Common use of Preservation of Existence Clause in Contracts

Preservation of Existence. Preserve and maintain its existence rights, franchises and privileges in the jurisdiction of its incorporation or organization, and qualify and remain qualified in good standing as a foreign entity in the jurisdiction where its principal place of business and its chief executive office are located and in each other jurisdiction where the failure to preserve and maintain such existence, rights, franchises, privileges and qualifications would have a Material Adverse Effect.

Appears in 29 contracts

Samples: Indenture (Oportun Financial Corp), Indenture (Oportun Financial Corp), Indenture (Oportun Financial Corp)

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Preservation of Existence. Preserve and maintain its existence existence, rights, franchises and privileges in the jurisdiction of its incorporation or organization, and qualify and remain qualified in good standing as a foreign entity in the jurisdiction where its principal place of business entity, and its chief executive office are located maintain all necessary licenses and approvals, in each other jurisdiction in which it does business, except where the failure to preserve and maintain such existence, rights, franchises, privileges privileges, qualifications, licenses and qualifications approvals would not have a Material Adverse Effect.

Appears in 15 contracts

Samples: Indenture and Servicing Agreement (Cendant Corp), Indenture and Servicing Agreement (Cendant Corp), Master Indenture and Servicing Agreement (Cendant Corp)

Preservation of Existence. Preserve and maintain its existence limited liability company existence, rights, franchises and privileges in the jurisdiction of its incorporation or organization, and qualify and remain qualified in good standing as a foreign entity in the jurisdiction where its principal place of business and its chief executive office are located and limited liability company in each other jurisdiction except where the failure to qualify or preserve and or maintain such existence, rights, franchisesfranchises or privileges could not, privileges and qualifications would individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

Appears in 5 contracts

Samples: Receivables Purchase Agreement (C. H. Robinson Worldwide, Inc.), Receivables Purchase Agreement (C. H. Robinson Worldwide, Inc.), Receivables Purchase Agreement (C. H. Robinson Worldwide, Inc.)

Preservation of Existence. Preserve and maintain its existence limited liability company existence, rights, franchises and privileges in the jurisdiction of its incorporation or organization, and qualify and remain qualified in good standing as a foreign entity in the jurisdiction where its principal place of business and its chief executive office are located and limited liability company in each other jurisdiction except where the failure to qualify or preserve and or maintain such existence, rights, franchisesfranchises or privileges or to be so qualified would not, privileges and qualifications would individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

Appears in 5 contracts

Samples: Receivables Purchase Agreement (OUTFRONT Media Inc.), Receivables Purchase Agreement (OUTFRONT Media Inc.), Receivables Purchase Agreement (OUTFRONT Media Inc.)

Preservation of Existence. Preserve and maintain its existence existence, rights, franchises and privileges in the jurisdiction of its incorporation or organization, and qualify and remain qualified in good standing as a foreign entity in the jurisdiction where its principal place of business and its chief executive office are located and organization in each other jurisdiction except where the failure to qualify or preserve and or maintain such existence, rights, franchisesfranchises or privileges would not, privileges and qualifications would individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

Appears in 5 contracts

Samples: Receivables Purchase Agreement (OUTFRONT Media Inc.), TRS Purchase and Sale Agreement (OUTFRONT Media Inc.), QRS Purchase and Sale Agreement (OUTFRONT Media Inc.)

Preservation of Existence. Preserve and maintain its existence limited liability company existence, rights, franchises and privileges in the jurisdiction of its incorporation or organization, and qualify and remain qualified in good standing as a foreign entity in the jurisdiction where its principal place of business and its chief executive office are located and limited liability company in each other jurisdiction except where the failure to qualify or preserve and or maintain such existence, rights, franchisesfranchises or privileges would not, privileges and qualifications would individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

Appears in 5 contracts

Samples: Receivables Purchase Agreement (OUTFRONT Media Inc.), Receivables Purchase Agreement (OUTFRONT Media Inc.), Receivables Purchase Agreement (OUTFRONT Media Inc.)

