Common use of Preservation of Existence, Etc Clause in Contracts

Preservation of Existence, Etc. (a) Preserve, renew and maintain in full force and effect 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.

Appears in 19 contracts

Samples: September Maturity Credit Agreement (Tennessee Valley Authority), Credit Agreement (Tennessee Valley Authority), March Maturity Credit Agreement (Tennessee Valley Authority)

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Preservation of Existence, Etc. (a) Preserve, renew and maintain in full force and effect its legal existenceexistence and good standing under the Laws of the jurisdiction of its organization. (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.

Appears in 9 contracts

Samples: Second Amended and Restated Second Lien Credit Agreement (Beneficient), Credit Agreement (Beneficient), Credit Agreement (Beneficient Co Group, L.P.)

Preservation of Existence, Etc. (a) Preserve, renew and maintain in full force and effect its legal existence. (b) Take existence and good standing under the Laws of the jurisdiction of its organization; 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 in a transaction permitted by Section 7.4 or 7.5; and preserve or renew all of its registered patents, trademarks, trade names and service marks, the extent that the failure to do so non-preservation of which could not reasonably be expected to have a Material Adverse Effect.

Appears in 8 contracts

Samples: Credit Agreement (Comstock Resources Inc), Credit Agreement (Comstock Oil & Gas, LP), Credit Agreement (Comstock Resources Inc)

Preservation of Existence, Etc. (a) Preserve, renew and maintain keep in full force and effect its legal existence. corporate or other existence and (b) Take take all reasonable action to maintain all rights, privileges, permits, licenses privileges and franchises necessary or desirable in the normal conduct of its business, except, in each case, as otherwise permitted by Section 8.04 and except to the extent that the failure to do so could not reasonably be expected to have a Material Adverse Effect.

Appears in 8 contracts

Samples: Incremental Joinder (SS&C Technologies Holdings Inc), Incremental Joinder & First Amendment to Credit Agreement (SS&C Technologies Holdings Inc), Credit Agreement (SS&C Technologies Holdings Inc)

Preservation of Existence, Etc. (a) Preserve, renew Preserve and maintain in full force and effect its legal existence. existence and good standing under the Laws of the jurisdiction of its organization; and (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 in each case (i) where the failure to do so could would not reasonably be expected to have a Material Adverse EffectEffect or (ii) as permitted in Section 7.03.

Appears in 6 contracts

Samples: Revolving Credit Agreement (EnLink Midstream, LLC), Term Loan Agreement (EnLink Midstream, LLC), Revolving Credit Agreement (EnLink Midstream, LLC)

Preservation of Existence, Etc. (a) Preserve, renew Preserve and maintain in full force and effect its legal existence. existence and good standing under the Laws of the jurisdiction of its organization and (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 except, in each case (i) where the failure so to do so could maintain or preserve (as the case may be) would not reasonably be expected to have cause a Material Adverse EffectEffect or (ii) as permitted in Section 7.03 or as a result of statutory conversions.

Appears in 4 contracts

Samples: 364 Day Credit Agreement (Plains Gp Holdings Lp), 364 Day Credit Agreement (Plains All American Pipeline Lp), Credit Agreement (Paa Natural Gas Storage Lp)

Preservation of Existence, Etc. (a) Preserve, renew and maintain in full force and effect its legal existence. 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; and (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.

Appears in 4 contracts

Samples: Credit Agreement (Timken Co), Credit Agreement (Timken Co), Credit Agreement (Timken Co)

Preservation of Existence, Etc. (a) Preserve, renew and maintain in full force and effect its legal existence. existence and good standing as a corporation under the Laws of the jurisdictions of its organization and (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.

Appears in 4 contracts

Samples: Margin Loan Agreement (Focus Media Holding LTD), Margin Loan Agreement (Focus Media Holding LTD), Margin Loan Agreement (Focus Media Holding LTD)

Preservation of Existence, Etc. (a) Preserve, renew and maintain in full force and effect its legal existence. existence and good standing under the Laws of the jurisdiction of its organization except to the extent that failure to do so could not reasonably be expected to have a Material Adverse Effect and (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.

