Preservation of Existence, Etc. (a) Preserve, renew and maintain in full force and effect its legal existence and good standing under the Laws of the jurisdiction of its organization except in a transaction not prohibited by Section 7.04 or 7.05, or to the extent that failure to do so could not reasonably be expected to have a Material Adverse Effect; (b) take all reasonable action to maintain all rights, privileges, permits, licenses and franchises necessary or desirable in the normal conduct of its business, except to the extent that failure to do so could not reasonably be expected to have a Material Adverse Effect; and (c) preserve or renew all of its registered patents, trademarks, trade names and service marks, the non-preservation of which could reasonably be expected to have a Material Adverse Effect. Without limiting the generality of the foregoing, the Borrower will do all things necessary to maintain its status as a REIT.
Appears in 10 contracts
Samples: Credit Agreement (Hcp, Inc.), Credit Agreement (Hcp, Inc.), Credit Agreement (Hcp, Inc.)
Preservation of Existence, Etc. The Borrower will, and will cause each of its Subsidiaries to, (a) Preservepreserve, renew and maintain in full force and effect its legal existence and good standing under the Laws of the jurisdiction of its organization except in a transaction not prohibited permitted by Section 7.04 6.03 or 7.05, or to the extent that failure to do so could not reasonably be expected to have a Material Adverse Effect6.04; (b) take all reasonable action to maintain all rights, privilegeslicenses, permits, licenses privileges and franchises necessary or desirable in the normal conduct of its business, except to the extent that failure to do so could not reasonably be expected to have a Material Adverse Effect; and (c) preserve or renew all of its registered patents, trademarks, trade names and service marks, the non-preservation of which could reasonably be expected to have a Material Adverse Effect. Without limiting the generality of the foregoing, the Borrower will do all things necessary to maintain its status as a REIT.
Appears in 10 contracts
Samples: Revolving Credit Agreement (Power Solutions International, Inc.), Credit Agreement (Istar Inc.), Credit Agreement (Star Holdings)
Preservation of Existence, Etc. (a) Preserve, renew and maintain in full force and effect its legal existence and and, where applicable, good standing under the Laws of the jurisdiction of its organization except in a transaction not prohibited by Section 7.04 or 7.05, or to the extent that failure to do so could not reasonably be expected to have a Material Adverse Effect; (b) take all reasonable action to maintain all rights, privileges, permits, licenses and franchises necessary or desirable in the normal conduct of its business, except to the extent that failure to do so could not reasonably be expected to have a Material Adverse Effect; and (c) preserve or renew all of its registered patents, trademarks, trade names and service marks, the non-preservation of which could reasonably be expected to have a Material Adverse Effect. Without limiting the generality of the foregoing, the Borrower will do all things necessary to maintain its status as a REIT.
Appears in 9 contracts
Samples: Credit Agreement (Healthpeak Properties, Inc.), Term Loan Agreement (Healthpeak Properties, Inc.), Term Loan Agreement (Healthpeak Properties, Inc.)
Preservation of Existence, Etc. (a) Preserve, renew and maintain in full force and effect its legal existence and good standing under the Laws of the jurisdiction of its organization except in a transaction not prohibited by Section 7.04 or 7.057.04, or to the extent that failure to do so could not reasonably be expected to have a Material Adverse Effect; ;
(b) take all reasonable action to maintain all rights, privileges, permits, licenses and franchises necessary or desirable in the normal conduct of its business, except to the extent that failure to do so could not reasonably be expected to have a Material Adverse Effect; and and
(c) preserve or renew all of its registered patents, trademarks, trade names and service marks, the non-preservation of which could reasonably be expected to have a Material Adverse Effect. Without limiting the generality of the foregoing, the Borrower will do all things necessary to maintain its status as a REIT.
Appears in 8 contracts
Samples: Credit and Guaranty Agreement (Ventas, Inc.), Credit Agreement (Sabra Health Care REIT, Inc.), Credit and Guaranty Agreement (Ventas, Inc.)
Preservation of Existence, Etc. (a) Preserve, renew and maintain in full force and effect its legal existence and good standing under the Laws of the jurisdiction of its organization (and, except in a transaction not prohibited by Section 7.04 or 7.05, or to the extent that the failure to do so could not reasonably be expected to have a Material Adverse Effect, good standing) under the Laws of the jurisdiction of its organization or formation except in a transaction permitted by Section 7.04 or 7.05; (b) take all reasonable action to maintain all rights, privileges, permits, licenses and franchises necessary or desirable in the normal conduct of its business, except to the extent that failure to do so could not reasonably be expected to have a Material Adverse Effect; and (c) preserve or renew all of its registered patentsIntellectual Property, trademarks, trade names and service marks, except to the non-preservation extent such Intellectual Property is no longer used or useful in the conduct of which the business of the Loan Parties or that the failure to do so could not reasonably be expected to have a Material Adverse Effect. Without limiting the generality of the foregoing, the Borrower will do all things necessary to maintain its status as a REIT.
Appears in 7 contracts
Samples: Asset Based Revolving Credit Agreement (Albertsons Companies, Inc.), Asset Based Revolving Credit Agreement (Albertsons Companies, Inc.), Asset Based Revolving Credit Agreement (Albertsons Companies, Inc.)
Preservation of Existence, Etc. Each of Parent and Borrower shall, and shall cause each other member of the Consolidated Group to: (a) Preservepreserve, renew and maintain in full force and effect its legal existence and good standing under the Laws of the jurisdiction of its organization except in a transaction not prohibited permitted by Section 7.04 9.03 or 7.05, or to the extent that failure to do so could not reasonably be expected to have a Material Adverse Effect9.04; (b) take all reasonable action to maintain all rights, privileges, permits, licenses and franchises necessary or desirable in the normal conduct of its business, except to the extent that failure to do so could not reasonably be expected to have a Material Adverse Effect; and (c) preserve or renew all of its registered patents, trademarks, trade names and service marks, the non-preservation of which could reasonably be expected to have a Material Adverse Effect. Without limiting the generality of the foregoing, the Borrower will do all things necessary to maintain its status as a REIT.
Appears in 7 contracts
Samples: Credit Agreement (Rexford Industrial Realty, Inc.), Credit Agreement (Rexford Industrial Realty, Inc.), Credit Agreement (Rexford Industrial Realty, Inc.)
Preservation of Existence, Etc. (a) Preserve, renew and maintain in full force and effect its legal existence and good standing under the Laws of the jurisdiction of its organization except in a transaction not prohibited permitted by Section 7.04 or 7.05, 7.05 or to the extent that failure to do so could not reasonably be expected to have a Material Adverse Effect; (b) take all reasonable action to maintain all rights, privileges, permits, licenses and franchises necessary or desirable in the normal conduct of its business, except to the extent that failure to do so could not reasonably be expected to have a Material Adverse Effect; and (c) preserve or renew all of its registered patents, trademarks, trade names and service marks, the non-preservation of which could reasonably be expected to have a Material Adverse Effect. Without limiting the generality of the foregoing, the Borrower will do all things necessary to maintain its status as a REIT.
Appears in 7 contracts
Samples: Credit Agreement (Braemar Hotels & Resorts Inc.), Credit Agreement (Ashford Inc.), Credit Agreement (Braemar Hotels & Resorts Inc.)
Preservation of Existence, Etc. (a) Preserve, renew and maintain in full force and effect its legal existence and good standing (if applicable in such Subsidiary’s jurisdiction of incorporation or organization) under the Laws of the jurisdiction of its organization except in a transaction not prohibited permitted by Section 7.04 or 7.05, or to the extent that failure to do so could not reasonably be expected to have a Material Adverse Effect; (b) take all reasonable action to maintain all rights, privileges, permits, licenses and franchises necessary or desirable in the normal conduct of its business, except to the extent that failure to do so could not reasonably be expected to have a Material Adverse Effect; and (c) preserve or renew all of its registered patents, trademarks, trade names and service marks, the non-preservation of which could reasonably be expected to have a Material Adverse Effect. Without limiting the generality of the foregoing, the Borrower will do all things necessary to maintain its status as a REIT.
