Common use of Maintenance of Equipment Clause in Contracts

Maintenance of Equipment. Maintain the Equipment in good operating condition and repair (ordinary wear and tear excepted), and make all necessary replacements thereto so that the value and operating efficiency thereof shall at all times be maintained and preserved. Other than those items of Equipment that constitute fixtures on the Closing Date, Borrower shall not permit any item of Equipment to become a fixture to real estate or an accession to other property, and such Equipment shall at all times remain personal property.

Appears in 40 contracts

Samples: Loan and Security Agreement (Childrens Place Retail Stores Inc), Loan Agreement (Prospect Acquisition Corp), Loan Agreement (Prospect Acquisition Corp)

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Maintenance of Equipment. Maintain the its Equipment in good operating condition and repair (ordinary wear and tear excepted), and make all necessary replacements thereto so that the value and operating efficiency thereof shall at all times be maintained and preserved. Other than those items of Equipment that constitute fixtures on the Closing Date, such Borrower shall not permit any item of its Equipment to become a fixture to real estate or an accession to other property, and such Equipment shall at all times remain personal property.

Appears in 5 contracts

Samples: Loan and Security Agreement (Allied Healthcare Products Inc), Loan and Security Agreement (Morrow Snowboards Inc), Loan and Security Agreement (Allied Healthcare Products Inc)

Maintenance of Equipment. Maintain the Equipment in good operating condition and repair (ordinary wear and tear excepted), and make all necessary replacements thereto so that the value and operating efficiency thereof shall at all times be maintained and preserved. Other than those items of Equipment that constitute fixtures on the Closing Date, Borrower no Obligor shall not permit any item of Equipment to become a fixture to real estate or an accession to other property, and such Equipment shall at all times remain personal property.

Appears in 4 contracts

Samples: Loan and Security Agreement (Childrens Broadcasting Corp), Loan and Security Agreement (Childrens Broadcasting Corp), Loan and Security Agreement (Discovery Zone Inc)

Maintenance of Equipment. Maintain the Equipment in good operating condition and repair (ordinary wear and tear excepted), and make all necessary replacements thereto so that the value and operating efficiency thereof shall at all times be maintained and preserved. Other than those items of Equipment that constitute fixtures on the Closing DateDate or are financed pursuant to Permitted Indebtedness, Borrower shall not permit any item of Equipment to become a fixture to real estate or an accession to other property, and such Equipment shall at all times remain personal property.

Appears in 4 contracts

Samples: Loan and Security Agreement (Network Plus Corp), Loan and Security Agreement (Network Plus Corp), Loan and Security Agreement (Network Plus Corp)

Maintenance of Equipment. Maintain the Equipment in good such operating condition and repair as exists on the date hereof (ordinary wear and tear excepted), and make all necessary replacements thereto so that the value (excluding ordinary depreciation thereof) and operating efficiency thereof shall at all times be maintained and preserved. Other than those items of Equipment that constitute fixtures on the Closing DateExcept as required by law, Borrower shall not permit any item of Equipment to become a fixture to real estate (other than Real Property subject to a Mortgage) or an accession to other property, and such Equipment shall at all times remain personal property.

Appears in 3 contracts

Samples: Loan and Security Agreement (Vermont Transit Co Inc), Loan and Security Agreement (Los Buenos Leasing Co Inc), Loan and Security Agreement (Texas New Mexico & Oklahoma Coaches Inc)

Maintenance of Equipment. Maintain the Equipment in good operating condition and repair (ordinary wear and tear excepted), and make all necessary replacements thereto so that the value and operating efficiency thereof shall at all times be maintained and preserved. Other than those items of Equipment that constitute fixtures on the Closing Date, Borrower Borrowers shall not permit any item of Equipment to become a fixture to real estate or an accession to other property, and such Equipment shall at all times remain personal property.

