Common use of Maintenance of Properties and Insurance Clause in Contracts

Maintenance of Properties and Insurance. (a) The Company shall cause all material properties owned by or leased by it or any of its Subsidiaries used or useful to the conduct of the Company’s business or the business of any of its Subsidiaries to be maintained and kept in normal condition, repair and working order and supplied with all necessary equipment and shall cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in its judgment may be necessary, so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that nothing in this Section 4.15 shall prevent the Company or any of its Subsidiaries from discontinuing the use, operation or maintenance of any of such properties, or disposing of any of them, if such discontinuance or disposal is, in the judgment of the Governing Body of the Company or of the Governing Body of any Subsidiary of the Company concerned, or of an officer (or other agent employed by the Company or of any of its Subsidiaries) of the Company or any of its Subsidiaries having managerial responsibility for any such property, desirable in the conduct of the business of the Company or any Subsidiary of the Company, and if such discontinuance or disposal is not adverse in any material respect to the Holders.

Appears in 6 contracts

Samples: Indenture (CNH Industrial Capital LLC), Indenture (CNH Industrial Capital LLC), Indenture (New Holland Credit Company, LLC)

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Maintenance of Properties and Insurance. (a) The Company shall cause all material properties owned by or leased by it or any of its Subsidiaries used or useful to the conduct of the Company’s its business or the business of any of its Subsidiaries to be improved or maintained and kept in normal condition, repair and working order and supplied with all necessary equipment and shall cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in its judgment may be necessary, so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that nothing in this Section 4.15 4.07 shall prevent the Company or any of its Subsidiaries from discontinuing the use, operation or maintenance of any of such properties, or disposing of any of them, if such discontinuance or disposal is, in the judgment of the Governing Body Board of the Company Directors or of the Governing Body board of directors of any Subsidiary of the Company concerned, or of an officer (or other agent employed by the Company or of any of its Subsidiaries) of the Company or any of its Subsidiaries having managerial responsibility for any such property, desirable in the conduct of the business of the Company or any Subsidiary of the Company, and if such discontinuance or disposal is not adverse in any material respect to the Holders.

Appears in 5 contracts

Samples: Indenture (Sheffield Steel Corp), Packaged Ice Inc, Packaged Ice Inc

Maintenance of Properties and Insurance. (a) The Company shall cause all material properties owned by or leased by it or any of its Subsidiaries used or useful and necessary to the conduct of the Company’s its business or the business of any of its Subsidiaries to be improved or maintained and kept in normal condition, repair and working order and supplied with all necessary equipment and shall cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in its judgment may be necessary, so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that nothing in this Section 4.15 4.7 shall prevent the Company or any of its Subsidiaries from discontinuing the use, operation or maintenance of any of such properties, or disposing of any of them, if such discontinuance or disposal is, in the judgment of the Governing Body Board of the Company Directors or of the Governing Body board of directors of any Subsidiary of the Company concerned, or of an officer (or other agent employed by the Company or of any of its Subsidiaries) of the Company or any of its Subsidiaries having managerial responsibility for any such property, desirable in the conduct of the business of the Company or any Subsidiary of the Company, and if such discontinuance or disposal is not adverse in any material respect to the Holders.

Appears in 4 contracts

Samples: Indenture (Versatel Telecom International N V), Indenture (Versatel Telecom International N V), Versatel Telecom Bv

Maintenance of Properties and Insurance. (a) The Company and each of its Subsidiaries shall cause all material properties owned by or leased by to it or any of its Subsidiaries and used or useful to in the conduct of the Company’s its business or the business of any of its Subsidiaries to be maintained and kept in normal condition, repair and working order and supplied with all necessary equipment and shall cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in its the judgment of the Company or such Subsidiary may be necessary, necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times; providedPROVIDED, howeverHOWEVER, that nothing in this Section 4.15 shall prevent the Company or any of its Subsidiaries from discontinuing the use, operation or maintenance of any of such properties, or disposing of any of them, if such discontinuance or disposal is, in the judgment of the Governing Body Board of Directors of the Company or of the Governing Body Board of any Subsidiary Directors of the Company Subsidiary concerned, or of an officer (or other agent employed by the Company or of any of its Subsidiaries) of the Company or any of its Subsidiaries such Subsidiary having managerial responsibility for any such property, desirable in the conduct of the business of the Company or any Subsidiary of the Company, and if such discontinuance or disposal is not adverse in any material respect to the Holdersits Subsidiaries.

