Common use of Preservation of Company Existence Clause in Contracts

Preservation of Company Existence. The Servicer will preserve and maintain its corporate existence, rights, franchises and privileges in the jurisdiction of its incorporation, and qualify and remain qualified in good standing as a corporation in each jurisdiction where the failure to preserve and maintain such existence, rights, franchises, privileges and qualification could reasonably be expected to have a Material Adverse Effect.

Appears in 29 contracts

Samples: Loan and Servicing Agreement (SLR Investment Corp.), Loan and Servicing Agreement (SLR Investment Corp.), Loan and Servicing Agreement (Ares Capital Corp)

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Preservation of Company Existence. The Servicer will preserve and maintain its corporate company existence, rights, franchises and privileges in the jurisdiction of its incorporationformation, and qualify and remain qualified in good standing as a corporation limited liability company in each jurisdiction where the failure to preserve and maintain such existence, rights, franchises, privileges and qualification has had, or could reasonably be expected to have have, a Material Adverse Effect.

Appears in 29 contracts

Samples: Sale and Servicing Agreement (Capitalsource Inc), Sale and Servicing Agreement (Capitalsource Inc), Sale and Servicing Agreement (Capitalsource Inc)

Preservation of Company Existence. The Servicer will preserve and maintain its corporate existence, rights, franchises and privileges in the jurisdiction of its incorporationformation, and qualify and remain qualified in good standing as a corporation in each jurisdiction where the failure to preserve and maintain such existence, rights, franchises, privileges and qualification could reasonably be expected to have a Material Adverse Effect.

Appears in 22 contracts

Samples: Loan and Servicing Agreement (FS KKR Capital Corp), Loan and Servicing Agreement (FS KKR Capital Corp), Loan and Servicing Agreement (FS KKR Capital Corp)

Preservation of Company Existence. The Servicer will preserve and maintain its corporate existence, rights, franchises and privileges in the jurisdiction of its incorporationformation, and qualify and remain qualified in good standing as a corporation in each jurisdiction where the failure to preserve and maintain such existence, rights, franchises, privileges and qualification could reasonably be expected to have a Material Adverse Effect.

Appears in 21 contracts

Samples: Loan and Servicing Agreement (HPS Corporate Lending Fund), Loan and Servicing Agreement (Diameter Credit Co), Loan and Servicing Agreement (Oaktree Strategic Credit Fund)

Preservation of Company Existence. The Servicer will preserve and maintain its corporate existence, rights, franchises and privileges in the jurisdiction of its incorporationformation, and qualify and remain qualified in good standing as a corporation in each jurisdiction where the failure to preserve and maintain such existence, rights, franchises, privileges and qualification has had, or could reasonably be expected to have have, a Material Adverse Effect.

Appears in 8 contracts

Samples: Loan and Servicing Agreement (NewStar Financial, Inc.), Loan and Servicing Agreement (NewStar Financial, Inc.), Secured Loan and Servicing Agreement (NewStar Financial, Inc.)

Preservation of Company Existence. The Servicer will preserve and maintain its corporate limited liability company existence, rights, franchises and privileges in the jurisdiction of its incorporationformation, and qualify and remain qualified in good standing as a corporation limited liability company in each jurisdiction where the failure to preserve and maintain such existence, rights, franchises, privileges and qualification could reasonably be expected to have a Material Adverse Effect.

Appears in 6 contracts

Samples: Loan and Security Agreement (North Haven Private Income Fund LLC), Loan and Servicing Agreement (Oaktree Strategic Credit Fund), Loan and Servicing Agreement (Oaktree Strategic Credit Fund)

Preservation of Company Existence. The Servicer will preserve and maintain its corporate organizational existence, rights, franchises and privileges in the jurisdiction of its incorporationformation, and qualify and remain qualified in good standing as a corporation limited liability company (or other applicable entity in the case of a successor Servicer), in each jurisdiction where the failure to preserve and maintain such existence, rights, franchises, privileges and qualification has had, or could reasonably be expected to have have, a Material Adverse Effect.

Appears in 6 contracts

Samples: Credit Agreement (CLST Holdings, Inc.), Revolving Credit Agreement (CLST Holdings, Inc.), Credit Agreement (CLST Holdings, Inc.)