Appears in 3 contracts

Samples: Loan and Security Agreement (Childrens Place Retail Stores Inc), Loan and Security Agreement (P Com Inc), Loan and Security Agreement (RDM Sports Group Inc)

Maintenance of Equipment. Maintain the Equipment in good operating condition and repair (ordinary wear and tear excepted), and make all necessary replacements thereto so that the value and operating efficiency thereof shall at all times be maintained and preserved. Other than those items of Equipment that constitute fixtures on the Closing Date, such Borrower shall not permit any item of Equipment to become a fixture to real estate or an accession to other property, and such Equipment shall at all times remain personal property.

Appears in 2 contracts

Samples: Loan and Security Agreement (Leslies Poolmart Inc), Loan and Security Agreement (Leslies Poolmart Inc)

Maintenance of Equipment. Maintain the Equipment in good operating condition and repair (ordinary wear and tear excepted), and make all necessary replacements thereto so that the value and operating efficiency thereof shall at all times be maintained and preserved. Other than those items of Equipment that constitute fixtures on the Closing Effective Date, Borrower shall not permit any item of Equipment to become a fixture to real estate or an accession to other property, and such Equipment shall at all times remain personal property.

Appears in 2 contracts

Samples: Loan and Security Agreement (Garden Botanika Inc), Loan and Security Agreement (Aureal Semiconductor Inc)

Maintenance of Equipment. Maintain the Equipment in good operating condition and repair (ordinary wear and tear excepted), and make all necessary replacements thereto so that the value and operating efficiency thereof shall at all times be maintained and preserved. Other than those items of Equipment that constitute fixtures on the Closing Date, Borrower shall not permit any item of Equipment to become a fixture to real estate or an accession to other property, and such Equipment shall at all times remain personal property.. 6.9

Appears in 1 contract

Samples: Loan and Security Agreement (CTC Communications Corp)

Maintenance of Equipment. Maintain Keep and maintain the Equipment in good operating condition and repair (ordinary wear and tear excepted), and make all necessary replacements thereto so that the value and operating efficiency thereof shall at all times be maintained and preserved. Other than those items of Equipment that constitute fixtures on the Closing Date, Borrower No Debtor shall not permit any item of Equipment to become a fixture to real estate or an accession to other property, and such the Equipment is now and shall at all times remain personal property.

Appears in 1 contract

Samples: Security Agreement (Corrida Resources Inc)

Maintenance of Equipment. Maintain the Equipment in good operating condition and repair (ordinary wear and tear excepted), and make all necessary replacements thereto so that the value and operating efficiency thereof shall at all times be maintained and preserved. Other than those items of Equipment that constitute fixtures on the Original Closing Date, Borrower shall not permit any item of Equipment to become a fixture to real estate or an accession to other property, and such Equipment shall at all times remain personal property.

Appears in 1 contract

Samples: Loan and Security Agreement (Intergraph Corp)

Maintenance of Equipment. Maintain the Equipment in good operating condition and repair (ordinary wear and tear excepted), and make all necessary replacements thereto so that the value and operating efficiency thereof shall at all times be maintained and preserved. Other than those items of Equipment that constitute fixtures on the Closing Date, each Borrower shall use its best efforts not to permit any item of Equipment to become a fixture to real estate or an accession to other property, and such Equipment shall at all times remain personal property.

Appears in 1 contract

Samples: Loan and Security Agreement (Multigraphics Inc)

Maintenance of Equipment. Maintain the Equipment (other than Equipment that is immaterial to the Obligors' business) in good operating condition and repair (ordinary wear and tear excepted), and make all necessary replacements thereto so that the value and operating efficiency thereof shall at all times be maintained and preserved. Other than those items of Equipment that constitute fixtures on the Closing Date, Borrower no Obligor shall not permit any item of Equipment to become a fixture to real estate or an accession to other property, and such Equipment shall at all times remain personal property.

