Maintenance of Existence; Conduct of Business. Except as permitted by Section 11.3, 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, Permits, franchises, qualifications and rights that are necessary in the ordinary conduct of its business.
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 11.3, 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, Permits, 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 5 contracts
Samples: Credit Agreement (Williams Sonoma Inc), Credit Agreement (Williams Sonoma Inc), Credit Agreement (Williams Sonoma Inc)
Maintenance of Existence; Conduct of Business. Except as permitted by Section 11.310.3, 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, Permitslicenses, 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 5 contracts
Samples: Credit Agreement (Darling International Inc), Credit Agreement (Darling International Inc), Credit Agreement (Bank One Corp)
Maintenance of Existence; Conduct of Business. Except as permitted by Section 11.3, the Borrower willwill preserve and maintain, and will cause each Subsidiary of the Borrower to, to preserve and maintain (a) maintain, its corporate existence and (b) all of its leases, privileges, Permitslicenses, permits, franchises, qualifications and rights that are necessary or desirable in the ordinary conduct of its business.
Appears in 4 contracts
Samples: Loan Agreement (Sharps Compliance Corp), Loan Agreement (Sharps Compliance Corp), Credit Agreement (Remote Knowledge Inc)
Maintenance of Existence; Conduct of Business. Except as permitted by Section 11.3, the Borrower willwill preserve and maintain, and will cause each Subsidiary of the Borrower to, to preserve and maintain (a) maintain, its corporate existence or partnership existence, as the case may be, and (b) all of its leases, privileges, Permitslicenses, permits, franchises, qualifications qualifications, and rights that are necessary or desirable in the ordinary conduct of its business. Borrower will conduct, 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 (Penson Worldwide Inc), Loan Agreement (Penson Worldwide Inc)
Maintenance of Existence; Conduct of Business. Except as permitted by Section 11.3, the The Borrower willwill preserve and maintain, and will cause each Subsidiary of the Borrower to, to preserve and maintain (a) maintain, its corporate existence and (b) all of its leases, privileges, Permitslicenses, permits, franchises, qualifications qualifications, and rights that are necessary or desirable in the ordinary conduct of its business. The Borrower will conduct, 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 (Quest Resource Holding Corp), Loan Agreement (Spacehab Inc \Wa\)
Maintenance of Existence; Conduct of Business. Except as permitted by Section 11.3, the The Borrower willwill preserve and maintain, and will cause each Subsidiary of the Borrower to, to preserve and maintain (a) maintain, its corporate existence and (b) all of its leases, privileges, Permitslicenses, permits, franchises, qualifications qualifications, and rights that are necessary or desirable in the ordinary conduct of its business. The Borrower will conduct, 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: Credit Agreement (First Wave Marine Inc), Loan Agreement (First Wave Marine Inc)
Maintenance of Existence; Conduct of Business. Except as --------------------------------------------- permitted by Section 11.310.3, the Borrower willwill preserve and maintain, and will ------------ cause each Subsidiary of the Borrower to, to preserve and maintain (a) maintain, its corporate or partnership existence and (b) all of its leases, privileges, Permitslicenses, permits, franchises, qualifications qualifications, agreements and rights that are necessary or desirable in the ordinary conduct of its business. The Borrower will conduct, and will cause each Subsidiary and each Foreign Affiliate to 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 11.38.3, 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, Permitslicenses, 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 2 contracts
Samples: Loan Agreement (Uici), Loan Agreement (Uici)
Maintenance of Existence; Conduct of Business. Except as permitted by Section 11.3, the Borrower willThe Borrowers will preserve and maintain, and will cause each Subsidiary of the Borrower to, to preserve and maintain (a) maintain, its corporate existence and (b) all of its leases, privileges, Permitslicenses, permits, franchises, qualifications qualifications, and rights that are necessary or desirable in the ordinary conduct of its business. The Borrowers will conduct, 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: Credit Agreement (Transcoastal Marine Services Inc), Credit Agreement (Transcoastal Marine Services Inc)
Maintenance of Existence; Conduct of Business. Except as permitted by Section 11.3, the The Borrower willwill preserve and maintain, and will cause each Subsidiary of the Borrower to, to preserve and maintain maintain, its existence (aexcept for mergers and consolidations permitted under Section 8.3) its corporate existence and (b) all of its leases, privileges, Permitslicenses, permits, franchises, qualifications qualifications, and rights that are necessary or desirable in the ordinary conduct of its business. The Borrower will conduct, 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 (Pizza Inn Holdings, Inc /Mo/), Loan Agreement (Isecuretrac Corp)
Maintenance of Existence; Conduct of Business. Except as permitted by Section 11.3, the Borrower willwill preserve and maintain, and will cause each Subsidiary of the Borrower to, to preserve and maintain (a) maintain, its corporate existence and (b) all of its leases, privileges, Permitslicenses, permits, franchises, qualifications and rights that are necessary in the ordinary conduct of its business.
