Common use of Preservation of Corporate Existence, Etc Clause in Contracts

Preservation of Corporate Existence, Etc. Preserve and maintain, and cause each of its Material Subsidiaries to preserve and maintain, its corporate existence, rights (charter and statutory) and franchises; provided, however, that each Loan Party and its Material Subsidiaries may consummate any merger or consolidation permitted under Section 5.02(b) and provided further that neither Loan Party nor any of its Material Subsidiaries shall be required to preserve any right or franchise if the Board of Directors of such Loan Party or such Subsidiary shall determine that the preservation thereof is no longer desirable in the conduct of the business of such Loan Party or such Subsidiary, as the case may be, and that the loss thereof is not disadvantageous in any material respect to such Loan Party, such Subsidiary or the Lenders.

Preservation of Corporate Existence, Etc. Preserve and maintain, and cause each of its Material Subsidiaries to preserve and maintain, its corporate existence, rights (charter and statutory) and franchises; provided, however, that each Loan Party and its Material Subsidiaries may consummate any merger or consolidation transaction permitted under Section 5.02(b) and provided further that neither any Loan Party nor any of its Material Subsidiaries shall be required to preserve any right or franchise if the Board of Directors senior management of such Loan Party or of such Subsidiary shall determine that the preservation thereof is no longer desirable in the conduct of the business of such Loan Party or such Subsidiary, as the case may be, and that the loss thereof is not disadvantageous in any material respect to such Loan Party, Party or such Subsidiary or the LendersSubsidiary.

Preservation of Corporate Existence, Etc. Preserve and maintain, and cause each of its Material Subsidiaries to preserve and maintain, its corporate existence, rights (charter and statutory) and franchises; provided, however, that each Loan Party and its Material Subsidiaries may consummate any merger or consolidation transaction permitted under Section 5.02(b) and provided further that neither any Loan Party nor any of its Material Subsidiaries shall be required to preserve any right or franchise if the Board of Directors senior management of such Loan Party or of such Subsidiary shall determine that the preservation thereof is no longer desirable in the conduct of the business of such Loan Party or such Subsidiary, as the case may be, and that the loss thereof is not disadvantageous in any material respect to such Loan Party, Party or such Subsidiary or to the interests of the Lenders.

Preservation of Corporate Existence, Etc. Preserve Each Loan Party shall preserve and maintain, and cause each of its Material Subsidiaries to preserve and maintain, its corporate existence, rights (charter and statutory) and franchises; , provided, however, that each of the Loan Party Parties and its Material Subsidiaries may consummate any merger or consolidation permitted under Section 5.02(b) and provided further that neither the Loan Party Parties nor any of its Material their Subsidiaries shall be required to preserve any right or franchise if the Board of Directors of such Loan Party or such Subsidiary shall determine that the preservation thereof is no longer desirable in the conduct of the business of such the relevant Loan Party or such Subsidiary, as the case may beits Subsidiaries, and that the loss thereof is not disadvantageous in any material respect to such the relevant Loan Party, such Subsidiary Party or its Subsidiaries or the Lenders.

Preservation of Corporate Existence, Etc. Preserve Each Loan Party shall preserve and maintain, and cause each of its Material Subsidiaries to preserve and maintain, its corporate existence, rights (charter and statutory) and franchises; provided, however, that each of the Loan Party Parties and its Material Subsidiaries may consummate any merger or consolidation permitted under Section 5.02(b) and (including for the avoidance of doubt, the Neptune Transactions); provided further that neither the Loan Party Parties nor any of its Material their Subsidiaries shall be required to preserve any right or franchise if the Board of Directors of such Loan Party or such Subsidiary shall determine that the preservation thereof is no longer desirable in the conduct of the business of such the relevant Loan Party or such Subsidiary, as the case may beits Subsidiaries, and that the loss thereof is not disadvantageous in any material respect to such the relevant Loan Party, such Subsidiary Party or its Subsidiaries or the Lenders.

Preservation of Corporate Existence, Etc. Preserve and maintain, and cause each of its Material Subsidiaries to preserve and maintain, its corporate existence, rights (charter and statutory) and franchises; provided, however, that each such Loan Party and its Material Subsidiaries may consummate any merger or consolidation permitted under Section 5.02(b) and provided further that neither such Loan Party nor any of its Material Subsidiaries shall be required to preserve any right or franchise if the Board of Directors (or equivalent governing body) of such Loan Party or such Subsidiary shall determine that the preservation thereof is no longer desirable in the conduct of the business of such Loan Party or such Subsidiary, as the case may be, and that the loss thereof is not disadvantageous in any material respect to such Loan Party, such Subsidiary or the Lenders.

Preservation of Corporate Existence, Etc. Preserve and maintain, and cause each of its Material Subsidiaries to preserve and maintain, its corporate existence, rights (charter and statutory) ), licenses and franchises; provided, however, that each Loan Party and its Material Subsidiaries may consummate any merger or consolidation transaction permitted under Section 5.02(b) and provided further that neither any Loan Party nor any of its Material Subsidiaries shall be required to preserve any license, right or franchise if the Board of Directors senior management of such Loan Party or of such Subsidiary shall determine that the preservation thereof is no longer desirable in the conduct of the business of such Loan Party or such Subsidiary, as the case may be, and that the loss thereof is not disadvantageous in any material respect to such Loan Party, Party or such Subsidiary or the LendersSubsidiary.

