Common use of Preservation of Existence Clause in Contracts

Preservation of Existence. The Borrower will preserve and maintain its existence and all of its rights, privileges and franchises necessary or desirable in the normal conduct of its business and shall conduct its business in an orderly, efficient and regular manner.

Appears in 83 contracts

Samples: Credit and Security Agreement (Corsair Components, Inc.), Credit and Security Agreement (Christopher & Banks Corp), Management Agreement (REX AMERICAN RESOURCES Corp)

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Preservation of Existence. The Each Borrower will preserve and maintain its existence and all of its rights, privileges and franchises necessary or desirable in the normal conduct of its business and shall conduct its business in an orderly, efficient and regular manner.

Appears in 21 contracts

Samples: Loan Agreement (Landec Corp \Ca\), Credit and Security Agreement (Bionova Holding Corp), Credit and Security Agreement (Global Employment Holdings, Inc.)

Preservation of Existence. The Borrower will preserve and maintain its existence existence, rights, franchises and all privileges in the jurisdiction of its formation, and qualify and remain qualified in good standing in each jurisdiction where the failure to maintain such existence, rights, franchises, privileges and franchises necessary qualification has had, or desirable in the normal conduct of its business and shall conduct its business in an orderlycould reasonably be expected to have, efficient and regular mannera Material Adverse Effect.

Appears in 12 contracts

Samples: Credit Agreement (Trinity Capital Inc.), Credit Agreement (Trinity Capital Inc.), Credit Agreement (Runway Growth Finance Corp.)

Preservation of Existence. The Borrower will preserve and maintain its existence and all of its rights, privileges and franchises necessary or desirable in the normal conduct of its business and shall conduct its business in an orderly, efficient and regular manner.

Appears in 7 contracts

Samples: Credit Agreement (Landec Corp \Ca\), Credit and Security Agreement (Landec Corp \Ca\), Reimbursement Agreement (Life Time Fitness Inc)

Preservation of Existence. The Borrower Borrowers will preserve and maintain its their existence and all of its their rights, privileges and franchises necessary or desirable in the normal conduct of its their business and shall conduct its their business in an orderly, efficient and regular manner.

Appears in 4 contracts

Samples: Credit and Security Agreement (Smtek International Inc), Credit and Security Agreement (Pacific Cma Inc), Credit and Security Agreement (Nu Kote Holding Inc /De/)

Preservation of Existence. The Borrower will preserve and ------------------------- maintain its existence and all of its rights, privileges and franchises necessary or desirable in the normal conduct of its business and shall conduct its business in an orderly, efficient and regular manner.

Appears in 3 contracts

Samples: Credit and Security Agreement (Rockshox Inc), Credit and Security Agreement (Rf Monolithics Inc /De/), Credit and Security Agreement (Rf Monolithics Inc /De/)

Preservation of Existence. The Borrower will (a) maintain and preserve its existence as a corporation, limited liability company, limited partnership, general partnership, or Medical Facility, as the case may be, and the right to carry on its Eligible Activity at the Premises, and (b) duly procure and maintain its existence all necessary licenses, franchises, permits and other documents necessary or appropriate in connection therewith and all of its rights, privileges necessary renewals and franchises necessary or desirable in the normal conduct of its business and shall conduct its business in an orderly, efficient and regular mannerextensions thereof.

Appears in 2 contracts

Samples: Loan Agreement (Tengion Inc), Loan Agreement (Power Medical Interventions, Inc.)

Preservation of Existence. The Each Borrower will preserve and maintain its existence and all of its rights, privileges and franchises necessary or desirable in the normal conduct of its business and shall conduct its business in all material respects in an orderly, efficient and regular manner.

Appears in 2 contracts

Samples: Credit and Security Agreement (Royal Precision Inc), Credit and Security Agreement (Royal Precision Inc)

Preservation of Existence. The Borrower and its Subsidiaries will preserve and maintain its their respective existence and all of its their rights, privileges and franchises necessary or desirable in the normal conduct of its their respective business and shall conduct its business their respective businesses in an orderly, efficient and regular manner.

Appears in 2 contracts

Samples: Security Agreement and Fixture Filing (HC2 Holdings, Inc.), Credit and Security Agreement (Schuff International Inc)

Preservation of Existence. The Borrower will preserve and maintain its existence and all of its rights, privileges and franchises necessary or desirable in the normal conduct of its business and shall conduct its business in an orderly, orderly and efficient and regular manner.

Appears in 2 contracts

Samples: Credit and Security Agreement (Rf Monolithics Inc /De/), Credit and Security Agreement (Futech Interactive Products Inc)

Preservation of Existence. The Borrower will preserve and maintain its existence and all of its rights, privileges and franchises necessary or desirable in the normal conduct of its business and shall conduct its business in an orderly, efficient and regular mannerbusiness.

Appears in 2 contracts

Samples: Credit and Security Agreement (Pure Earth, Inc.), Credit and Security Agreement (Winland Electronics Inc)

Preservation of Existence. The Borrower will preserve and maintain its existence and all of its rights, privileges and franchises necessary or desirable in the normal conduct of its business and shall conduct its business in an orderly, orderly and efficient and regular mannermanner consistent with past practice.

