Common use of Preservation of Company Existence Clause in Contracts

Preservation of Company Existence. The Borrower will maintain its limited liability company existence in good standing under the laws of its jurisdiction of formation and will promptly obtain and thereafter maintain qualifications to do business as a foreign limited liability company in any other state in which it does business and in which it is required to so qualify under Applicable Law.

Appears in 27 contracts

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

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Preservation of Company Existence. The Borrower will (i) preserve and maintain its limited liability company existence existence, rights, franchises and privileges in the jurisdiction of its formation, (ii) qualify and remain qualified in good standing under the laws of its jurisdiction of formation and will promptly obtain and thereafter maintain qualifications to do business as a foreign limited liability company in any other state 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, a Material Adverse Effect and (iii) maintain the Borrower LLC Agreement in which it does business full force and in which it is required to so qualify under Applicable Laweffect.

Appears in 19 contracts

Samples: Loan and Security Agreement (New Mountain Guardian IV BDC, L.L.C.), Loan and Security Agreement (NMF SLF I, Inc.), Loan and Security Agreement (New Mountain Finance Corp)

Preservation of Company Existence. The Borrower will preserve and maintain its limited liability company existence existence, rights, franchises and privileges in the jurisdiction of its formation, and qualify and remain in good standing as a limited liability company under the laws of its jurisdiction of formation formation, and will promptly obtain and thereafter maintain qualifications to do business as a foreign limited liability company in any other state in which it does business and in which it is required to so qualify under Applicable Law.

Appears in 18 contracts

Samples: Loan and Servicing Agreement (SLR Investment Corp.), Loan and Servicing Agreement (SLR Investment Corp.), Ninth Amendment to the Loan and Servicing Agreement (SLR Senior Investment Corp.)

Preservation of Company Existence. The Borrower will preserve and maintain its limited liability company existence in good standing under the laws of its jurisdiction of formation and will promptly obtain and thereafter maintain qualifications to do business as a foreign limited liability company in any other state in which it does business and in which it is required to so qualify under Applicable Law.

Appears in 10 contracts

Samples: Loan and Servicing Agreement (Antares Private Credit Fund), Loan and Servicing Agreement (Franklin BSP Capital Corp), Loan and Servicing Agreement (Franklin BSP Capital Corp)

Preservation of Company Existence. The Subject to Section 5.02(f), the Borrower will preserve and maintain its limited liability company existence existence, rights, franchises and privileges in good standing under the laws jurisdiction of its jurisdiction of formation and will promptly obtain and thereafter maintain qualifications to do business as a foreign limited liability company in any other state jurisdiction in which it does business and in which it is required to so qualify under Applicable LawLaw except where the failure to so qualify would not reasonably be expected to have a Material Adverse Effect.

Appears in 8 contracts

Samples: Loan and Servicing Agreement (Carlyle Credit Solutions, Inc.), Loan and Servicing Agreement (Carlyle Credit Solutions, Inc.), Loan and Servicing Agreement (Carlyle Secured Lending III)

Preservation of Company Existence. The Borrower will preserve and maintain its limited liability company existence existence, rights, franchises and privileges in the jurisdiction of its formation, and qualify and remain qualified in good standing under the laws of its jurisdiction of formation and will promptly obtain and thereafter maintain qualifications to do business as a foreign limited liability company in any other state in which it does business each jurisdiction where the failure to preserve and in which it is required maintain such existence, rights, franchises, privileges and qualification has had, or could reasonably be expected to so qualify under Applicable Lawhave, a Material Adverse Effect.

Appears in 6 contracts

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

Preservation of Company Existence. The Borrower will maintain its limited liability company existence in good standing under the laws of its jurisdiction of formation and will promptly obtain and thereafter maintain qualifications to do business as a foreign limited liability company in any other state jurisdiction in which it does business and in which it is required to so qualify under Applicable Law.

Appears in 5 contracts

Samples: Loan and Servicing Agreement (FS Investment Corp II), Loan and Security Agreement (FS Investment Corp III), Loan and Servicing Agreement (FS Energy & Power Fund)

Preservation of Company Existence. The Borrower will preserve and maintain its limited liability company existence in good standing under the laws of its jurisdiction of formation and will promptly obtain and thereafter maintain qualifications to do business as a foreign limited liability company in any other state jurisdiction in which it does business and in which it is required to so qualify under Applicable LawLaw where the failure to preserve and maintain such qualification would reasonably be expected to have a Material Adverse Effect.

