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 and good standing under the Laws of the jurisdiction of its organization or incorporation except in a transaction not prohibited by Section 7.02, except (other than with respect to the legal existence of the Borrower) to the extent that failure to do so could not reasonably be expected to result in 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.

Appears in 7 contracts

Samples: Credit Agreement (Broadcom Inc.), Credit Agreement (Broadcom Inc.), Credit Agreement (Broadcom Inc.)

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Preservation of Existence, Etc. (a) Preserve, renew and maintain or cause to be preserved, renewed and maintained and in full force and effect its and its Subsidiaries’ legal existence and good standing under the Laws of the jurisdiction of its each of their respective organization or incorporation except in a transaction not prohibited permitted by Section 7.02, except (other than with respect to the legal existence of the Borrower) to the extent that failure to do so could not reasonably be expected to result in a Material Adverse Effect, 7.04 or 7.05; (b) take all reasonable action to maintain or cause to be maintained all rights, privileges, permits, licenses and franchises necessary or desirable in the normal conduct of its businessbusiness and the business of its Subsidiaries, except to the extent that failure to do so could would not reasonably be expected to have a Material Adverse Effect Effect; and (c) preserve or renew or cause to be preserved and renewed all of its and it Subsidiaries’ registered patents, trademarks, trade names and service marks, the non-preservation of which could would reasonably be expected to have a Material Adverse Effect.

Appears in 7 contracts

Samples: Credit Agreement (Franklin Street Properties Corp /Ma/), Credit Agreement (Franklin Street Properties Corp /Ma/), Credit Agreement (Franklin Street Properties Corp /Ma/)

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 or incorporation except in a transaction not prohibited permitted by Section 7.027.05 and except, except (other than with respect to solely in the legal existence case of a Subsidiary that is not a Loan Party, where the Borrower) to the extent that failure to do so could not reasonably be expected to result in 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 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.

Appears in 6 contracts

Samples: Credit Agreement (Empire State Realty OP, L.P.), Credit Agreement (Empire State Realty OP, L.P.), Credit Agreement (Empire State Realty OP, L.P.)

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 or incorporation except in a transaction not prohibited permitted by Section 7.02, except (other than with respect to the legal existence of the Borrower) to the extent that failure to do so could not reasonably be expected to result in a Material Adverse Effect, 6.03 or 6.04; (b) take all reasonable action to maintain all rights, privilegeslicenses (including the Material Licenses), permits, licenses privileges and franchises necessary or desirable in the normal conduct of its business, except other than in the case of Material Licenses to the extent that failure to do so could not reasonably be expected to have a Material Adverse Effect Effect; and (c) preserve or and renew all of its registered patentsIntellectual Property rights, trademarksand protect all of its unregistered Intellectual Property rights, trade names and service marksused in the operation of its business, the non-preservation preservation, non-renewal or non-protection of which could reasonably be expected to have a Material Adverse Effect.

Appears in 5 contracts

Samples: Credit Agreement (TerrAscend Corp.), Credit Agreement (TerrAscend Corp.), Credit Agreement (TerrAscend 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 or incorporation organization, except (i) in a transaction not prohibited permitted by Section 7.027.04 or 7.05, except and (other than with respect to ii) in the legal existence case of Subsidiaries, where the Borrower) to the extent that failure to do so could not reasonably be expected to result in 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 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.

Appears in 5 contracts

Samples: Credit Agreement (Littelfuse Inc /De), Credit Agreement (Littelfuse Inc /De), Loan Agreement (Littelfuse Inc /De)

Preservation of Existence, Etc. (ai) Preserve, renew and maintain in full force and effect its legal existence and good standing under the Laws of the jurisdiction of its organization or incorporation except and maintain qualification in a transaction not prohibited by Section 7.02, except (other than with respect to each jurisdiction in which the legal existence of the Borrower) to the extent that failure to do so could not qualify would reasonably be expected to result in have a Material Adverse Effect, in each case, except in a transaction permitted by Section 8(c) or Section 8(g); (bii) 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 Effect; and (ciii) 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.. (e)

Appears in 4 contracts

Samples: Warrant Purchase Agreement (Sonder Holdings Inc.), Assignment and Assumption Agreement (Sonder Holdings Inc.), Warrant Purchase Agreement (Sonder 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 or incorporation except (i) in a transaction not prohibited by Section 7.02, except 7.3 or (other than with respect to the legal existence of the Borrowerii) to the extent that failure of any Subsidiary that is not a Loan Party to do so could would not reasonably be expected to result in 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 Effect; and (c) to the extent reasonably able to do so under Applicable Law, preserve or renew all of its issued patents and registered patents, trademarks, trade names trademarks and service marks, the non-preservation or non-renewal of which could would reasonably be expected to have a Material Adverse Effect.