Preservation of Existence. Preserve and maintain its existence existence, rights, franchises and privileges in the jurisdiction of its incorporation or organization, and qualify and remain qualified in good standing as a foreign entity in the jurisdiction where its principal place of business and its chief executive office are located and in each other jurisdiction where the failure to preserve and maintain such existencequalification would materially adversely affect the interests of the Purchasers or the Agent hereunder or in the Pool Receivables and Related Security, rights, franchises, privileges and qualifications would have a Material Adverse Effector the ability of the Seller or the Servicer to perform their respective obligations under the Transaction Documents.

Appears in 4 contracts

Samples: Receivables Purchase Agreement (Lyondell Chemical Co), Receivables Purchase Agreement (Lyondell Chemical Co), Receivables Purchase Agreement (Lyondell Chemical Co)

Preservation of Existence. Preserve and maintain its existence existence, rights, franchises franchises, and privileges in the jurisdiction of its incorporation or organization, and qualify and remain qualified in good standing as a foreign entity in the jurisdiction where its principal place of business and its chief executive office are located and in each other jurisdiction jurisdiction, except where the failure to qualify or preserve and or maintain such existence, rights, franchises, or privileges and qualifications would could not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

Appears in 4 contracts

Samples: Receivables Financing Agreement (ADT Inc.), Receivables Financing Agreement (ADT Inc.), Receivables Financing Agreement (ADT Inc.)

Preservation of Existence. Preserve and maintain its existence existence, rights, franchises and privileges in the jurisdiction of its incorporation or organization, and qualify and remain qualified in good standing as a foreign entity in the jurisdiction where its principal place of business and its chief executive office are located and company in each other jurisdiction except where the failure to qualify or preserve and or maintain such existence, rights, franchisesfranchises or privileges or to be so qualified could not, privileges and qualifications would individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

Appears in 3 contracts

Samples: Receivables Purchase Agreement (Exela Technologies, Inc.), Joinder Agreement (Exela Technologies, Inc.), Loan and Security Agreement (Exela Technologies, Inc.)

Preservation of Existence. Preserve and maintain its existence rightsexistence, rights (including Intellectual Property), franchises and privileges in the jurisdiction of its incorporation or organization, and qualify and remain qualified to do business and in good standing as a foreign entity in the jurisdiction where its principal place of business and its chief executive office are located and organization in each other jurisdiction except where the failure to qualify or preserve and or maintain such existence, rights, franchisesfranchises or privileges or to be so qualified could not, privileges and qualifications would individually or in the aggregate reasonably be expected to have a Material Adverse Effect.

Appears in 3 contracts

Samples: Joinder Agreement (Exela Technologies, Inc.), Second Tier Receivables Purchase and Sale Agreement (Exela Technologies, Inc.), First Tier Receivables Purchase and Sale Agreement (Exela Technologies, Inc.)

Preservation of Existence. Preserve and maintain its existence existence, rights, franchises and privileges in the jurisdiction of its incorporation or organization, and qualify and remain qualified to do business and in good standing as a foreign entity in the jurisdiction where its principal place of business and its chief executive office are located and organization in each other jurisdiction except where the failure to qualify or preserve and or maintain such existence, rights, franchisesfranchises or privileges or to be so qualified could not, privileges and qualifications would individually or in the aggregate reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Second Tier Purchase and Sale Agreement (Exela Technologies, Inc.), First Tier Purchase and Sale Agreement (Exela Technologies, Inc.)

Preservation of Existence. Preserve and maintain its existence as a corporation, and its rights, franchises and privileges in the jurisdiction of its incorporation or organizationincorporation, and qualify and remain qualified in good standing as a foreign entity in the jurisdiction where its principal place of business and its chief executive office are located and corporation in each other jurisdiction where the failure to preserve and maintain such existence, rights, franchises, privileges and qualifications would qualification could be reasonably expected to have a Material Adverse Effectmaterial adverse effect on the Company.