Appears in 4 contracts

Samples: Credit Agreement (Springleaf Finance Inc), Credit Agreement (Springleaf Finance Corp), Credit Agreement (American General Finance Corp)

Preservation of Existence, Etc. (a) Preserve, renew renew, and maintain in full force and effect its legal existence. existence and good standing under the Laws of the jurisdiction of its organization, and (b) Take take all reasonable action to maintain all rights, privileges, permits, licenses licenses, and franchises necessary or desirable in the normal conduct of its business, except to the extent that (i) in a transaction permitted by Section 7.04, or (ii) where the failure to do so could would not reasonably be expected to have a Material Adverse Effect.

Appears in 4 contracts

Samples: Five Year Revolving Credit Agreement (Alltel Corp), 364 Day Revolving Credit Agreement (Alltel Corp), 364 Day Revolving Credit Agreement (Alltel Corp)

Preservation of Existence, Etc. (a) Preserve, renew and maintain in full force and effect its legal existence.existence under the Laws of the jurisdiction of its organization; and (b) Take take all reasonable action to maintain all rights, privilegesprivileges (including its good standing where applicable in the relevant jurisdiction), permits, licenses and franchises necessary or desirable in the normal conduct of its business, except except, in the case of this Section 5.4(b), to the extent that the failure to do so could not reasonably be expected to have have, individually or in the aggregate, a Material Adverse Effect.

Appears in 3 contracts

Samples: Abl Credit Agreement (Turning Point Brands, Inc.), Abl Credit Agreement (Mallinckrodt PLC), Abl Credit Agreement (Mallinckrodt PLC)

Preservation of Existence, Etc. (a) Preserve, renew and maintain in full force and effect its legal existence. existence and good standing under the Laws of the jurisdiction of its organization; (b) Take take all reasonable action to maintain all rights, privileges, permits, licenses and franchises reasonably 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.

Appears in 3 contracts

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

Preservation of Existence, Etc. (a) Preserve, renew and maintain in full force and effect its legal existence.existence under the Laws of the jurisdiction of its organization, except as expressly permitted by Section 7.06; and (b) Take take all reasonable action to maintain all rights, privilegesprivileges (including its status as validly existing), permits, licenses and franchises necessary or desirable in the normal conduct of its business, except to the extent that the failure to do so such rights, privileges, permits, licenses or franchise which, if not maintained, could not reasonably be expected to have result in a Material Adverse Effect.

Appears in 3 contracts

Samples: Credit Agreement (Puget Energy Inc /Wa), Credit Agreement (Puget Energy Inc /Wa), Credit Agreement (Puget Energy Inc /Wa)

Preservation of Existence, Etc. (a) Preserve, renew and maintain in full force and effect its legal existence. existence and good standing under the Governmental Requirements of the jurisdiction of its organization and each state in which it is qualified to do business; and (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 EffectChange.

Appears in 3 contracts

Samples: Loan Agreement (American Electric Technologies Inc), Loan Agreement (Internet America Inc), Loan Agreement (Micropac Industries Inc)

Preservation of Existence, Etc. (a) Preserve, renew and maintain in full force and effect its legal existence. existence and good standing under the Laws of the jurisdiction of its organization, (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; (c) preserve or renew any and all of its intellectual property material to its business, except and (d) preserve and renew all domain name registrations and uniform resource locators material to the extent that the failure to do so could not reasonably be expected to have a Material Adverse Effectits business.

Appears in 2 contracts

Samples: Credit Agreement (Kingfish Holding Corp), Credit Agreement (Kingfish Holding Corp)

Preservation of Existence, Etc. (a) Preserve, renew and maintain in full force and effect its legal existence. existence and good standing under the Laws of the jurisdiction of its organization and (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 except, in each case (i) where the failure so to do so could maintain or preserve (as the case may be) would not reasonably be expected to have cause a Material Adverse EffectEffect or (ii) as permitted in Section 7.03 or as a result of statutory conversions.

Appears in 2 contracts

Samples: Credit Agreement (Plains All American Pipeline Lp), Credit Agreement (Plains Gp Holdings Lp)

Preservation of Existence, Etc. (a) Preserve, renew and maintain in full force and effect its legal existence. existence under the Laws of the jurisdiction of its organization; and (b) Take all reasonable action to maintain all rights, privilegesprivileges (including its good standing where applicable in the relevant jurisdiction), permits, licenses and franchises necessary or desirable in the normal conduct of its business, except to except, in the extent that the failure to do so could not reasonably be expected to have a Material Adverse Effect.case of Section 6.05

Appears in 2 contracts

Samples: Credit Agreement (Redwire Corp), Credit Agreement (Redwire Corp)

Preservation of Existence, Etc. (a) Preserve, renew and maintain in full force and effect its legal existence. existence and good standing under the Laws of the jurisdiction of its organization; and (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 (in the case of this clause (b)) to the extent that the failure to do so could not reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Revolving Credit Facility (NewStar Financial, Inc.), Note Agreement (NewStar Financial, Inc.)

