Common use of Preservation of Franchises and Existence Clause in Contracts

Preservation of Franchises and Existence. The Company will (i) maintain its corporate existence, rights and franchises in full force and effect, and (ii) cause the Subsidiaries to maintain their respective corporate existences, rights and franchises in full force and effect; provided that nothing in this Section 4.3 shall prevent the Company or any Subsidiary from discontinuing its operations in any particular state or at any particular location or locations within the state, or prevent the corporate existence, rights and franchises of any Subsidiary from being terminated if, in the opinion of the Board of Directors, the preservation thereof is no longer desirable in the conduct of the business of the Company and its Subsidiaries and the loss thereof is not disadvantageous in any material respect to the holders of Series A Preferred Stock.

Appears in 4 contracts

Samples: Securities Purchase Agreement (Krauses Furniture Inc), Securities Purchase Agreement (Th Lee Putnam Internet Fund Advisors LLC), Securities Purchase Agreement (Krauses Furniture Inc)

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Preservation of Franchises and Existence. The Company will (i) maintain its corporate existence, rights and franchises in full force and effect, and (ii) cause the Subsidiaries to maintain their respective corporate existences, rights and franchises in full force and effect; , provided that nothing in this Section 4.3 6.7 shall prevent the Company or any Subsidiary from discontinuing its operations in any particular state or at any particular location or locations within the state, or prevent the corporate existence, rights and franchises of any Subsidiary from being terminated if, in the opinion of the Board of DirectorsDirectors of the Company, the preservation thereof is no longer desirable in the conduct of the business of the Company and its Subsidiaries and the loss thereof is not disadvantageous in any material respect to the holders of Series A Preferred StockSecurities.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Worms & Co Inc), Securities Purchase Agreement (General Electric Capital Corp)

Preservation of Franchises and Existence. The Company will (i) maintain its corporate existence, rights and franchises in full force and effect, and (ii) cause the Subsidiaries to maintain their respective corporate existences, rights and franchises in full force and effect; provided PROVIDED that nothing in this Section 4.3 shall prevent the Company or any Subsidiary from discontinuing its operations in any particular state or at any particular location or locations within the state, or prevent the corporate existence, rights and franchises of any Subsidiary from being terminated if, in the opinion of the Board of Directors, the preservation thereof is no longer desirable in the conduct of the business of the Company and its Subsidiaries and the loss thereof is not disadvantageous in any material respect to the holders of Series A Preferred Stock.

Appears in 1 contract

Samples: Securities Purchase Agreement (Worms & Co Inc)

Preservation of Franchises and Existence. The Company will (i) maintain its corporate existence, rights and franchises in full force and effect, and (ii) cause the each of its Subsidiaries to maintain their respective corporate existences, rights and franchises in full force and effect; , provided that nothing in this Section 4.3 6.4 shall prevent the Company or any Subsidiary of its Subsidiaries from discontinuing its operations in any particular state or at any particular location or locations within the state, or prevent the corporate existence, rights and franchises of any Subsidiary from being terminated if, in the opinion of the Board of DirectorsDirectors of the Company, the preservation thereof is no longer desirable in the conduct of the business of the Company and its Subsidiaries taken as a whole and the loss thereof is not disadvantageous in any material respect to the holders of Series A Preferred StockSecurities.

Appears in 1 contract

Samples: Securities Purchase Agreement (Recovery Engineering Inc)

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Preservation of Franchises and Existence. The Except as otherwise ---------------------------------------- permitted by the Agreement, the Company will (i) maintain its corporate existence, rights and franchises in full force and effect, and (ii) cause the Subsidiaries to maintain their respective corporate existences, rights and franchises in full force and effect; , provided that nothing in this Section 4.3 Section6.7 shall prevent the Company or any Subsidiary from discontinuing its operations in any particular state or at any particular location or locations within the state, or prevent the corporate existence, rights and franchises of any Subsidiary from being terminated if, in the opinion of the Board of DirectorsDirectors of the Company, the preservation thereof is no longer desirable in the conduct of the business of the Company and its Subsidiaries and taken as a whole or implementing the loss thereof is not disadvantageous in any material Company's plans with respect to the holders of Series A Preferred StockMetabasis or Automedics.

Appears in 1 contract

Samples: Securities Purchase Agreement (Gensia Sicor Inc)

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