Common use of Preservation of Company Existence Clause in Contracts

Preservation of Company Existence. The Collateral Manager will (i) preserve and maintain its company existence, rights, franchises and privileges in the jurisdiction of its 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, a Material Adverse Effect.

Appears in 23 contracts

Samples: Loan and Security Agreement (Palmer Square Capital BDC Inc.), Loan and Security Agreement (New Mountain Finance Corp), Loan and Security Agreement (Palmer Square Capital BDC Inc.)

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Preservation of Company Existence. The Collateral Manager will (i) preserve and maintain its limited liability company existence, rights, franchises and privileges in the jurisdiction of its 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 has had, or could reasonably be expected to have, a Material Adverse Effect.

Appears in 16 contracts

Samples: Loan, Security and Collateral Management Agreement (AG Twin Brook Capital Income Fund), Loan and Security Agreement (New Mountain Guardian IV BDC, L.L.C.), Loan and Security Agreement (NMF SLF I, Inc.)

Preservation of Company Existence. The Collateral Manager will (i) preserve and maintain its company existence, rights, franchises and privileges in the jurisdiction of its formation incorporation 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, a Material Adverse Effect.

Appears in 8 contracts

Samples: Loan and Security Agreement (Oaktree Specialty Lending Corp), Loan and Security Agreement (Oaktree Specialty Lending Corp), Loan and Security Agreement (Oaktree Specialty Lending Corp)

Preservation of Company Existence. The Collateral Manager will (i) preserve and maintain its company existence, rights, franchises and privileges in the jurisdiction of its 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 has had, or could would reasonably be expected to have, a Material Adverse Effect.

Appears in 7 contracts

Samples: Loan and Servicing Agreement (Blue Owl Capital Corp III), Loan and Servicing Agreement (Blue Owl Capital Corp III), Loan and Servicing Agreement (Blue Owl Capital Corp III)

Preservation of Company Existence. The Collateral Manager will (i) preserve and maintain its company existence, rights, franchises and privileges in the jurisdiction of its 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 has had, or could reasonably be expected to have, a Material Adverse Effect.

Appears in 6 contracts

Samples: Loan and Security Agreement (Kayne Anderson BDC, Inc.), Loan, Security and Collateral Management Agreement (Investcorp Credit Management BDC, Inc.), Loan and Security Agreement (Kayne Anderson BDC, Inc.)

Preservation of Company Existence. The Collateral Manager will (i) preserve and maintain its company corporate existence, rights, franchises and privileges in the jurisdiction of its formation formation, and (ii) qualify and remain qualified in good standing as a corporation 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, a Material Adverse Effect.

Appears in 2 contracts

Samples: Loan and Servicing Agreement (Franklin BSP Lending Corp), Loan and Servicing Agreement (Business Development Corp of America)

Preservation of Company Existence. The Collateral Manager will (i) preserve and maintain its company existence, rights, franchises and privileges in the jurisdiction of its 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, a Material Adverse Effect.

Appears in 2 contracts

Samples: Loan and Security Agreement (Stepstone Private Credit Fund LLC), Loan and Security Agreement (Stepstone Private Credit Fund LLC)

Preservation of Company Existence. The Collateral Manager will (i) preserve and maintain its company statutory trust (or, after the Equityholder Conversion, corporate) existence, rights, franchises and privileges in the jurisdiction of its formation 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 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 Collateral Manager will (i) preserve and maintain its company existenceexistence as a corporation, rights, franchises and privileges in the jurisdiction of its formation 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 1 contract

Samples: Omnibus Amendment (Blue Owl Technology Finance Corp. II)

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Preservation of Company Existence. The Collateral Manager will (i) preserve and maintain its company corporate existence, rights, franchises and privileges in the jurisdiction of its formation 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 would reasonably be expected to have, have a Material Adverse Effect.. ‑136‑

Appears in 1 contract

Samples: Loan and Servicing Agreement (MSD Investment Corp.)

Preservation of Company Existence. The Each of the Equityholder and the Collateral Manager will (i) preserve and maintain its limited liability company existence, rights, franchises and privileges existence in the jurisdiction of its 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 existence and qualification has had, or could reasonably be expected to have, a Material Adverse Effect.

Appears in 1 contract

Samples: Loan, Security and Collateral Management Agreement (Phillip Street Middle Market Lending Fund LLC)

Preservation of Company Existence. The Collateral Manager will (i) preserve and maintain its company existence, rights, franchises and privileges in the jurisdiction of its 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, a Material Adverse Effect.. -97- USActive 55348338.2

Appears in 1 contract

Samples: Omnibus Amendment to Transaction Documents (Nuveen Churchill Direct Lending Corp.)

Preservation of Company Existence. The Collateral Manager Administrator will (i) preserve and maintain its company existence, rights, franchises and privileges in the jurisdiction of its 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 has had, or could reasonably be expected to have, a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (New Mountain Finance Corp)

Preservation of Company Existence. The Collateral Manager Administrator will (i) preserve and maintain its company existence, rights, franchises and privileges in the jurisdiction of its 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 has had, or could reasonably be expected to have, a Material Adverse Effect. For the avoidance of doubt, the merger of the Collateral Administrator in connection with the SPV Merger is permitted under this Section 5.3(b).

Appears in 1 contract

Samples: Loan and Security Agreement (New Mountain Finance Corp)

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