Appears in 2 contracts

Samples: Performance Guaranty (CAI International, Inc.), Performance Guaranty (CAI International, Inc.)

Preservation of Existence. Preserve and maintain its existence existence, rights, franchises and privileges in the jurisdiction of its incorporation or organization, and qualify and remain qualified in good standing as a foreign entity in the jurisdiction where its principal place of business and its chief executive office are located and organization in each other jurisdiction except where the failure to qualify or preserve and or maintain such existence, rights, franchisesfranchises or privileges or to be so qualified could not, privileges and qualifications would individually or in the aggregate reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Second Tier Purchase and Sale Agreement (Exela Technologies, Inc.), First Tier Purchase and Sale Agreement (Exela Technologies, Inc.)

Preservation of Existence. Preserve and maintain its existence corporate existence, rights, franchises and privileges in the jurisdiction of its incorporation or organization, and qualify and remain qualified in good standing as a foreign entity in the jurisdiction where its principal place of business and its chief executive office are located and corporation in each other jurisdiction except where the failure to qualify or preserve and or maintain such existence, rights, franchisesfranchises or privileges or to be so qualified could not, privileges and qualifications would individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Receivables Financing Agreement (Deluxe Corp), Receivables Financing Agreement (Agiliti, Inc. \De)

Preservation of Existence. Preserve and maintain its existence existence, rights, franchises and privileges in the jurisdiction of its incorporation or organization, and qualify and remain qualified in good standing as a foreign entity in the jurisdiction where its principal place of business and its chief executive office are located and in each other jurisdiction jurisdiction, except where the failure to qualify or preserve and or maintain such existence, rights, franchisesfranchises or privileges could not, privileges and qualifications would individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Receivables Purchase Agreement (SPRINT Corp), Receivables Purchase Agreement (SPRINT Corp)

Preservation of Existence. Preserve and maintain its existence existence, rights, franchises and privileges in the jurisdiction of its incorporation or organization, and qualify and remain qualified in good standing (if applicable) as a foreign entity in the jurisdiction where its principal place of business and its chief executive office are located and in each other jurisdiction where the failure to preserve and maintain such existence, rights, franchises, privileges and qualifications would qualification could reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Loan and Servicing Agreement (TRM Corp), Loan and Servicing Agreement (TRM Corp)

Preservation of Existence. Preserve and maintain its existence existence, rights, franchises and privileges in the jurisdiction of its incorporation or organization, and qualify and remain qualified in good standing as a foreign entity in the jurisdiction where its principal place of business and its chief executive office are located and organization in each other jurisdiction except where the failure to qualify or preserve and or maintain such existence, rights, franchises, franchises or privileges and qualifications would or to be so qualified could not reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Hill-Rom Holdings, Inc.)

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Preservation of Existence. Preserve and maintain its existence existence, rights, franchises and privileges in the jurisdiction of its incorporation or organization, and qualify and remain qualified in good standing as a foreign entity in the jurisdiction where its principal place of business and its chief executive office are located and in each other jurisdiction where the failure to preserve and maintain such existence, rights, franchises, privileges and qualifications would qualification could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Servicing Agreement (Ace Cash Express Inc/Tx)

Preservation of Existence. Preserve and maintain its existence rightsorganizational existence, franchises rights and privileges in the jurisdiction of its incorporation or organizationorganization (without thereby limiting Section 5.04(o)), and qualify and remain qualified qualified, in good standing (if applicable) as a foreign entity in the jurisdiction where its principal place of business and its chief executive office are located and Person in each other jurisdiction where the failure to preserve and maintain such existence, rights, franchises, privileges and qualifications qualification would reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Financing Agreement (Energy Future Competitive Holdings CO)

Preservation of Existence. Preserve and maintain its existence existence, rights, franchises and privileges in the jurisdiction of its incorporation or organization, and qualify and remain qualified in good standing as a foreign entity in the jurisdiction where its principal place of business and its chief executive office are located and in each other jurisdiction where the failure to preserve and maintain such existence, rights, franchises, privileges and qualifications would have qualification could be reasonably expected to result in a Material Adverse Effect.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Fidelity National Information Services, Inc.)