Appears in 7 contracts
Samples: Credit Agreement (Stericycle Inc), Credit Agreement (Stericycle Inc), Credit Agreement (Stericycle Inc)
Preservation of Existence, Etc. (a) Preserve, renew and maintain in full force and effect its legal existence and good standing under the Laws of the jurisdiction of its organization except in a transaction not prohibited permitted by Section 7.04 or 7.05, or except to the extent that a failure to do so maintain good standing could not reasonably be expected to have a Material Adverse Effect; (b) take all reasonable action to maintain all rights, privileges, permits, licenses and franchises necessary or desirable in the normal conduct of its business, except to the extent that failure to do so could not reasonably be expected to have a Material Adverse Effect; and (c) preserve or renew all of its registered patents, trademarks, trade names and service marks, the non-preservation of which could reasonably be expected to have a Material Adverse Effect. Without limiting the generality of the foregoing, the Borrower will do all things necessary to maintain its status as a REIT.
Appears in 6 contracts
Samples: Term Loan Agreement (Mastec Inc), Credit Agreement (Mastec Inc), Credit Agreement (Mastec Inc)
Preservation of Existence, Etc. (a) Preserve, renew and maintain in full force and effect the Borrower’s and its Material Subsidiaries’ legal existence and good standing (or equivalent status) under the Laws of the jurisdiction of its organization except in a transaction not prohibited permitted by Section 7.04 or 7.05, or to the extent that failure to do so could not reasonably be expected to have a Material Adverse Effect; (b) take all reasonable action to maintain all rights, privileges, permits, licenses licenses, approvals and franchises necessary or desirable in the normal conduct of its business, except to the extent that failure to do so could would not reasonably be expected to have a Material Adverse Effect; and (c) preserve or renew all of its registered patents, trademarks, trade names and service marks, the non-preservation of which could would reasonably be expected to have a Material Adverse Effect. Without limiting the generality of the foregoing, the Borrower will do all things necessary to maintain its status as a REIT.
Appears in 5 contracts
Samples: Amendment and Restatement Agreement (Valvoline Inc), Amendment and Restatement Agreement (Valvoline Inc), Credit Agreement (Valvoline Inc)
Preservation of Existence, Etc. (a) Preserve, renew and maintain in full force and effect its legal existence and good standing under the Laws of the jurisdiction of its organization except in a transaction not prohibited permitted by Section 7.04 or 7.05; provided, however, that the Borrower and its Subsidiaries may consummate any merger or to the extent that failure to do so could not reasonably be expected to have a Material Adverse Effectconsolidation permitted under Section 7.04; (b) take all reasonable action to maintain all rights, privileges, permits, licenses and franchises necessary or desirable in the normal conduct of its business, except to the extent that failure to do so could not reasonably be expected to have a Material Adverse Effect; and (c) preserve or renew all of its registered patents, trademarks, trade names and service marks, the non-preservation of which could reasonably be expected to have a Material Adverse Effect. Without limiting the generality of the foregoing, the Borrower will do all things necessary to maintain its status as a REIT.
Appears in 5 contracts
Samples: Credit Agreement (Advanced Emissions Solutions, Inc.), Credit Agreement (Advanced Emissions Solutions, Inc.), Revolving Credit Agreement (Spansion Inc.)
Preservation of Existence, Etc. (a) Preserve, renew and maintain in full force and effect its legal existence and good standing under the Laws of the jurisdiction of its organization except in a transaction not prohibited by Section 7.04 or 7.057.04, or to the extent that failure to do so could not reasonably be expected to have a Material Adverse Effect; ;
(b) take all reasonable action to maintain all rights, privileges, permits, licenses and franchises necessary or desirable in the normal conduct of its business, except to the extent that failure to do so could not reasonably be expected to have a Material Adverse Effect; and and
(c) preserve or renew all of its registered patents, trademarks, trade names and service marks, the non-preservation of which that could reasonably be expected to have a Material Adverse Effect. Without limiting the generality of the foregoing, the Borrower will do all things necessary to maintain its status as a REIT.
Appears in 5 contracts
Samples: Credit and Guaranty Agreement (Ventas, Inc.), Credit and Guaranty Agreement (Ventas, Inc.), Credit and Guaranty Agreement (Ventas, Inc.)
Preservation of Existence, Etc. (a) PreserveExcept in a transaction permitted by Section 8.04 or 8.05, Borrower shall preserve, renew and maintain in full force and effect its legal existence and good standing under the Laws of the jurisdiction of its organization except in a transaction not prohibited by Section 7.04 or 7.05, or to the extent that failure to do so could not reasonably be expected to have a Material Adverse Effect; and Borrower and each Subsidiary shall maintain its legal existence.
(b) take Take all reasonable action to maintain all rights, privileges, permits, licenses and franchises necessary or desirable in the normal conduct of its business, except to the extent that the failure to do so could not reasonably be expected to have a Material Adverse Effect; and .
(c) preserve Preserve or renew all of its material registered patents, copyrights, trademarks, trade names and service marks, the non-preservation of which could reasonably be expected to have a Material Adverse Effect. Without limiting the generality of the foregoing, the Borrower will do all things necessary to maintain its status as a REIT.
Appears in 5 contracts
Samples: Credit Agreement (TUTOR PERINI Corp), Credit Agreement (TUTOR PERINI Corp), Credit Agreement (Perini Corp)
Preservation of Existence, Etc. (a) Preserve, renew and maintain in full force and effect its legal existence and good standing under the Laws of the jurisdiction of its organization except in a transaction not prohibited permitted by Section 7.03 or 7.04 or 7.05, or except to the extent that failure to do so could would not reasonably be expected to have a Material Adverse Effect; (b) take all reasonable action to maintain all rights, privileges, permits, licenses and franchises necessary or desirable in the normal conduct of its business, except to the extent that failure to do so could would not reasonably be expected to have a Material Adverse Effect; and (c) preserve or renew all of its registered patents, trademarks, trade names and service marks, the non-preservation of which could would reasonably be expected to have a Material Adverse Effect. Without limiting the generality of the foregoing, the Borrower will do all things necessary to maintain its status as a REIT.
Appears in 5 contracts
Samples: Revolving Credit Agreement (Voya Financial, Inc.), Revolving Credit Agreement (Voya Financial, Inc.), Revolving Credit Agreement (Voya Financial, Inc.)
Preservation of Existence, Etc. (a) Preserve, renew and maintain in full force and effect its legal existence and good standing under the Laws of the jurisdiction of its organization organization, except in a transaction not prohibited permitted by Section 7.04 7.4 or 7.05, or Section 7.5 except to the extent that failure to do so could not reasonably be expected to have a Material Adverse Effect; , (b) take all reasonable action to maintain all rights, privileges, permits, licenses and franchises necessary or desirable in the normal conduct of its business, except to the extent that failure to do so could not reasonably be expected to have a Material Adverse Effect; and (c) preserve or renew all of its registered patents, trademarks, trade names and service marks, the non-preservation of which could reasonably be expected to have a Material Adverse Effect. Without limiting the generality of the foregoing, the Borrower will do all things necessary to maintain its status as a REIT.
Appears in 4 contracts
Samples: Credit Agreement (Micros Systems Inc), Credit Agreement (Micros Systems Inc), Credit Agreement (Micros Systems Inc)
Preservation of Existence, Etc. (a) Preserve, renew and maintain in full force and effect its legal existence and good standing under the Laws of the jurisdiction of its organization (and, except in a transaction not prohibited by Section 7.04 or 7.05, or to the extent that the failure to do so could would not reasonably be expected to have a Material Adverse Effect, good standing) under the Laws of the jurisdiction of its organization or formation except in a transaction permitted by Section 7.04 or 7.05; (b) take all reasonable action to maintain all rights, privileges, permits, licenses and franchises necessary or desirable in the normal conduct of its business, except to the extent that failure to do so could would not reasonably be expected to have a Material Adverse Effect; and (c) preserve or renew all of its registered patentsIntellectual Property, trademarks, trade names and service marks, except to the non-preservation extent such Intellectual Property is no longer used or useful in the conduct of which could the business of the Loan Parties or that the failure to do so would not reasonably be expected to have a Material Adverse Effect. Without limiting the generality of the foregoing, the Borrower will do all things necessary to maintain its status as a REIT.
