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

Maintenance of Existence; Conduct of Business. Preserve and maintain its corporate existence in good standing and all of its rights, privileges, licenses and franchises necessary or desirable in the normal conduct of its business, including its eligibility as lender, seller/servicer and issuer described under Section 9.1; conduct its business in an orderly and efficient manner; maintain a net worth of acceptable assets as required for maintaining Borrower's eligibility as lender, seller/servicer and issuer described under Section 9.1; and make no material change in the nature or character of its business or engage in any business in which it was not engaged on the date of this Agreement.

Appears in 2 contracts

Samples: Gmac Residential Funding (American Business Financial Services Inc /De/), Warehousing Credit and Security Agreement (MortgageIT Holdings, Inc.)

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Maintenance of Existence; Conduct of Business. Preserve and maintain its corporate existence in good standing and all of its rights, privileges, licenses and franchises necessary or desirable in the normal conduct of its business, including including, without limitation, its eligibility as lender, seller/servicer and issuer described under Section 9.15.13 hereof; conduct its business in an orderly and efficient sufficient manner; maintain a net worth of acceptable assets as required for maintaining Borrowerthe Company's eligibility as lender, seller/servicer and issuer described under Section 9.15.13 hereof; and make no material change in the nature or character of its business or engage in any business in which it was not engaged on the date of this Agreement.

Appears in 2 contracts

Samples: Warehousing Credit and Security Agreement (Mortgage Com Inc), Warehousing Credit and Security Agreement (Mortgage Com Inc)

Maintenance of Existence; Conduct of Business. Preserve and maintain its corporate each Borrower’s organizational existence in good standing and all of its rights, privileges, licenses and franchises necessary or desirable in the normal conduct of its business, including its eligibility as lender, seller/servicer and or issuer as described under Section 9.1; conduct its business in an orderly and efficient manner; maintain a net worth of acceptable assets as required for maintaining each Borrower's ’s eligibility as lender, seller/servicer and or issuer as described under Section 9.1; and make no material change in the nature or character of its business or engage in any business in which it was not engaged on the date of this Agreement.

Appears in 2 contracts

Samples: Credit and Security Agreement (Lennar Corp /New/), Credit and Security Agreement (Lennar Corp /New/)

Maintenance of Existence; Conduct of Business. Preserve and maintain its corporate existence in good standing and all of its rights, privileges, licenses and franchises necessary or desirable in the normal conduct of its business, including including, without limitation, its eligibility as lender, seller/servicer and issuer described under Section 9.15.13 hereof; conduct its business in an orderly and efficient manner; maintain a net worth of acceptable assets as required for maintaining Borrowerthe Company's eligibility as lender, seller/servicer and issuer described under Section 9.15.13 hereof; and make no material change in the nature or character of its business or engage in any business in which it was not engaged on the date of this Agreement.

Appears in 2 contracts

Samples: Term Loan and Security Agreement (Accredited Home Lenders Holding Co), Term Loan and Security Agreement (Accredited Home Lenders Holding Co)

Maintenance of Existence; Conduct of Business. Preserve and maintain its corporate existence as a limited liability company in good standing and all of its rights, privileges, licenses and franchises necessary or desirable in the normal conduct of its business, including its eligibility as lender, seller/servicer and or issuer as described under Section 9.19.4; conduct its business in an orderly and efficient manner; maintain a net worth of acceptable assets as required for maintaining Borrower's ’s eligibility as lender, seller/servicer and or issuer as described under Section 9.19.4; and make no material change in the nature or character of its business or engage in any business in which it was not engaged on the date of this Agreement.

Appears in 1 contract

Samples: Credit and Security Agreement (Walker & Dunlop, Inc.)

Maintenance of Existence; Conduct of Business. Preserve and --------------------------------------------- maintain its corporate existence in good standing and all of its rights, privileges, licenses licenses, qualifications and franchises necessary or desirable in the normal conduct of its business, including including, without limitation, its eligibility as lender, seller/servicer an approved lender and issuer as described under Section 9.15.27 ------------ hereof; conduct its business in an orderly and efficient manner; maintain a net worth of acceptable assets as required by its Investors at any and all times for maintaining the Borrower's eligibility status as a FHA approved lender, seller/servicer and issuer described under Section 9.1; and make no material change in the nature or character of its business or engage in any business in which it was not engaged on the date of this Agreement.