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 11.3, the The Borrower willwill preserve and maintain, and will cause each Subsidiary of the Borrower to, to preserve and maintain (a) maintain, its corporate existence and (b) all of its material leases, privileges, Permitslicenses, permits, franchises, qualifications qualifications, and rights that are necessary or desirable in the ordinary conduct of its business. The Borrower will conduct, 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 (Pizza Inn Inc /Mo/), Loan Agreement (Pizza Inn Inc /Mo/)
Maintenance of Existence; Conduct of Business. Except as permitted by Section 11.3, the The Borrower will----------------------------------------------- will preserve and maintain, and will cause each Subsidiary of the Borrower to, to preserve and maintain (a) maintain, its corporate existence and (b) all of its material leases, privileges, Permitslicenses, permits, franchises, qualifications qualifications, and rights that are necessary or desirable in the ordinary conduct of its business. The Borrower will conduct, and will cause each Subsidiary to 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 provided in Section 11.310.3, the Borrower willwill preserve and maintain, and will cause each Subsidiary of the Borrower to, Guarantor to preserve and maintain (a) maintain, its corporate existence and (b) all of its leases, privileges, Permitslicenses, permits, franchises, qualifications qualifications, and rights that are necessary or desirable in the ordinary conduct of its business. The Borrower will conduct, and will cause each Subsidiary to conduct, its businesses in an orderly and efficient manner in accordance with good business practices.
Appears in 1 contract
Maintenance of Existence; Conduct of Business. Except as permitted by Section 11.3, the Borrower willwill preserve and maintain, and will cause each Subsidiary of the Borrower to, to preserve and maintain maintain, (a) its corporate legal existence and (b) all of its leases, privileges, Permitslicenses, permits, franchises, qualifications and rights that are necessary in the ordinary conduct of its businessbusiness provided that the foregoing shall not prohibit any merger, consolidation 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 11.3, the The Borrower will, and will cause each Subsidiary of the Borrower to, preserve and maintain (ai) its corporate existence (except as permitted by Section 9.3) and (bii) all of its leases, privileges, Permitslicenses, permits, franchises, qualifications qualifications, and rights that are necessary or desirable in the ordinary conduct of its business.
Appears in 1 contract
Maintenance of Existence; Conduct of Business. Except as permitted by Section 11.3, the The Borrower willwill preserve and maintain, and will cause each Subsidiary of the Borrower to, to preserve and maintain (a) maintain, its corporate (or partnership) existence and (b) all of its leases, privileges, Permitslicenses, permits, franchises, qualifications qualifications, and rights that are necessary or desirable in the ordinary conduct of its business. The Borrower will conduct, and will cause each Subsidiary to conduct, its business in an orderly and efficient manner in accordance with good business practices customary in the industry in which the Borrower and the Subsidiaries are engaged.
