve and maintain, and will cause each Subsidiary to, to preserve and maintain maintain, its corporate existence and all of its leases, privileges, licenses, permits, franchises, qualifications, qualifications and rights that are necessary or desirable in the ordinary conduct of its business. The Borrower will, and will conduct, and cause each Subsidiary toto conduct, conduct its business as presently conducted in an orderly and efficient manner in accordance with good business practices.

Appears in 1 contract

Samples: Guaranty Agreement (Craftmade International Inc)

Maintenance of Existence; Conduct of Business. Except as permitted by Section 10.3, the Borrower will, and will cause each Subsidiary Guarantor to, preserve and maintain its (a)its corporate existence and (b) all of its leases, privileges, licenses, permitsPermits, franchises, qualifications, and rights that are necessary in the ordinary conduct of its business. The Borrower will, and will cause each Subsidiary Guarantor to, conduct its business in an orderly and efficient manner in accordance with good business practices.

Appears in 1 contract

Samples: Credit Agreement (Cec Entertainment Inc)

Maintenance of Existence; Conduct of Business. Except as otherwise permitted by Section 10.39.3, the Borrower will, and will cause each Subsidiary to, preserve and maintain its corporate existence and all of its leases, privileges, licenses, permits, franchises, qualifications, and rights that are necessary or desirable in the ordinary conduct of its business. The Borrower will, and will cause each Subsidiary to, conduct its business in an orderly and efficient manner in accordance with good business practices.

Appears in 1 contract

Samples: Credit Agreement (Richmont Marketing Specialists Inc)

Maintenance of Existence; Conduct of Business. Except as permitted by Section 10.3, the Borrower will, and will cause each Subsidiary of the Borrower to, preserve and maintain (a) its corporate existence and (b) all of its leases, privileges, licenses, permitsPermits, franchises, qualifications, and rights that are necessary in the ordinary conduct of its business. The Borrower will, and will cause each Subsidiary of the Borrower to, conduct its business in an orderly and efficient manner in accordance with good business practices.

Appears in 1 contract

Samples: Credit Agreement (Williams Sonoma Inc)

Maintenance of Existence; Conduct of Business. Except as permitted by Section 10.3, the The Borrower will, and will cause each Subsidiary to, preserve and maintain (i) its corporate existence (except as permitted by Section 9.3) and (ii) all of its leases, privileges, licenses, permits, franchises, qualifications, and rights that are necessary or desirable in the ordinary conduct of its business. The Borrower will, and will cause each Subsidiary to, conduct its business in an orderly and efficient manner in accordance with good business practices.

Appears in 1 contract

Samples: Credit Agreement (Dave & Busters Inc)

Maintenance of Existence; Conduct of Business. Except as permitted by Section 10.36.3, the Borrower will, and will cause each Material Subsidiary to, preserve and maintain its corporate existence and all of its leases, privileges, licenses, permits, franchises, qualifications, and rights that are necessary in the ordinary conduct of its business. The Borrower will, and will cause each Material Subsidiary to, conduct its business in an orderly and efficient manner in accordance with good business practices.

Appears in 1 contract

Samples: Credit Agreement (Wayne Farms, Inc.)

Maintenance of Existence; Conduct of Business. Except as permitted by Section 10.3, the Each Borrower will, and will cause each Subsidiary to, shall preserve and maintain its corporate existence and all of its leasesrights, privileges, licenses, permits, franchises, qualifications, privileges and rights that are franchises necessary or desirable in the ordinary normal conduct of its business. The Borrower will, and will cause each Subsidiary to, conduct its business in an orderly and efficient manner in accordance with good business practices; provided that nothing herein shall prevent any transaction permitted by Section 5.2(c).

Appears in 1 contract

Samples: Credit Agreement (Freeport McMoran Copper & Gold Inc)

Maintenance of Existence; Conduct of Business. Except as permitted by Section 10.3, the Borrower willwill preserve and maintain, and will cause each Subsidiary to, to preserve and maintain maintain, its corporate existence (except for mergers and consolidations permitted under Section 8.3) and all of its leases, privileges, licenses, permits, franchises, qualifications, and rights that are necessary or desirable in the ordinary conduct of its business. The Borrower willwill conduct, and will cause each Subsidiary toto conduct, conduct its business in an orderly and efficient manner in accordance with good business practices.

