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

Maintenance of Existence; Conduct of Business. Borrower shall, and shall cause each of its Subsidiaries to, preserve and maintain its 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, except to the extent a failure to so preserve and maintain could not result in a Material Adverse Event. Borrower shall, and shall cause each of its Subsidiaries to, conduct its business in an orderly and efficient manner in accordance with good business practices.

Appears in 12 contracts

Samples: Credit Agreement (Bgsf, Inc.), Credit Agreement (Bgsf, Inc.), Credit Agreement (Bgsf, Inc.)

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Maintenance of Existence; Conduct of Business. Except as permitted by Section 11.3, the Borrower shallwill, and shall will cause each Subsidiary of its Subsidiaries 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 or desirable in the ordinary conduct of its business, except to the extent a failure to so preserve and maintain could not result in a Material Adverse Event. The Borrower shallwill, and shall will cause each Subsidiary of its Subsidiaries 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. Borrower shall, and shall cause each of its Subsidiaries to, preserve and maintain its existence and all of its leases, privileges, licenses, permits, franchises, qualifications, and rights that are necessary or reasonably desirable in the ordinary conduct of its business, except to the extent a failure to so preserve and maintain could not reasonably be expected to result in a Material Adverse Event. Borrower shall, and shall cause each of its Subsidiaries to, conduct its business in an orderly and efficient manner in accordance with good business practices.

Appears in 4 contracts

Samples: Credit Agreement (Granite Ridge Resources, Inc.), Credit Agreement (Granite Ridge Resources, Inc.), Credit Agreement (Granite Ridge Resources, Inc.)

Maintenance of Existence; Conduct of Business. Borrower shallwill, and shall will cause each of its the Subsidiaries to, preserve and maintain its existence in good standing and shall do or cause to be done all things necessary to preserve and keep in full force and effect its legal existence and all of its leasesrights, privilegesPermits, licenses, permits, franchises, qualifications, privileges and rights that are necessary or desirable in franchises material to the ordinary conduct of its business, except to the extent a failure to so preserve and maintain could not result in a Material Adverse Event. Borrower shall, and shall cause each of its Subsidiaries to, conduct its business in an orderly and efficient manner in accordance with good business practices.

Appears in 4 contracts

Samples: Eighth Loan Modification Agreement (Coffee Holding Co Inc), Eighth Loan Modification Agreement (Coffee Holding Co Inc), Loan and Security Agreement (Coffee Holding Co Inc)

Maintenance of Existence; Conduct of Business. Borrower shall, and shall cause each of its Subsidiaries to, preserve and maintain its 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, except to the extent a failure to so preserve and maintain could not result in a Material Adverse Event. Borrower shall, and shall cause each of its Subsidiaries to, conduct its business in an orderly and efficient manner in accordance with good business practices.

Appears in 3 contracts

Samples: Credit Agreement (Cryo Cell International Inc), Credit Agreement (ProFrac Holding Corp.), Credit Agreement (Harte Hanks Inc)

Maintenance of Existence; Conduct of Business. Each Borrower shall, and shall cause each of its Subsidiaries to, preserve and maintain its corporate or partnership 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, except to the extent a failure to so preserve and maintain could not result in a Material Adverse Event. Borrower shall, and ; provided that nothing herein shall cause each of its Subsidiaries to, conduct its business in an orderly and efficient manner in accordance with good business practicesprevent any transaction permitted by Section 5.2(c).

Appears in 2 contracts

Samples: Credit Agreement (Freeport McMoran Inc), Credit Agreement (Freeport McMoran Resource Partners Limited Partnership)

Maintenance of Existence; Conduct of Business. (a) The Borrower shall, and shall cause each of its Subsidiaries to, preserve and maintain its legal existence and all of its leases, privileges, the licenses, permitsrights, franchises, qualificationsprivileges and franchises material to its business or necessary for the maintenance of its corporate existence, and rights that are necessary or desirable comply, in the ordinary conduct of all material respects, with its businessOrganizational Documents, except to the extent a (other than with respect to the preservation of the existence of the Borrower) that the failure to do so preserve and maintain could not result in reasonably be expected to have a Material Adverse Event. Borrower shall, and shall cause each of its Subsidiaries to, conduct its business in an orderly and efficient manner in accordance with good business practicesEffect.

