Common use of Preservation of Existence and Similar Matters Clause in Contracts

Preservation of Existence and Similar Matters. The Borrower shall, and shall cause each of its Subsidiaries to: (a) except as otherwise permitted pursuant to Section 7.4 hereof, preserve and maintain, or timely obtain and thereafter preserve and maintain, its existence, rights, franchises, licenses, authorizations, consents, privileges and all other Necessary Authorizations from any Tribunal, the loss of which could reasonably be expected to have a Material Adverse Effect; and (b) except as otherwise permitted pursuant to Section 7.4 hereof, qualify and remain qualified and authorized to do business in each jurisdiction in which the character of its properties or the nature of its business requires such qualification or authorization, unless the failure to do so could not reasonably be expected to have a Material Adverse Effect.

Appears in 6 contracts

Samples: Credit Agreement (Club Corp International), Credit Agreement (Pillowtex Corp), Credit Agreement (Uk Abba Products Inc)

AutoNDA by SimpleDocs

Preservation of Existence and Similar Matters. The Borrower shall, and shall cause each Subsidiary of its Subsidiaries the Borrower to: (a) except as otherwise permitted pursuant to Section 7.4 hereof, preserve and maintain, or timely obtain and thereafter preserve and maintain, its existence, rights, franchises, licenses, authorizations, consents, privileges and all other Necessary Authorizations from any Tribunal, the loss of which could reasonably be expected to have a Material Adverse Effect; and (b) except as otherwise permitted pursuant to Section 7.4 hereof, qualify and remain qualified and authorized to do business in each jurisdiction in which the character of its properties or the nature of its business requires such qualification or authorization, unless the failure to do so could not reasonably be expected to have a Material Adverse Effect.

Appears in 3 contracts

Samples: Credit Agreement (Pc Service Source Inc), Credit Agreement (Sunterra Corp), Credit Agreement (Signature Resorts Inc)

Preservation of Existence and Similar Matters. The Borrower shallExcept as --------------------------------------------- permitted under Section 7.4 hereof, the Borrowers will, and shall will cause each of its the Restricted Subsidiaries to: (a) except as otherwise permitted pursuant to Section 7.4 hereof, preserve and maintain, or timely obtain and thereafter preserve and maintain, maintain its existence, and its material rights, franchises, licenseslicenses and privileges in the state of its incorporation, authorizationsincluding, consentswithout limiting the foregoing, privileges the Licenses and all other Necessary Authorizations from any TribunalAuthorizations, except where the loss of which failure to do so could not reasonably be expected to have a Material Materially Adverse Effect; and (b) except as otherwise permitted pursuant to Section 7.4 hereof, qualify and remain qualified and authorized to do business in each jurisdiction in which the character of its properties or the nature of its business requires such qualification or authorization, unless the except for such failure to do so qualify and be so authorized as could not reasonably be expected to have a Material Materially Adverse Effect.

Appears in 2 contracts

Samples: Loan Agreement (American Tower Corp /Ma/), Loan Agreement (American Tower Corp /Ma/)

Preservation of Existence and Similar Matters. The Borrower --------------------------------------------- shall, and shall cause each Subsidiary of its Subsidiaries the Borrower to: (a) except as otherwise permitted pursuant to Section 7.4 hereof, preserve ----------- and maintain, or timely obtain and thereafter preserve and maintain, its existence, rights, franchises, licenses, authorizations, consents, privileges and all other Necessary Authorizations from any Tribunal, the loss of which could reasonably be expected to have a Material Adverse Effect; and (b) except as otherwise permitted pursuant to Section 7.4 hereof, qualify ----------- and remain qualified and authorized to do business in each jurisdiction in which the character of its properties or the nature of its business requires such qualification or authorization, unless the failure to do so could not reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Credit Agreement (Doskocil Manufacturing Co Inc), Credit Agreement (Sunterra Corp)

Preservation of Existence and Similar Matters. The Borrower --------------------------------------------- shall, and shall cause each Subsidiary of its Subsidiaries the Borrower to: (a) except as otherwise permitted pursuant to Section 7.4 hereof, preserve ----------- and maintain, or timely obtain and thereafter preserve and maintain, its existence, rights, franchises, licenses, authorizations, consents, privileges and all other Necessary Authorizations from any Tribunal, the loss of which could reasonably be expected to have a Material Adverse Effect; and (b) except as otherwise permitted pursuant to Section 7.4 hereof, qualify and ----------- remain qualified and authorized to do business in each jurisdiction in which the character of its properties or the nature of its business requires such qualification or authorization, unless the failure to do so could not reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Credit Agreement (Safeguard Scientifics Inc Et Al), Credit Agreement (Compucom Systems Inc)