Appears in 4 contracts

Samples: Credit Agreement (Cemex Sab De Cv), Credit Agreement (Cemex Sab De Cv), Credit Agreement (Cemex Sab De Cv)

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 or incorporation except (i) in a transaction not prohibited permitted by Section 7.027.04 or 7.05 or, except (other than ii) with respect to Foreign Subsidiaries, where the legal existence failure of the Borrower) to the extent that failure to do so which could not be reasonably be expected to result in 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 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.

Appears in 4 contracts

Samples: Term Loan Agreement (Panera Bread Co), Credit Agreement (Panera Bread Co), Term Loan Agreement (Panera Bread 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 or incorporation except in a transaction not prohibited permitted by Section 7.027.04 or 7.05 or, except (other than with respect to solely in the legal existence case of the Borrower) Immaterial Subsidiaries, to the extent that failure to do so could not reasonably be expected to result in 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 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.

Appears in 3 contracts

Samples: Credit Agreement (Kennedy-Wilson Holdings, Inc.), Credit Agreement (Kennedy-Wilson Holdings, Inc.), Credit Agreement (Kennedy-Wilson 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 or incorporation except (i) in a transaction not prohibited permitted by Section 7.02, except 7.04 or 7.05 or (other than ii) with respect to the legal existence of the Borrower) to the extent any Subsidiary that is not a Guarantor and where such failure to do so could would not reasonably be expected to result in 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 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.

Appears in 3 contracts

Samples: Credit Agreement (Precision Castparts Corp), Credit Agreement (Precision Castparts Corp), Credit Agreement (Precision Castparts 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 or incorporation except except, in the case of any Person other than the Parent Entities and the Borrower, in a transaction not prohibited by Section 7.02, except (other than with respect to the legal existence of the Borrower) permitted in this Agreement or to the extent that failure to do so could not reasonably be expected to result in 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 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.

Appears in 3 contracts

Samples: Credit Agreement (Ashford Hospitality Trust Inc), Credit Agreement (Ashford Hospitality Trust Inc), Credit Agreement (Ashford Hospitality Trust 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 or incorporation formation except in a transaction not prohibited permitted by Section 7.027.04 or 7.05 (except, except (other than with respect in the case of failure to the legal existence of the Borrower) maintain good standing, to the extent that failure to do so promptly cured or as otherwise could not reasonably be expected to result in 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 Effect; and (c) preserve or renew all of its registered patentsIntellectual Property, trademarks, trade names and service marks, except to the non-preservation of which extent failure to do so could not reasonably be expected to have a Material Adverse Effect.

Appears in 3 contracts

Samples: Credit Agreement (Stein Mart Inc), Term Loan Credit Agreement (Stein Mart Inc), Credit Agreement (Stein Mart 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 or incorporation except in a transaction not prohibited permitted by Section 7.027.04 or 7.05, and except (other than but only with respect to Non-Material Subsidiaries) where the legal existence of the Borrower) to the extent that failure to do so could not reasonably be expected to result in 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 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.

Appears in 3 contracts

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

Preservation of Existence, Etc. Except as a result of or in connection with a dissolution, merger or disposition of a Subsidiary of the Borrower permitted under Section 7.04 or Section 7.05, each Group Company will: (ai) Preservepreserve, renew and maintain in full force and effect its legal existence and good standing under the Laws of the jurisdiction of its organization or incorporation except in a transaction not prohibited by Section 7.02, except organization; (other than with respect to the legal existence of the Borrower) to the extent that failure to do so could not reasonably be expected to result in a Material Adverse Effect, (bii) 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 clause (i) or (ii) to the extent that failure to do so could not reasonably be expected to have a Material Adverse Effect Effect; and (ciii) 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.