Appears in 1 contract

Samples: Loan and Security Agreement (Muzak Capital Corp)

Maintenance of Equipment. Maintain the Equipment in good operating condition and repair (ordinary wear and tear excepted), and make all necessary replacements thereto so that the value and operating efficiency thereof shall at all times be maintained and preserved. Other than those items of Equipment that constitute fixtures on the Closing Date, Borrower shall not permit any item of Equipment (other than trade fixtures) to become a fixture to real estate or an accession to real estate on any real property other propertythan the Core Properties, and such Equipment shall at all times remain personal property.

Appears in 1 contract

Samples: Agency Agreement (Franks Nursery & Crafts Inc)

Maintenance of Equipment. Maintain the Equipment in good operating condition and repair (ordinary wear and tear excepted), and make all necessary replacements thereto so that the value and operating efficiency thereof shall at all times be maintained and preserved. Other than those items of Equipment that constitute fixtures on the Closing Date, Borrower shall not, and shall not permit any other Company to, permit any item of Equipment to become a fixture to real estate or an accession to other property, and such Equipment shall at all times remain personal property.

Appears in 1 contract

Samples: Loan and Security Agreement (Telxon Corp)

Maintenance of Equipment. Maintain all material items of the Equipment then used in Borrowers' business in good operating condition and repair (ordinary wear and tear excepted), and make all necessary replacements thereto so that the value and operating efficiency thereof shall at all times be maintained and preserved. Other than those items of Equipment that constitute fixtures on the Closing Date, Borrower Borrowers shall not permit any item of Equipment to become a fixture to real estate or an accession to other property, and such Equipment shall at all times remain personal property.

Appears in 1 contract

Samples: Loan and Security Agreement (Interiors Inc)

Maintenance of Equipment. Maintain Keep and maintain the ------------------------ Equipment in good operating condition and repair (ordinary wear and tear excepted), and make all necessary replacements thereto so that the value and operating efficiency thereof shall at all times be maintained and preserved. Other than those items of Equipment that constitute fixtures on the Closing Date, Borrower Guarantor shall not permit any item of Equipment to become a fixture to real estate or an accession to other property, and such the Equipment is now and shall at all times remain personal property.

Appears in 1 contract

Samples: Security Agreement (QMS Inc)

Maintenance of Equipment. Maintain the Equipment in good operating condition and repair (ordinary wear and tear excepted), and make all necessary replacements thereto so that the value and operating efficiency thereof shall at all times be maintained and preserved. Other than those items of Equipment that constitute fixtures on the Closing DateDate (and the required replacement thereof), Borrower shall not permit any item of Equipment to become a fixture to real estate or an accession to other property, and such Equipment shall at all times remain personal property.

Appears in 1 contract

Samples: Assumption Agreement (Cortelco Systems Inc)

Maintenance of Equipment. Maintain Keep and maintain the Equipment in good operating condition and repair (ordinary wear and tear excepted), and make all necessary replacements thereto so that the value and operating efficiency thereof shall at all times be maintained and preserved. Other than those items of Equipment that constitute fixtures on the Closing Date, Borrower Debtor shall not permit any item of Equipment to become a fixture to real estate or an accession to other property, and such the Equipment is now and shall at all times remain personal property.

Appears in 1 contract

Samples: Security Agreement (Fitzgeralds Gaming Corp)

Maintenance of Equipment. Maintain the Equipment in good operating condition and repair (ordinary wear and tear excepted), and make all necessary replacements thereto so that the value and operating efficiency thereof shall at all times be maintained and preserved. Other than those items of Equipment that constitute fixtures on the Closing Date, Borrower Obligor shall not permit any item of Equipment to become a fixture to real estate or an accession to other property, and such Equipment shall at all times remain personal property.

Appears in 1 contract

Samples: Loan and Security Agreement (Dep Corp)

Maintenance of Equipment. Maintain the Equipment in good operating condition and repair (ordinary wear and tear excepted), and make all necessary replacements thereto so that the value and operating efficiency thereof shall at all times be maintained and preserved. Other than those items of Equipment that constitute fixtures on the Closing Date, Borrower shall use its best efforts not to permit any item of Equipment to become a fixture to real estate or an accession to other property, and such Equipment shall at all times remain personal property.

