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: Assignment and Assumption (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 (Michigan Consolidated Gas Co /Mi/), Credit Agreement (Detroit Edison Co), Credit Agreement (Michigan Consolidated Gas Co /Mi/)

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

Preservation of Corporate Existence, Etc. Preserve and maintain its corporate existence, 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 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: Day Credit Agreement (Monsanto Co /New/), Day Credit Agreement (Monsanto Co /New/), Credit Agreement (Monsanto Co /New/)

Preservation of Corporate Existence, Etc. Preserve The Borrower shall, and shall cause each of its Subsidiaries to, preserve and maintain its corporate existence, rights (charter and statutory) and franchises; provided, however, that the Borrower foregoing shall not be required require Borrower nor any of its Subsidiaries to preserve or maintain any right rights or franchise if the Board of Directors of the franchises which are no longer used by Borrower or such Subsidiary shall determine that the preservation thereof is no longer desirable its Subsidiaries in the conduct of their respective businesses or where the business preservation or maintenance of the Borrower and that the loss thereof such rights or franchises is not disadvantageous no longer economically feasible, 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’s reasonable discretion.

Appears in 2 contracts

Samples: Credit Agreement (Hearusa Inc), Credit Agreement (Hearx LTD)

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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 hereunderLender.

Appears in 1 contract

Samples: Loan Agreement (Adams Respiratory Therapeutics, 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 hereunder.Lenders. SIDLEY XXXXXX XXXXX & XXXX LLP 29

Appears in 1 contract

Samples: Credit Agreement (Detroit Edison Co)

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