Appears in 2 contracts

Samples: Credit and Security Agreement (CPS Technologies Corp/De/), Credit and Security Agreement by And (CPS Technologies Corp/De/)

Preservation of Existence. The Borrower will preserve ------------------------- and maintain its existence and all of its rights, privileges and franchises necessary or desirable in the normal conduct of its business and shall conduct its business in an orderly, efficient and regular manner.

Appears in 1 contract

Samples: Credit and Security Agreement (Bentley International Inc)

Preservation of Existence. The Each Borrower will preserve and maintain its existence and all of its rights, privileges and franchises necessary or reasonably desirable in the normal conduct of its business and shall conduct its business in an orderly, efficient and regular manner.

Appears in 1 contract

Samples: Term Loan and Security Agreement (Frontline Communications Corp)

Preservation of Existence. The Borrower will ------------------------- preserve and maintain its existence and all of its rights, privileges and franchises necessary or desirable in the normal conduct of its business and shall conduct its business in an orderly, efficient and regular manner.

Appears in 1 contract

Samples: Credit and Security Agreement (Act Teleconferencing Inc)

Preservation of Existence. The Borrower will preserve and maintain its existence and all of its rights, privileges and franchises necessary or desirable in the normal conduct of its business and shall conduct its business in an orderly, efficient and regular manner. The Borrower will require each Subsidiary to preserve and maintain its existence and all of their respective rights, privileges and franchises necessary or desirable in the normal conduct of its business and shall require each Subsidiary to conduct its business in an orderly, efficient and regular manner.

Appears in 1 contract

Samples: Credit and Security Agreement (Health Fitness Physical Therapy Inc)

Preservation of Existence. The Borrower and its Subsidiaries will preserve and maintain its their existence and all of its their rights, privileges and franchises necessary or desirable in the normal conduct of its their business and shall conduct its their business in an orderly, efficient and regular manner.

Appears in 1 contract

Samples: Credit and Security Agreement (Poore Brothers Inc)

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Preservation of Existence. The Each Borrower will preserve and maintain its existence and all of its rights, privileges and franchises necessary or desirable in the normal conduct of its business and shall conduct its business in an orderly, efficient and regular manner.. Delivery of

Appears in 1 contract

Samples: Credit and Security Agreement (Colonial Commercial Corp)

Preservation of Existence. The Borrower will preserve and maintain its existence and all of its material rights, privileges and franchises necessary or desirable in the normal conduct of its business and shall conduct its business in all material respects in an orderly, efficient and regular manner.

Appears in 1 contract

Samples: Intellectual Property Security Agreement (Biovest International Inc)

Preservation of Existence. The Borrower will preserve and maintain its existence and all of its rights, privileges and franchises necessary or desirable in the normal conduct of its business business; and shall conduct its business in an orderly, efficient and regular mannerbusiness.

Appears in 1 contract

Samples: Loan Agreement (Pharmaceutical Resources Inc)

Preservation of Existence. The Borrower will preserve and maintain its existence as an organization of the type described in EXHIBIT A and all of its rights, privileges and franchises necessary or desirable in the normal conduct of its business business; and shall conduct its business in an orderly, efficient and regular manner.

Appears in 1 contract

Samples: Loan Agreement (En Pointe Technologies Inc)

Preservation of Existence. The Borrower will shall preserve and maintain its existence and all of its rights, privileges and franchises necessary or desirable in the normal ordinary conduct of its business and shall conduct its business in an orderly, efficient and regular manner.

Appears in 1 contract

Samples: Senior Subordinated Note Purchase and Security Agreement (Physicians Formula Holdings, Inc.)

Preservation of Existence. The Except as otherwise contemplated hereunder, each Borrower will preserve and maintain its existence and all of its rights, privileges and franchises necessary or desirable in the normal conduct of its business and shall conduct its business in an orderly, efficient and regular manner.

Appears in 1 contract

Samples: Credit and Security Agreement (Luminant Worldwide Corp)

Preservation of Existence. The Borrower will shall preserve and maintain its existence and all of its rights, privileges and franchises necessary or desirable in the normal conduct of its business and shall conduct its business in an orderly, efficient and regular mannerbusiness.

Appears in 1 contract

Samples: Credit and Security Agreement (Command Security Corp)

Preservation of Existence. The Borrower will preserve and maintain its corporate existence and all of its rights, privileges and franchises necessary or desirable (in the Borrower’s commercially reasonable judgment) in the normal conduct of its business and shall conduct its business in an orderly, efficient and regular mannerbusiness.

Appears in 1 contract

Samples: And Security Agreement (Technology Flavors & Fragrances Inc)

Preservation of Existence. The Except as permitted hereunder, the Borrower and its Subsidiaries will preserve and maintain its their respective existence and all of its their rights, privileges and franchises necessary or desirable in the normal conduct of its their respective business and shall conduct its business their respective businesses in an orderly, efficient and regular manner.

Appears in 1 contract

Samples: And Security Agreement (Hc2 Holdings, Inc.)

Preservation of Existence. The Borrower will --------------------------- preserve and maintain its existence and all of its rights, privileges and franchises necessary or desirable in the normal conduct of its business and shall conduct its business in an orderly, efficient and regular manner.

Appears in 1 contract

Samples: Credit and Security Agreement (Primesource Healthcare Inc)

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