Preservation of Company Existence. The Servicer will (i) preserve and maintain its corporate company existence, rights, franchises and privileges in the jurisdiction of its incorporation, formation and (ii) qualify and remain qualified in good standing as a corporation statutory trust in each jurisdiction where the failure to preserve and maintain such existence, rights, franchises, privileges and qualification could has had, or would reasonably be expected to have have, a Material Adverse Effect.

Appears in 6 contracts

Samples: Credit Agreement (Ares Strategic Income Fund), Loan and Servicing Agreement (AGL Private Credit Income Fund), Credit Agreement (Ares Strategic Income Fund)

Preservation of Company Existence. The Servicer will preserve and maintain its corporate existence, rights, franchises and privileges in the jurisdiction of its incorporationformation, and qualify and remain qualified in good standing as a corporation in each jurisdiction where the failure to preserve and maintain such existence, rights, franchises, privileges and qualification could would reasonably be expected to have a Material Adverse Effect.

Appears in 5 contracts

Samples: Loan and Servicing Agreement (First Eagle Private Credit Fund), Loan and Servicing Agreement (First Eagle Private Credit Fund), Loan and Servicing Agreement (BlackRock TCP Capital Corp.)

Preservation of Company Existence. The Servicer will preserve and maintain its corporate existence, rights, franchises and privileges in the jurisdiction of its incorporationformation, and qualify and remain qualified in good standing as a corporation in each jurisdiction where the failure to preserve and maintain such existence, rights, franchises, privileges and qualification could reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Loan and Servicing Agreement (FS KKR Capital Corp), Loan and Servicing Agreement (FS Investment Corp II)

Preservation of Company Existence. The Servicer will (i) preserve and maintain its corporate company existence, rights, franchises and privileges in the jurisdiction of its incorporation, formation and (ii) qualify and remain qualified in good standing as a corporation limited partnership in each jurisdiction where the failure to preserve and maintain such existence, rights, franchises, privileges and qualification could has had, or would reasonably be expected to have have, a Material Adverse Effect.

Appears in 2 contracts

Samples: Loan and Servicing Agreement (Blackstone Private Credit Fund), Financing and Servicing Agreement (Blackstone Private Credit Fund)

Preservation of Company Existence. The Servicer will (i) preserve and maintain its corporate company existence, rights, franchises and privileges in the jurisdiction of its incorporation, formation and (ii) qualify and remain qualified in good standing as a corporation in each jurisdiction where the failure to preserve and maintain such existence, rights, franchises, privileges and qualification has had, or could reasonably be expected to have have, a Material Adverse Effect.

Appears in 2 contracts

Samples: Loan and Security Agreement (Blue Owl Credit Income Corp.), Loan and Security Agreement (Owl Rock Core Income Corp.)

Preservation of Company Existence. The Servicer will preserve and maintain its corporate limited liability company existence, rights, franchises and privileges in the jurisdiction of its incorporationformation, and qualify and remain qualified in good standing as a corporation limited liability company, in each jurisdiction where the failure to preserve and maintain such existence, rights, franchises, privileges and qualification has had, or could reasonably be expected to have have, a Material Adverse Effect.

Appears in 2 contracts

Samples: Loan and Servicing Agreement (North Haven Private Income Fund LLC), Loan and Servicing Agreement (North Haven Private Income Fund LLC)

Preservation of Company Existence. The Servicer will preserve and maintain its corporate existence, rights, franchises and privileges in the jurisdiction of its incorporationformation, and qualify and remain qualified in good standing as a corporation in each jurisdiction where the failure to preserve and maintain such existence, rights, franchises, privileges and qualification could reasonably be expected to have have, a Material Adverse Effect.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Ares Capital Corp), Sale and Servicing Agreement (Ares Capital Corp)

Preservation of Company Existence. The Servicer will (i) preserve and maintain its corporate limited liability company existence, rights, franchises and privileges in the jurisdiction of its incorporation, formation and (ii) qualify and remain qualified in good standing as a corporation limited liability company in each jurisdiction where the failure to preserve and maintain such existence, rights, franchises, privileges and qualification could has had, or would reasonably be expected to have have, a Material Adverse Effect.