Appears in 1 contract

Samples: Credit and Security Agreement (Homecapital Investment Corp)

Maintenance of Existence; Conduct of Business. Preserve and maintain its corporate each Borrower’s organizational existence in good standing and all of its rights, privileges, licenses and franchises necessary or desirable in the normal conduct of its business, including its eligibility as lender, seller/servicer and issuer described under Section 9.1; conduct its business in an orderly and efficient manner; maintain a net worth of acceptable assets as required for maintaining each Borrower's ’s eligibility as lender, seller/servicer and issuer described under Section 9.1; and make no material change in the nature or character of its business or engage in any business in which it was not engaged on the date of this Agreement.

Appears in 1 contract

Samples: Credit and Security Agreement (Lennar Corp /New/)

Maintenance of Existence; Conduct of Business. Preserve and maintain its corporate existence as a limited liability company, in good standing and all of its rights, privileges, licenses and franchises necessary or desirable in the normal conduct of its business, including its eligibility as lender, seller/servicer and or issuer as described under Section 9.1; conduct its business in an orderly and efficient manner; maintain a net worth of acceptable assets as required for maintaining Borrower's ’s eligibility as lender, seller/servicer and or issuer as described under Section 9.1; and make no material change in the nature or character of its business or engage in any business in which it was not engaged on the date of this Agreement, except as contemplated by the CW Transaction.

Appears in 1 contract

Samples: Warehousing Credit and Security Agreement (Walker & Dunlop, Inc.)

Maintenance of Existence; Conduct of Business. Preserve and maintain its corporate existence in good standing and all of its rights, privileges, licenses and franchises necessary or desirable in the normal conduct of its business, including including, without limitation, its eligibility as lender, seller/servicer and issuer described under Section 9.15.13 hereof; conduct its business in an orderly and efficient manner; maintain a net worth of acceptable assets as required for maintaining Borrowerthe Company's eligibility as lender, seller/servicer and issuer described under Section 9.15.13 hereof; and make no material not change in the nature or character of its business or business; not engage in any business in which it was not engaged on the date of this Agreement; and not change its name, state of incorporation or principal place of business.

Appears in 1 contract

Samples: Credit and Security Agreement (U S Home Corp /De/)

Maintenance of Existence; Conduct of Business. Preserve and maintain its corporate existence as a limited liability company in good standing and all of its rights, privileges, licenses and franchises necessary or desirable in the normal conduct of its business, including its eligibility as lenderLender, seller/servicer and or issuer as described under Section 9.19.4; conduct its business in an orderly and efficient manner; maintain a net worth of acceptable assets as required for maintaining Borrower's ’s eligibility as lenderLender, seller/servicer and or issuer as described under Section 9.19.4; and make no material change in the nature or character of its business or engage in any business in which it was not engaged on the date of this Agreement.

Appears in 1 contract

Samples: Credit and Security Agreement (Walker & Dunlop, Inc.)

Maintenance of Existence; Conduct of Business. Preserve and maintain its their corporate existence in good standing and all of its their rights, privileges, licenses and franchises necessary or desirable in the normal conduct of its business, including its including, without limitation, their eligibility as lender, seller/servicer and issuer described under Section 9.15.13 hereof; conduct its their business in an orderly and efficient manner; maintain a net worth of acceptable assets as required for maintaining Borrower's the Borrowers' eligibility as lender, seller/servicer and issuer described under Section 9.15.13 hereof; and make no material change in the nature or character of its their business or engage in any business in which it was they were not engaged on the date of this Agreement.

Appears in 1 contract

Samples: Warehousing Credit and Security Agreement (BNC Mortgage Inc)

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Maintenance of Existence; Conduct of Business. Preserve and maintain its their corporate existence in good standing and all of its their rights, privileges, licenses 6 and franchises necessary or desirable in the normal conduct of its business, including its including, without limitation, their eligibility as lender, seller/servicer and issuer described under Section 9.15.13 hereof; conduct its their business in an orderly and efficient manner; maintain a net worth of acceptable assets as required for maintaining Borrower's the Borrowers' eligibility as lender, seller/servicer and issuer described under Section 9.15.13 hereof; and make no material not change in the nature or character of its business or their business; not engage in any business in which it was not engaged on the date of this Agreement; and not change their name, state of incorporation or principal place of business.