Appears in 4 contracts

Samples: Loan and Servicing Agreement (AG Twin Brook Capital Income Fund), Loan and Security Agreement (Stepstone Private Credit Fund LLC), Loan and Servicing Agreement (AGTB Private BDC)

Preservation of Company Existence. The Subject to Section 5.02(f), the Borrower will preserve and maintain its limited liability company existence existence, rights, franchises and privileges in good standing under the laws jurisdiction of its jurisdiction of formation and will promptly obtain and thereafter maintain qualifications to do business as a foreign limited liability company in any other state in which it does business and in which it is required to so qualify under Applicable Law.

Appears in 3 contracts

Samples: Loan and Servicing Agreement (KKR Real Estate Finance Trust Inc.), Loan and Servicing Agreement (KKR Real Estate Finance Trust Inc.), Loan and Servicing Agreement (KKR Real Estate Finance Trust Inc.)

Preservation of Company Existence. The Borrower will maintain its limited liability company existence in good standing under the laws of its jurisdiction of formation and will promptly obtain and thereafter maintain qualifications to do business as a foreign limited liability company in any other state in which it does business and in which it is required to so qualify under Applicable Law, in each case (other than in respect of maintenance of its existence) where the failure to obtain and maintain such standing and qualification could reasonably be expected to have a Material Adverse Effect.

Appears in 3 contracts

Samples: Loan and Servicing Agreement (Solar Capital Ltd.), Consent and Omnibus Amendment (Solar Capital Ltd.), Consent and Omnibus Amendment (Solar Senior Capital Ltd.)

Preservation of Company Existence. The Borrower will preserve and maintain its limited liability company existence in good standing under the laws of its jurisdiction of formation and will promptly obtain and thereafter maintain qualifications to do business as a foreign limited liability company in any other state in which it does business and in which it is required to so qualify under Applicable Law. The Borrower shall not change its jurisdiction of formation and registration without the consent of each Lender.

Appears in 3 contracts

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

Preservation of Company Existence. The Borrower (i) will maintain its limited liability company existence in good standing under the laws of its jurisdiction of formation and (ii) will promptly obtain and thereafter maintain qualifications to do business as a foreign limited liability company in any other state jurisdiction in which it does business and in which it is required to so qualify under Applicable Law.

Appears in 2 contracts

Samples: Loan and Servicing Agreement (KKR Enhanced US Direct Lending Fund-L Inc.), Loan and Servicing Agreement (KKR Enhanced US Direct Lending Fund-L Inc.)

Preservation of Company Existence. The Borrower will preserve and maintain its limited liability company existence in good standing under the laws of its jurisdiction of formation and will promptly (but in no event later than two (2) Business Days) obtain and thereafter maintain qualifications to do business as a foreign limited liability company in any other state in which it does business and in which it is required to so qualify under Applicable LawLaw where the failure to preserve and maintain such qualification would reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Loan and Servicing Agreement (First Eagle Private Credit Fund), Loan and Servicing Agreement (First Eagle Private Credit Fund)

Preservation of Company Existence. The Borrower will preserve and maintain its limited liability company existence in good standing under the laws of its jurisdiction of formation and will promptly obtain and thereafter maintain qualifications to do business as a foreign limited liability company in any other state in which it does business and in which it is required to so qualify under Applicable LawLaw where the failure to preserve and maintain such qualification would reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Loan and Servicing Agreement (BlackRock TCP Capital Corp.), Loan and Servicing Agreement (BlackRock TCP Capital Corp.)

Preservation of Company Existence. The Borrower will maintain its limited liability company existence in good standing under the laws of its jurisdiction of formation or incorporation and will promptly obtain and thereafter maintain qualifications to do business as a foreign limited liability company in any other state jurisdiction in which it does business and in which it is required to so qualify under Applicable Law.

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 Borrower will preserve and maintain its limited liability company existence in good standing under the laws of its jurisdiction of formation and will promptly obtain and thereafter maintain qualifications to do business as a foreign limited liability company in any other state in which it does business and in which it is required to so qualify under Applicable Law, except where the failure to do so would not reasonably be expected to result in a Material Adverse Effect.

Appears in 2 contracts

Samples: Loan and Servicing Agreement (Oaktree Strategic Credit Fund), Loan and Servicing Agreement (Apollo Debt Solutions BDC)

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Preservation of Company Existence. The Borrower will shall preserve and maintain its limited liability company existence existence, rights, franchises and privileges in the jurisdiction of its organization, and qualify and remain qualified in good standing under the laws of its jurisdiction of formation and will promptly obtain and thereafter maintain qualifications to do business as a foreign limited liability company corporation in any other state in which it does business each jurisdiction where the failure to preserve and in which it is required to so qualify under Applicable Lawmaintain such existence, rights, franchises, privileges and qualification would have a Material Adverse Effect.