Appears in 1 contract
Samples: Credit Agreement (Ezcorp Inc)
Maintenance of Existence; Conduct of Business. Except as permitted by Subject to the provisions of Section 11.310.3, the Borrower willwill preserve and maintain, and will cause each Restricted Subsidiary of the Borrower to, to preserve and maintain (a) maintain, its corporate existence and (b) all of its leases, privileges, Permitslicenses, permits, franchises, qualifications 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 will conduct, and will cause each Restricted Subsidiary to conduct, its business in an orderly and efficient manner in accordance with good business practices.
Appears in 1 contract
Maintenance of Existence; Conduct of Business. Except as permitted by Section 11.310.3, 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, Permits, franchises, qualifications 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
Maintenance of Existence; Conduct of Business. Except as permitted by Section 11.3, the The Borrower will, and will cause each Subsidiary of the Borrower to, preserve and maintain (ai) its corporate existence (except as permitted by Section 10.3) and (bii) all of its leases, privileges, Permitslicenses, 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
Maintenance of Existence; Conduct of Business. Except as permitted by Section 11.3, the Borrower willwill preserve and maintain, and will cause each Subsidiary of the Borrower to, to preserve and maintain (a) maintain, its corporate existence and (b) all of its leases, privileges, Permitslicenses, permits, franchises, qualifications and rights fights that are necessary or desirable in the ordinary conduct of its business., and conduct, and cause each Subsidiary to 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
Maintenance of Existence; Conduct of Business. Except as permitted by Section 11.3, the The Borrower --------------------------------------------- will, and will cause each Subsidiary of the Borrower to, preserve and maintain (ai) its corporate existence (except as permitted under Section 10.3) and (bii) all of its leases, privileges, Permitslicenses, permits, franchises, qualifications qualifications, and rights that are necessary or desirable in the ordinary conduct of its business.
Appears in 1 contract
Samples: Credit Agreement (Learningstar Inc)
Maintenance of Existence; Conduct of Business. Except as permitted by Section 11.310.3, the Borrower will, and will cause each Subsidiary of the Borrower Guarantor to, preserve and maintain (a) its a)its corporate existence and (b) all of its leases, privileges, Permits, franchises, qualifications qualifications, and rights that are necessary in the ordinary conduct of its business. The Borrower will, and will cause each Guarantor to, conduct its business in an orderly and efficient manner in accordance with good business practices.
Appears in 1 contract
Maintenance of Existence; Conduct of Business. Except as permitted by Section 11.39.3, the Borrower will, and will cause each Significant Subsidiary of the Borrower to, preserve and maintain (a) its corporate or other organizational existence and (b) all of its leases, privileges, Permitslicenses, 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
Maintenance of Existence; Conduct of Business. Except as permitted by Section 11.39.3, the Borrower will, and will cause each Subsidiary of the Borrower its Subsidiaries to, preserve and maintain (a) its corporate existence and (b) all of its leases, privileges, Permitslicenses, permits, franchises, qualifications qualifications, and rights that are necessary in the ordinary conduct of its business. Borrower will, and will cause each of its Subsidiaries to, conduct its business in an orderly and efficient manner in accordance with good business practices.
Appears in 1 contract
Maintenance of Existence; Conduct of Business. Except as permitted by Section 11.3, the Borrower willwill preserve and maintain, and will cause each Subsidiary of the Borrower to, to preserve and maintain (a) maintain, its corporate existence and (b) all of its leases, privileges, Permitslicenses, permits, franchises, qualifications and rights that are necessary in the ordinary conduct of its business.