Preservation of Existence, Etc. (a) Preserve, renew and maintain in full force and effect its legal existence. existence and good standing under the Laws of the jurisdiction of its organization except in a transaction permitted by Section 7.04; and (b) Take take all reasonable action to maintain all rights, privileges, permits, licenses (including intellectual property licenses) and franchises necessary or desirable in material to the normal conduct of its business, except in each case to the extent that the failure to do so could not reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Credit Agreement (Andeavor Logistics Lp), Credit Agreement (Andeavor Logistics Lp)

Preservation of Existence, Etc. (a) Preserve, renew and maintain in full force and effect its legal existence. existence and good standing under the Laws of the jurisdiction of its organization except in a transaction permitted by Section 7.04 and (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.

Appears in 2 contracts

Samples: Credit Agreement (BMC Software Inc), Credit Agreement (BMC Software Inc)

Preservation of Existence, Etc. (a) Preserve, renew and maintain in full force and effect its legal existence. existence and good standing (or the equivalent thereof with respect to Foreign Borrowers, to the extent applicable) under the Laws of the jurisdiction of its organization except in a transaction permitted by Section 7.05 or 7.06; and (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.

Appears in 2 contracts

Samples: Credit Agreement (Urs Corp /New/), Credit Agreement (Urs Corp /New/)

Preservation of Existence, Etc. (a) Preserve, renew and maintain in full force and effect its legal existence. existence and good standing under the Laws of the jurisdiction of its organization; and (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.

Appears in 2 contracts

Samples: Credit Agreement, Credit, Security and Guaranty Agreement (World Wrestling Entertainmentinc)

Preservation of Existence, Etc. (a) Preserve, renew and maintain in full force and effect its legal existence. existence and good standing under the Laws of the jurisdiction of its organization; and (b) Take take all reasonable action to maintain all rights, privileges, permits, and 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.

Appears in 1 contract

Samples: Credit Agreement (Dynasty Financial Partners Inc.)

Preservation of Existence, Etc. (a) Preserve, renew renew, and maintain in full force and effect its legal existence.existence and good standing under the Laws of the jurisdiction of its organization; and (b) Take all reasonable action to maintain all rights, privileges, permits, licenses licenses, and franchises necessary or desirable in the opinion of management, 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.

Appears in 1 contract

Samples: Credit and Security Agreement (Alfi, Inc.)

Preservation of Existence, Etc. (a) Preserve, renew and maintain in full force and effect its legal existence. existence and good standing under the Laws of the jurisdiction of its organization; and (b) Take except to the extent that failure to do so would not reasonably be expected to have a Material Adverse Effect, take all reasonable action to maintain all rights, privileges, permits, permits and 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.

Appears in 1 contract

Samples: Credit Agreement (Leucadia National Corp)

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Preservation of Existence, Etc. (a) Preserve, renew and maintain in full force and effect its legal existence. existence under the Laws of the jurisdiction of its organization and (b) Take take all reasonable action to maintain all rightscorporate rights and privileges (including its good standing) except, privileges, permits, licenses and franchises necessary or desirable in the normal conduct case of its businessthis clause (b), except to the extent that the failure to do so could not reasonably be expected to (i) have a Material Adverse EffectEffect or (ii) materially and adversely affect the interests of Lender in its capacity as such under the Loan Documents.

Appears in 1 contract

Samples: Loan Agreement (Beyond Air, Inc.)

Preservation of Existence, Etc. (a) Preserve, renew and maintain in full force and effect its legal existence. existence and good standing under the Laws of the jurisdiction of its organization except in a transaction permitted by Section 7.04 or 7.05; (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 not reasonably be expected to have a Material Adverse Effect.conduct

Appears in 1 contract

Samples: Credit Agreement (Helen of Troy LTD)

Preservation of Existence, Etc. (a) Preserve, renew and maintain in full force and effect its legal existence.. WORKAMER\37666573.v3 70 (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.

