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

Preservation of Corporate Existence, Etc. Each Credit Party shall, and shall cause each of its Subsidiaries to: (a) preserve and maintain in full force and effect its organizational existence and good standing under the laws of its jurisdiction of incorporation, organization or formation, as applicable, except, with respect to the Borrowers’ Subsidiaries, in connection with transactions permitted by Section 5.3; (b) preserve and maintain in full force and effect all rights, privileges, qualifications, permits, licenses and franchises necessary in the normal conduct of its business except in connection with transactions permitted by Section 5.3 and sales of assets permitted by Section 5.2 and except as would not reasonably be expected to have, either individually or in the aggregate, a Material Adverse Effect; (c) use its reasonable efforts, in the Ordinary Course of Business, to preserve its business organization and preserve the goodwill and business of the customers, suppliers and others having material business relations with it; and (d) preserve or renew all of its registered trademarks, trade names and service marks, the non-preservation of which would reasonably be expected to have, either individually or in the aggregate, a Material Adverse Effect.

Appears in 5 contracts

Samples: Credit Agreement (Cryolife Inc), Credit Agreement (Cryolife Inc), Credit Agreement (Cryolife Inc)

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Preservation of Corporate Existence, Etc. Each Such Credit Party shall, and shall cause each of its Subsidiaries to: (a) preserve and maintain in full force and effect its organizational existence and good standing under the laws of its jurisdiction of incorporation, organization or formation, as applicable, except, with respect to the Borrowers’ Subsidiaries, in connection with transactions permitted by Section 5.3; (b) preserve and maintain in full force and effect all rights, privileges, qualifications, permits, licenses and franchises necessary in the normal conduct of its business except in connection with transactions permitted by Section 5.2 or Section 5.3 and sales of assets permitted by Section 5.2 and except or as would not reasonably be expected to have, either individually or in the aggregate, a Material Adverse Effect; (c) use its reasonable efforts, in the Ordinary Course of Business, to preserve its business organization and preserve the goodwill and business of the customers, suppliers and others having material business relations with it; and (d) preserve or renew all of its registered trademarks, trade names and service marks, the non-preservation of which would reasonably be expected to have, either individually or in the aggregate, a Material Adverse Effect.

Appears in 3 contracts

Samples: Credit Agreement (International Textile Group Inc), Credit Agreement (International Textile Group Inc), Credit Agreement (International Textile Group Inc)

Preservation of Corporate Existence, Etc. Each Credit Party The Company shall, and shall cause each of its Subsidiaries Subsidiary to: (a) except as otherwise permitted with respect to any Subsidiary pursuant to Section 8.4, preserve and maintain in full force and effect its organizational corporate existence and good standing valid existence under the laws of its jurisdiction of incorporation, organization or formation, as applicable, except, with respect to the Borrowers’ Subsidiaries, in connection with transactions permitted by Section 5.3organization; (b) preserve and maintain in full force and effect all governmental rights, privileges, qualifications, permits, licenses and franchises necessary in the normal conduct of its business (except (i) in connection with transactions permitted by Section 5.3 8.4 and sales of assets permitted by Section 5.2 8.3 and except as would (ii) to the extent that failure to do so could not reasonably be expected to have, either individually or in the aggregate, have a Material Adverse Effect); (c) use its reasonable efforts, in the Ordinary Course ordinary course of Businessbusiness, to preserve its business organization and preserve the goodwill and business of the customers, suppliers and others having material business relations with itgoodwill; and (d) preserve or renew all of its registered patents, trademarks, trade names and service marks, the non-preservation of which would could reasonably be expected to have, either individually or in the aggregate, have a Material Adverse Effect.

Appears in 3 contracts

Samples: Credit Agreement (Snyder's-Lance, Inc.), Credit Agreement (Lance Inc), Credit Agreement (Lance Inc)

Preservation of Corporate Existence, Etc. Each Credit Party shall, and shall cause each of its Subsidiaries to: (a) preserve and maintain in full force and effect its organizational existence and good standing under the laws of its jurisdiction of incorporation, organization or formation, as applicable, except, with respect to the Borrowers’ Borrower’s Subsidiaries, in connection with transactions permitted by Section 5.3; (b) preserve and maintain in full force and effect all rights, privileges, qualifications, permits, licenses and franchises necessary in the normal conduct of its business except in connection with transactions permitted by Section 5.3 and sales of assets permitted by Section 5.2 and except as would not reasonably be expected to have, either individually or in the aggregate, a Material Adverse Effect; (c) use its reasonable efforts, in the Ordinary Course of Business, to preserve its business organization and preserve the goodwill and business of the customers, suppliers and others having material business relations with it; and (d) preserve or renew all of its registered trademarks, trade names and service marks, the non-non preservation of which would reasonably be expected to have, either individually or in the aggregate, a Material Adverse Effect; and (d) conduct its business and affairs without infringement of or interference with any Intellectual Property of any other Person in any material respect and shall comply in all material respects with the terms of its IP Licenses.