Appears in 1 contract

Samples: Loan and Security Agreement (Multigraphics Inc)

Maintenance of Equipment. Maintain the Equipment in good operating condition and repair (ordinary wear and tear excepted), and make all necessary replacements thereto so that the value and operating efficiency thereof shall at all times be maintained and preserved. Other than those items of Equipment that constitute fixtures on the Closing Date, Borrower shall not (except in the ordinary course of its business and consistent with past practices) permit any item of Equipment to become a fixture to real estate or an accession to other property, and such Equipment shall at all times remain personal property.

Appears in 1 contract

Samples: Loan and Security Agreement (Todays Man Inc)

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Maintenance of Equipment. Maintain the all material Equipment in good operating condition and repair (ordinary wear and tear excepted), and make all necessary replacements thereto so that the value and operating efficiency thereof shall at all times be maintained and preservedpreserved unless Borrower reasonably determines that replacement is not warranted considering all of the relevant circumstances. Other than those items of Equipment that constitute fixtures on the Closing Date, Borrower shall not permit any item of Equipment to become a fixture to real estate or an accession to the other property, and such the Equipment is now and shall at all times remain personal property.

Appears in 1 contract

Samples: Loan and Security Agreement (Communication Telesystems International)

Maintenance of Equipment. Maintain the its Equipment in good operating condition and repair (ordinary wear and tear excepted), and make all necessary replacements thereto so that the value and operating efficiency thereof shall at all times be maintained and preserved. Other than those items of Equipment that constitute fixtures or accessions on the Closing Date, such Borrower shall not permit any item of its Equipment to become a fixture to real estate or an accession to other property, and such Equipment shall at all times remain personal property.property (other than

Appears in 1 contract

Samples: Loan and Security Agreement (Celebrity Inc)

Maintenance of Equipment. Maintain the its Equipment in good operating condition and repair (ordinary wear and tear excepted), and make all necessary replacements thereto so that the value and operating efficiency thereof shall at all times be maintained and preserved. Other than those items of Equipment that constitute fixtures or accessions on the Closing Date, such Borrower shall not permit any item of its Equipment to become a fixture to real estate or an accession to other propertyproperty (other than to repair or replace any such fixture or accession), and such Equipment shall at all times remain personal property.

Appears in 1 contract

Samples: Loan and Security Agreement (Celebrity Inc)

Maintenance of Equipment. Maintain the Equipment in good operating condition and repair (ordinary wear and tear excepted), and make all necessary replacements thereto so that the value and operating efficiency thereof shall at all times be maintained and preserved. Other than those items of Equipment that constitute fixtures on the Closing Datedate hereof, Borrower shall not permit any item of Equipment to become a fixture to real estate or an accession to other property, and such Equipment shall at all times shall remain personal property.

Appears in 1 contract

Samples: Security Agreement (GPS Industries, Inc.)

Maintenance of Equipment. Maintain the Equipment in good operating condition and repair (ordinary wear and tear excepted), and make all necessary replacements thereto so that the value and operating efficiency thereof shall at all times be maintained and preserved. Other than those items of Equipment that constitute fixtures on the Closing DateDate and replacements thereto and except in the ordinary course of business with respect to its retail stores, Borrower shall not permit any item of Equipment to become a fixture to real estate or an accession to other property, and such Equipment shall at all times remain personal property.

Appears in 1 contract

Samples: Loan and Security Agreement (Gantos Inc)

Maintenance of Equipment. Maintain the Equipment in good operating condition and repair (ordinary wear and tear excepted), and make all necessary replacements thereto so that the value and operating efficiency thereof shall at all times be maintained and preserved. Other than those items of Equipment that constitute fixtures on the Closing Date, Borrower shall not permit any item of Equipment to become a fixture to real estate or an accession to other propertyproperty other than the Real Property Collateral, and such Equipment shall at all times remain personal property.