Appears in 4 contracts
Samples: Asset Based Revolving Credit Agreement (King Merger Sub II LLC), Asset Based Revolving Credit Agreement (Nextier Oilfield Solutions Inc.), Asset Based Revolving Credit Agreement (Keane Group, Inc.)
Preservation of Existence, Etc. (a) Preserve, renew and maintain in full force and effect its legal existence and good standing under the Laws of the jurisdiction of its organization except in a transaction not prohibited permitted by Section 7.04 or 7.05; provided, or to however, that the extent that failure to do so could not reasonably be expected to have a Material Adverse Effect; Borrower and its Subsidiaries may consummate the Acquisition and the Mergers, (b) take all reasonable action to maintain all rights, privilegesprivileges (including its good standing), permits, licenses and franchises necessary or desirable in the normal conduct of its business, except to the extent that failure to do so could not reasonably be expected to have a Material Adverse Effect; , and (c) preserve or renew all of its registered patents, trademarks, trade names and service marks, the non-preservation of which could reasonably be expected to have a Material Adverse Effect. Without limiting the generality of the foregoing, the Borrower will do all things necessary to maintain its status as a REIT.
Appears in 4 contracts
Samples: Credit Agreement (Michael Foods Inc/New), Credit Agreement (Michael Foods Inc/New), Credit Agreement (Minnesota Products Inc)
Preservation of Existence, Etc. (a) Preserve, renew and maintain in full force and effect its legal existence and good standing under the Laws of the jurisdiction of its organization except in a transaction not prohibited permitted by Section 7.04 or 7.05, or to the extent that failure to do so could not reasonably be expected to have a Material Adverse Effect; .
(b) take Take all reasonable action to maintain (i) all rights, privileges, permits, licenses and franchises necessary or desirable in the normal conduct of its businessbusiness and (ii) if applicable, except its good standing under the Laws of the jurisdiction of its organization, except, in each case, to the extent that the failure to do so could not reasonably be expected to have a Material Adverse Effect; and .
(c) preserve Preserve or renew all of its registered patents, trademarks, trade names and service marksIP Rights, the non-preservation or non-renewal of which could reasonably be expected to have a Material Adverse Effect. Without limiting the generality of the foregoing, the Borrower will do all things necessary to maintain its status as a REIT.
Appears in 4 contracts
Samples: Credit Agreement (Coeur Mining, Inc.), Credit Agreement (Coeur Mining, Inc.), Credit Agreement (Coeur Mining, Inc.)
Preservation of Existence, Etc. (a) Preserve, renew and maintain in full force and effect its legal existence and good standing under the Laws of the jurisdiction of its organization (except in a transaction not prohibited permitted by Section 7.04 or 7.057.03), or except to the extent that the failure to do so could not reasonably be expected to have a Material Adverse Effect; (b) take all reasonable action to maintain all rights, privileges, permits, licenses and franchises necessary or desirable in the normal conduct of its business, except to the extent that failure to do so could not reasonably be expected to have a Material Adverse Effect; and (c) preserve or renew all of its registered patents, trademarks, trade names and service marks, the non-preservation of which could reasonably be expected to have a Material Adverse Effect. Without limiting the generality of the foregoing, the Borrower will do all things necessary to maintain its status as a REIT.
Appears in 4 contracts
Samples: Commitment Reduction and Amendment and Restatement Agreement (McClatchy Co), Credit Agreement (McClatchy Co), Credit Agreement (McClatchy Co)
Preservation of Existence, Etc. (a) Preserve, renew and maintain in full force and effect its legal existence and good standing under the Laws of the jurisdiction of its organization except (i) in a transaction not prohibited permitted by Section 7.04 or 7.05and (ii) with respect to Immaterial Subsidiaries only, or to the extent that failure to do so could as would not reasonably be expected to have a Material Adverse Effect; (b) take all reasonable action to maintain all rights, privileges, permits, licenses and franchises necessary or desirable in the normal conduct of its business, except to the extent that failure to do so could would not reasonably be expected to have a Material Adverse Effect; and (c) preserve or renew all of its registered patents, trademarks, trade names and service marks, the non-preservation or non-renewal of which could would reasonably be expected to have a Material Adverse Effect. Without limiting the generality of the foregoing, the Borrower will do all things necessary to maintain its status as a REIT.
Appears in 4 contracts
Samples: Credit Agreement (Barr Pharmaceuticals Inc), Credit Agreement (Barr Pharmaceuticals Inc), Credit Agreement (Barr Pharmaceuticals Inc)
Preservation of Existence, Etc. (a) Preserve, renew and maintain in full force and effect its legal existence and good standing under the Laws of the jurisdiction of its organization except in a transaction permitted by Section 8.04 or 8.05 or in a liquidation, dissolution, winding-up or other termination of existence not prohibited by Section 7.04 or 7.05, or to the extent that failure to do so could not reasonably be expected to have a Material Adverse Effect8.04; (b) take all reasonable action to maintain all rights, privileges, permits, licenses and franchises necessary or desirable in the normal conduct of its business, except to the extent that failure to do so could not reasonably be expected to have a Material Adverse Effect; and (c) preserve or renew all of its registered patents, trademarks, trade names and service marks, the non-preservation of which could reasonably be expected to have a Material Adverse Effect. Without limiting the generality of the foregoing, the Borrower will do all things necessary to maintain its status as a REIT.
Appears in 4 contracts
Samples: Credit Agreement (Fresenius Medical Care AG & Co. KGaA), Bank Credit Agreement (Fresenius Medical Care AG & Co. KGaA), Term Loan Credit Agreement (Fresenius Medical Care AG & Co. KGaA)
Preservation of Existence, Etc. (a) Preserve, renew and maintain in full force and effect its legal existence and and, where applicable, good standing under the Laws of the jurisdiction of its organization except in a transaction not prohibited by Section 7.04 8.4 or 7.058.5, or to the extent that failure to do so could not reasonably be expected to have a Material Adverse Effect; (b) take all reasonable action to maintain all rights, privileges, permits, licenses and franchises necessary or desirable in the normal conduct of its business, except to the extent that failure to do so could not reasonably be expected to have a Material Adverse Effect; and (c) preserve or renew all of its registered patents, trademarks, trade names and service marks, the non-preservation of which could reasonably be expected to have a Material Adverse Effect. Without limiting the generality of the foregoing, the Borrower will do all things necessary to maintain its status as a REIT.
Appears in 3 contracts
Samples: Credit Agreement (Healthpeak Properties, Inc.), Credit Agreement (Healthpeak Properties, Inc.), Credit Agreement (Physicians Realty Trust)
Preservation of Existence, Etc. (a) Preserve, renew and maintain in full force and effect its legal existence and good standing under the Laws of the jurisdiction of its organization except in a transaction not prohibited permitted by Section 7.04 or 7.05, (b) take all reasonable action to maintain all rights, privileges (including its good standing), permits, licenses and franchises necessary or desirable in the normal conduct of its business, except, other than with respect to Holdings’ and the Specified U.S. Borrower’s existence, to the extent that failure to do so could not reasonably be expected to have a Material Adverse Effect; (b) take all reasonable action to maintain all rights, privileges, permits, licenses and franchises necessary or desirable in the normal conduct of its business, except to the extent that failure to do so could not reasonably be expected to have a Material Adverse Effect; and (c) preserve or renew all of its registered patents, trademarks, trade names trademarks and service marks, the non-preservation of which individually could reasonably be expected to have a Material Adverse Effect. Without limiting the generality of the foregoing, the Borrower will do all things necessary to maintain its status as a REIT.
Appears in 3 contracts
Samples: Credit Agreement (Ply Gem Holdings Inc), Credit Agreement (Ply Gem Holdings Inc), Credit Agreement (Ply Gem Holdings Inc)
Preservation of Existence, Etc. (a) Preserve, renew and maintain in full force and effect its legal existence and good standing under the Laws of the jurisdiction of its organization except in a transaction not prohibited permitted by Section 7.04 7.04; provided, however, that the Loan Parties may consummate any merger, consolidation or 7.05, or to the extent that failure to do so could not reasonably be expected to have a Material Adverse Effectother transaction permitted under Section 7.04; (b) take all reasonable action to maintain all rights, privileges, permits, licenses and franchises necessary or desirable in the normal conduct of its business, except to the extent that failure to do so could not reasonably be expected to have a Material Adverse Effect; and (c) preserve or renew all of its registered patents, trademarks, trade names and service marks, the non-preservation non‑preservation of which could reasonably be expected to have a Material Adverse Effect. Without limiting the generality of the foregoing, the Borrower will do all things necessary to maintain its status as a REIT.