Appears in 2 contracts

Samples: Second Lien Credit Agreement (Sbarro Inc), Credit Agreement (Sbarro Express LLC)

Preservation of Existence, Etc. (a) Preserve, renew and maintain in full force and effect its (i) the legal existence and good standing of such Borrower under the Laws of the jurisdiction of its organization or incorporation except in a transaction not prohibited by Section 7.02and (ii) the legal existence and good standing of each Subsidiary under the laws of the jurisdiction of its organization, except (other than with respect to the legal existence of the Borrower) a Subsidiary to the extent that failure to do so could not reasonably be expected to result in a Material Adverse Effect, permitted by 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 Effect; and (c) preserve or renew all of its registered patents, trademarks, trade names and service marks, in each case, the non-preservation of which could reasonably be expected to have a Material Adverse Effect.. 6.06

Appears in 2 contracts

Samples: Credit Agreement (Raymond James Financial Inc), Credit Agreement (Raymond James Financial Inc)

Preservation of Existence, Etc. (a) Preserve, renew and maintain in full force and effect its legal existence and , as applicable, good standing under the Laws of the jurisdiction of its organization or incorporation except in a transaction not prohibited permitted by Section 7.027.04 or 7.05, except (other than with respect to except, in the legal existence case of the Borrower) Subsidiaries, to the extent that failure to do so could would not reasonably be expected to result in 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 Effect; and (c) preserve or renew all of its registered patents, trademarks, trade names trademarks and service marksmarks to the extent legally able to be preserved, the non-preservation of which could would reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Credit Agreement (SunEdison Semiconductor LTD), Credit Agreement (SunEdison Semiconductor LTD)

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 or incorporation formation except in a transaction not prohibited permitted by Section 7.027.04 or 7.05; (except, except (other than with respect in the case of failure to the legal existence of the Borrower) maintain good standing, to the extent that failure to do so promptly cured or as otherwise could not reasonably be expected to result in 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 Effect; and (c) preserve or renew all of its registered patentsIntellectual Property, trademarks, trade names and service marks, except to the non-preservation of which extent failure to do so could not reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Master Loan Agreement (Stein Mart Inc), Credit Agreement (Stein Mart 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 or incorporation except in a transaction not prohibited by Section 7.02, except (other than with respect to i) in the legal existence case of the Borrower) good standing, to the extent that any failure to do so could not reasonably be expected to result in have a Material Adverse Effect, Effect and (ii) 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 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.

Appears in 2 contracts

Samples: Credit Agreement (Copart Inc), Credit Agreement (Copart 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 or incorporation organization, except in a transaction not prohibited permitted by Section 7.027.04 or 7.05, and except (other than with respect that no Subsidiary shall be required to preserve, renew and maintain its corporate existence and good standing, if the legal existence Borrower or such Subsidiary shall reasonably determine that the preservation thereof is no longer desirable in the conduct of the Borrower) to business of the extent Borrower and its Subsidiaries, taken as a whole, and that failure to do so the loss thereof could not be reasonably be expected to result in have a Material Adverse Effect, ; and (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.

Appears in 1 contract

Samples: Credit Agreement (Pacer International Inc)

Preservation of Existence, Etc. (ai) PreserveAs to the Guarantor and each Material Subsidiary, preserve, renew and maintain in full force and effect its legal existence and good standing under the Laws of the jurisdiction of its organization or incorporation except in a transaction not prohibited permitted by Section 7.0212(d) or 12(e), except (other than with respect and as to the any Subsidiary that is not a Material Subsidiary, preserve, renew and maintain in full force and effect its legal existence and good standing under the Laws of the Borrowerjurisdiction of its organization except as permitted by Section 12(d) or to the extent that the failure to do so could not would reasonably be expected to result in have a Material Adverse Effect, ; (bii) 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 would not reasonably be expected to have a Material Adverse Effect Effect; and (ciii) 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.

Appears in 1 contract

Samples: Cadence Design 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 or incorporation except in a transaction not prohibited by Section 7.027.04, or (except (other than with respect to the legal existence of the any Borrower) to the extent that failure to do so could not reasonably be expected to result in 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 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.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Quality Care Properties, Inc.)

Preservation of Existence, Etc. (a) Preserve, renew and maintain in full force and effect its (i) the legal existence and good standing of the Borrower under the Laws of the jurisdiction of its organization or incorporation except in a transaction not prohibited by Section 7.02and (ii) the legal existence and good standing of each Subsidiary under the laws of the jurisdiction of its organization, except (other than with respect to the legal existence of the Borrower) a Subsidiary to the extent that failure to do so could not reasonably be expected to result in a Material Adverse Effect, permitted by 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 Effect; and (c) preserve or renew all of its registered patents, trademarks, trade names and service marks, in each case, the non-preservation of which could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Raymond James 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 or incorporation except in a transaction not prohibited permitted by Section 7.027.04 or 7.05 or, except (other than with respect to solely in the legal existence case of the Borrower) Immaterial Subsidiaries, to the extent that failure to do so could not reasonably be expected to result in 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 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.. 100

Appears in 1 contract

Samples: Credit Agreement (Kennedy-Wilson Holdings, Inc.)