Appears in 2 contracts

Samples: Loan and Servicing Agreement (Antares Strategic Credit Fund), Loan and Servicing Agreement (Antares Strategic Credit Fund)

Preservation of Company Existence. The Servicer will preserve and maintain its corporate company existence, rights, franchises and privileges in the jurisdiction of its incorporationformation, and qualify and remain qualified in good standing as a corporation statutory trust in each jurisdiction where the failure to preserve and maintain such existence, rights, franchises, privileges and qualification could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Servicing Agreement (Onex Direct Lending BDC Fund)

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Preservation of Company Existence. The Servicer will preserve and maintain its corporate limited liability company existence, rights, franchises and privileges in the jurisdiction of its incorporationformation, and qualify and remain qualified in good standing as a corporation limited liability company in each jurisdiction where the failure to preserve and maintain such existence, 116 AmericasActive:18709990.5 rights, franchises, privileges and qualification could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Servicing Agreement (Oaktree Strategic Credit Fund)

Preservation of Company Existence. The Servicer will shall preserve and maintain its corporate existence, rights, franchises and privileges in the jurisdiction of its incorporation, formation and qualify and remain qualified in good standing as a foreign corporation in each jurisdiction where the failure to preserve and maintain such existence, rights, franchises, privileges and qualification could has had, or would reasonably be expected to have have, a Material Adverse Effect.

Appears in 1 contract

Samples: Servicing Agreement (American Color Graphics Inc)

Preservation of Company Existence. The Servicer will (i) preserve and maintain its corporate existence, rights, franchises and privileges in the jurisdiction of its incorporation, formation and (ii) qualify and remain qualified in good standing as a corporation in each jurisdiction where the failure to preserve and maintain such existence, rights, franchises, privileges and qualification could has had, or would reasonably be expected to have have, a Material Adverse Effect.

Appears in 1 contract

Samples: Security and Servicing Agreement (Monroe Capital Income Plus Corp)

Preservation of Company Existence. The Servicer will preserve and maintain its corporate company existence, rights, franchises and privileges in the jurisdiction of its incorporationformation, and qualify and remain qualified in good standing as a corporation limited liability company in each jurisdiction where the failure to preserve and maintain such existence, rights, franchises, privileges and qualification has had, or could reasonably be expected to have have, a Material Adverse Effect.. 100

Appears in 1 contract

Samples: Sale and Servicing Agreement (Capitalsource Inc)

Preservation of Company Existence. The Servicer will preserve and maintain its corporate existence, rights, franchises and privileges in the jurisdiction of its incorporation, and qualify and remain 118 DMSLIBRARY01\32370595.v1 qualified in good standing as a corporation in each jurisdiction where the failure to preserve and maintain such existence, rights, franchises, privileges and qualification could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Servicing Agreement (TCG Bdc, Inc.)

Preservation of Company Existence. The Servicer will (i) preserve and maintain its corporate organizational existence, rights, franchises and privileges in the jurisdiction of its incorporation, formation and (ii) qualify and remain qualified in good standing as a corporation in each jurisdiction where the failure to preserve and maintain such existence, rights, franchises, privileges and qualification could has had, or would reasonably be expected to have have, a Material Adverse Effect.

Appears in 1 contract

Samples: Loan Financing and Servicing Agreement (Blackstone Private Credit Fund)

Preservation of Company Existence. The Servicer will preserve and maintain its corporate organizational existence, rights, franchises and privileges in the jurisdiction of its incorporationformation, and qualify and remain qualified in good standing as a corporation limited liability company and as a corporation, respectively, in each jurisdiction where the failure to preserve and maintain such existence, rights, franchises, privileges and qualification has had, or could reasonably be expected to have have, a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Golub Capital BDC, Inc.)

Preservation of Company Existence. The Servicer will (i) preserve and maintain its corporate company existence, rights, franchises and privileges in the jurisdiction of its incorporation, formation and (ii) qualify and remain qualified in good standing as a corporation limited partnershipliability company in each jurisdiction where the failure to preserve and maintain such existence, rights, franchises, privileges and qualification could has had, or would reasonably be expected to have have, a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Servicing Agreement (Blackstone Private Credit Fund)

Preservation of Company Existence. The Servicer will (i) preserve and maintain its corporate companyorganizational existence, rights, franchises and privileges in the jurisdiction of its incorporation, formation and (ii) qualify and remain qualified in good standing as a corporation limited liability company in each jurisdiction where the failure to preserve and maintain such existence, rights, franchises, privileges and qualification could has had, or would reasonably be expected to have have, a Material Adverse Effect.

Appears in 1 contract

Samples: Loan Financing and Servicing Agreement (Blackstone Private Credit Fund)

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