Appears in 3 contracts
Samples: Credit Agreement (Dennys Corp), Credit Agreement (Dennys Corp), Credit Agreement (Dennys Corp)
Preservation of Existence, Etc. (a) Preserve, renew and maintain in full force and effect its legal existence and good standing under the applicable Laws of the jurisdiction of its organization (except in connection with a transaction not prohibited permitted by Section 7.04 7.4, 7.5 or 7.05, 7.7 or to the extent that failure to do so could would not reasonably be expected to have a Material Adverse Effect); (b) take all commercially reasonable action to maintain all rights, privileges, permits, licenses and franchises necessary or desirable in the normal conduct of its business, except to the extent that failure to do so could would not reasonably be expected to have a Material Adverse Effect; and (c) preserve or renew all of its registered patents, trademarks, trade names and service marks, the non-preservation of which could would reasonably be expected to have a Material Adverse Effect. Without limiting the generality of the foregoing, the Borrower will do all things necessary to maintain its status as a REIT.
Appears in 3 contracts
Samples: Credit and Guaranty Agreement (Ventas Inc), Interim Loan and Guaranty Agreement (Ventas Inc), Credit and Guaranty Agreement (Ventas Inc)
Preservation of Existence, Etc. (a) PreserveExcept in a transaction permitted by Section 7.04 or 7.05, the Borrower shall preserve, renew and maintain in full force and effect its legal existence and good standing under the Laws of the jurisdiction of its organization except in a transaction not prohibited by Section 7.04 or 7.05, or to and the extent that failure to do so could not reasonably be expected to have a Material Adverse EffectBorrower and each Subsidiary shall maintain its legal existence; (b) take all reasonable action to maintain all rights, privileges, permits, licenses and franchises necessary or desirable in the normal conduct of its business, except to the extent that the failure to do so could not reasonably be expected to have a Material Adverse Effect; and (c) preserve or renew all of its material registered patents, copyrights, trademarks, trade names and service marks, the non-preservation of which could reasonably be expected to have a Material Adverse Effect. Without limiting the generality of the foregoing, the Borrower will do all things necessary to maintain its status as a REIT.
Appears in 2 contracts
Samples: Credit Agreement (TUTOR PERINI Corp), Credit Agreement (TUTOR PERINI Corp)
Preservation of Existence, Etc. (a) Preserve, renew and maintain in full force and effect its legal existence and good standing under the Laws of the jurisdiction of its organization except in a transaction not prohibited permitted by Section 7.04 or 7.05, or 7.05 and except with respect to the extent a Subsidiary that failure to do so could is not reasonably be expected to have a Material Adverse EffectSubsidiary or a Loan Party; (b) take all reasonable action to maintain all rights, privileges, permits, licenses and franchises necessary or desirable in the normal conduct of its business, except to the extent that failure to do so could not reasonably be expected to have a Material Adverse Effect; and (c) preserve or renew all of its registered patents, trademarks, trade names and service marks, the non-preservation of which could reasonably be expected to have a Material Adverse Effect. Without limiting the generality of the foregoing, the Borrower will do all things necessary to maintain its status as a REIT.
Appears in 2 contracts
Samples: Credit Agreement (Del Monte Foods Co), Credit Agreement (Del Monte Foods Co)
Preservation of Existence, Etc. (a) Preserve, renew and maintain in full force and effect its legal existence and good standing under the Laws of the jurisdiction of its organization except in a transaction not prohibited permitted by Section 7.04 or 7.057.04, or except to the extent that failure to do so could not reasonably be expected to have a Material Adverse Effect; (b) take all reasonable action to maintain all rights, privileges, permits, licenses and franchises necessary or desirable in the normal conduct of its business, except to the extent that failure to do so could not reasonably be expected to have a Material Adverse Effect; and (c) preserve or renew all of its registered patents, trademarks, trade names and service marks, the non-preservation of which could reasonably be expected to have a Material Adverse Effect. Without limiting the generality of the foregoing, the Borrower will do all things necessary to maintain its status as a REIT.
Appears in 2 contracts
Samples: Credit Agreement (Hillenbrand Industries Inc), 364 Day Credit Agreement (Hillenbrand Industries Inc)
Preservation of Existence, Etc. (a) PreserveExcept in a transaction permitted by Section 7.04 or 7.05, the Borrower shall preserve, renew and maintain in full force and effect its legal existence and good standing under the Laws of the jurisdiction of its organization except in a transaction not prohibited by Section 7.04 or 7.05, or to and the extent that failure to do so could not reasonably be expected to have a Material Adverse EffectBorrower and each Restricted Subsidiary shall maintain its legal existence; (b) take all reasonable action to maintain all rights, privileges, permits, licenses and franchises necessary or desirable in the normal conduct of its business, except to the extent that the failure to do so could not reasonably be expected to have a Material Adverse Effect; and (c) preserve or renew all of its material registered patents, copyrights, trademarks, trade names and service marks, the non-preservation of which could reasonably be expected to have a Material Adverse Effect. Without limiting the generality of the foregoing, the Borrower will do all things necessary to maintain its status as a REIT.
Appears in 2 contracts
Samples: Credit Agreement (Tutor Perini Corp), Credit Agreement (Tutor Perini Corp)
Preservation of Existence, Etc. (a) Preserve, renew and maintain in full force and effect its legal existence and good standing under the Laws of the jurisdiction of its organization except in a transaction not prohibited by Section 7.04 or 7.057.04, or to the extent that failure to do so could not reasonably be expected to have a Material Adverse Effect; ;
(b) take all reasonable action to maintain all rights, privileges, permits, licenses and franchises necessary or desirable in the normal conduct of its business, except to the extent that failure to do so could not reasonably be expected to have a Material Adverse Effect; and and
(c) preserve or renew all of its registered patents, trademarks, trade names and service marks, the non-preservation non‑preservation of which that could reasonably be expected to have a Material Adverse Effect. Without limiting the generality of the foregoing, the Borrower will do all things necessary to maintain its status as a REIT.
Appears in 2 contracts
Samples: Credit and Guaranty Agreement (Ventas Inc), Credit and Guaranty Agreement (Ventas Inc)
Preservation of Existence, Etc. (a) Preserve, renew and maintain in full force and effect its legal existence and good standing (except to the extent the failure to maintain good standing could not reasonably be expected to have a Material Adverse Effect) under the Laws of the jurisdiction of its organization except in a transaction not prohibited permitted by Section 7.04 7.03 or 7.05, or to the extent that failure to do so could not reasonably be expected to have a Material Adverse Effect7.04; (b) take all reasonable action to maintain all rights, privileges, permits, licenses and franchises necessary or desirable in the normal conduct of its business, except to the extent that failure to do so could not reasonably be expected to have a Material Adverse Effect; and (c) preserve or renew all of its registered patents, trademarks, trade names and service marks, the non-preservation of which could reasonably be expected to have a Material Adverse Effect. Without limiting the generality of the foregoing, the Borrower will do all things necessary to maintain its status as a REIT.
Appears in 2 contracts
Samples: Credit Agreement (Pzena Investment Management, Inc.), Credit Agreement (Pzena Investment Management, Inc.)
Preservation of Existence, Etc. (a) Preserve, renew and maintain in full force and effect its legal existence and good standing under the Laws of the jurisdiction of its organization except in a for the Initial Borrower Merger or any transaction not prohibited permitted by Section 7.04 or 7.057.09, or to the extent that failure to do so could not reasonably be expected to have a Material Adverse Effect; (b) take all reasonable action to maintain all rights, privilegesprivileges (including its good standing, if such concept is applicable in the applicable jurisdiction of organization), permits, licenses and franchises necessary or desirable in the normal conduct of its business, except to the extent that failure to do so could not reasonably be expected to have a Material Adverse Effect; Effect or as otherwise permitted hereunder, and (c) preserve or renew to the extent permitted under applicable Laws all of its United States registered patents, trademarks, trade names and service marks, the non-preservation of which could reasonably be expected to have a Material Adverse Effect. Without limiting the generality of the foregoing, the Borrower will do all things necessary to maintain its status Effect or as a REITotherwise permitted hereunder.
