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

Preservation of Corporate Existence, Etc. Preserve and maintain its corporate existence, rights (charter and statutory) and franchises; provided, however, that the Borrower shall not be required to preserve any right or franchise if the Board of Directors of the Borrower or such Subsidiary shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Borrower and that the loss thereof is not disadvantageous in any material respect to the Borrower and its Subsidiaries taken as a whole or the ability of the Borrower to meet its obligations hereunder.

Appears in 45 contracts

Samples: Credit Agreement (DTE Electric Co), Credit Agreement (DTE Electric Co), Credit Agreement (DTE Electric Co)

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Preservation of Corporate Existence, Etc. Preserve and maintain its corporate existence, rights (charter and statutory) and franchises; provided, however, that the Borrower shall not be required to preserve any right or franchise if the Board of Directors of the Borrower or such Subsidiary shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Borrower and that the loss thereof is not disadvantageous in any material respect to the Borrower and its Subsidiaries taken as a whole or the ability of the Borrower to meet its obligations hereunderLenders.

Appears in 17 contracts

Samples: Credit Agreement (Detroit Edison Co), Credit Agreement (Michigan Consolidated Gas Co /Mi/), Credit Agreement (Dte Energy Co)

Preservation of Corporate Existence, Etc. Preserve and maintain its corporate existence, rights (charter and statutory) ), permits, approvals, licenses, privileges and franchises; provided, however, that the Borrower shall not be required to preserve any right or franchise if the Board of Directors of the Borrower or such Subsidiary shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Borrower Borrower, and that the loss thereof is not disadvantageous in any material respect to the Borrower and its Subsidiaries taken as a whole or the ability of the Borrower to meet its obligations hereunderLender.

Appears in 6 contracts

Samples: Revolving Credit Agreement (Liberty Entertainment, Inc.), Revolving Credit Agreement (Liberty Entertainment, Inc.), Revolving Credit Agreement (Liberty Entertainment, Inc.)

Preservation of Corporate Existence, Etc. Preserve and maintain its corporate existence, existence and its material rights (charter and statutory) and franchises; provided, however, that the Borrower may consummate any merger or consolidation permitted under Section 5.02(b) and provided further that the Borrower shall not be required to preserve any right or franchise if the Board of Directors of the Borrower or such Subsidiary shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Borrower Borrower, and that the loss thereof is not disadvantageous in any material respect to the Borrower and its Subsidiaries taken as a whole or the ability of the Borrower to meet its obligations hereunderBorrower.

Appears in 4 contracts

Samples: Term Loan Credit Agreement (At&t Inc.), Term Loan Credit Agreement (At&t Inc.), Term Loan Credit Agreement (At&t Inc.)

Preservation of Corporate Existence, Etc. Preserve and maintain its corporate existence, rights (charter and statutory) and franchises; provided, however, that the Borrower shall not be required to preserve any right or franchise if the Board of Directors of the Borrower or such Subsidiary shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Borrower and that the loss thereof is not disadvantageous in any material respect to the Borrower and its Subsidiaries taken as a whole or the ability of the Borrower to meet its obligations hereunder.Lenders. SIDLEY XXXXXX XXXXX & XXXX LLP 29

Appears in 1 contract

Samples: Credit Agreement (Detroit Edison Co)

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Preservation of Corporate Existence, Etc. Preserve and maintain its corporate existence, rights (charter and statutory) and franchises; provided, however, that the Borrower applicable Obligor shall not be required to preserve any right or franchise if the Board of Directors of the Borrower or such Subsidiary Company shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Borrower applicable Obligor and that the loss thereof is not disadvantageous in any material respect to the Borrower and its Subsidiaries taken as a whole applicable Obligor or the ability of the Borrower Company or the applicable Obligor to meet its obligations hereunder.

Appears in 1 contract

Samples: Reimbursement Agreement (Surf Air Mobility Inc.)

Preservation of Corporate Existence, Etc. Preserve and maintain its corporate organizational existence, rights (charter and statutory) rights, and franchises, except as otherwise permitted by Section 8.02(b); provided, however, that the Borrower shall not be required to preserve any right or franchise if the Board of Directors of the Borrower or such Subsidiary shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Borrower and that the loss thereof is not disadvantageous in any material respect materially adverse to the financial condition or operations of the Borrower and its Consolidated Subsidiaries (taken as a whole or the ability of the Borrower to meet its obligations hereunderwhole).

Appears in 1 contract

Samples: Credit Agreement (Baxter International Inc)

Preservation of Corporate Existence, Etc. Preserve and maintain its corporate existence, rights (charter and statutory) and franchises; provided, however, that the Borrower shall not be required to preserve any right or franchise if the Board of Directors of the Borrower or such Subsidiary shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Borrower and that the loss thereof is not disadvantageous in any material respect to the Borrower and its Subsidiaries taken as a whole or the ability of the Borrower to meet its obligations hereunderLender.

Appears in 1 contract

Samples: Loan Agreement (Adams Respiratory Therapeutics, Inc.)

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