Appears in 2 contracts

Samples: Loan and Security Agreement (National Medical Health Card Systems Inc), Loan and Security Agreement (Staff Builders Inc /De/)

Preservation of Company Existence. The Borrower will preserve and maintain its limited liability company partnership existence in good standing under the laws of its jurisdiction of formation and will promptly obtain and thereafter maintain qualifications to do business as a foreign limited liability company partnership in any other state in which it does business and in which it is required to so qualify under Applicable Law.

Appears in 2 contracts

Samples: Loan and Servicing Agreement (HPS Corporate Lending Fund), Loan and Servicing Agreement (HPS Corporate Lending Fund)

Preservation of Company Existence. The Borrower will preserve and maintain its limited liability company existence in good standing under the laws of its jurisdiction of formation and will promptly (but in no event later than ten (10) Business Days) obtain and thereafter maintain qualifications to do business as a foreign limited liability company in any other state in which it does business and in which it is required to so qualify under Applicable Law, except where the failure to do so would not reasonably be expected to result in a Material Adverse Effect.

Appears in 2 contracts

Samples: Loan and Servicing Agreement (Diameter Credit Co), Loan and Servicing Agreement (Diameter Credit Co)

Preservation of Company Existence. The Borrower will shall preserve and maintain its limited liability company existence existence, rights, franchises and privileges in the jurisdiction of its organization, and qualify and remain qualified in good standing under the laws of its jurisdiction of formation and will promptly obtain and thereafter maintain qualifications to do business as a foreign limited liability company corporation in any other state each jurisdiction where the failure to preserve and maintain such existence, rights, franchises, privileges and qualification would result in which it does business and in which it is required to so qualify under Applicable Lawa Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Five Star Quality Care Inc)

Preservation of Company Existence. The Borrower will maintain its limited liability company existence in good standing under the laws of its jurisdiction of formation and will promptly obtain and thereafter maintain qualifications to do business as a foreign limited liability -86- company in any other state in which it does business and in which it is required to so qualify under Applicable Law.

Appears in 1 contract

Samples: Loan and Servicing Agreement (Business Development Corp of America)

Preservation of Company Existence. The Borrower will (i) preserve and maintain its limited liability company existence in good standing under the laws of its jurisdiction of formation and (ii) will promptly obtain and thereafter maintain qualifications to do business as a foreign limited liability company in any other state in which it does business and in which it is required to so qualify under Applicable LawLaw where the failure to maintain such qualification would reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Servicing Agreement (Overland Advantage)

Preservation of Company Existence. The Subject to Section 5.02(n), the Borrower will preserve and maintain its limited liability company existence existence, rights, franchises and privileges in good standing under the laws jurisdiction of its jurisdiction of formation and will promptly obtain and thereafter maintain qualifications to do business as a foreign limited liability company in any other state jurisdiction in which it does business and in which it is required to so qualify under Applicable Law.

Appears in 1 contract

Samples: Loan and Servicing Agreement (Business Development Corp of America)

Preservation of Company Existence. The Borrower will (i) preserve and maintain its limited liability company existence existence, rights, franchises and privileges in the jurisdiction of its formation, (ii) qualify and remain qualified in good standing under the laws of its jurisdiction of formation and will promptly obtain and thereafter maintain qualifications to do business as a foreign limited liability company in any other state in which it does business each jurisdiction where the failure to preserve and in which it is required to so qualify under Applicable Lawmaintain such existence, USActive 55525956.1255525956.

Appears in 1 contract

Samples: Loan and Security Agreement (NMF SLF I, Inc.)

Preservation of Company Existence. The Borrower will preserve and maintain its limited liability company existence in good standing under the laws of its jurisdiction of formation and will promptly obtain and thereafter maintain qualifications to do business as a foreign limited liability company in any other state in which it does business and in which it is required to so qualify under Applicable Law. The Borrower shall not change its jurisdiction of formation without the consent of each Lender.

Appears in 1 contract

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

Preservation of Company Existence. The Borrower will preserve and maintain its limited liability company existence existence, rights, franchises and privileges in the jurisdiction of its formation, and qualify and remain in good standing as a limited liability company under the laws of its jurisdiction of formation formation, and will promptly obtain and thereafter maintain qualifications to do business as a foreign limited liability 108 DMSLIBRARY01\32370595.v1 company in any other state in which it does business and in which it is required to so qualify under Applicable Law.

Appears in 1 contract

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

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