Appears in 2 contracts
Samples: Credit Agreement (Syniverse Holdings Inc), Credit Agreement (Syniverse Holdings Inc)
Preservation of Existence, Etc. (a) Preserve, renew and maintain in full force and effect its legal existence and good standing under the Laws of the jurisdiction of its organization except in a transaction not prohibited permitted by Section 7.04 8.04 or 7.05, or to the extent that failure to do so could not reasonably be expected to have a Material Adverse Effect; 8.05.
(b) take all Preserve, renew and maintain in full force and effect its good standing under the Laws of the jurisdiction of its organization.
(c) Take commercially reasonable action to maintain all rights, privileges, permits, licenses and franchises necessary or desirable in the normal conduct of its business, except to the extent that the failure to do so could not reasonably be expected to have a Material Adverse Effect; and .
(cd) preserve Preserve or renew all of its registered patents, trademarks, trade names IP Rights or IP Rights in respect of which an application for registration has been filed or recorded with the United States Copyright Office or the United States Patent and service marksTrademark Office, the non-preservation of which could reasonably be expected to have a Material Adverse Effect. Without limiting the generality of the foregoing, the Borrower will do all things necessary to maintain its status as a REIT.
Appears in 2 contracts
Samples: Credit Agreement (Syncardia Systems Inc), Second Lien Credit Agreement (Syncardia Systems Inc)
Preservation of Existence, Etc. (a) Preserve, renew and maintain in full force and effect its legal existence and good standing under the Laws of the jurisdiction of its organization except in a transaction not prohibited permitted by Section 7.04 or 7.05, or except to the extent that failure to do so could not reasonably be expected to have a Material Adverse Effect; adversely affect the Agent or the Secured Parties;
(b) take all reasonable action to maintain all rights, privileges, permits, licenses and franchises necessary or desirable in the normal conduct of its business, except to the extent that failure to do so could not reasonably be expected to have a Material Adverse Effect; and and
(c) preserve or renew all of its registered patents, trademarks, trade names and service marks, the non-preservation of which could reasonably be expected to have a Material Adverse Effect. Without limiting the generality of the foregoing, the Borrower will do all things necessary to maintain its status as a REIT.
Appears in 2 contracts
Samples: Credit Agreement (Solarcity Corp), Credit Agreement (Solarcity Corp)
Preservation of Existence, Etc. (a) Preserve, renew and maintain in full force and effect its legal existence and good standing under the Laws of the jurisdiction of its organization except in a transaction not prohibited permitted by Section 7.04 or 7.05; provided, or to however, that Holdings and its Subsidiaries may consummate the extent that failure to do so could not reasonably be expected to have a Material Adverse EffectMerger; (b) take all reasonable action to maintain all rights, privileges, permits, licenses and franchises necessary or desirable in the normal conduct of its business, except to the extent that failure to do so could not reasonably be expected to have a Material Adverse Effect; and (c) preserve or renew all of its registered patents, trademarks, trade names and service marks, the non-preservation of which could reasonably be expected to have a Material Adverse Effect. Without limiting the generality of the foregoing, the Borrower will do all things necessary to maintain its status as a REIT.
Appears in 2 contracts
Samples: First Lien Credit Agreement (Prospect Medical Holdings Inc), Second Lien Credit Agreement (Prospect Medical Holdings Inc)
Preservation of Existence, Etc. (a) Preserve, renew and maintain in full force and effect its legal existence and and, where applicable, good standing under the Laws of the jurisdiction of its organization except in a transaction not prohibited by Section 7.04 or 7.05, or to the extent that failure to do so could not reasonably be expected to have a Material Adverse Effect; (b) take all reasonable action to maintain all rights, privileges, permits, licenses and franchises necessary or desirable in the normal conduct of its business, except to the extent that failure to do so could not reasonably be expected to have a Material Adverse Effect; and (c) preserve or renew all of its registered patents, trademarks, trade names and service marks, the non-preservation non‑preservation of which could reasonably be expected to have a Material Adverse Effect. Without limiting the generality of the foregoing, the Borrower will do all things necessary to maintain its status as a REIT.
Appears in 2 contracts
Samples: Credit Agreement (Hcp, Inc.), Credit Agreement (Hcp, Inc.)
Preservation of Existence, Etc. (a) Preserve, renew and maintain in full force and effect its legal existence and good standing under the Laws of the jurisdiction of its organization except in a transaction permitted by Section 8.04 or in a liquidation, dissolution, winding-up or other termination of existence not prohibited by Section 7.04 or 7.05, or to the extent that failure to do so could not reasonably be expected to have a Material Adverse Effect8.04; (b) take all reasonable action to maintain all rights, privileges, permits, licenses and franchises necessary or desirable in the normal conduct of its business, except to the extent that failure to do so could not reasonably be expected to have a Material Adverse Effect; and (c) preserve or renew all of its registered patents, trademarks, trade names and service marks, the non-preservation of which could reasonably be expected to have a Material Adverse Effect. Without limiting the generality of the foregoing, the Borrower will do all things necessary to maintain its status as a REIT.
Appears in 2 contracts
Samples: Credit Agreement (Fresenius Medical Care AG & Co. KGaA), Amendment No. 2 (Fresenius Medical Care AG & Co. KGaA)
Preservation of Existence, Etc. (a) Preserve, renew and maintain in full force and effect its legal existence and good standing under the Laws of the jurisdiction of its organization (and, except in a transaction not prohibited by Section 7.04 or 7.05, or to the extent that the failure to do so could not reasonably be expected to have a Material Adverse Effect, good standing) under the Laws of the jurisdiction of its organization or formation except in a transaction permitted by Section 7.04 or 7.05; (b) take all reasonable action to maintain all rights, privileges, permits, licenses and franchises necessary or desirable in the normal conduct of its business, except to the extent that failure to do so could not reasonably be expected to have a Material Adverse Effect; and (c) preserve or renew all of its registered patentsIntellectual Property, trademarks, trade names and service marks, except to the non-preservation extent such Intellectual Property is no longer used or useful in the conduct of which the business of the Loan Parties or that failure to do so could not reasonably be expected to have have, individually or in the aggregate, a Material Adverse Effect. Without limiting the generality of the foregoing, the Borrower will do all things necessary to maintain its status as a REIT.
Appears in 2 contracts
Samples: Credit Agreement (Foot Locker Inc), Credit Agreement (Foot Locker Inc)
Preservation of Existence, Etc. (a) Preserve, renew and maintain in full force and effect its legal existence and good standing under the Laws of the jurisdiction of its organization except in a transaction not prohibited permitted by Section 7.04 6.04 or 7.05, or to 6.05 and except where the extent that failure to do so could maintain such good standing would not reasonably be expected to have a Material Adverse Effect; (b) take all reasonable action to maintain all rights, privileges, permits, licenses and franchises necessary or desirable in the normal conduct of its business, except to the extent that failure to do so could would not reasonably be expected to have a Material Adverse Effect; and (c) preserve or renew all those of its registered patents, trademarks, trade names and service marks, the non-preservation of which could would reasonably be expected to have a Material Adverse Effect. Without limiting the generality of the foregoing, the Borrower will do all things necessary to maintain its status as a REIT.
Appears in 2 contracts
Samples: Credit Agreement (Polycom Inc), Credit Agreement (Polycom Inc)
Preservation of Existence, Etc. (a) Preserve, renew and maintain in full force and effect its legal existence and good standing under the Laws of the jurisdiction of its organization except in a transaction not prohibited permitted by Section 7.04 7.03 or 7.05, 7. 04 or except to the extent that failure to do so could would not reasonably be expected to have a Material Adverse Effect; (b) take all reasonable action to maintain all rights, privileges, permits, licenses and franchises necessary or desirable in the normal conduct of its business, except to the extent that failure to do so could would not reasonably be expected to have a Material Adverse Effect; and (c) preserve or renew all of its registered patents, trademarks, trade names and service marks, the non-preservation of which could would reasonably be expected to have a Material Adverse Effect. Without limiting the generality of the foregoing, the Borrower will do all things necessary to maintain its status as a REIT.