Appears in 2 contracts

Samples: Credit Agreement (Rentech Nitrogen Partners, L.P.), Credit Agreement (Rentech Nitrogen Partners, L.P.)

Preservation of Corporate Existence, Etc. Each Credit Party shall, and shall cause each of its Subsidiaries to: (a) preserve and maintain in full force and effect its organizational existence and good standing under the laws of its jurisdiction of incorporation, organization or formation, as applicable, except, with respect to the Borrowers’ Borrower’s Subsidiaries, in connection with transactions permitted by Section 5.3; (b) preserve and maintain in full force and effect all rights, privileges, qualifications, permits, licenses and franchises necessary in the normal conduct of its business except in connection with transactions permitted by Section 5.3 and sales of assets permitted by Section 5.2 and except as would not reasonably be expected to have, either individually or in the aggregate, a Material Adverse Effect; (c) use its commercially reasonable efforts, in the Ordinary Course of Business, to preserve its business organization and preserve the goodwill and business of the customers, suppliers and others having material business relations with it; and; (d) preserve or renew all of its registered trademarks, trade names and service marks, the non-preservation or non-renewal of which would reasonably be expected to have, either individually or in the aggregate, a Material Adverse Effect; and (e) conduct its business and affairs without infringement of or interference with any Intellectual Property of any other Person in any material respect and shall comply in all material respects with the terms of its IP Licenses.

Appears in 2 contracts

Samples: Credit Facility (Metropolitan Health Networks Inc), Credit Agreement (Metropolitan Health Networks Inc)

Preservation of Corporate Existence, Etc. Each Credit Party The Borrower shall, and shall cause each of its Subsidiaries to: (a) preserve and maintain in full force and effect its organizational existence and good standing under the laws of its state or jurisdiction of incorporation, organization or formation, formation as applicable, except, with respect to the Borrowers’ Borrower’s Subsidiaries, in connection with transactions permitted by Section 5.3; (b) preserve and maintain in full force and effect all rights, privileges, qualifications, permits, licenses and franchises necessary in the normal conduct of its business except in connection with transactions permitted by Section 5.3 and sales of assets permitted by Section 5.2 and except as would not reasonably be expected to have, either individually or in the aggregate, a Material Adverse Effect; (c) use its reasonable efforts, in the Ordinary Course of Business, to preserve its business organization (except as otherwise expressly permitted by this Agreement) and preserve the goodwill and business of the customers, suppliers and others having material business relations with it; and (d) preserve or renew all of its registered trademarks, trade names and service marks, the non-preservation of which would reasonably be expected to have, either individually or in the aggregate, a Material Adverse Effect.

Appears in 2 contracts

Samples: Credit Agreement (Panther Expedited Services, Inc.), Credit Agreement (Panther Expedited Services, Inc.)

Preservation of Corporate Existence, Etc. Each Credit Party shall, and shall cause each of its Restricted Subsidiaries to: (a) preserve and maintain in full force and effect its organizational existence and good standing under the laws of its jurisdiction of incorporation, organization or formation, as applicable, except, with respect to the Borrowers’ Subsidiaries, except in connection with transactions permitted by Section 5.3; (b) preserve and maintain in full force and effect all rights, privileges, qualifications, permits, licenses and franchises necessary in the normal conduct of its business except in connection with transactions permitted by Section 5.3 and sales of assets permitted by Section 5.2 and except as would not reasonably be expected to have, either individually or in the aggregate, a Material Adverse Effect; (c) use its reasonable efforts, in the Ordinary Course of Business, to preserve its business organization and preserve the goodwill and business of the customers, suppliers and others having material business relations with it; and (dc) preserve or renew all of its registered trademarksTrademarks, trade names and service marks, the non-preservation of which would reasonably be expected to have, either individually or in the aggregate, a Material Adverse Effect.

