Preservation of Existence and Related Matters. Preserve and maintain: (i) its separate corporate existence, and will not sell, lease or otherwise dispose of all or substantially all of its business or assets; provided that any Subsidiary Guarantor may be merged or consolidated with or into, or be liquidated, wound up or dissolved, or all or substantially all of its business or assets may be conveyed, sold, assigned, leased, transferred or otherwise disposed of, in one transaction or a series of transactions, to the Parent, any other Subsidiary Guarantor or the Borrower; and (ii) all rights, franchises, licenses and privileges necessary to the conduct of its business, and qualify and remain qualified to do business in each jurisdiction in which the failure to so qualify would have a Material Adverse Effect.
Appears in 6 contracts
Samples: Guaranty Agreement (Medcath Corp), Loan Agreement (Medcath Corp), Guaranty Agreement (Medcath Corp)
Preservation of Existence and Related Matters. Preserve and maintainPRESERVE AND MAINTAIN:
(i) its separate corporate existence, and will not sell, lease or otherwise dispose of all or substantially all of its business or assets; provided that any Subsidiary Guarantor may be merged or consolidated with or into, or be liquidated, wound up or dissolved, or all or substantially all of its business or assets may be conveyed, sold, assigned, leased, transferred or otherwise disposed of, in one transaction or a series of transactions, to the Parent, any other Subsidiary Guarantor or the Borrower; and
(ii) all rights, franchises, licenses and privileges necessary to the conduct of its business, and qualify and remain qualified to do business in each jurisdiction in which the failure to so qualify would have a Material Adverse Effect.
Appears in 1 contract
Samples: Loan Agreement (Medcath Corp)