Appears in 2 contracts

Samples: www.sec.gov, PCT LLC

Maintenance of Existence; Conduct of Business. The Borrower shall, and shall cause each of its Subsidiaries to, preserve and maintain its 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, except to the extent a failure to so preserve and maintain could not result in a Material Adverse Event. Borrower shall, and shall cause each of its Subsidiaries to, ; conduct its business in an orderly orderly, efficient and efficient manner in accordance with good business practicesregular manner; and shall not liquidate, merge, dissolve, suspend operations, or sell all or substantially all of its assets, or sell any assets.

Appears in 2 contracts

Samples: Revolving Credit Agreement (SharpLink Gaming Ltd.), Term Loan Agreement (SharpLink Gaming Ltd.)

Maintenance of Existence; Conduct of Business. (a) The Borrower shall, and shall cause each of its Subsidiaries to, preserve and maintain its legal existence and all of its leases, privileges, the licenses, permitsrights, franchises, qualificationsprivileges and franchises material to its business or necessary for the maintenance of its corporate existence, and rights that are necessary or desirable comply, in the ordinary conduct of all material respects, with its business, except to the extent a failure to so preserve and maintain could not result in a Material Adverse Event. Borrower shall, and shall cause each of its Subsidiaries to, conduct its business in an orderly and efficient manner in accordance with good business practicesOrganizational Documents.

Appears in 2 contracts

Samples: Credit Agreement, Credit Agreement (PCT LLC)

Maintenance of Existence; Conduct of Business. The Borrower shall, and shall cause each of its Subsidiaries to, preserve and maintain its 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, except to the extent a failure to so preserve and maintain could not result in a Material Adverse Event. Borrower shall, and shall cause each of its Subsidiaries to, ; conduct its business in an orderly orderly, efficient and efficient manner in accordance with good business practicesregular manner; and shall not liquidate, merge, dissolve, suspend operations, or sell all or substantially all of its assets.

Appears in 2 contracts

Samples: Revolving Loan Agreement (Virtual Radiologic CORP), Revolving Loan Agreement (Virtual Radiologic CORP)

Maintenance of Existence; Conduct of Business. The Borrower shallshall maintain, and shall cause each of its Subsidiaries to, preserve and maintain its corporate existence and preserve 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, except to the extent a failure to so preserve and maintain could not result in a Material Adverse Event. Borrower shall, and shall cause each of its Subsidiaries to, ; conduct its business in an orderly orderly, efficient and efficient manner in accordance with good business practicesregular manner.

Appears in 2 contracts

Samples: Revolving Credit and Term Loan Agreement (First Team Sports Inc), Revolving Credit and Term Loan Agreement (First Team Sports Inc)

Maintenance of Existence; Conduct of Business. Such Borrower shallwill preserve and maintain, and shall will cause each of its Subsidiaries 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, except to the extent a failure to so preserve and maintain could not result in a Material Adverse Event. Such Borrower shallwill conduct, and shall will cause each of its Subsidiaries toto conduct, conduct its business in an orderly and efficient manner in accordance with good business practices.

Appears in 1 contract

Samples: Loan Agreement (Marcum Natural Gas Services Inc/New)

Maintenance of Existence; Conduct of Business. (a) The Borrower shall, and shall cause each of its Significant Subsidiaries to, preserve and maintain its legal existence and all of its leases, privileges, the licenses, permitsrights, franchises, qualificationsprivileges and franchises material to its business or necessary for the maintenance of its corporate existence, and rights that are necessary or desirable comply, in the ordinary conduct of all material respects, with its business, except to the extent a failure to so preserve and maintain could not result in a Material Adverse Event. Borrower shall, and shall cause each of its Subsidiaries to, conduct its business in an orderly and efficient manner in accordance with good business practicesOrganizational Documents.