Appears in 2 contracts

Samples: Credit Agreement (Axiall Corp/De/), Credit Agreement (Axiall Corp/De/)

Preservation of Corporate Existence, Etc. Each Credit Party shall, and shall cause each of its Subsidiaries to: (a) preserve and maintain in full force and effect its organizational existence and good standing under the laws of its jurisdiction of incorporation, organization or formation, as applicable, except, with respect to the Borrowers’ Borrower’s Subsidiaries, in connection with transactions permitted by Section 5.3; (b) preserve and maintain in full force and effect all rights, privileges, qualifications, permits, licenses and franchises necessary in the normal conduct of its business except in connection with transactions permitted by Section 5.3 and sales of assets permitted by Section 5.2 and except as would not reasonably be expected to have, either individually or in the aggregate, a Material Adverse Effect; (c) use its commercially reasonable efforts, in the Ordinary Course of Business, to preserve its business organization and preserve the goodwill and business of the customers, suppliers and others having material business relations with it; and; (d) preserve or renew all of its registered trademarks, trade names and service marks, the non-preservation of which would reasonably be expected to have, either individually or in the aggregate, a Material Adverse Effect; and (e) conduct its business and affairs without infringement of or interference with any Intellectual Property of any other Person in any material respect and shall comply in all material respects with the terms of its IP Licenses.

Appears in 2 contracts

Samples: Credit Agreement (Essex Rental Corp.), Credit Agreement (Solo Cup CO)

Preservation of Corporate Existence, Etc. Each Credit Party shall, and shall cause each of its Restricted Subsidiaries to: (a) preserve and maintain in full force and effect its organizational existence and good standing under the laws of its jurisdiction of incorporation, organization or formation, as applicable, except, with respect to the Borrowers’ Subsidiaries, except in connection with transactions permitted by Section 5.3; (b) preserve and maintain in full force and effect all rights, privileges, qualifications, permits, licenses and franchises necessary in the normal conduct of its business except in connection with transactions permitted by Section 5.3 and sales of assets permitted by Section 5.2 and except as would not reasonably be expected to have, either individually or in the aggregate, a Material Adverse Effect; (c) use its reasonable efforts, in the Ordinary Course of Business, to preserve its business organization and preserve the goodwill and business of the customers, suppliers and others having material business relations with it; and (dc) preserve or renew all of its registered trademarks, trade names and service marks, the non-non preservation of which would reasonably be expected to have, either individually or in the aggregate, a Material Adverse Effect.

Appears in 2 contracts

Samples: Credit Agreement (Axiall Corp/De/), Credit Agreement (Axiall Corp/De/)

Preservation of Corporate Existence, Etc. Each Credit Party shall, and shall cause each of its Subsidiaries to: (a) preserve and maintain in full force and effect its organizational existence and good standing under the laws of its jurisdiction of incorporation, organization or formation, as applicable, except, with respect to the Borrowers’ Borrower's Subsidiaries, in connection with transactions permitted by Section 5.3; (b) preserve and maintain in full force and effect all rights, privileges, qualifications, permits, licenses and franchises necessary in the normal conduct of its business except in connection with transactions permitted by Section 5.3 and sales of assets permitted by Section 5.2 and except as would not reasonably be expected to have, either individually or in the aggregate, a Material Adverse Effect; (c) use its reasonable efforts, in the Ordinary Course of Business, to preserve its business organization and preserve the goodwill and business of the customers, suppliers and others having material business relations with it; and (d) preserve or renew all of its registered trademarks, trade names and service marks, the non-preservation of which would reasonably be expected to have, either individually or in the aggregate, a Material Adverse Effect.

Appears in 2 contracts

Samples: Second Lien Credit Agreement (CSAV Holding Corp.), Credit Agreement (CSAV Holding Corp.)