Appears in 4 contracts

Samples: Indenture (Roadhouse Grill Inc), Indenture (Roadhouse Grill Inc), Financing and Security Agreement (Kimberton Enterprises Inc)

Maintenance of Properties and Insurance. (a) The Company shall cause all material properties owned by or leased by to it or any of its Subsidiaries Restricted Subsidiary and used or useful to in the conduct of the Company’s its business or the business of any of its Subsidiaries Restricted Subsidiary to be maintained and kept in normal condition, repair and working order and supplied with all necessary equipment and shall cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in its the judgment of the Company may be necessary, so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that nothing in this Section 4.15 4.10 shall prevent the Company or any of its Subsidiaries Restricted Subsidiary from discontinuing the use, operation or maintenance of any of such properties, or disposing of any of them, if such discontinuance or disposal is, in the judgment of the Governing Body Board of the Company Directors or of the Governing Body board of any Subsidiary directors of the Company Restricted Subsidiary concerned, or of an officer (or other agent employed by the Company or of any of its SubsidiariesRestricted Subsidiary) of the Company or any of its Subsidiaries such Restricted Subsidiary having managerial responsibility for any such property, desirable in the conduct of the business of the Company or any Subsidiary of the CompanyRestricted Subsidiary, and if such discontinuance or disposal is not adverse in any material respect to the Holders.

Appears in 4 contracts

Samples: Indenture (General Chemical Group Inc), Indenture (Gentek Inc), Tci Satellite Entertainment Inc

Maintenance of Properties and Insurance. (a) The Company and each of its Subsidiaries shall cause all material properties owned by or leased by to it or any of its Subsidiaries and used or useful to in the conduct of the Company’s its business or the business of any of its Subsidiaries to be maintained and kept in normal condition, repair and working order and supplied with all necessary equipment and shall cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in its the judgment of the Company or such Subsidiary may be necessary, necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that nothing in this Section 4.15 shall prevent the Company or any of its Subsidiaries from discontinuing the use, operation or maintenance of any of such properties, or disposing of any of them, if such discontinuance or disposal is, in the judgment of the Governing Body Board of Directors of the Company or of the Governing Body Board of any Subsidiary Directors of the Company Subsidiary concerned, or of an officer (or other agent employed by the Company or of any of its Subsidiaries) of the Company or any of its Subsidiaries such Subsidiary having managerial responsibility for any such property, desirable in the conduct of the business of the Company or any Subsidiary of the Company, and if such discontinuance or disposal is not adverse in any material respect to the Holdersits Subsidiaries.

Appears in 3 contracts

Samples: Indenture (National Vision Inc), Indenture (Penhall Co), Vista Eyecare Inc

Maintenance of Properties and Insurance. (a) The Company shall cause all material properties owned by or leased by it or any of its Subsidiaries used or useful to the conduct of the Company’s its business or the business of any of its Subsidiaries to be improved or maintained and kept in normal condition, repair and working order and supplied with all necessary equipment and shall cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in its judgment may be necessary, so that the business carried on in connection therewith may be properly and advantageously conducted at all times; providedPROVIDED, howeverHOWEVER, that nothing in this Section 4.15 4.07 shall prevent the Company or any of its Subsidiaries from discontinuing the use, operation or maintenance of any of such properties, or disposing of any of them, if such discontinuance or disposal is, in the judgment of the Governing Body Board of Directors of the Company or of the Governing Body of any such Subsidiary of the Company concerned, or of an officer (or other agent employed by the Company or of any of its Subsidiaries) of the Company or any of its Subsidiaries having managerial responsibility for any such property, desirable in the conduct of the business of the Company or any Subsidiary of the Companysuch Subsidiary, and if such discontinuance or disposal is not adverse in any material respect to the Holders.