Preservation of Existence. Preserve and maintain its existence corporate or partnership, as the case may be, existence, rights, franchises and privileges in the jurisdiction of its incorporation or organizationincorporation, and qualify and remain qualified in good standing as a foreign entity in the jurisdiction where its principal place of business and its chief executive office are located and in each other jurisdiction where the failure to preserve and maintain such existence, rights, franchises, privileges and qualifications qualification would have a an Originator Material Adverse Effect.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Terra Industries Inc)

Preservation of Existence. Preserve and maintain its existence corporate existence, rights, franchises and privileges in the jurisdiction of its incorporation or organization, and qualify and remain qualified in good standing as a foreign entity corporation in the jurisdiction where its principal place of business and its chief executive office are located and in each other jurisdiction where the failure to preserve and maintain such existence, rights, franchises, privileges and qualifications would have a Material Adverse Effect.

Appears in 1 contract

Samples: Financing Agreement (KBK Capital Corp)

Preservation of Existence. Preserve and maintain its existence existence, rights, franchises and privileges in the jurisdiction of its incorporation or organization, and qualify and remain qualified in good standing as a foreign entity limited liability company in the jurisdiction where its principal place of business and its chief executive office are located and in each other jurisdiction where the failure to preserve and maintain such existence, rights, franchises, privileges and qualifications would could have a Material Adverse Effect.

Appears in 1 contract

Samples: Receivables Financing Agreement (Asta Funding Inc)

Preservation of Existence. Preserve and maintain its existence rightsorganizational existence, franchises rights and privileges in the jurisdiction of its incorporation or organization, and qualify and remain qualified and in good standing as a foreign entity in the jurisdiction where its principal place of business and its chief executive office are located and Person, in each other jurisdiction where the failure to preserve and maintain such existence, rights, franchises, privileges and qualifications qualification would reasonably be expected to have a Material Adverse Effect; provided, however, that it may consummate any merger or consolidation not prohibited under Section 5.03(e).

Appears in 1 contract

Samples: Trade Receivables Sale Agreement (Energy Future Competitive Holdings CO)

Preservation of Existence. Preserve and maintain its existence existence, rights, franchises and privileges in the jurisdiction of its incorporation or organization, organization and qualify and remain qualified in good standing as a foreign entity organization in the jurisdiction where its principal place of business and its chief executive office are located and in each other jurisdiction where the failure to preserve and maintain such existence, rights, franchises, privileges and qualifications would could have a Material Adverse Effect.

Appears in 1 contract

Samples: Master Funding Agreement

Preservation of Existence. Preserve and maintain its existence rightsexistence, rights (including Intellectual Property), franchises and privileges in the jurisdiction of its incorporation or organization, and qualify and remain qualified in good standing as a foreign entity in the jurisdiction where its principal place of business and its chief executive office are located and company in each other jurisdiction except where the failure to qualify or preserve and or maintain such existence, rights, franchisesfranchises or privileges or to be so qualified could not, privileges and qualifications would individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Joinder Agreement (Exela Technologies, Inc.)

Preservation of Existence. Preserve It shall preserve and maintain its existence corporate existence, rights, franchises and privileges in the jurisdiction of its incorporation or organization, and qualify and remain qualified in good standing as a foreign entity in the jurisdiction where its principal place of business and its chief executive office are located and corporation in each other jurisdiction except (i) where the failure to qualify or preserve and or maintain such existence, rights, franchisesfranchises or privileges or to be so qualified could not, privileges and qualifications would individually or in the aggregate, reasonably be expected to have a Material Adverse EffectChange, and (ii) the foregoing shall not apply to any merger, consolidation or change of control.

Appears in 1 contract

Samples: Performance Undertaking (ChampionX Corp)

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