Preservation of Corporate Existence, Etc. Each Credit Party shall, and shall cause each Subsidiary of its Subsidiaries the Borrower to: (a) preserve and maintain in full force and effect its organizational existence and good standing under the laws of its jurisdiction of incorporation, organization or formation, as applicable, except, except with respect to the Borrowers’ Borrower’s Subsidiaries, in connection with transactions permitted by Section 5.36.3; (b) preserve and maintain in full force and effect all rights, privileges, qualifications, permits, licenses and franchises necessary in the normal conduct of its business except in connection with transactions permitted by Section 5.3 6.3 and sales of assets permitted by Section 5.2 and except as would not reasonably be expected to have, either individually or in the aggregate, a Material Adverse Effect6.2; (c) use its reasonable efforts, in the Ordinary Course of Business, to preserve its business organization and preserve the goodwill and business of the customers, suppliers and others having material business relations with it; and (d) preserve or renew all of its registered trademarks, trade names and service marks, the non-preservation of which would reasonably be expected to have, either individually or in the aggregate, a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Ute Energy Upstream Holdings LLC)

Preservation of Corporate Existence, Etc. Each Credit Party shall, and shall cause each of its Subsidiaries to: (a) preserve and maintain in full force and effect its organizational existence and good standing under the laws of its jurisdiction of incorporation, organization or formation, as applicable, except, with respect to the Borrowers’ Issuer’s Subsidiaries, in connection with transactions permitted by Section 5.3; (b) preserve and maintain in full force and effect all rights, privileges, qualifications, permits, licenses and franchises necessary in the normal conduct of its business except in connection with transactions permitted by Section 5.3 and sales of assets permitted by Section 5.2 and except as would not reasonably be expected to have, either individually or in the aggregate, a Material Adverse Effect; (c) use its commercially reasonable efforts, in the Ordinary Course of Business, to preserve its business organization and preserve the goodwill and business of the customers, suppliers and others having material business relations with it; and (d) preserve or renew all of its registered trademarks, trade names and service marks, the non-preservation of which would reasonably be expected to have, either individually or in the aggregate, a Material Adverse Effect.;

Appears in 1 contract

Samples: Second Lien Note Purchase Agreement (Spinal Elements Holdings, Inc.)

Preservation of Corporate Existence, Etc. Each Credit Party The Company shall, and shall cause each of its Subsidiaries to: (a) preserve and maintain in full force and effect its organizational existence and good standing under the laws of its state or jurisdiction of incorporation, organization or formation, formation as applicable, except, with respect to the Borrowers’ Company’s Subsidiaries, in connection with transactions permitted by Section 5.3; (b) preserve and maintain in full force and effect all rights, privileges, qualifications, permits, licenses and franchises necessary in the normal conduct of its business except in connection with transactions permitted by Section 5.3 and sales of assets permitted by Section 5.2 and except as would not reasonably be expected to have, either individually or in the aggregate, a Material Adverse Effect; (c) use its reasonable efforts, in the Ordinary Course of Business, to preserve its business organization (except as otherwise expressly permitted by this Agreement) and preserve the goodwill and business of the customers, suppliers and others having material business relations with it; and (d) preserve or renew all of its registered trademarks, trade names and service marks, the non-preservation of which would reasonably be expected to have, either individually or in the aggregate, a Material Adverse Effect.

Appears in 1 contract

Samples: Note Purchase Agreement (Panther Expedited Services, Inc.)

Preservation of Corporate Existence, Etc. Each Credit Party The Borrower shall, and shall cause each of its Subsidiaries to: (a) preserve and maintain in full force and effect its organizational existence and good standing under the laws of its state or jurisdiction of incorporation, organization or formation, as applicable, except, with respect to the Borrowers’ Borrower's Subsidiaries, in connection with transactions permitted by Section 5.3; (b) preserve and maintain in full force and effect all rights, privileges, qualifications, permits, licenses and franchises necessary in the normal conduct of its business except in connection with transactions permitted by Section 5.3 and sales of assets permitted by Section 5.2 and except as would not reasonably be expected to have, either individually or in the aggregate, a Material Adverse Effect; (c) use its reasonable efforts, in the Ordinary Course of Business, and in the reasonable business judgment of the Borrower, to preserve its business organization and preserve the goodwill and business of the customers, suppliers and others having material business relations with it; and (d) preserve or renew all of its registered trademarks, trade names and service marks, the non-preservation of which would reasonably be expected to have, either individually or in the aggregate, a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Brickman Group LTD)