Appears in 3 contracts

Samples: Acme Intermediate Holdings LLC, Acme Television LLC, Acme Intermediate Holdings LLC

Maintenance of Properties and Insurance. (a) The Company shall cause all material properties owned by or leased by to it or any of its Subsidiaries Restricted Subsidiary and used or useful to in the conduct of the Company’s its business or the business of any of its Subsidiaries Restricted Subsidiary to be maintained and kept in normal condition, repair and working order and supplied with all necessary equipment and shall cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in its the judgment of the Company may be necessary, so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that nothing in this Section 4.15 4.10 shall prevent the Company or any of its Subsidiaries Restricted Subsidiary from discontinuing the use, operation or maintenance of any of such properties, or disposing of any of them, if such discontinuance or disposal is, in the judgment of the Governing Body Board of Directors of the Company or of the Governing Body of any Restricted Subsidiary of the Company concerned, or of an officer Officer (or other agent employed by the Company or of any of its SubsidiariesRestricted Subsidiary) of the Company or any of its Subsidiaries such Restricted Subsidiary having managerial responsibility for any such property, desirable in the conduct of the business of the Company or any Subsidiary of the Company, and if such discontinuance or disposal is not adverse in any material respect to the HoldersRestricted Subsidiary.

Appears in 2 contracts

Samples: Trans Resources Inc, Trans Resources Inc

Maintenance of Properties and Insurance. (a) The Subject to Article V, the Company shall cause all material properties owned by or leased by to it or any of its Subsidiaries and used or useful to in the conduct of the Company’s its business or the business of any of its Subsidiaries to be maintained and kept in normal condition, repair and working order and supplied with all necessary equipment and shall cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in its the judgment of the Company may be necessary, so that the business carried on in connection therewith may be properly and advantageously conducted at all times; providedPROVIDED, howeverHOWEVER, that nothing in this Section 4.15 4.11 shall prevent the Company or any of its Subsidiaries from discontinuing the use, operation or maintenance of any of such properties, or disposing of any of them, if such discontinuance or disposal is, in the judgment of the Governing Body Board of Directors of the Company or of the Governing Body of any such Subsidiary of the Company concerned, or of an officer Officer (or other agent employed by the Company or of any of its Subsidiariessuch Subsidiary) of the Company or any of its Subsidiaries such Subsidiary having managerial responsibility for any such property, desirable in the conduct of the business of the Company or any such Subsidiary of the Company, and if such discontinuance or disposal is not adverse in any material respect to the Holders.

Appears in 2 contracts

Samples: Indenture (Cadmus Communications Corp/New), Indenture (Cadmus Communications Corp/New)

Maintenance of Properties and Insurance. (a) The Company shall cause all material properties owned by or leased by to it or any of and its Restricted Subsidiaries and used or useful to in the conduct of the Company’s their business or the business of any of its Subsidiaries to be maintained and kept in normal condition, repair and working order and supplied with all necessary equipment and shall cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in its the judgment of the Company or such Restricted Subsidiary may be necessary, necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that nothing in this Section 4.15 shall prevent the Company or any of its Restricted Subsidiaries from discontinuing the use, operation or maintenance of any of such properties, or disposing of any of them, if such discontinuance or disposal is, in the judgment of the Governing Body Board of Directors of the Company or of the Governing Body Board of any Subsidiary Directors of the Company Restricted Subsidiary concerned, or of an officer (or other agent employed by the Company or of any of its Restricted Subsidiaries) of the Company or any of its Subsidiaries such Restricted Subsidiary having managerial responsibility for any such property, desirable in the conduct of the business of the Company or any Subsidiary of the Company, and if such discontinuance or disposal is not adverse in any material respect to the Holdersits Restricted Subsidiaries.

Appears in 2 contracts

Samples: Indenture (Penn National Gaming Inc), Idt Corp

Maintenance of Properties and Insurance. (a) The Company shall cause all material properties owned by or leased by it or any of its Restricted Subsidiaries used or useful and necessary to the conduct of the Company’s its business or the business of any of its Restricted Subsidiaries to be improved or maintained and kept in normal condition, repair and working order and supplied with all necessary equipment and shall cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in its judgment may be necessary, so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that nothing in this Section 4.15 4.7 shall prevent the Company or any of its Restricted Subsidiaries from discontinuing the use, operation or maintenance of any of such properties, or disposing of any of them, if such discontinuance or disposal is, in the judgment of the Governing Body Board of the Company Directors or of the Governing Body board of directors of any Restricted Subsidiary of the Company concerned, or of an officer (or other agent employed by the Company or of any of its Subsidiaries) of the Company or any of its Restricted Subsidiaries having managerial responsibility for any such property, desirable in the conduct of the business of the Company or any Restricted Subsidiary of the Company, and if such discontinuance or disposal is not adverse in any material respect to the Holders.

