Common use of Preservation of Existence Clause in Contracts

Preservation of Existence. (i) Observe all procedures required by its certificate of formation and the limited liability company agreement and preserve and maintain its limited liability company existence, rights, franchises and privileges in the jurisdiction of its organization, and (ii) qualify and remain qualified in good standing as a foreign limited liability company in each other jurisdiction where the nature of its business requires such qualification and where, in the case of clause (ii), the failure to be so qualified could reasonably be expected to have a Material Adverse Effect.

Appears in 15 contracts

Samples: Receivables Loan Agreement, Sale and Contribution Agreement, Servicing Agreement, Custody Agreement (Hilton Grand Vacations Inc.), Receivables Loan Agreement, Sale and Contribution Agreement, Master Transfer Agreement, Custody Agreement (Hilton Grand Vacations Inc.), Receivables Loan Agreement (Hilton Grand Vacations Inc.)

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Preservation of Existence. (i) Observe all procedures required by its certificate of formation and the limited liability company agreement and preserve and maintain its limited liability company existence, rights, franchises and privileges in the jurisdiction of its organizationincorporation, and (ii) qualify and remain qualified in good standing as a foreign limited liability company in each other jurisdiction where the nature of its business requires such qualification and where, in the case of clause (ii), the failure to be so qualified could reasonably be expected to have result in a Material Adverse EffectChange.

Appears in 10 contracts

Samples: Loan and Servicing Agreement (DT Acceptance Corp), Loan and Servicing Agreement (DT Credit Company, LLC), Loan and Servicing Agreement (DT Credit Company, LLC)

Preservation of Existence. (i) Observe all procedures required by its certificate or articles of formation incorporation and the limited liability company agreement by-laws and preserve and maintain its limited liability company existence, rights, franchises and privileges in the jurisdiction of its organizationincorporation, and (ii) qualify and remain qualified in good standing as a foreign limited liability company corporation in each other jurisdiction where the nature of its business requires such qualification and where, in the case of clause (ii), the failure to be so qualified could reasonably be expected to have result in a Material Adverse EffectChange.

Appears in 6 contracts

Samples: Loan and Servicing Agreement (DT Credit Company, LLC), Loan and Servicing Agreement (DT Credit Company, LLC), Loan and Servicing Agreement (DT Credit Company, LLC)

Preservation of Existence. (i) Observe all procedures required by its certificate or articles of formation incorporation and the limited liability company agreement by-laws and preserve and maintain its limited liability company corporate existence, rights, franchises and privileges in the jurisdiction of its organizationincorporation, and (ii) qualify and remain qualified in good standing as a foreign limited liability company corporation in each other jurisdiction where the nature of its business requires such qualification and where, in the case of clause (ii), the failure to be so qualified could reasonably be expected to have result in a Material Adverse EffectChange.

Appears in 5 contracts

Samples: Loan and Servicing Agreement (Drivetime Automotive Group Inc), Loan and Servicing Agreement (DT Acceptance Corp), Loan and Servicing Agreement (DT Credit Company, LLC)

Preservation of Existence. (i) Observe all procedures required by its certificate of formation and the limited liability company agreement and preserve and maintain its limited liability company existence, rights, franchises and privileges in the jurisdiction of its organizationformation, and (ii) qualify and remain qualified in good standing as a foreign limited liability company in each other jurisdiction where the nature of its business requires such qualification and where, in the case of clause (ii), the failure to be so qualified could reasonably be expected to have a Material Adverse Effect.

Appears in 5 contracts

Samples: Receivables Loan and Servicing Agreement (NRG Energy, Inc.), Receivables Loan and Servicing Agreement (NRG Energy, Inc.), Receivables Loan and Servicing Agreement (NRG Energy, Inc.)

Preservation of Existence. (i) Observe all procedures required by its certificate or articles of formation organization and the limited liability company operating agreement and preserve and maintain its limited liability company existence, rights, franchises and privileges in the jurisdiction of its organization, and (ii) qualify and remain qualified in good standing as a foreign limited liability company corporation in each other jurisdiction where the nature of its business requires such qualification and where, in the case of clause (ii), the failure to be so qualified could reasonably be expected to have a Material Adverse Effect.

Appears in 5 contracts

Samples: Loan and Servicing Agreement (DT Acceptance Corp), Loan and Servicing Agreement (DT Acceptance Corp), Loan and Servicing Agreement (DT Credit Company, LLC)

Preservation of Existence. (i) Observe all procedures required by its certificate or articles of formation incorporation and the limited liability company agreement by-laws and preserve and maintain its limited liability company corporate existence, rights, franchises and privileges in the jurisdiction of its organizationincorporation, and (ii) qualify and remain qualified in good standing as a foreign limited liability company corporation in each other jurisdiction where the nature of its business requires such qualification and where, in the case of clause (ii), the failure to be so qualified could reasonably be expected to have a Material Adverse Effect.