Preservation of Corporate Existence, Etc. Each Credit Party The Borrower shall, and shall cause each of its Subsidiaries to: (a) preserve and maintain in full force and effect its organizational existence and good standing under the laws of its state or jurisdiction of incorporation, organization or formation, as applicable, applicable except, with respect to the Borrowers’ Borrower’s Subsidiaries, in connection with transactions permitted by Section 5.3; (b) preserve and maintain in full force and effect all rights, privileges, qualifications, permits, licenses and franchises necessary in the normal conduct of its business except in connection with transactions permitted by Section 5.3 and sales of assets permitted by Section 5.2 and except as would not reasonably be expected to have, either individually or in the aggregate, a Material Adverse Effect; (c) use its reasonable efforts, in the Ordinary Course of Business, and in the reasonable business judgment of the Borrower, to preserve its business organization and preserve the goodwill and business of the customers, suppliers and others having material business relations with it; and (d) preserve or renew all of its registered trademarks, trade names and service marks, the non-preservation of which would reasonably be expected to have, either individually or in the aggregate, a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Brickman Group LTD)

Preservation of Corporate Existence, Etc. Each Credit Party shall, and shall cause each of its Subsidiaries to: (a) preserve and maintain in full force and effect its organizational existence and good standing under the laws of its jurisdiction of incorporation, organization or formation, as applicable, except, with respect to the Borrowers’ US Borrower’s Subsidiaries, in connection with transactions permitted by Section 5.3; (b) preserve and maintain in full force and effect all rights, privileges, qualifications, permits, licenses and franchises necessary in the normal conduct of its business except in connection with transactions permitted by Section 5.3 and sales of assets permitted by Section 5.2 and except as would not reasonably be expected to have, either individually or in the aggregate, a Material Adverse Effect; (c) use its commercially reasonable efforts, in the Ordinary Course of Business, to preserve its business organization and preserve the goodwill and business of the customers, suppliers and others having material business relations with it; and; (d) preserve or renew all of its registered trademarksTrademarks, trade names and service marks, the non-preservation of which would reasonably be expected to have, either individually or in the aggregate, a Material Adverse Effect; and (e) conduct its business and affairs without infringement of or interference with any Intellectual Property of any other Person in any material respect and shall comply in all material respects with the terms of its IP Licenses.

Appears in 1 contract

Samples: Credit Agreement (Essex Rental Corp.)

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Preservation of Corporate Existence, Etc. Each Credit Party shall, and shall cause each of its Subsidiaries to: (a) preserve and maintain in full force and effect its organizational existence and good standing under the laws of its jurisdiction of incorporation, organization or formation, as applicable, except, with respect to the Borrowers’ Subsidiaries, in connection with transactions permitted by Section 5.3; (b) preserve and maintain in full force and effect all rights, privileges, qualifications, permits, licenses and franchises necessary in the normal conduct of its business except in connection with transactions permitted by Section 5.3 and sales of assets permitted by Section 5.2 and except as would not reasonably be expected to have, either individually or in the aggregate, a Material Adverse Effect; (c) use its reasonable efforts, in the Ordinary Course of Business, to preserve its business organization and preserve the goodwill and business of the customers, suppliers and others having material business relations with it; and (d) preserve or renew all of its registered trademarks, trade names and service marksTrademarks, the non-preservation of which would reasonably be expected to have, either individually or in the aggregate, a Material Adverse Effect; and (d) conduct its business and affairs without knowing infringement of or interference with any Intellectual Property of any other Person in any material respect and shall comply in all material respects with the material terms of its IP Licenses.

Appears in 1 contract

Samples: Credit Agreement (Thermadyne Australia Pty Ltd.)

Preservation of Corporate Existence, Etc. Each Credit Party shall, and shall cause each of its Restricted Subsidiaries to: (a) : preserve and maintain in full force and effect its organizational existence and good standing under the laws of its jurisdiction of incorporation, organization or formation, as applicable, except, with respect to the Borrowers’ Restricted Subsidiaries, in connection with transactions permitted by Section 5.3; (b) ; preserve and maintain in full force and effect all rights, privileges, qualifications, permits, licenses and franchises necessary in the normal conduct of its business except in connection with transactions permitted by Section 5.3 and sales of assets permitted by Section 5.2 and except as would not reasonably be expected to have, either individually or in the aggregate, a Material Adverse Effect; (c) use its reasonable efforts, in the Ordinary Course of Business, to preserve its business organization and preserve the goodwill and business of the customers, suppliers and others having material business relations with it; and (d) preserve or renew all of its registered trademarks, trade names and service marks, Trademarks the non-preservation of which would reasonably be expected to have, either individually or in the aggregate, a Material Adverse Effect; and conduct its business and affairs without infringement of or interference with any Intellectual Property of any other Person in any material respect and shall comply in all material respects with the terms of its IP Licenses.