Appears in 2 contracts

Samples: Dollar Indenture (JSG Acquisitions I), JSG Acquisitions I

Maintenance of Properties and Insurance. (a) The Company shall cause all material properties owned by or leased by to it or any of its Subsidiaries Restricted Subsidiary and used or useful to in the conduct of the Company’s its business or the business of any of its Subsidiaries Restricted Subsidiary to be maintained and kept in normal condition, repair and working order and supplied with all necessary equipment and shall cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in its the judgment of the Company may be necessary, so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that nothing in this Section 4.15 4.18 shall prevent the Company or any of its Subsidiaries Restricted Subsidiary from discontinuing the use, operation or maintenance of any of such properties, or disposing of any of them, if such discontinuance or disposal is, in the judgment of the Governing Body Board of the Company Directors or of the Governing Body board of any Subsidiary directors of the Company Restricted Subsidiary concerned, or of an officer (or other agent employed by the Company or of any of its SubsidiariesRestricted Subsidiary) of the Company or any of its Subsidiaries such Restricted Subsidiary having managerial responsibility for any such property, desirable in the conduct of the business of the Company or any Subsidiary of the CompanyRestricted Subsidiary, and if such discontinuance or disposal is not adverse in any material respect to the Holders.

Appears in 2 contracts

Samples: Indenture (Carrols Corp), Indenture (Carrols Corp)

Maintenance of Properties and Insurance. (a) The Company shall --------------------------------------- cause all material properties owned by or leased by it or any of its Subsidiaries used or useful and necessary to the conduct of the Company’s its business or the business of any of its Subsidiaries to be improved or maintained and kept in normal condition, repair and working order and supplied with all necessary equipment and shall cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in its judgment may be necessary, so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that nothing in this Section 4.15 4.7 shall prevent the Company or any of its Subsidiaries from discontinuing the use, operation or maintenance of any of such properties, or disposing of any of them, if such discontinuance or disposal is, in the judgment of the Governing Body Board of the Company Directors or of the Governing Body board of directors of any Subsidiary of the Company concerned, or of an officer (or other agent employed by the Company or of any of its Subsidiaries) of the Company or any of its Subsidiaries having managerial responsibility for any such property, desirable in the conduct of the business of the Company or any Subsidiary of the Company, and if such discontinuance or disposal is not adverse in any material respect to the Holders.

Appears in 2 contracts

Samples: Indenture (Cybernet Internet Services International Inc), Indenture (Cybernet Internet Services International Inc)

Maintenance of Properties and Insurance. (a) The Company shall cause all material properties owned by or leased by it or any of its Restricted Subsidiaries used or useful to the conduct of the Company’s 's business or the business of any of its Restricted Subsidiaries to be maintained and kept in normal condition, repair and working order (ordinary wear and tear excepted) and supplied with all necessary equipment and shall cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in its judgment may be necessary, so that the business carried on in connection therewith may be properly and advantageously conducted at all timesto actively conduct its business; provided, however, that nothing in this Section 4.15 4.09 shall prevent the Company or any of its Restricted Subsidiaries from discontinuing the use, operation or maintenance of any of such properties, or disposing of any of them, if such discontinuance or disposal is, in the judgment of the Governing Body Board of Directors of the Company or of the Governing Body Board of Directors of any Restricted Subsidiary of the Company concerned, or of an officer (or other agent employed by the Company or of any of its Subsidiaries) of the Company or any of its Restricted Subsidiaries having managerial responsibility for any such property, desirable in the conduct of the business of the Company or any Subsidiary of the CompanyRestricted Subsidiary, and if such discontinuance or disposal is not adverse in any material respect to the Holders.