Appears in 2 contracts
Samples: Term Loan Agreement, Term Loan Agreement (ING U.S., Inc.)
Preservation of Existence, Etc. (a) Preserve, renew and maintain in full force and effect its legal existence and good standing under the Laws of the jurisdiction of its organization except in a transaction not prohibited permitted by Section 7.04 or 7.05, or except to the extent that failure to do so could not reasonably be expected to have a Material Adverse Effect; adversely affect the Agent or the Secured Parties.
(b) take all reasonable action to maintain all rights, privileges, permits, licenses and franchises necessary or desirable in the normal conduct of its business, except to the extent that failure to do so could not reasonably be expected to have a Material Adverse Effect; and and
(c) preserve or renew all of its registered patents, trademarks, trade names and service marks, the non-preservation of which could reasonably be expected to have a Material Adverse Effect. Without limiting the generality of the foregoing, the Borrower will do all things necessary to maintain its status as a REIT.
Appears in 1 contract
Samples: Credit Agreement (Solarcity Corp)
Preservation of Existence, Etc. (a) Preserve, renew and maintain in full force and effect its legal existence and good standing under the Laws of the jurisdiction of its organization except in a transaction not prohibited permitted by Section 7.04 or 7.05, 7.05 or to in the extent that failure to do so could case of the dissolution of a Subsidiary of the Borrower not reasonably be expected to have a Material Adverse Effectin violation of this Agreement; (b) take all reasonable action to maintain all rights, privileges, permits, licenses and franchises necessary or desirable in the normal conduct of its business, except to the extent that failure to do so could not reasonably be expected to have a Material Adverse Effect; and (c) preserve or renew all of its registered patents, trademarks, trade names and service marks, the non-preservation of which could reasonably be expected to have a Material Adverse Effect. Without limiting the generality of the foregoing, the Borrower will do all things necessary to maintain its status as a REIT.
Appears in 1 contract
Preservation of Existence, Etc. (a) Preserve, renew and maintain in full force and effect its legal existence and good standing under the Laws of the jurisdiction of its organization except in a transaction not prohibited by Section 7.04 or 7.05, or to the extent that failure to do so could not reasonably be expected to have a Material Adverse Effect; ;
(b) take all reasonable action to maintain all rights, privileges, permits, licenses and franchises necessary or desirable in the normal conduct of its business, except to the extent that failure to do so could not reasonably be expected to have a Material Adverse Effect; and and
(c) preserve or renew all of its registered patents, trademarks, trade names and service marks, the non-preservation of which could reasonably be expected to have a Material Adverse Effect. Without limiting the generality of the foregoing, the Borrower will do all things necessary to maintain its status as a REIT.
Appears in 1 contract
Preservation of Existence, Etc. (a) Preserve, renew and maintain in full force and effect its legal existence and good standing under the Laws of the jurisdiction of its organization except in a transaction not prohibited permitted by Section 7.04 or 7.05, or to the extent that failure to do so could not reasonably be expected to have a Material Adverse Effect7.05 and except for Inactive Subsidiaries and any other Subsidiary whose book value is less than $1,000,000; (b) take all reasonable action to maintain all rights, privileges, permits, licenses and franchises necessary or desirable in the normal conduct of its business, except to the extent that failure to do so could not reasonably be expected to have a Material Adverse Effect; and (c) preserve or renew all of its registered patents, trademarks, trade names and service marks, the non-preservation of which could reasonably be expected to have a Material Adverse Effect. Without limiting the generality of the foregoing, the Borrower will do all things necessary to maintain its status as a REIT.
Appears in 1 contract
Preservation of Existence, Etc. (a) Preserve, renew and maintain in full force and effect its legal existence and good standing (except for any failure to maintain such good standing could not reasonably be expected to have a Material Adverse Effect) under the Laws of the jurisdiction of its organization except in a transaction not prohibited permitted by Section 7.04 or 7.05, or to the extent that failure to do so could not reasonably be expected to have a Material Adverse Effect; (b) take all reasonable action to maintain all rights, privileges, permits, licenses and franchises necessary or desirable in the normal conduct of its business, except to the extent that failure to do so could not reasonably be expected to have a Material Adverse Effect; and (c) preserve or renew all of its registered patents, trademarks, trade names and service marks, the non-preservation of which could reasonably be expected to have a Material Adverse Effect. Without limiting the generality of the foregoing, the Borrower will do all things necessary to maintain its status as a REIT.
Appears in 1 contract
Preservation of Existence, Etc. (a) Preserve, renew and maintain in full force and effect its legal existence and good standing under the Laws of the jurisdiction of its organization except in a transaction not prohibited permitted by Section 7.04 6.04 or 7.056.05; provided, however, that Holdings and its Subsidiaries may consummate any merger or to the extent that failure to do so could not reasonably be expected to have a Material Adverse Effect; consolidation permitted under Section 6.04.
(b) take Take all reasonable action to maintain all rights, privileges, permits, licenses and franchises necessary or desirable in the normal conduct of its business, except to the extent that failure to do so could not reasonably be expected to have a Material Adverse Effect; and .
(c) preserve Preserve or renew all of its registered patents, trademarks, trade names and service marks, the non-preservation of which could reasonably be expected to have a Material Adverse Effect. Without limiting the generality of the foregoing, the Borrower will do all things necessary to maintain its status as a REIT.
Appears in 1 contract
Preservation of Existence, Etc. (a) Preserve, renew and maintain in full force and effect its legal existence and good standing (or equivalent status) under the Laws of the jurisdiction of its organization except in a transaction not prohibited permitted by Section 7.04 Clause 21.4 (Fundamental Changes) or 7.05, or to the extent that failure to do so could not reasonably be expected to have a Material Adverse EffectClause 21.5(c) (Dispositions); (b) take all reasonable action to maintain all rights, privileges, permits, licenses licenses, approvals and franchises in each case which are necessary or desirable in the normal conduct of its business, except to the extent that failure to do so could not reasonably be expected to have a Material Adverse Effect; and (c) preserve or renew all of its registered patents, trademarks, trade names and service marks, the non-preservation or non-renewal of which could reasonably be expected to have a Material Adverse Effect. Without limiting the generality of the foregoing, the Borrower will do all things necessary to maintain its status as a REIT.
Appears in 1 contract
Samples: Amendment and Restatement Agreement (Discovery Communications, Inc.)
Preservation of Existence, Etc. (a) Preserve, renew and maintain in full force and effect its legal existence and good standing under the Laws of the jurisdiction of its organization except in a transaction not prohibited permitted by Section 7.04 or 7.05, or except to the extent that a failure to do so maintain good standing could not reasonably be expected to have a Material Adverse Effect; (b) take all reasonable action to maintain all rights, privileges, permits, licenses and franchises necessary or desirable in the normal conduct of its business, except to the extent that failure to do so could not 119889268 reasonably be expected to have a Material Adverse Effect; and (c) preserve or renew all of its registered patents, trademarks, trade names and service marks, the non-preservation of which could reasonably be expected to have a Material Adverse Effect. Without limiting the generality of the foregoing, the Borrower will do all things necessary to maintain its status as a REIT.
Appears in 1 contract
Samples: Credit Agreement (Mastec Inc)
Preservation of Existence, Etc. (a) Preserve, renew and maintain in full force and effect its legal existence and good standing under the Laws of the jurisdiction of its organization except in a transaction not prohibited permitted by Section 7.04 8.04 or 7.05, 8.05 or to the extent that failure to do so could not reasonably be expected to have a Material Adverse Effect; (b) take all reasonable action to maintain all rights, privileges, permits, licenses and franchises necessary or desirable in the normal conduct of its business, except to the extent that failure to do so could not reasonably be expected to have a Material Adverse Effect; and (c) preserve or renew all of its registered patents, trademarks, trade names and service marks, the non-preservation of which could reasonably be expected to have a Material Adverse Effect. Without limiting the generality of the foregoing, the Borrower will do all things necessary to maintain its status as a REIT.