Appears in 1 contract

Samples: Loan Agreement (Nobilis Health Corp.)

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Maintenance of Existence; Conduct of Business. Except as permitted by Section 10.3, the The Borrower --------------------------------------------- will, and will cause each Subsidiary to, preserve and maintain (i) its corporate existence (except as permitted under Section 10.3) and (ii) all of its leases, privileges, licenses, permits, franchises, qualifications, and rights that are necessary or desirable in the ordinary conduct of its business. The Borrower will, and will cause each Subsidiary to, conduct its business in an orderly and efficient manner in accordance with good business practices.

Appears in 1 contract

Samples: Credit Agreement (Learningstar Inc)

Maintenance of Existence; Conduct of Business. Except as permitted for mergers, consolidations, liquidations or amalgamations not otherwise prohibited by Section 10.3this Agreement, the Borrower willwill preserve and maintain, and and, will cause each Subsidiary to, to preserve and maintain maintain, its corporate existence and all of its leases, privileges, licenses, permits, franchises, qualifications, qualifications and rights that are necessary or desirable in the ordinary conduct of its business. The Borrower will, and will conduct, and cause each Subsidiary toto conduct, conduct its business as presently conducted in an orderly and efficient manner in accordance with good business practices.

Appears in 1 contract

Samples: Credit Agreement (Iri International Corp)

Maintenance of Existence; Conduct of Business. Except as permitted by Section 10.3, the Borrower will, and --------------------------------------------- will cause each Subsidiary to, preserve and maintain its corporate existence and all of its leases, privileges, licenses, permits, franchises, qualifications, qualifications and rights that are necessary or desirable in the ordinary conduct of its business. The Borrower will, and will cause each Subsidiary to, conduct its business in an orderly and efficient manner in accordance with good business practicesbusinesses.

Appears in 1 contract

Samples: Guaranteed Loan Agreement (Scientific Measurement Systems Inc/Tx)

Maintenance of Existence; Conduct of Business. Except as permitted by Section 10.3, the The Borrower willwill preserve and maintain, and will cause each Restricted Subsidiary to, to preserve and maintain maintain, its corporate or partnership existence and all of its leases, privileges, licenses, permits, franchises, qualifications, agreements and rights that are necessary or desirable in the ordinary conduct of its business. The Borrower will, and will cause each except where the preservation of a Restricted Subsidiary to, conduct its business in an orderly and efficient manner in accordance with good business practicesis effected by merger thereof into another Restricted Subsidiary of the Borrower.

Appears in 1 contract

Samples: Credit Agreement (Drypers Corp)

Maintenance of Existence; Conduct of Business. Except as permitted by Section 10.39.3, the Borrower will, and will cause each Significant Subsidiary to, preserve and maintain its corporate or other organizational existence and all of its leases, privileges, licenses, permits, franchises, qualifications, and rights that are necessary or desirable in the ordinary conduct of its business. The Borrower will, and will cause each Subsidiary to, conduct its business in an orderly and efficient manner in accordance with good business practices.

Appears in 1 contract

Samples: Credit Agreement (Blanch E W Holdings Inc)

Maintenance of Existence; Conduct of Business. Except as permitted by Section 10.39.3, the Borrower will, and will cause each Subsidiary of its Subsidiaries to, preserve and maintain its corporate existence and all of its leases, privileges, licenses, permits, franchises, qualifications, and rights that are necessary in the ordinary conduct of its business. The Borrower will, and will cause each Subsidiary of its Subsidiaries to, conduct its business in an orderly and efficient manner in accordance with good business practices.