Appears in 2 contracts

Samples: Affinity Group Holding, Inc., Affinity Group Inc

Maintenance of Properties and Insurance. (a) The Company shall cause all material properties owned by or leased by it or any of its Subsidiaries used or useful to the conduct of the Company’s its business or the business of any of its Subsidiaries to be improved or maintained and kept in normal condition, repair and working order and supplied with all necessary equipment and shall cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in its judgment may be necessary, so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that nothing in this Section 4.15 4.7 shall prevent the Company or any of its Subsidiaries from discontinuing the use, operation or maintenance of any of such properties, or disposing of any of them, if such discontinuance or disposal is, in the judgment of the Governing Body Board of the Company Directors or of the Governing Body board of directors of any Subsidiary of the Company concerned, or of an officer (or other agent employed by the Company or of any of its Subsidiaries) of the Company or any of its Subsidiaries having managerial responsibility for any such property, desirable in the conduct of the business of the Company or any Subsidiary of the Company, and if such discontinuance or disposal is not adverse in any material respect to the Holders.

Appears in 1 contract

Samples: Southern Bottled Water Co Inc

Maintenance of Properties and Insurance. (a) The Company shall cause all material properties Properties owned by or leased by it or any of its Subsidiaries used or useful to the conduct of the Company’s 's business or the business of any of its Subsidiaries to be maintained and kept in normal condition, repair and working order and supplied with all necessary equipment and shall cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in its judgment may be necessarynecessary to actively conduct its business; PROVIDED, so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, howeverHOWEVER, that nothing in this Section 4.15 4.09 -40- shall prevent the Company or any of its Subsidiaries from discontinuing the use, operation or maintenance of any of such properties, or disposing of any of them, if such discontinuance or disposal is, in the judgment of the Governing Body Board of Directors of the Company or of the Governing Body Board of Directors of any Subsidiary of the Company concerned, or of an officer (or other agent employed by the Company or of any of its Subsidiaries) of the Company or any of its Subsidiaries having managerial responsibility for any such propertyProperty, desirable in the conduct of the business of the Company or any Subsidiary of the Company, and if such discontinuance or disposal is not adverse in any material respect to the Holders.

Appears in 1 contract

Samples: Norcross Capital Corp

Maintenance of Properties and Insurance. (a) The Company shall cause all material properties Properties owned by or leased by it or any of its Subsidiaries used or useful to the conduct of the Company’s business or the business of any of its Subsidiaries to be maintained and kept in normal condition, repair and working order and supplied with all necessary equipment and shall cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in its judgment may be necessary, so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that nothing in this Section 4.15 4.09 shall prevent the Company or any of its Subsidiaries from discontinuing the use, operation or maintenance of any of such properties, or disposing of any of them, if such discontinuance or disposal is, in the judgment of the Governing Body Board of Directors of the Company or of the Governing Body Board of Directors of any Subsidiary of the Company concerned, or of an officer (or other agent employed by the Company or of any of its Subsidiaries) of the Company or any of its Subsidiaries having managerial responsibility for any such propertyProperty, desirable in the conduct of the business of the Company or any Subsidiary of the Company, and if such discontinuance or disposal is not adverse in any material respect to the Holders.

Appears in 1 contract

Samples: Indenture (Transportation Technologies Industries Inc)

Maintenance of Properties and Insurance. (a) The Company shall cause all material properties Properties owned by or leased by it or any of its Subsidiaries used or useful and necessary to the conduct of the Company’s its business or the business of any of its Subsidiaries to be maintained and kept in normal good condition, repair and working order (reasonable wear and supplied with all necessary equipment tear excepted) and shall cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in its judgment may be necessary, so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that nothing in this Section 4.15 4.4 shall prevent the Company or any of its Subsidiaries from discontinuing the use, operation or maintenance of any of such propertiesProperties, or disposing of any of them, if such discontinuance or disposal is, in the judgment of the Governing Body Board of Directors of the Company or of the Governing Body of any Subsidiary of the Company so concerned, or of an officer (or other agent employed by the Company or of any of its Subsidiariesthe Subsidiary so concerned) of the Company or any of its Subsidiaries a Subsidiary having managerial responsibility for any such property, desirable in the conduct of the business of the Company or any such Subsidiary of the Company, and if such discontinuance or disposal is not adverse in any material respect to the Holders.