Appears in 1 contract
Preservation of Existence, Etc. (a) Preserve, renew and maintain in full force and effect its legal existence and good standing under the Laws of the jurisdiction of its organization (except in a transaction not prohibited permitted by Section 7.04 or 7.057.04), or except to the extent that the failure to do so could not reasonably be expected to have a Material Adverse Effect; (b) take all reasonable action to maintain all rights, privileges, permits, licenses and franchises necessary or desirable in the normal conduct of its business, except to the extent that failure to do so could not reasonably be expected to have a Material Adverse Effect; and (c) preserve or renew all of its registered patents, trademarks, trade names and service marks, the non-preservation of which could reasonably be expected to have a Material Adverse Effect. Without limiting the generality of the foregoing, the Borrower will do all things necessary to maintain its status as a REIT.
Appears in 1 contract
Samples: Credit Agreement (McClatchy Co)
Preservation of Existence, Etc. (a) Preserve, renew and maintain in full force and effect its legal existence and good standing under the Laws of the jurisdiction of its organization (except in a transaction not prohibited permitted by Section 7.04 or 7.057.03), or except to the extent that the failure to do so could not reasonably be expected to have a Material Adverse Effect; (b) take all reasonable action to maintain all rights, privileges, permits, licenses and franchises necessary or desirable in the normal conduct of its business, except to the extent that failure to do so could not reasonably be expected to have a Material Adverse Effect; and (c) preserve or renew all of its registered patents, trademarks, trade names and service marks, the non-preservation of which could reasonably be expected to have a Material Adverse Effect. Without limiting the generality of the foregoing, the Borrower will do all things necessary to maintain its status as a REIT.
Appears in 1 contract
Samples: Credit Agreement (McClatchy Co)
Preservation of Existence, Etc. (a) Preserve, renew and maintain in full force and effect its legal existence and good standing under the Laws of the jurisdiction of its organization except in a transaction not prohibited permitted by Section SECTION 7.04 or OR 7.05; PROVIDED, or to HOWEVER, that the extent that failure to do so could not reasonably be expected to have a Material Adverse EffectBorrower may consummate the Merger and the Acquisition; (b) take all reasonable action to maintain all rights, privileges, permits, licenses and franchises necessary or desirable in the normal conduct of its business, except to the extent that failure to do so could not reasonably be expected to have a Material Adverse Effect; and (c) preserve or renew all of its registered patents, trademarks, trade names and service marks, the non-preservation of which could reasonably be expected to have a Material Adverse Effect. Without limiting the generality of the foregoing, the Borrower will do all things necessary to maintain its status as a REIT.
Appears in 1 contract
Preservation of Existence, Etc. (a) Preserve, renew and maintain in full force and effect its legal existence and good standing under the Laws Applicable Law of the jurisdiction of its organization organization, except in a transaction not prohibited permitted by Section 7.04 7.4 or 7.05Section 7.5, or and except with respect to inactive and immaterial Subsidiaries of the extent that failure to do so could not reasonably be expected to have a Material Adverse EffectBorrower and the Parent Company; (b) take all reasonable action to maintain all rights, privileges, permits, licenses and franchises necessary or desirable in the normal conduct of its business, except to the extent that failure to do so could not reasonably be expected to have a Material Adverse Effect; and (c) preserve or renew all of its registered patents, copyrights, trademarks, trade names and service marks, the non-preservation of which could reasonably be expected to have a Material Adverse Effect. Without limiting the generality of the foregoing, the Borrower will do all things necessary to maintain its status as a REIT.
Appears in 1 contract
Preservation of Existence, Etc. (a) Preserve, renew and maintain in full force and effect its legal existence and good standing (to the extent such concept is relevant under the Laws of the applicable jurisdiction of incorporation or organization) under the Laws of the jurisdiction of its organization except in a transaction not prohibited permitted by Section 7.04 or 7.05, or to the extent that failure to do so could not reasonably be expected to have a Material Adverse Effect; (b) take all reasonable action to maintain all rights, privileges, permits, licenses and franchises necessary or desirable in the normal conduct of its business, except to the extent that failure to do so could not reasonably be expected to have a Material Adverse Effect; and (c) preserve or renew all of its registered patents, trademarks, trade names and service marks, the non-preservation of which could reasonably be expected to have a Material Adverse Effect. Without limiting the generality of the foregoing, the Borrower will do all things necessary to maintain its status as a REIT.
Appears in 1 contract
Preservation of Existence, Etc. (a) Preserve, renew and maintain in full force and effect its legal existence and good standing under the Laws of the jurisdiction of its organization organization, except in a transaction not prohibited permitted by Section 7.04 8.04 or 7.05Section 8.05, or to the extent that failure to do so could not reasonably be expected to have a Material Adverse Effect; (b) take all reasonable action to maintain all rights, privileges, permits, licenses and franchises necessary or desirable in the normal conduct of its business, except to the extent that failure to do so could not reasonably be expected to have a Material Adverse Effect; and (c) preserve or renew all of its material registered copyrights, patents, trademarks, trade names and service marks, except in a transaction permitted by Section 8.04 or Section 8.05 or to the non-preservation of which extent that failure to do so could not reasonably be expected to have a Material Adverse Effect. Without limiting the generality of the foregoing, the Borrower will do all things necessary to maintain its status as a REIT.
Appears in 1 contract
Preservation of Existence, Etc. (a) Preserve, renew Preserve and maintain in full force and effect its legal existence and good standing under the Laws of the jurisdiction of its organization except in a transaction not prohibited permitted by Section 7.04 or 7.05; provided, however, that the Borrower and any of its Restricted Subsidiaries may consummate any merger or to the extent that failure to do so could not reasonably be expected to have a Material Adverse Effectconsolidation permitted under Section 7.04; (b) take all reasonable action to maintain all rights, privileges, permits, licenses and franchises necessary or desirable in the normal conduct of its business, except to the extent that failure to do so could not reasonably be expected to have a Material Adverse Effect; and (c) renew and use all reasonable efforts to preserve or renew all of its registered patents, trademarks, trade names and service marksIntellectual Property, the non-preservation of which could reasonably be expected to have a Material Adverse Effect. Without limiting the generality of the foregoing, the Borrower will do all things necessary to maintain its status as a REIT.
Appears in 1 contract
Samples: Credit Agreement (Universal American Financial Corp)
Preservation of Existence, Etc. (a) Preserve, renew and maintain in full force and effect its legal existence and good standing under the Laws of the jurisdiction of its organization except in a transaction not prohibited permitted by Section 7.04 or 7.05; provided, or to however, that the extent that failure to do so could not reasonably be expected to have a Material Adverse EffectBorrower and its Subsidiaries may consummate the Foreign Reorganization; (b) take all reasonable action to maintain all rights, privileges, permits, licenses and franchises necessary or desirable in the normal conduct of its business, except to the extent that failure to do so could not reasonably be expected to have a Material Adverse Effect; and (c) preserve or renew all of its registered patents, trademarks, trade names and service marks, the non-preservation of which could reasonably be expected to have a Material Adverse Effect. Without limiting the generality of the foregoing, the Borrower will do all things necessary to maintain its status as a REIT.
Appears in 1 contract
Samples: Credit Agreement (Helix Energy Solutions Group Inc)
Preservation of Existence, Etc. (a) Preserve, renew Preserve and maintain in full force and effect its legal existence and good standing under the Laws of the jurisdiction of its organization except in a transaction not prohibited permitted by Section 7.04 or 7.05; provided, however, that the Borrower and any of its Subsidiaries may consummate any merger or to the extent that failure to do so could not reasonably be expected to have a Material Adverse Effectconsolidation permitted under Section 7.04; (b) take all reasonable action to maintain all rights, privileges, permits, licenses and franchises necessary or desirable in the normal conduct of its business, except to the extent that failure to do so could not reasonably be expected to have a Material Adverse Effect; and (c) renew and use all reasonable efforts to preserve or renew all of its registered patents, trademarks, trade names and service marksIntellectual Property, the non-preservation of which could reasonably be expected to have a Material Adverse Effect. Without limiting the generality of the foregoing, the Borrower will do all things necessary to maintain its status as a REIT.