Preservation of Existence and Similar Matters. The Borrower shall, and shall cause each Subsidiary of its Subsidiaries the Borrower to: (a) except as otherwise permitted pursuant to Section SECTION 7.4 hereof, preserve and maintain, or timely obtain and thereafter preserve and maintain, its existence, rights, franchises, licenses, authorizations, consents, privileges and all other Necessary Authorizations from any Tribunal, the loss of which could reasonably be expected to have a Material Adverse Effect; and (b) except as otherwise permitted pursuant to Section SECTION 7.4 hereof, qualify and remain qualified and authorized to do business in each jurisdiction in which the character of its properties or the nature of its business requires such qualification or authorization, unless the failure to do so could not reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Credit Agreement (Safeguard Scientifics Inc Et Al), Credit Agreement (Power One Inc)

Preservation of Existence and Similar Matters. The Borrower Parent shall, and shall cause each of its Restricted Subsidiaries to: (a) except as otherwise permitted pursuant to Section by SECTION 7.4 hereof, preserve and maintain, or timely obtain and thereafter preserve and maintain, its existence, rights, franchises, licenses, authorizations, consents, privileges and all other Necessary Authorizations from federal, state and local governmental bodies and any Tribunaltribunal (regulatory or otherwise), the loss of which could reasonably be expected to have a Material Adverse Effect; and (b) except as otherwise permitted pursuant to Section 7.4 hereof, qualify and remain qualified and authorized to do business in each jurisdiction in which the character of its properties or the nature of its business requires such qualification or authorization, unless the failure to do so could not reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Sun Healthcare Group Inc)

Preservation of Existence and Similar Matters. The Borrower shall, and shall cause each of its Subsidiaries Subsidiary to: (a) except as otherwise permitted pursuant to Section 7.4 hereof, preserve and maintain, or timely obtain and thereafter preserve and maintain, (a) its existence, and (b) all rights, franchises, licenses, authorizations, consents, privileges and all other Necessary Authorizations from federal, state and local governmental bodies and any Tribunaltribunal (regulatory or otherwise), the loss of which could reasonably be expected to have a Material Adverse Effect; and (b) except as otherwise permitted pursuant to Section 7.4 hereof, qualify and remain qualified and authorized to do business in each jurisdiction in which the character of its properties or the nature of its business requires such qualification or authorization, unless the failure to do so could not reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Homco Puerto Rico Inc)

Preservation of Existence and Similar Matters. The Borrower shall, and shall cause each of its Restricted Subsidiaries to: (a) except as otherwise permitted pursuant to Section by SECTION 7.4 hereof, preserve and maintain, or timely obtain and thereafter preserve and maintain, its existence, rights, franchises, licenses, authorizations, consents, privileges and all other Necessary Authorizations from federal, state and local governmental bodies and any Tribunaltribunal (regulatory or otherwise), the loss of which could reasonably be expected to have a Material Adverse Effect; and (b) except as otherwise permitted pursuant to Section 7.4 hereof, qualify and remain qualified and authorized to do business in each jurisdiction in which the character of its properties or the nature of its business requires such qualification or authorization, unless the failure to do so could not reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Sun Healthcare Group Inc)

Preservation of Existence and Similar Matters. The Except as permitted in Section 8.5 hereof, the Borrower shallwill, and shall will cause each of its the Designated Subsidiaries to: (ai) except as otherwise permitted pursuant to Section 7.4 hereof, preserve and maintain, or timely obtain and thereafter preserve and maintain, maintain its existence, rights, franchises, licenseslicenses and privileges in the state of its incorporation or organization and in each other state in which it operates a material part of its business, authorizationsincluding, consentswithout limitation, privileges and all other Necessary Authorizations from any TribunalAuthorizations, the loss of which could except as would not reasonably be expected to have have, individually or in the aggregate, a Material Materially Adverse Effect; and (bii) except as otherwise permitted pursuant to Section 7.4 hereof, qualify and remain qualified and authorized to do business in each jurisdiction in which the character of its properties or the nature of its business requires such qualification or authorization, unless authorization except where the failure to do so could not be qualified or authorized would reasonably be expected to have have, individually or in the aggregate, a Material Materially Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Spectrasite Holdings Inc)

Preservation of Existence and Similar Matters. The Borrower Parent shall, and shall cause each of its Subsidiaries to: (a) except as otherwise permitted pursuant to Section SECTION 7.4 hereof, preserve and maintain, or timely obtain and thereafter preserve and maintain, its existence, rights, franchises, licenses, authorizations, consents, privileges and all other Necessary Authorizations from any Tribunal, the loss of which could reasonably be expected to have a Material Adverse Effect; and (b) except as otherwise permitted pursuant to Section SECTION 7.4 hereof, qualify and remain qualified and authorized to do business in each jurisdiction in which the character of its properties or the nature of its business requires such qualification or authorization, unless the failure to do so could not reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Power One Inc)

