Common use of Equipment and Real Property Covenants Clause in Contracts

Equipment and Real Property Covenants. With respect to the Equipment and/or Real Property: (a) upon Administrative and Collateral Agent’s request after an Event of Default, deliver or cause to be delivered to Administrative and Collateral Agent written appraisals as to the Equipment in form, scope and methodology acceptable to Administrative and Collateral Agent and by an appraiser acceptable to Administrative and Collateral Agent, addressed to Administrative and Collateral Agent and Lenders and upon which Administrative and Collateral Agent and Lenders are expressly permitted to rely; (b) except where failure to do so could not reasonably be expected to cause a Material Adverse Change, Borrower shall keep the Equipment in good order, repair, running and marketable condition (ordinary wear and tear excepted); (c) Borrower shall use the Equipment and Real Property with all commercially reasonable care and caution and in accordance with applicable standards of any insurance of Borrower and in conformity with all applicable laws; (d) the Equipment is and shall be used in Borrower’s business and not for personal, family, household or farming use; (e) Borrower shall not remove any Equipment from the locations set forth or permitted herein, except to the extent necessary to have any Equipment repaired or maintained in the ordinary course of the business of Borrower or to move Equipment directly from one location set forth or permitted herein to another such location and except for the movement of motor vehicles used by or for the benefit of Borrower in the ordinary course of business; (f) the Equipment is now and shall remain personal property and Borrower shall not permit any of the Equipment to be or become a part of or affixed to real property; and (g) Borrower assumes all responsibility and liability arising from the use of the Equipment and Real Property.

Equipment and Real Property Covenants. With respect to the Equipment and/or and Real Property: (a) upon Administrative and Collateral Agent’s Lender's request, Borrower shall, at its expense, no more than once in any twelve (12) month period, but at any time or times as Lender may request on or after an Event of Default, deliver or cause to be delivered to Administrative and Collateral Agent Lender written reports or appraisals as to the Equipment and/or the Real Property in form, scope and methodology acceptable to Administrative and Collateral Agent Lender and by an appraiser acceptable to Administrative and Collateral AgentLender, addressed to Administrative and Collateral Agent and Lenders Lender and upon which Administrative and Collateral Agent and Lenders are Lender is expressly permitted to rely; (b) except where failure to do so could not reasonably be expected to cause a Material Adverse Change, Borrower shall keep the Equipment that is used or useful in Borrower's business in good order, repair, running and marketable condition (ordinary wear and tear excepted); (c) Borrower shall use the Equipment and Real Property with all commercially reasonable care and caution and in accordance with applicable standards of any insurance of Borrower and in conformity with all applicable laws; (d) the Equipment is and shall be used in Borrower’s 's business and not for personal, family, household or farming use; (e) Borrower shall not remove any Equipment from the locations set forth or permitted herein, except to the extent necessary to have any Equipment repaired or maintained in the ordinary course of the business of Borrower or to move Equipment directly from one location set forth or permitted herein to another such location and except for the movement of motor vehicles used by or for the benefit of Borrower in the ordinary course of business; (f) the Equipment is now and shall remain personal property and Borrower shall not permit any of the Equipment to be or become a part of or affixed to real property; and (g) Borrower assumes all responsibility and liability arising from the use of the Equipment and Real Property.

Equipment and Real Property Covenants. With respect to the Equipment and/or and Real Property: (a) upon Administrative and Collateral Agent’s Lender's request, Borrower shall, at its expense, no more than once in any twelve (12) month period, but at any time or times as Lender may request on or after an Event of Default, deliver or cause to be delivered to Administrative and Collateral Agent Lender written reports or appraisals as to the Equipment and/or the Real Property (other than leased Real Property) in form, scope and methodology reasonably acceptable to Administrative and Collateral Agent Lender and by an appraiser reasonably acceptable to Administrative and Collateral AgentLender, addressed to Administrative and Collateral Agent and Lenders Lender and upon which Administrative and Collateral Agent and Lenders are Lender is expressly permitted to rely; (b) except where failure to do so could not reasonably be expected to cause a Material Adverse Change, Borrower shall keep the Equipment in good order, repair, running and marketable condition (ordinary wear and tear excepted); (c) Borrower shall use the Equipment and Real Property with all commercially reasonable care and caution and in accordance with applicable standards of any insurance of Borrower and in material conformity with all applicable laws; (d) the Equipment is and shall be used in Borrower’s business and not for personal, family, household or farming use; (e) Borrower shall not remove any Equipment from the locations set forth or permitted herein, except to the extent necessary to have any Equipment replaced (to the extent permitted under Section 9.7(b) herein), repaired or maintained in the ordinary course of the business of Borrower or to move Equipment directly from one location set forth or permitted herein to another such location and except for the movement of motor vehicles or other portable Equipment used by or for the benefit of Borrower in the ordinary course of business; (fe) the Equipment is now and shall remain personal property and Borrower shall not permit any of the Equipment to be or become a part of or affixed to real property; and (gf) Borrower assumes all responsibility and liability arising from the use of the Equipment and Real Property.

Equipment and Real Property Covenants. With respect to the Equipment and/or and Real Property: (a) upon Administrative and Collateral Agent’s at any time or times as Lender may request on or after an Event of Default, deliver or cause to be delivered to Administrative and Collateral Agent Lender written appraisals as to the Equipment and/or the Real Property in form, scope and methodology acceptable to Administrative and Collateral Agent Lender and by an appraiser acceptable to Administrative and Collateral AgentLender, addressed to Administrative and Collateral Agent and Lenders Lender and upon which Administrative and Collateral Agent and Lenders are Lender is expressly permitted to rely; (b) except where failure to do so could not reasonably be expected to cause a Material Adverse Change, Borrower shall keep the Equipment in good order, repair, running and marketable condition (ordinary wear and tear excepted); (c) Borrower shall use the Equipment and Real Property with all commercially reasonable care and caution and in accordance with applicable standards of any insurance of Borrower and in conformity with all applicable laws; (d) the Equipment is and shall be used in Borrower’s 's business and not for personal, family, household or farming use; (e) Borrower shall not remove any Equipment from the locations set forth or permitted herein, except to the extent necessary to have any Equipment repaired or maintained in the ordinary course of the business of Borrower or to move Equipment directly from one location set forth or permitted herein to another such location and except for the movement of motor vehicles used by or for the benefit of Borrower in the ordinary course of business; (f) the Equipment is now and shall remain personal property and Borrower shall not permit any of the Equipment to be or become a part of or affixed to real property; and (g) Borrower assumes all responsibility and liability arising from the use of the Equipment and Real Property.