Appears in 1 contract
Preservation of Existence, Etc. (a) Preserve, renew and maintain in full force and effect its legal existence and good standing under the Laws of the jurisdiction of its organization except in a transaction not prohibited permitted by Section 7.04 or 7.05, Section 7.05 or to the extent that failure to do so could not reasonably be expected to have a Material Adverse Effect; (b) take all reasonable action to maintain all rights, privileges, permits, licenses and franchises necessary or desirable in the normal conduct of its business, except to the extent that failure to do so could not reasonably be expected to have a Material Adverse Effect; and (c) preserve or renew all of its registered patents, trademarks, trade names and service marks, the non-preservation of which could reasonably be expected to have a Material Adverse Effect. Without limiting the generality of the foregoing, the Borrower will do all things necessary to maintain its status as a REIT.
Appears in 1 contract
Preservation of Existence, Etc. (a) Preserve, renew and maintain in full force and effect its legal existence and good standing under the Laws of the jurisdiction of its organization except in a transaction not prohibited permitted by Section 7.04 or 7.05, ; provided that the Borrower and its Subsidiaries may consummate any merger or to the extent that failure to do so could not reasonably be expected to have a Material Adverse Effectconsolidation permitted under Section 7.04; (b) take all reasonable action to maintain all rights, privileges, permits, licenses and franchises necessary or desirable in the normal conduct of its business, except to the extent that failure to do so could not reasonably be expected to have a Material Adverse Effect; and (c) preserve or renew all of its registered patents, trademarks, trade names and service marks, the non-preservation of which could reasonably be expected to have a Material Adverse Effect. Without limiting the generality of the foregoing, the Borrower will do all things necessary to maintain its status as a REIT.
Appears in 1 contract
Preservation of Existence, Etc. (a) Preserve, renew and maintain in full force and effect its legal existence and good standing under the Laws of the jurisdiction of its organization except (i) in a transaction not prohibited permitted by Section SECTION 7.04 or 7.05, 7.05 or to (ii) for the extent that failure to do so could not reasonably be expected to have a Material Adverse Effectconsummation of the Merger and the Reorganization; (b) take all reasonable action to maintain all rights, privileges, permits, licenses and franchises necessary or desirable in the normal conduct of its business, except to the extent that failure to do so could not reasonably be expected to have a Material Adverse Effect; and (c) preserve or renew all of its registered patents, trademarks, trade names and service marks, the non-preservation of which could reasonably be expected to have a Material Adverse Effect. Without limiting the generality of the foregoing, the Borrower will do all things necessary to maintain its status as a REIT.
Appears in 1 contract
Samples: Credit Agreement (Solo Texas, LLC)
Preservation of Existence, Etc. (a) Preserve, renew and maintain in full force and effect its legal existence and good standing (to the extent such concept is relevant under the Laws of the applicable jurisdiction of incorporation or organization) under the Laws of the jurisdiction of its organization except in a transaction not prohibited permitted by Section 7.04 or 7.05, or to the extent that failure to do so could not reasonably be expected to have a Material Adverse Effect; (b) take all reasonable action to maintain all rights, privileges, permits, licenses and franchises necessary or desirable in the normal conduct of its business, except to the extent that failure to do so could would not reasonably be expected to have a Material Adverse Effect; and (c) preserve or renew all of its registered patents, trademarks, trade names and service marks, the non-preservation of which could would reasonably be expected to have a Material Adverse Effect. Without limiting the generality of the foregoing, the Borrower will do all things necessary to maintain its status as a REIT.
Appears in 1 contract
Preservation of Existence, Etc. Each Borrower shall, and shall cause each other Loan Document Party, each Subsidiary and each Controlled Investment Affiliate to (a) Preservepreserve, renew and maintain in full force and effect its legal existence and good standing under the Laws of the jurisdiction of its organization except in a transaction not prohibited permitted by Section 7.04 or 7.05, or to the extent that failure to do so could not reasonably be expected to have a Material Adverse Effectas otherwise permitted under this Agreement; (b) take all reasonable action to maintain all rights, privileges, permits, licenses and franchises necessary or desirable advisable in the normal conduct of its business, except to the extent that failure to do so could is not reasonably be expected to have a Material Adverse Effect; and (c) preserve or renew all of its registered patents, trademarks, trade names and service marks, the non-preservation of which could is reasonably be expected to have a Material Adverse Effect. Without limiting the generality of the foregoing, the Borrower will do all things necessary to maintain its status as a REIT.
Appears in 1 contract
Preservation of Existence, Etc. (a) Preserve, renew and maintain in full force and effect its legal existence and good standing (to the extent such concept is relevant under the Laws of the applicable jurisdiction of incorporation or organization) under the Laws of the jurisdiction of its organization except in a transaction not prohibited permitted by Section 7.04 or 7.05, or to the extent that failure to do so could not reasonably be expected to have a Material Adverse Effect; ;
(b) take all reasonable action to maintain all rights, privileges, permits, licenses and franchises necessary or desirable in the normal conduct of its business, except to the extent that failure to do so could not reasonably be expected to have a Material Adverse Effect; and and
(c) preserve or renew all of its registered patents, trademarks, trade names and service marks, the non-preservation of which could reasonably be expected to have a Material Adverse Effect. Without limiting the generality of the foregoing, the Borrower will do all things necessary to maintain its status as a REIT.
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Preservation of Existence, Etc. (a) Preserve, renew and maintain in full force and effect its legal existence and good standing under the Laws of the jurisdiction of its organization except in a transaction not prohibited permitted by Section 7.03 or 7.04 or 7.05; provided, or to however, that the extent that failure to do so could not reasonably be expected to have a Material Adverse EffectSpecified Companies and their respective Subsidiaries may consummate the Transactions, as applicable; (b) take all reasonable action to maintain all rights, privileges, permits, licenses and franchises necessary or desirable in the normal conduct of its business, except to the extent that failure to do so could not reasonably be expected to have a Material Adverse Effect; and (c) preserve or renew all of its registered patents, trademarks, trade names and service marks, the non-preservation of which could reasonably be expected to have a Material Adverse Effect. Without limiting the generality of the foregoing, the Borrower will do all things necessary to maintain its status as a REIT.
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Preservation of Existence, Etc. (a) Preserve, renew and maintain in full force and effect its itsthe legal existence of each of the Borrowers and good standing their Significant Subsidiaries under the Laws of the jurisdiction of its incorporation or organization except in a transaction not prohibited permitted by Section 7.04 8.04 or 7.05, or to the extent that failure to do so could not reasonably be expected to have a Material Adverse Effect; 8.05.
(b) take Take all reasonable action to maintain all rights, privileges, permits, licenses and franchises necessary or desirable in the normal conduct of its business, except to the extent that the failure to do so could couldwould not reasonably be expected to have a Material Adverse Effect; and .
(c) preserve Preserve or renew all of its material registered patents, trademarks, trade names and service marks, the non-preservation of which could reasonably be expected to have a Material Adverse Effect. Without limiting the generality of the foregoing, the Borrower will do all things necessary to maintain its status as a REIT.
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Samples: Thirteenth Amendment to Fourth Amended and Restated Credit Agreement (Quanta Services, Inc.)
Preservation of Existence, Etc. (a) Preserve, renew and maintain in full force and effect its legal existence and good standing under the Laws of the jurisdiction of its organization except in a transaction not prohibited permitted by Section 7.04 or 7.05; provided, however, that Holdings and its Subsidiaries may consummate the Merger and any other merger or to the extent that failure to do so could not reasonably be expected to have a Material Adverse Effectconsolidation permitted under Section 7.04; (b) take all reasonable action to maintain all rights, privileges, permits, licenses and franchises necessary or desirable in the normal conduct of its business, except to the extent that failure to do so could not reasonably be expected to have a Material Adverse Effect; and (c) preserve or renew all of its registered patents, trademarks, trade names and service marks, the non-preservation of which could reasonably be expected to have a Material Adverse Effect. Without limiting the generality of the foregoing, the Borrower will do all things necessary to maintain its status as a REIT.
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