Common use of Preservation of Existence Clause in Contracts

Preservation of Existence. The Collateral Agent 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 48 contracts

Samples: Loan and Servicing Agreement (Diameter Credit Co), Loan and Servicing Agreement (First Eagle Private Credit Fund), Loan and Security Agreement (North Haven Private Income Fund LLC)

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Preservation of Existence. The Collateral Agent 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 28 contracts

Samples: Loan and Security Agreement (Blue Owl Credit Income Corp.), Loan and Security Agreement (Oaktree Specialty Lending Corp), Loan and Security Agreement (Kayne Anderson BDC, Inc.)

Preservation of Existence. The Collateral Agent will preserve and maintain its existence, rights, franchises and privileges in the jurisdiction of its formation formation, and qualify and remain qualified in good standing in each jurisdiction where the 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 4 contracts

Samples: Loan and Servicing Agreement (Franklin BSP Lending Corp), Loan and Servicing Agreement (North Haven Private Income Fund LLC), Loan and Servicing Agreement (North Haven Private Income Fund LLC)

Preservation of Existence. The Collateral Agent 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 unless the failure to preserve obtain and maintain such existence, rights, franchises, privileges and qualification foreign qualifications could not reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (FS Investment CORP)

Preservation of Existence. The Collateral Agent 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 1 contract

Samples: Loan and Security Agreement (Nuveen Churchill Direct Lending Corp.)

Preservation of Existence. The Collateral Custodian and Document Agent 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 1 contract

Samples: Security and Collateral Management Agreement (Phillip Street Middle Market Lending Fund LLC)

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Preservation of Existence. The Collateral Agent 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.. 119

Appears in 1 contract

Samples: Loan and Servicing Agreement (GOLUB CAPITAL BDC, Inc.)

Preservation of Existence. The Collateral Agent 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 1 contract

Samples: Loan and Servicing Agreement (Owl Rock Capital Corp)

Preservation of Existence. The Collateral Agent 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.. 122

Appears in 1 contract

Samples: Loan and Servicing Agreement (GOLUB CAPITAL BDC, Inc.)

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