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 92 contracts

Samples: Loan and Servicing Agreement (Antares Private Credit Fund), Loan and Servicing Agreement (Carlyle Credit Solutions, Inc.), Loan and Servicing Agreement (HPS Corporate Lending Fund)

AutoNDA by SimpleDocs

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 80 contracts

Samples: Loan, Security and Collateral Management Agreement (Willow Tree Capital Corp), Loan and Security Agreement (KKR FS Income Trust), Loan, Security and Collateral Management Agreement (AG Twin Brook Capital Income 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 could has had, or would reasonably be expected to have have, a Material Adverse Effect.

Appears in 32 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 6 contracts

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

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: Loan, Security and Investment Management Agreement (Investcorp US Institutional Private Credit Fund), Loan, Security and Investment Management Agreement (Investcorp US Institutional Private Credit Fund), Loan, Security and 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: Pledge Agreement (Capitalsource Inc), Pledge Agreement (Capitalsource Inc), Pledge Agreement (Capitalsource 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)

AutoNDA by SimpleDocs

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 reasonably be expected to have a Material Adverse Effect.. |US-DOCS\148390876.14||

Appears in 1 contract

Samples: Loan and Servicing Agreement (Diameter Credit Co)

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)

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