Appears in 4 contracts

Samples: Loan and Servicing Agreement (Tampa Electric Co), Loan and Servicing Agreement (DriveTime Automotive, Inc.), Loan and Servicing Agreement (Teco Energy Inc)

Preservation of Existence. (i) Observe all procedures required by its certificate of formation and the limited liability company agreement and preserve and maintain its limited liability company corporate existence, rights, franchises and privileges in the jurisdiction of its organizationincorporation, and (ii) qualify and remain qualified in good standing as a foreign limited liability company corporation in each other jurisdiction where the nature of its business requires such qualification and where, in the case of clause (ii), the failure to be so qualified could reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Loan and Servicing Agreement (DriveTime Automotive, Inc.), Loan and Servicing Agreement (Sherwin Williams Co)

Preservation of Existence. (i) Observe all procedures required by its certificate or articles of formation incorporation and the limited liability company agreement by-laws and preserve and maintain its limited liability company corporate existence, rights, franchises and privileges in the jurisdiction of its organizationincorporation, and (ii) qualify and remain qualified in good standing as a foreign limited liability company corporation in each other jurisdiction where the nature of its business requires such qualification and where, in the case of clause (ii), the failure to be so qualified could reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Loan and Servicing Agreement (Tampa Electric Co), Loan and Servicing Agreement (Teco Energy Inc)

Preservation of Existence. (i) Observe all procedures required by its certificate or articles of formation incorporation and the limited liability company agreement by-laws and preserve and maintain its limited liability company corporate existence, rights, franchises and privileges in the jurisdiction of its organizationincorporation, and (ii) qualify and remain qualified in good standing as a foreign limited liability company corporation in each other jurisdiction where the nature of its business requires such qualification qualification, and where, in the case of clause (ii), the failure to be so qualified could reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Purchase and Contribution Agreement (Tampa Electric Co), Purchase and Contribution Agreement (Teco Energy Inc)

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Preservation of Existence. (i) Observe all procedures required by its certificate of formation and the or limited liability company agreement and preserve and maintain its limited liability company existence, rights, franchises franchises, licenses, permits and privileges in the jurisdiction of its organization, and (ii) qualify and remain qualified in good standing as a foreign limited liability company in each other jurisdiction where the nature of its business requires such qualification and where, in the case of clause (ii), the failure to be so qualified preserve and maintain such rights, franchises, privileges, licenses, permits and qualifications could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Receivables Loan Agreement (Walter Investment Management Corp)

Preservation of Existence. (i) Observe all procedures required by its certificate of formation and the limited liability company agreement and preserve and maintain its limited liability company existence, rights, franchises and privileges in the jurisdiction of its organization, and (ii) qualify and remain qualified in good standing as a foreign limited liability company in each other jurisdiction where the nature of its business requires such qualification and where, in the case of clause (ii), the failure to be so qualified could reasonably be expected to have a Material Adverse Effect.. DB1/ 121185831.1121185831.9 74

Appears in 1 contract

Samples: Receivables Loan Agreement, Sale and Contribution Agreement, Custody Agreement (Hilton Grand Vacations Inc.)

Preservation of Existence. (i) Observe all procedures required by its certificate or articles of formation organization and the limited liability company operating agreement and preserve and maintain its limited liability company existence, rights, franchises and privileges in the jurisdiction of its organization, and (ii) qualify and remain qualified in good standing as a foreign limited liability company corporation in each other jurisdiction where the nature of its business requires such qualification and where, in the case of clause (ii), the failure to be so qualified could reasonably be expected to have a Material Adverse Effect.. ACTIVE 200146376v.2

Appears in 1 contract

Samples: Loan and Servicing Agreement (Drivetime Automotive Group Inc)

Preservation of Existence. (i) Observe all procedures required by its certificate of formation incorporation and the limited liability company agreement regulations and preserve and maintain its limited liability company corporate existence, rights, franchises and privileges in the jurisdiction of its organizationincorporation, and (ii) qualify and remain qualified in good standing as a foreign limited liability company corporation in each other jurisdiction where the nature of its business requires such qualification qualification, and where, in the case of clause (ii), the failure to be so qualified could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Purchase and Contribution Agreement (Sherwin Williams Co)

Preservation of Existence. (i) Observe all procedures required by its certificate of formation and the limited liability company agreement and preserve and maintain its limited liability company existence, rights, franchises and privileges in the jurisdiction of its organizationincorporation, and (ii) qualify and remain qualified in good standing as a foreign limited liability company in each other jurisdiction where - 62 - the nature of its business requires such qualification and where, in the case of clause (ii), the failure to be so qualified could reasonably be expected to have result in a Material Adverse EffectChange.

Appears in 1 contract

Samples: Loan and Servicing Agreement (Drivetime Automotive Group Inc)

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