Common use of Preservation of Existence Clause in Contracts

Preservation of Existence. The Collateral Custodian will preserve and maintain its existence, rights, franchises and privileges in the jurisdiction of its formation and qualify and remain qualified in good standing in each jurisdiction where failure to preserve and maintain such existence, rights, franchises, privileges and qualification could reasonably be expected to have a Material Adverse Effect.

Appears in 86 contracts

Samples: Loan and Security Agreement (North Haven Private Income Fund LLC), Loan and Servicing Agreement (AG Twin Brook Capital Income Fund), Loan and Servicing Agreement (Diameter Credit Co)

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Preservation of Existence. The Collateral Custodian will preserve and maintain its existence, rights, franchises and privileges in the jurisdiction of its formation and qualify and remain qualified in good standing in each jurisdiction where failure to preserve and maintain such existence, rights, franchises, privileges and qualification has had, or could reasonably be expected to have have, a Material Adverse Effect.

Appears in 73 contracts

Samples: And Collateral Management Agreement (Investcorp Credit Management BDC, Inc.), Loan and Servicing Agreement (Franklin BSP Lending Corp), Loan and Security Agreement (FS KKR Capital Corp)

Preservation of Existence. The Collateral Custodian will preserve and maintain its existence, rights, franchises and privileges in the jurisdiction of its formation and qualify and remain qualified in good standing in each jurisdiction where failure to preserve and maintain such existence, rights, franchises, privileges and qualification could has had, or would reasonably be expected to have have, a Material Adverse Effect.

Appears in 29 contracts

Samples: Collateral Custodian Agreement (Carvana Auto Receivables Trust 2022-P3), Collateral Custodian Agreement (Carvana Auto Receivables Trust 2022-P3), Collateral Custodian Agreement (Carvana Auto Receivables Trust 2024-P2)

Preservation of Existence. The Collateral Custodian will preserve and maintain its existence, rights, franchises and privileges in the jurisdiction of its formation and qualify and remain qualified in good standing in each other jurisdiction where failure to preserve and maintain such existence, rights, franchisesfranchises and privileges has had, privileges and qualification or could reasonably be expected to have have, a Material Adverse Effect.

Appears in 5 contracts

Samples: Credit Agreement (Trinity Capital Inc.), Credit Agreement (Trinity Capital Inc.), Credit Agreement (Trinity Capital Inc.)

Preservation of Existence. The Collateral Custodian will preserve and maintain its existence, rights, franchises and privileges in the jurisdiction of its formation and qualify and remain qualified in good standing in each jurisdiction where failure to preserve and maintain such existence, rights, franchises, privileges and qualification has had, or could reasonably be expected to have have, a Material Adverse Effect.. (c)

Appears in 3 contracts

Samples: Loan and Security Agreement (New Mountain Finance Corp), Loan and Security Agreement (NMF SLF I, Inc.), Loan and Security Agreement (New Mountain Finance Corp)

Preservation of Existence. The Collateral Custodian and the Document Custodian will preserve and maintain its existence, rights, franchises and privileges in the jurisdiction of its formation and qualify and remain qualified in good standing in each jurisdiction where failure to preserve and maintain such existence, rights, franchises, privileges and qualification has had, or could reasonably be expected to have have, a Material Adverse Effect.

Appears in 3 contracts

Samples: And Investment Management Agreement (Investcorp US Institutional Private Credit Fund), And Investment Management Agreement (Investcorp US Institutional Private Credit Fund), Investment Management Agreement (Investcorp US Institutional Private Credit Fund)

Preservation of Existence. The Collateral Custodian will preserve and maintain its existence, rights, franchises and privileges in the jurisdiction of its formation and qualify and remain qualified in good standing in each jurisdiction where failure to preserve and maintain such existence, rights, franchises, privileges and qualification has had, or could reasonably be expected to have have, a Material Adverse Effectmaterial adverse effect.

Appears in 3 contracts

Samples: Amended Pledge Agreement (Capitalsource Inc), Amended Pledge Agreement (Capitalsource Inc), Pledge Agreement (Capitalsource Inc)

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Preservation of Existence. The Collateral Custodian and Document Custodian will preserve and maintain its existence, rights, franchises and privileges in the jurisdiction of its formation and qualify and remain qualified in good standing in each jurisdiction where failure to preserve and maintain such existence, rights, franchises, privileges and qualification has had, or could reasonably be expected to have have, a Material Adverse Effect.

Appears in 2 contracts

Samples: Loan and Security Agreement (Cim Real Estate Finance Trust, Inc.), Loan and Security Agreement (Cim Real Estate Finance Trust, Inc.)

Preservation of Existence. The Collateral Custodian will preserve and maintain its existence, rights, franchises and privileges in the jurisdiction of its formation and qualify and remain qualified in good standing in each jurisdiction where failure to preserve and maintain such existence, rights, franchises, privileges and qualification could would reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Loan and Servicing Agreement (Business Development Corp of America), Loan and Servicing Agreement (Owl Rock Capital Corp)

Preservation of Existence. The Collateral Custodian will preserve and maintain its existence, rights, franchises and privileges in the jurisdiction of its formation and USActive 57833767.7 qualify and remain qualified in good standing in each jurisdiction where failure to preserve and maintain such existence, rights, franchises, privileges and qualification has had, or could reasonably be expected to have have, a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Servicing Agreement (North Haven Private Income Fund LLC)

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