Appears in 1 contract
Samples: Loan Agreement (Reliability Inc)
Maintenance of Existence; Conduct of Business. Except as permitted by Section 11.3, the Borrower willwill preserve and maintain, and will cause each Subsidiary of the Borrower to, to preserve and maintain (a) maintain, its corporate existence and (b) all of its leases, privileges, Permitslicenses, permits, franchises, qualifications and rights that are necessary or desirable in the ordinary conduct of its business., and conduct, and cause each Subsidiary to 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
Maintenance of Existence; Conduct of Business. Except as otherwise permitted by Section 11.39.3, 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, Permitslicenses, 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: Credit Agreement (Richmont Marketing Specialists Inc)
Maintenance of Existence; Conduct of Business. Except as permitted by Section 11.3, the The Borrower willwill preserve and maintain, and will cause each Restricted Subsidiary of the Borrower to, to preserve and maintain (a) maintain, its corporate or partnership existence and (b) all of its leases, privileges, Permitslicenses, permits, franchises, qualifications qualifications, agreements and rights that are necessary or desirable in the ordinary conduct of its business, except where the preservation of a Restricted Subsidiary is 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 for mergers, consolidations, liquidations or amalgamations not otherwise prohibited by Section 11.3this Agreement, the Borrower willwill preserve and maintain, and and, will cause each Subsidiary of the Borrower to, to preserve and maintain (a) maintain, its corporate existence and (b) all of its leases, privileges, Permitslicenses, permits, franchises, qualifications and rights that are necessary or desirable in the ordinary conduct of its business, and conduct, and cause each Subsidiary to conduct, its business as presently conducted in an orderly and efficient manner in accordance with good business practices.
Appears in 1 contract
Maintenance of Existence; Conduct of Business. Except as permitted by provided in Section 11.310.3, the each Borrower willwill preserve and maintain, and will cause each Subsidiary of the Borrower to, Guarantor to preserve and maintain (a) maintain, its corporate existence and (b) all of its leases, privileges, Permitslicenses, permits, franchises, qualifications qualifications, and rights that are necessary or desirable in the ordinary conduct of its business. Each Borrower will conduct, and will cause each Subsidiary to conduct, its businesses in an orderly and efficient manner in accordance with good business practices.
Appears in 1 contract
Maintenance of Existence; Conduct of Business. Except as permitted by Section 11.3, the Borrower willwill preserve and maintain, and will cause each Subsidiary of the Borrower to, to preserve and maintain maintain, its existence (aexcept for mergers and consolidations permitted under Section 8.3) its corporate existence and (b) all of its leases, privileges, Permitslicenses, permits, franchises, qualifications qualifications, and rights that are necessary or desirable in the ordinary conduct of its business. Borrower will conduct, 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
Maintenance of Existence; Conduct of Business. Except as permitted by Section 11.3Section10.3, 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, Permitslicenses, 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
Maintenance of Existence; Conduct of Business. Except as permitted by Section 11.3, the The Borrower willwill preserve and maintain, and will cause each Subsidiary of the Borrower to, (other than Excluded Subsidiaries) to preserve and maintain (a) maintain, its corporate existence and (b) all of its leases, privileges, Permitslicenses, permits, franchises, qualifications 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 will conduct, 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
Maintenance of Existence; Conduct of Business. Except as permitted by Section 11.3, the Borrower willwill preserve and maintain, and will cause each Subsidiary of the Borrower to, to preserve and maintain (a) maintain, its corporate existence and (b) all of its leases, privileges, Permitslicenses, permits, franchises, qualifications and rights that are necessary or desirable in the ordinary conduct of its business, and conduct, and cause each Subsidiary to conduct, its business as presently conducted in an orderly and efficient manner in accordance with good business practices.
Appears in 1 contract
Maintenance of Existence; Conduct of Business. Except as permitted by Section 11.36.3, the Borrower will, and will cause each Material Subsidiary of the Borrower to, preserve and maintain (a) its corporate existence and (b) all of its leases, privileges, Permitslicenses, permits, franchises, qualifications qualifications, and rights that are necessary in the ordinary conduct of its business. 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 11.3, the Each Borrower willwill preserve and maintain, and will cause each Subsidiary of the Borrower to, to preserve and maintain maintain, (a) its corporate existence existence; provided, however, that any Credit Party may change its type of business entity, after giving ten (10) Business Days prior notice to Agent (with respect to US Credit Parties) and Cdn. Lender (with respect to Cdn. Credit Parties) of such change, and (b) all of its leases, privileges, Permitslicenses, permits, franchises, qualifications and rights that are necessary or desirable in the ordinary conduct of its business.
Appears in 1 contract
Samples: Security Agreement (Forum Oilfield Technologies Inc)