Appears in 1 contract

Samples: Credit Agreement (Monarch Dental Corp)

Maintenance of Existence; Conduct of Business. Except as permitted by Subject to the provisions of Section 10.3, the Borrower willwill preserve and maintain, and will cause each Restricted Subsidiary to, to preserve and maintain maintain, its corporate existence and all of its leases, privileges, licenses, permits, franchises, qualifications, and rights that are necessary or desirable in the Borrower's reasonable business judgment, and in the ordinary conduct of its business. The Borrower willwill conduct, and will cause each Restricted Subsidiary toto conduct, conduct its business in an orderly and efficient manner in accordance with good business practices.

Appears in 1 contract

Samples: Credit Agreement (Magnum Hunter Resources Inc)

Maintenance of Existence; Conduct of Business. Except as permitted by Section 10.3, the Borrower willwill preserve and maintain, and will cause each Subsidiary to, to preserve and maintain maintain, (a) its corporate legal existence and (b) all of its leases, privileges, licenses, permits, franchises, qualifications, qualifications and rights that are necessary in the ordinary conduct of its business. The Borrower willbusiness provided that the foregoing shall not prohibit any merger, and will cause each Subsidiary to, conduct its business in an orderly and efficient manner in accordance with good business practicesconsolidation or other transaction permitted under Section 8.3.

Appears in 1 contract

Samples: Credit Agreement (Insperity, Inc.)

Maintenance of Existence; Conduct of Business. Except as permitted by Section 10.3, the The Borrower will----------------------------------------------- will preserve and maintain, and will cause each Subsidiary to, to preserve and maintain maintain, its corporate existence and all of its material leases, privileges, licenses, permits, franchises, qualifications, and rights that are necessary or desirable in the ordinary conduct of its business. The Borrower willwill conduct, and will cause each Subsidiary toto conduct, conduct its business in an orderly and efficient manner in accordance with good business practices. Section 10.3.

Appears in 1 contract

Samples: Loan Agreement (Pizza Inn Inc /Mo/)

Maintenance of Existence; Conduct of Business. Except as permitted by Section 10.3, the Borrower willwill preserve and maintain, and will cause each Subsidiary to, to preserve and maintain maintain, its corporate existence and all of its leases, privileges, licenses, permits, franchises, qualifications, qualifications and rights that are necessary in the ordinary conduct of its business. The Borrower will, and will cause each Subsidiary to, conduct its business in an orderly and efficient manner in accordance with good business practices.

Appears in 1 contract

Samples: Loan Agreement (Reliability Inc)

Maintenance of Existence; Conduct of Business. Except as permitted by Section 10.3, the Borrower willwill preserve and maintain, and will cause each Subsidiary to, to preserve and maintain maintain, its corporate existence and all of its leases, privileges, licenses, permits, franchises, qualifications, qualifications and rights that are necessary or desirable in the ordinary conduct of its business. The Borrower will, and will conduct, and cause each Subsidiary toto conduct, conduct its business as presently conducted in an orderly and efficient manner in accordance with good business practices.. Section 7.3

Appears in 1 contract

Samples: Credit Agreement (Craftmade International Inc)

Maintenance of Existence; Conduct of Business. Except as permitted by Section 10.3Section10.3, the Borrower will, and will cause each Subsidiary to, preserve and maintain its corporate existence and all of its leases, privileges, licenses, permits, franchises, qualifications, and rights that are necessary in the ordinary conduct of its business. The Borrower will, and will cause each Subsidiary to, conduct its business in an orderly and efficient manner in accordance with good business practices.

Appears in 1 contract

Samples: Credit Agreement (Oreilly Automotive Inc)

Maintenance of Existence; Conduct of Business. Except as permitted by Section 10.3, the Each Borrower willwill preserve and maintain, and will cause Parent and each Subsidiary to, to preserve and maintain maintain, its corporate existence and all of its leases, privileges, licenses, permits, franchises, qualifications, qualifications and rights that are necessary or desirable in the ordinary conduct of its business. The Borrower will, and will cause each Subsidiary to, conduct its business in an orderly and efficient manner in accordance with good business practices.

Appears in 1 contract

Samples: Guaranteed Loan Agreement (Horizon Offshore Inc)

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