Appears in 1 contract

Samples: Stock Pledge Agreement (Sands Regent)

Maintenance of Equipment. Maintain the Equipment in good operating condition and repair (ordinary wear and tear excepted), and make all necessary replacements thereto so that the value and operating efficiency thereof shall at all times be maintained and preserved. Other than those items of Equipment that constitute fixtures on the Closing Date, no Borrower shall not permit any item of Equipment to become a fixture to real estate or an accession to other property, and such Equipment shall at all times remain personal property.

Appears in 1 contract

Samples: Loan and Security Agreement (Effective Management Systems Inc)

Maintenance of Equipment. Maintain the Equipment in good operating condition and repair (ordinary wear and tear excepted), and make all necessary replacements thereto so that the value and operating efficiency thereof shall at all times be maintained and preserved. Other than those items of Equipment that constitute fixtures on the Closing Date, neither Borrower shall not permit any item of Equipment to become a fixture to real estate or an accession to other property, and such Equipment shall at all times remain personal property.

Appears in 1 contract

Samples: Loan and Security Agreement (Global Sports Inc)

Maintenance of Equipment. Maintain the Equipment in good operating ------------------------ condition and repair (ordinary wear and tear excepted), and make all necessary replacements thereto so that the value and operating efficiency thereof shall at all times be maintained and preserved. Other than those items of Equipment that constitute fixtures on the Closing Date, the Borrower shall not permit any item of Equipment to become a fixture to real estate or an accession to other property, and such Equipment shall at all times remain personal property.

Appears in 1 contract

Samples: Loan and Security Agreement (System Software Associates Inc)

Maintenance of Equipment. Maintain the Equipment in good operating condition and repair (ordinary wear and tear excepted), and make all necessary replacements thereto so that the value and operating efficiency thereof shall at all times be maintained and preservedpreserved in all material respects. Other than those items of Equipment that constitute fixtures on the Closing Date, Borrower shall use reasonable best efforts to not permit any item of Equipment to become a fixture to real estate or an accession to other property, and such Equipment shall at all times remain personal property.

Appears in 1 contract

Samples: Loan and Security Agreement (Star Telecommunications Inc)

Maintenance of Equipment. Maintain the Equipment in good operating condition and repair (ordinary wear and tear excepted), and make all necessary replacements thereto so that the value and operating efficiency thereof shall at all times be maintained and preserved. Other than (i) those items of Equipment that constitute fixtures on the Closing DateDate and (ii) heating, ventilation and air conditioning equipment, no Borrower shall not permit any item of Equipment to become a fixture to real estate or an accession to other property, and such Equipment shall at all times remain personal property.

Appears in 1 contract

Samples: Loan and Security Agreement (General Datacomm Industries Inc)

Maintenance of Equipment. Maintain Keep and maintain the Equipment in good operating condition and repair (ordinary wear and tear excepted), and make all necessary replacements thereto so that the value and operating efficiency thereof shall at all times be maintained and preserved. Other than those items of Equipment that constitute fixtures on the Closing Date, Borrower Guarantor shall not permit any item of Equipment to become a fixture to real estate or an accession to other propertyproperty other than the Real Property Collateral, and such the Equipment is now and shall at all times remain personal property.

Appears in 1 contract

Samples: Stock Pledge Agreement (Sands Regent)

Maintenance of Equipment. Maintain the Equipment in good operating condition and repair (ordinary wear and tear excepted), and make all necessary replacements thereto so that the value and operating efficiency thereof shall at all times be maintained and preserved. Other than those items of Equipment that constitute fixtures on the Closing Date, Borrower and its Subsidiaries shall not permit any item of Equipment to become a fixture to real estate or an accession to other property, and such Equipment shall at all times remain personal property, other than leasehold improvements pursuant to any lease agreement for the subject premises.

Appears in 1 contract

Samples: Loan and Security Agreement (Pharmhouse Corp)

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