Appears in 1 contract

Samples: Credit Agreement (Rentech Nitrogen Partners, L.P.)

Preservation of Corporate Existence, Etc. Each Credit Loan Party shall, and shall cause each of its Subsidiaries to, except in connection with transactions permitted by Section 7.03 and sales of assets permitted by Section 7.02: (a) preserve and maintain in full force and effect its organizational (i) legal existence and (ii) good standing under the laws of its state or jurisdiction of incorporation, organization incorporation or formation, as applicable, except, with respect to the Borrowers’ Subsidiaries, in connection with transactions permitted by Section 5.3; (b) preserve and maintain in full force and effect all material governmental rights, privileges, qualifications, permits, licenses and franchises necessary or desirable in the normal conduct of its business except in connection with transactions permitted by Section 5.3 7.03 and sales of assets permitted by Section 5.2 and except as would not reasonably be expected to have, either individually or in the aggregate, a Material Adverse Effect7.02; (c) use its reasonable efforts, in the Ordinary Course ordinary course of Businessbusiness, to preserve its business organization and preserve the goodwill and business of the customers, suppliers and others having material business relations with itgoodwill; and (d) preserve or renew all of its registered patents, trademarks, trade names and service marks, the non-preservation of which would could reasonably be expected to have, either individually or in the aggregate, have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Eps Solutions Corp)

Preservation of Corporate Existence, Etc. Each Credit Party shall, and shall cause each of its Subsidiaries to: (a) preserve and maintain in full force and effect its organizational existence and good standing under the laws of its jurisdiction of incorporation, organization or formation, as applicable, except, with respect to the Borrowers’ Subsidiaries, in connection with transactions permitted by Section 5.3; (b) preserve and maintain in full force and effect all rights, privileges, qualifications, permits, licenses and franchises necessary in the normal conduct of its business except in connection with transactions permitted by Section 5.3 and sales of assets permitted by Section 5.2 and except as would not reasonably be expected to have, either individually or in the aggregate, a Material Adverse Effect; (c) use its reasonable efforts, in the Ordinary Course of Business, to preserve its business organization and preserve the goodwill and business of the customers, suppliers and others having material business relations with it; and (d) preserve or renew all of its registered trademarks, trade names and service marks, the non-non preservation of which would reasonably be expected to have, either individually or in the aggregate, a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Akorn Inc)

Preservation of Corporate Existence, Etc. Each Credit Party shall, and shall cause each of its Subsidiaries to: (a) preserve and maintain in full force and effect its organizational existence and good standing under the laws of its jurisdiction of incorporation, organization or formation, as applicable, except, with respect to the Borrowers’ Borrower's Subsidiaries, in connection with transactions permitted by Section 5.37.4; (b) preserve and maintain in full force and effect all rights, privileges, qualifications, permits, licenses and franchises necessary in the normal conduct of its business except in connection with transactions permitted by Section 5.3 7.4 and sales of assets permitted by Section 5.2 7.9 and except as would not reasonably be expected to have, either individually or in the aggregate, a Material Adverse Effect; (c) use its commercially reasonable efforts, in the Ordinary Course of Business, to preserve its business organization and preserve the goodwill and business of the customers, suppliers and others having material business relations with it; and; (d) subject to Section 6.17, preserve or renew all of its registered trademarks, trade names and service marks, the non-preservation non‑preservation of which would reasonably be expected to have, either individually or in the aggregate, a Material Adverse Effect; and (e) subject to Section 6.17, conduct its business and affairs without infringement of or interference with any intellectual property of any other Person in any material respect.