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Preservation of Existence, Etc. (a) Preserve, renew and maintain in full force and effect its legal existence and good standing (or the applicable foreign equivalent, if applicable) under the Laws of the jurisdiction of its organization or incorporation except in a transaction not prohibited permitted by Section 7.027.04 or 7.05, except (except, other than with respect to the legal existence of the Borrower) to the extent that failure to do so could a Loan Party or a Debtor, as would not reasonably be expected to result in 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 except with respect to Reclamation Dispositions; and (c) preserve or renew all of its registered patents, trademarks, trade names and service marks, the non-non- preservation of which could reasonably be expected to have a Material Adverse Effect.. 6.06

Appears in 1 contract

Samples: Possession Credit Agreement (GT Advanced Technologies Inc.)

Preservation of Existence, Etc. (a) Preserve, renew and maintain in full force and effect its legal existence under the Laws of the jurisdiction of its organization except in a transaction permitted by Section 7.04 or 7.05. (b) Preserve, renew and maintain in full force and effect its good standing under the Laws of the jurisdiction of its organization or incorporation except in a transaction not prohibited permitted by Section 7.02, except 7.04 or 7.05. (other than with respect to the legal existence of the Borrowerc) to the extent that failure to do so could not reasonably be expected to result in a Material Adverse Effect, (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 Effect. (cd) 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.. 6.06

Appears in 1 contract

Samples: Credit Agreement (TrueBlue, 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 or incorporation except in a transaction not prohibited permitted by Section 7.027.04 or 7.05 and except, except (other than with respect to in the legal existence case of Subsidiaries, where the Borrower) to the extent that failure to do so could not not, individually or in the aggregate, reasonably be expected to result in 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 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.

Appears in 1 contract

Samples: Interim Credit Agreement (Perkinelmer 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 or incorporation except in a transaction not prohibited permitted by Section 7.027.04 or 7.05; provided, except however, that the Borrower and its Subsidiaries may consummate the Merger and any other merger or consolidation permitted under Section 7.04; (other than with respect to the legal existence of the Borrower) to the extent that failure to do so could not reasonably be expected to result in a Material Adverse Effect, (b) take 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 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.

Appears in 1 contract

Samples: First Lien Credit Agreement (RiskMetrics Group 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 or incorporation except in a transaction not prohibited permitted by Section 7.02, except (other than with respect to the legal existence of the Borrower) to the extent that failure to do so could not reasonably be expected to result in a Material Adverse Effect, 6.03 or 6.04; (b) take all reasonable action to maintain all rights, privilegeslicenses (including the Material Licenses), permits, licenses privileges and franchises necessary or desirable in the normal conduct of its business, except except, other than in the case of a Material License, to the extent that failure to do so could not reasonably be expected to have a Material Adverse Effect Effect; and (c) preserve or and renew all of its registered patentsIntellectual Property rights, trademarksand protect all of its material unregistered Intellectual Property rights, trade names and service marksused in the operation of its business, the non-preservation preservation, non-renewal or non-protection of which could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Ascend Wellness 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 or incorporation except in a transaction not prohibited permitted by Section 7.026.04 or 6.05, except (other than with respect to the legal existence of the Borrower) to the extent that Inactive Subsidiaries where failure to do so could not not, individually or in the aggregate, reasonably be expected to result in 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 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.

Appears in 1 contract

Samples: Credit Agreement (Tupperware Brands Corp)

Preservation of Existence, Etc. (a) Preserve, renew and maintain in full force and effect its legal existence and (and, except in the case of Guarantors (other than the Parent), except to the extent the failure to do so would not reasonably be expected to have a Material Adverse Effect, good standing standing) under the Laws of the jurisdiction of its organization or incorporation formation except in a transaction not prohibited permitted by Section 7.02, except (other than with respect to the legal existence of the Borrower) to the extent that failure to do so could not reasonably be expected to result in a Material Adverse Effect, 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 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.