Appears in 1 contract

Samples: February Maturity Community Bank Credit Agreement (Tennessee Valley Authority)

Preservation of Existence, Etc. (a) Preserve, renew Preserve and maintain in full force and effect its legal existence. existence and good standing under the Laws of the jurisdiction of its organization and (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 except, in each case (i) where the failure so to do so could maintain or preserve (as the case may be) would not reasonably be expected to have a Material Adverse Effect.be

Appears in 1 contract

Samples: 364 Day Credit Agreement

Preservation of Existence, Etc. (a) Preserve, renew and maintain in full force and effect its legal existence. existence and good standing as a corporation under the Laws of the jurisdictions of its organization; and (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.

Appears in 1 contract

Samples: Credit Agreement (Advisers Investment Trust)

Preservation of Existence, Etc. (a) Preserve, renew and maintain in full force and effect its legal existence.existence and good standing under the Governmental Requirements of the jurisdiction of its organization and each state in which it is qualified to do business; and (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 EffectChange.

Appears in 1 contract

Samples: Loan Agreement (Applied Blockchain, Inc.)

Preservation of Existence, Etc. (a) Preserve, renew and maintain in full force and effect its legal existence. (b) Take existence and good standing under the Laws of the jurisdiction of its organization; 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 and preserve or renew all of its registered patents, trademarks, trade names and service marks, the extent that the failure to do so non-preservation of which could not reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan Agreement (Comstock Resources Inc)

Preservation of Existence, Etc. (ai) Preserve, renew and maintain in full force and effect its legal existence. existence under the Laws of the jurisdiction of its organization and (bii) Take take all reasonable action to maintain all rights, privilegesprivileges (including its good standing, where such concept exists), 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.

Appears in 1 contract

Samples: Common Stock Purchase and Working Capital Loan Agreement (Mystic Holdings Inc./Nv)

Preservation of Existence, Etc. (a) Preserve, renew and maintain in full force and effect its legal existence. existence and good standing under the Laws of the jurisdiction of its organization except in a transaction permitted by Section 7.01; and (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.

Appears in 1 contract

Samples: Credit Agreement (NRG Energy, Inc.)

Preservation of Existence, Etc. (a) Preserve, renew and maintain in full force and effect its legal existenceexistence and good standing under the Laws of the jurisdiction of its organization except in a transaction permitted by Section 8.03. (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.

Appears in 1 contract

Samples: Credit Agreement (Qorvo, Inc.)

Preservation of Existence, Etc. (a) Preserve, renew and maintain in full force and effect its legal existence. existence under the Laws of the jurisdiction of its organization and (b) Take take all reasonable action to maintain all material rights, privilegesprivileges (including its good standing), permits, licenses and franchises necessary or desirable in the normal conduct of its business, except to except, in connection with the extent that Escrow Assumption, or, in the case of clause (b), as such failure to do so could would not reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Escrow Credit Agreement (CommScope Holding Company, Inc.)

Preservation of Existence, Etc. (a) Preserve, renew Preserve and maintain in full force and effect its legal existence. (b) Take existence and good standing under the Laws of the jurisdiction of its formation and take all reasonable action to maintain all rights, privileges, permits, licenses and franchises necessary or desirable in the opinion of management, 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 Effectbusinesses.

Appears in 1 contract

Samples: Revolving Line of Credit and Reimbursement Agreement (Airtran Holdings Inc)

Preservation of Existence, Etc. (a) Preserve, renew and maintain in full force and effect its legal existence. existence and good standing under the Laws of the jurisdiction of its organization; (b) Take take all reasonable action to maintain all rights, privileges, permits, licenses and franchises necessary which are material to the business of Borrower; and (c) preserve or desirable in the normal conduct renew all of its business, except registered IP Rights which are material to the extent that the failure to do so could not reasonably be expected to have a Material Adverse Effectbusiness of Borrower.

Appears in 1 contract

Samples: Loan Agreement (Noble Romans Inc)

Preservation of Existence, Etc. (a) Preserve, renew and maintain in full fall force and effect its legal existence. existence and good standing under the Laws of the jurisdiction of its organization; and (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 take such action could not reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Directv)

Preservation of Existence, Etc. (ai) Preserve, renew and maintain in full force and effect its legal existence. existence and good standing under the Laws of the jurisdiction of its organization and (bii) 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.

Appears in 1 contract

Samples: Loan Agreement (Condor Hospitality Trust, Inc.)

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