Appears in 1 contract

Samples: Loan and Security Agreement (Sigmatron International Inc)

Preservation of Corporate Existence, Etc. Each Credit Party shall, and shall cause each of its Subsidiaries to: (ai) preserve and maintain in full force and effect its organizational existence and good standing under the laws of its jurisdiction of incorporation, organization organization, amalgamation or formation, as applicable, except, with respect to the Borrowers’ Borrower’s Subsidiaries, in connection with transactions permitted by Section 5.35.4; (bii) preserve and maintain in full force and effect all rights, privileges, qualifications, permits, licenses and franchises necessary in the normal conduct of its business except in connection with transactions permitted by Section 5.3 5.4 and sales of assets permitted by Section 5.2 in the Ordinary Course of Business and except as would not reasonably be expected to have, either individually or in the aggregate, a Material Adverse Effect; (ciii) use its reasonable efforts, in the Ordinary Course of Business, to preserve its business organization and preserve the goodwill and business of the customers, suppliers and others having material business relations with it; and (div) preserve or renew all of its registered trademarks, trade names and service marks, the non-preservation of which would reasonably be expected to have, either individually or in the aggregate, a Material Adverse Effect.

Appears in 1 contract

Samples: Senior Secured Debtor in Possession Credit Agreement

Preservation of Corporate Existence, Etc. Each Credit Party shall, and shall cause each of its Subsidiaries to: (a) preserve and maintain in full force and effect its organizational existence and good standing under the laws of its jurisdiction of incorporation, organization or formation, as applicable, except, with respect to the Borrowers’ Subsidiaries, in connection with transactions permitted by Section 5.3; (b) preserve and maintain in full force and effect all rights, privileges, qualifications, permits, licenses and franchises necessary in the normal conduct of its business except in connection with transactions permitted by Section 5.3 and sales of assets permitted by Section 5.2 and except as would not reasonably be expected to have, either individually or in the aggregate, a Material Adverse Effect; (c) use its reasonable efforts, in the Ordinary Course of Business, to preserve its business organization and preserve the goodwill and business of the customers, suppliers and others having material business relations with it; and (d) preserve or renew all of its registered trademarks, trade names and service marks, Trademarks the non-non preservation of which would reasonably be expected to have, either individually or in the aggregate, a Material Adverse Effect; and (d) conduct its business and affairs without infringement of or interference with any Intellectual Property of any other Person in any material respect and shall comply in all material respects with the terms of its IP Licenses.

Appears in 1 contract

Samples: Credit Agreement (Rentech Nitrogen Partners, L.P.)

Preservation of Corporate Existence, Etc. Each Credit Party The Borrowers shall, and shall cause each of its their Subsidiaries to: (a) preserve and maintain in full force and effect its organizational existence and good standing under the laws of its state or jurisdiction of incorporation, organization or formation, as applicable, except, with respect to the Borrowers’ Subsidiaries, in connection with transactions permitted by Section 5.36.3; (b) preserve and maintain in full force and effect all rights, privileges, qualifications, permits, licenses and franchises necessary in the normal conduct of its business except in connection with transactions permitted by Section 5.3 6.3 and sales of assets permitted by Section 5.2 6.2 and except as would not reasonably be expected to have, either individually or in the aggregate, a Material Adverse Effect; (c) use its reasonable efforts, in the Ordinary Course of BusinessBusiness and in its reasonable business judgment, to preserve its business organization and preserve the goodwill and business of the customers, suppliers and others having material business relations with it; and (d) preserve or renew all of its registered trademarks, trade names and service marks, the non-preservation of which would reasonably be expected to have, either individually or in the aggregate, a Material Adverse Effect.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Commercial Vehicle Group, Inc.)

Preservation of Corporate Existence, Etc. Each Credit Party of the Parent and the Company shall, and shall cause each of its Subsidiaries Subsidiary to: (a) except as permitted by Sections 7.3 and 7.4, preserve and maintain in full force and effect its organizational existence and and, where applicable, good standing under the laws of its state or jurisdiction of incorporation, organization formation or formation, as applicable, except, with respect to the Borrowers’ Subsidiaries, in connection with transactions permitted by Section 5.3organization; (b) preserve and maintain in full force and effect all governmental rights, privileges, qualifications, permits, licenses and franchises necessary or desirable in the normal conduct of its business except in connection with transactions permitted by Section 5.3 7.4 and sales of assets permitted by Section 5.2 7.3 and except as would where the failure to so preserve or maintain could not reasonably be expected to have, either individually or in the aggregate, have a Material Adverse Effect; (c) use its reasonable efforts, in the Ordinary Course of Business, to preserve its business organization and preserve the goodwill and business of the customers, suppliers and others having material business relations with it; and (dc) preserve or renew all of its registered patents, trademarks, trade names and service marks, the non-preservation of which would could reasonably be expected to have, either individually or in the aggregate, have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Hollywood Theaters Inc)

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