Appears in 1 contract

Samples: Term Loan Agreement (Keane Group, 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 or incorporation except in a transaction not prohibited permitted by Section 7.02, except (other than with respect to the legal existence of the Borrower) to the extent that failure to do so could not reasonably be expected to result in a Material Adverse Effect, 6.03 or 6.04; (b) take all reasonable action to maintain all rights, privilegeslicenses (including the Material Licenses), permits, licenses privileges and franchises necessary or desirable in the normal conduct of its business, except other than in the case of Material Licenses to the extent that failure to do so could not reasonably be expected to have a Material Adverse Effect Effect; and (c) preserve or and renew all of its registered patentsIntellectual Property rights, trademarksand protect all of its unregistered Intellectual Property rights, trade names and service marksused in the operation of its business, the non-preservation preservation, non- renewal or non-protection of which could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (TerrAscend Corp.)

Preservation of Existence, Etc. (a) Preserve, renew and maintain in full force and effect its legal existence and good standing (where applicable) under the Laws of the jurisdiction of its organization or incorporation except in a transaction not prohibited permitted by Section 7.027.04 or 7.05, except (other than with respect to except, in the legal existence case of any Subsidiary of the Borrower) , to the extent that the failure to do so could not reasonably be expected to result in 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 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.

Appears in 1 contract

Samples: Credit Agreement (Green Mountain Coffee Roasters 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 or incorporation except in a transaction not prohibited permitted by Section 7.02, 7.03 or Section 7.04 and except in the case of Subsidiaries (other than with respect to Material Subsidiaries) where the legal existence of the Borrower) to the extent that failure to do so could not would not, individually or in the aggregate, reasonably be expected to result in 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 Effect; and (c) preserve or renew all of its registered copyrights, patents, trademarks, trade names and service marks, the non-preservation non‑preservation of which could would have or be reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Analog Devices Inc)

Preservation of Existence, Etc. (a) PreserveWith respect to each of the Borrowers and each of its respective Subsidiaries, preserve, renew and maintain in full force and effect its (i) legal existence and (ii) good standing standing, in each case, under the Laws of the jurisdiction of its organization or incorporation except in a transaction not prohibited permitted by Section 7.02, except (other than with respect to the legal existence of the Borrower) to the extent that failure to do so could not reasonably be expected to result in a Material Adverse Effect, (b) 7.04 or 7.05; take all reasonable action to maintain all rights, privileges, permits, licenses and franchises necessary or desirable in for the normal conduct of its business, except in connection with transactions permitted by Section 7.04 or Dispositions permitted by Section 7.05 to the extent that failure to do so could not reasonably be expected to have a Material Adverse Effect 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.

Appears in 1 contract

Samples: Revolving Credit Agreement (Warrior Met Coal, 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 or incorporation except in a transaction not prohibited permitted by Section 7.027.04 or 7.05 except, except (in the case of Persons other than with respect to the legal existence of the Borrower) , to the extent that the failure to do so could would not reasonably be expected to result in 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 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.

Appears in 1 contract

Samples: Credit Agreement (Interdigital Communications 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 or incorporation except (i) in a transaction not prohibited permitted by Section 7.02, except 7.04 or 7.05 or (other than with respect to ii) solely in the legal existence case of a Subsidiary of the Borrower) to , the extent that failure to do so could not reasonably be expected to result in 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 Effect; 101 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.

Appears in 1 contract

Samples: Credit Agreement (Corporate Property Associates 17 - Global INC)

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 or incorporation except in a transaction not prohibited permitted by Section 7.02, except Clause 21.4 (other than with respect to the legal existence of the BorrowerFundamental Changes) to the extent that failure to do so could not reasonably be expected to result in a Material Adverse Effect, or Clause 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 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.

Appears in 1 contract

Samples: Agreement (Discovery Communications, Inc.)

Preservation of Existence, Etc. (a) Preserve, renew and maintain or cause to be preserved, renewed and maintained and in full force and effect its and its Subsidiaries’ legal existence and good standing under the Laws of the jurisdiction of its each of their respective organization or incorporation except in a transaction not prohibited permitted by Section 7.02, except (other than with respect to the legal existence of the Borrower) to the extent that failure to do so could not reasonably be expected to result in a Material Adverse Effect, Sections 7.04 or 7.05; (b) take all reasonable action to maintain or cause to be maintained all rights, privileges, permits, licenses and franchises necessary or desirable in the normal conduct of its businessbusiness and the business of its Subsidiaries, except to the extent that failure to do so could would not reasonably be expected to have a Material Adverse Effect Effect; and (c) preserve or renew or cause to be preserved and renewed all of its and it Subsidiaries’ registered patents, trademarks, trade names and service marks, the non-preservation of which could would reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Franklin Street Properties Corp /Ma/)

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