AutoNDA by SimpleDocs

Preservation of Existence and Similar Matters. The Borrower shall, and shall cause each Subsidiary of its Subsidiaries the Borrower to: (a) except as otherwise permitted pursuant to Section 7.4 hereof, preserve and maintain, or timely obtain and thereafter preserve and maintain, its existence, rights, franchises, licenses, authorizations, consents, privileges privileges, except where the failure to do so could not reasonably be expected to have a Material Adverse Effect and all other Necessary Authorizations from any Tribunal, the loss of which could reasonably be expected to have a Material Adverse Effect; and (b) except as otherwise permitted pursuant to Section 7.4 hereof, qualify and remain qualified and authorized to do business in each jurisdiction in which the character of its properties or the nature of its business requires such qualification or authorization, unless except where the failure to do so could not reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Xircom Inc)

Preservation of Existence and Similar Matters. The Borrower shall, and shall cause each Restricted Subsidiary of its Subsidiaries the Borrower to: (a) except as otherwise permitted pursuant to Section SECTION 7.4 hereof, preserve and maintain, or timely obtain and thereafter preserve and maintain, its existence, rights, franchises, licenses, authorizations, consents, privileges and all other Necessary Authorizations from any Tribunal, the loss of which could would reasonably be expected to have a Material Adverse Effect; and (b) except as otherwise permitted pursuant to Section SECTION 7.4 hereof, qualify and remain qualified and authorized to do business in each jurisdiction in which the character of its properties or the nature of its business requires such qualification or authorization, unless the failure to do so could would not reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Netcom Systems Inc)

Preservation of Existence and Similar Matters. The Borrower shall, and shall cause each Subsidiary and Affiliate of its Subsidiaries the Borrower to: (a) : except as otherwise permitted pursuant to Section 7.4 hereof, preserve and maintain, maintain or timely obtain and thereafter preserve and maintain, its existence, rights, franchises, licenses, authorizations, consents, privileges and all other Necessary Authorizations from any Tribunal, the loss of which could reasonably be expected to have a Material Adverse Effect; and (b) and except as otherwise permitted pursuant to Section 7.4 hereof, qualify and remain qualified and authorized to do business in each jurisdiction in which the character of its properties or the nature of its business requires such qualification or authorization, unless the failure to do so could not reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Equivest Finance Inc)

Preservation of Existence and Similar Matters. The Borrower shall, and shall cause each Subsidiary of its Subsidiaries the Borrower to: (a) except as otherwise permitted pursuant to Section 7.4 hereof, ----------- preserve and maintain, or timely obtain and thereafter preserve and maintain, its existence, rights, franchises, licenses, authorizations, consents, privileges and all other Necessary Authorizations from any Tribunal, the loss of which could reasonably be expected to have a Material Adverse Effect; and (b) except as otherwise permitted pursuant to Section 7.4 hereof, qualify ----------- and remain qualified and authorized to do business in each jurisdiction in which the character of its properties or the nature of its business requires such qualification or authorization, unless the failure to do so could not reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Signature Resorts Inc)

Preservation of Existence and Similar Matters. The Borrower --------------------------------------------- shall, and shall cause each Subsidiary of its Subsidiaries the Borrower to: (a) except as otherwise permitted pursuant to Section 7.4 hereof, ----------- preserve and maintain, or timely obtain and thereafter preserve and maintain, its existence, rights, franchises, licenses, authorizations, consents, privileges and all other Necessary Authorizations from any Tribunal, the loss of which could reasonably be expected to have a Material Adverse Effect; and (b) except as otherwise permitted pursuant to Section 7.4 hereof, ----------- qualify and remain qualified and authorized to do business in each jurisdiction in which the character of its properties or the nature of its business requires such qualification or authorization, unless the failure to do so could not reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Compucom Systems Inc)

Preservation of Existence and Similar Matters. The Borrower shall, and shall cause each Restricted Subsidiary of its Subsidiaries the Borrower to: (a) except as otherwise permitted pursuant to Section 7.4 hereof, preserve and maintain, or timely obtain and thereafter preserve and maintain, its existence, rights, franchises, licenses, authorizations, consents, privileges and all other Necessary Authorizations from any Tribunal, the loss of which could would reasonably be expected to have a Material Adverse Effect; and (b) except as otherwise permitted pursuant to Section 7.4 hereof, qualify and remain qualified and authorized to do business in each jurisdiction in which the character of its properties or the nature of its business requires such qualification or authorization, unless the failure to do so could would not reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Netcom Systems Inc)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!