Preservation of Corporate Existence, Etc. Preserve and maintain, and cause each of its Material their respective Subsidiaries to preserve and maintain, its corporate existence, rights (charter and statutory) ), licenses and franchises; provided, however, that each Loan Party and its Material Subsidiaries may consummate any merger or consolidation transaction permitted under Section 5.02(b) and provided further that neither any Loan Party nor any of its Material Subsidiaries shall be required to preserve any license, right or franchise franchise, if the Board of Directors senior management of such Loan Party or of such Subsidiary shall determine that the preservation thereof is no longer desirable in the conduct of the business of such Loan Party or such the Subsidiary, as the case may be, and that the loss thereof is not disadvantageous in any material respect to such Loan Party, Party or such Subsidiary or the LendersSubsidiary.

Preservation of Corporate Existence, Etc. Preserve and maintain, and cause each of its Material Subsidiaries to preserve and maintain, its corporate existence, rights (charter and statutory) and franchises; provided, however, that each Loan Party the Borrower and its Material Subsidiaries may consummate any merger or consolidation permitted under Section 5.02(b5.02(d) and provided further that neither Loan Party nor any of its Material their Subsidiaries shall be required to preserve any right or franchise if the Board of Directors of such Loan Party or such Subsidiary shall determine that the preservation thereof is no longer desirable in the conduct of the business of such Loan Party or such Subsidiary, as the case may be, and that the loss thereof is not disadvantageous in any material respect to such Loan PartyParty or such Subsidiary, such Subsidiary as the case may be, or to the Lenders.

Preservation of Corporate Existence, Etc. Preserve and maintain, and cause each of its Material Subsidiaries to preserve and maintain, its corporate existence, legal structure, legal name, rights (charter and statutory) ), permits, licenses, approvals, privileges and franchises; provided, however, that each Loan Party and its Material Subsidiaries may consummate any merger or consolidation permitted under Section 5.02(b) and provided further that neither Loan Party Parent nor any of its Material Subsidiaries shall be required to preserve any right right, permit, license, approval, privilege or franchise if the Board of Directors of such Loan Party Parent or such Subsidiary shall determine Subsidiary, after consultation with the Restructuring Monitor, reasonably determines that the preservation thereof is no longer desirable in the conduct of the business of such Loan Party or such Subsidiary, as the case may be, and that the loss thereof is not disadvantageous in any material respect to such Loan Party, such Subsidiary or the Lenders.

Preservation of Corporate Existence, Etc. Preserve and maintain, and cause each of its Material Subsidiaries to preserve and maintain, its corporate existence, rights (charter and statutory) and franchises; provided, however, that each Loan Party and its Material Subsidiaries may consummate any merger or consolidation permitted under Section 5.02(b) and provided further provided, further, that neither Loan Party nor any of its Material Subsidiaries shall be required to preserve any right or franchise if the Board of Directors of such Loan Party or such Subsidiary shall determine that the preservation thereof is no longer desirable in the conduct of the business of such Loan Party or such Subsidiary, as the case may be, and that the loss thereof is not disadvantageous in any material respect to such Loan Party, such Subsidiary or the Lenders.

Preservation of Corporate Existence, Etc. Preserve and maintain, and cause each of its Material Subsidiaries to preserve and maintain, its corporate existence, rights (charter and statutory) and franchises; provided, however, that each Loan Party and its Material Subsidiaries may consummate any merger merger, amalgamation or consolidation permitted under Section 5.02(b5.02(c) and provided further that neither no Loan Party nor any and no Subsidiary of its Material Subsidiaries a Loan Party shall be required to preserve any right or franchise if the Board of Directors of such Loan Party or such Subsidiary shall determine that the preservation thereof is no longer desirable in the conduct of the business of such Loan Party or such Subsidiary, as the case may be, and that the loss thereof is not disadvantageous in any material respect to such Loan PartyParty or such Relevant Subsidiary, such Subsidiary as the case may be, or to the Lenders.

Preservation of Corporate Existence, Etc. Preserve and maintain, and cause each of its Material Subsidiaries to preserve and maintain, its corporate existence, rights (charter and statutory) and franchises; provided, however, that each Loan Party and its Material Subsidiaries may consummate (i) the Acquisition or (ii) any merger or consolidation permitted under Section 5.02(b) and provided further that neither Loan Party nor any of its Material Subsidiaries shall be required to preserve any right or franchise if the Board of Directors of such Loan Party or such Subsidiary shall determine that the preservation thereof is no longer desirable in the conduct of the business of such Loan Party or such Subsidiary, as the case may be, and that the loss thereof is not disadvantageous in any material respect to such Loan Party, such Subsidiary or the Lenders.