Appears in 1 contract

Samples: Credit Agreement (Pampa Energy Inc.)

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Maintenance of Existence; Conduct of Business. Each Borrower shall, and shall cause each of its Subsidiaries to, preserve and maintain its 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, except to the extent a failure to so preserve and maintain could not result in a Material Adverse Event. Each Borrower shall, and shall 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

Samples: Credit Agreement (Sunnova Energy International Inc.)

Maintenance of Existence; Conduct of Business. Borrower shall, and shall cause each of its Subsidiaries to, preserve and maintain its 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, except to the extent a failure to so preserve and maintain could not result in a Material Adverse Event. Borrower shall, and shall 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

Samples: Credit Agreement (TriState Capital Holdings, Inc.)

Maintenance of Existence; Conduct of Business. Borrower shall, and shall cause each of its Subsidiaries Affiliates to, preserve and maintain its 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, except to the extent a failure to so preserve and maintain could not result in a Material Adverse Event. Borrower shall, and shall cause each of its Subsidiaries Affiliates to, conduct its business in an orderly and efficient manner in accordance with good business practices.

Appears in 1 contract

Samples: Credit Agreement

Maintenance of Existence; Conduct of Business. Borrower shall, and shall cause each of its Subsidiaries to, preserve and maintain its 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, except to the extent a failure to so preserve and maintain could not reasonably be expected to result in a Material Adverse Event. Borrower shall, and shall 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

Samples: Credit Agreement (Guild Holdings Co)

Maintenance of Existence; Conduct of Business. The Borrower shall, and shall cause each of its Subsidiaries to, preserve and maintain its 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, except to the extent a failure to so preserve and maintain could not result in a Material Adverse Event. Borrower shall, and shall cause each of its Subsidiaries to, ; conduct its business in an orderly orderly, efficient and efficient manner regular manner; and, except as provided for in accordance with good N, below, shall not liquidate, merge, dissolve, suspend business practicesoperations, or sell all or substantially all of its assets or membership interests.

Appears in 1 contract

Samples: Loan Agreement (Dynamic Homes Inc)

Maintenance of Existence; Conduct of Business. The Borrower shallwill, and shall will cause each of its Subsidiaries to, preserve and maintain its legal existence (except as otherwise expressly permitted by Section 9.3) and all of its leases, privileges, licenses, permits, franchises, qualifications, qualifications and rights that are reasonably necessary or desirable in the ordinary conduct of its business, except to the extent a failure to so preserve and maintain could not result in a Material Adverse Event. The Borrower shallwill, and shall 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

Samples: Credit Agreement (MSR Exploration LTD)

Maintenance of Existence; Conduct of Business. (a) The Borrower shall, and shall cause each of its Subsidiaries to, preserve and maintain its legal existence and all of its leases, privileges, the licenses, permitsrights, franchises, qualificationsprivileges and franchises material to its business or necessary for the maintenance of its corporate existence, and rights that are necessary comply, in all material respects, with its Organizational Documents, except where any failure so to comply could not individually or desirable in the ordinary conduct of its business, except aggregate reasonably be expected to the extent a failure to so preserve and maintain could not result in have a Material Adverse Event. Borrower shall, and shall cause each of its Subsidiaries to, conduct its business in an orderly and efficient manner in accordance with good business practicesEffect.

Appears in 1 contract

Samples: Credit Agreement (PCT LLC)

Maintenance of Existence; Conduct of Business. Borrower shallwill, and shall will cause each of its Subsidiaries to, preserve and maintain its corporate existence and all of its material leases, privileges, licenses, permitsPermits, franchises, qualifications, qualifications and rights that are necessary or desirable in the ordinary conduct of its business, except to the extent a failure to so preserve and maintain could not result in a Material Adverse Event. Borrower shallwill, and shall 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

Samples: Credit Agreement (R&b Falcon Corp)

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