Appears in 1 contract

Samples: Warehousing Credit and Security Agreement (BNC Mortgage Inc)

Maintenance of Existence; Conduct of Business. Preserve and maintain its their corporate existence in good standing and all of its their rights, privileges, licenses and franchises necessary or desirable in the normal conduct of its their business, including its including, without limitation, their eligibility as lender, seller/servicer and issuer described under Section 9.15.13 hereof; conduct its business their businesses in an orderly and efficient manner; maintain a net worth of acceptable assets as required for maintaining Borrower's the Borrowers' eligibility as lender, seller/servicer and issuer described under Section 9.15.13 hereof; and make no material change in the nature or character of its business their businesses or engage in any business in which it was they were not engaged on the date of this Agreement.

Appears in 1 contract

Samples: Credit and Security Agreement (WMF Group LTD)

Maintenance of Existence; Conduct of Business. Preserve and maintain its corporate existence as a limited liability company in good standing and all of its rights, privileges, licenses and franchises necessary or desirable in the normal conduct of its business, including its eligibility as lender, seller/servicer and or issuer as described under Section 9.19.4; conduct its business in an orderly and efficient manner; maintain a net worth of acceptable assets as required for maintaining the Borrower's ’s eligibility as lender, seller/servicer and or issuer as described under Section 9.19.4; and make no material change in the nature or character of its business or engage in any business in which it was not engaged on the date of this Agreement.

Appears in 1 contract

Samples: Credit and Security Agreement (Walker & Dunlop, Inc.)

Maintenance of Existence; Conduct of Business. Preserve and maintain --------------------------------------------- its corporate existence in good standing and all of its rights, privileges, licenses licenses, qualifications and franchises necessary or desirable in the normal conduct of its business, including including, without limitation, its eligibility as lender, seller/servicer an approved lender and issuer as described under Section 9.15.13 hereof; conduct its ------------ business in an orderly and efficient manner; continuously maintain a net worth of acceptable assets as required by its Investors for maintaining Borrowerthe Company's eligibility status as a FHA approved lender, seller/servicer and issuer described under Section 9.1; and make no material change in the nature or character of its business or engage in any business in which it was not engaged on the date of this Agreement.

Appears in 1 contract

Samples: Revolving Credit and Security Agreement (Preferred Credit Corp)

Maintenance of Existence; Conduct of Business. Preserve and maintain its corporate existence as a limited liability company, in good standing and all of its rights, privileges, licenses and franchises necessary or desirable in the normal conduct of its business, including its eligibility as lender, seller/servicer and or issuer as described under Section 9.1; conduct its business in an orderly and efficient manner; maintain a net worth of acceptable assets as required for maintaining Borrower's ’s eligibility as lender, seller/servicer and or issuer as described under Section 9.1; and make no material change in the nature or character of its business or engage in any business in which it was not engaged on the date of this Agreement.

Appears in 1 contract

Samples: Mortgage Warehousing Credit and Security Agreement (Walker & Dunlop, Inc.)

Maintenance of Existence; Conduct of Business. Preserve and maintain its corporate existence in good standing and all of its rights, privileges, licenses and franchises necessary or desirable in the normal conduct of its business, including including, without limitation, its eligibility as lender, seller/servicer and issuer described under Section 9.15.13 hereof; conduct its business in an orderly and efficient manner; maintain a net worth of acceptable assets as required at any and all times for maintaining Borrowerthe Company's eligibility status as lendera FHA, seller/servicer and issuer described under Section 9.1FNMA or FHLMC approved mortgagee or GNMA issuer; and make no material change in the nature or character of its business or engage in any business in which it was not engaged on the date of this Agreement.

Appears in 1 contract

Samples: Warehousing Credit and Security Agreement (Amresco Inc)

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