Appears in 1 contract

Samples: Indenture (Hvide Marine Inc)

Maintenance of Properties and Insurance. (a) The Company --------------------------------------- shall cause all material properties owned by or leased by it or any of its Subsidiaries used or useful and necessary to the conduct of the Company’s its business or the business of any of its Subsidiaries to be improved or maintained and kept in normal condition, repair and working order and supplied with all necessary equipment and shall cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in its judgment may be necessary, so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that nothing in this Section 4.15 4.7 shall prevent the Company or any of its Subsidiaries from discontinuing the use, operation or maintenance of any of such properties, or disposing of any of them, if such discontinuance or disposal is, in the judgment of the Governing Body Board of the Company Directors or of the Governing Body board of directors of any Subsidiary of the Company concerned, or of an officer (or other agent employed by the Company or of any of its Subsidiaries) of the Company or any of its Subsidiaries having managerial responsibility for any such property, desirable in the conduct of the business of the Company or any Subsidiary of the Company, and if such discontinuance or disposal is not adverse in any material respect to the Holders.

Appears in 1 contract

Samples: Cybernet Internet Services International Inc

Maintenance of Properties and Insurance. (a1) The Company shall cause all material properties owned by or leased by it or any of its the Subsidiaries used or useful to the conduct of the Company’s its business or the business of any of its the Subsidiaries to be improved or maintained and kept in normal condition, repair and working order and supplied with all necessary equipment and shall cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in its judgment may be necessary, so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that -------- ------- nothing in this Section 4.15 4.05 shall prevent the Company or any of its the Subsidiaries from discontinuing the use, operation or maintenance of any of such properties, or disposing of any of them, if such discontinuance or disposal is, in the judgment of the Governing Body Board of Directors of the Company or of the Governing Body Board of Directors of any Subsidiary of the Company concernedSubsidiary, or of an officer (or other agent employed by the Company or of any of its the Subsidiaries) of the Company or any of its Subsidiaries having managerial responsibility for any such property, desirable in the conduct of the business of the Company or any Subsidiary of the CompanySubsidiary, and if such discontinuance or disposal is not adverse in any material respect to the Holders.

Appears in 1 contract

Samples: Indenture (Ametek Inc/)

Maintenance of Properties and Insurance. (a) The Company shall cause all material properties Properties owned by or leased by it or any of its Subsidiaries used or useful to the conduct of the Company’s 's business or the business of any of its Subsidiaries to be maintained and kept in normal condition, repair and working order and supplied with all necessary equipment and shall cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in its judgment may be necessarynecessary to actively conduct its business; PROVIDED, so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, howeverHOWEVER, that nothing in this Section 4.15 4.09 shall prevent the Company or any of its Subsidiaries from discontinuing the use, operation or maintenance of any of such properties, or disposing of any of them, if such discontinuance or disposal is, in the judgment of the Governing Body Board of Directors of the Company or of the Governing Body Board of Directors of any Subsidiary of the Company concerned, or of an officer (or other agent employed by the Company or of any of its Subsidiaries) of the Company or any of its Subsidiaries having managerial responsibility for any such propertyProperty, desirable in the conduct of the business of the Company or any Subsidiary of the Company, and if such discontinuance or disposal is not adverse in any material respect to the Holders.

Appears in 1 contract

Samples: NSP Holdings Capital Corp.

Maintenance of Properties and Insurance. (a) The Company shall cause all material properties owned by or leased by it or any of its Subsidiaries used or useful and necessary to the conduct of the Company’s its business or the business of any of its Subsidiaries to be improved or maintained and kept in normal condition, repair and working order and supplied with all necessary equipment and shall cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in its judgment may be necessary, so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that nothing in this Section 4.15 3.12 shall prevent the Company or any of its Subsidiaries from discontinuing the use, operation or maintenance of any of such properties, or disposing of any of them, if such discontinuance or disposal is, in the judgment of the Governing Body Board of the Company Directors or of the Governing Body board of directors of any Subsidiary of the Company concerned, or of an officer (or other agent employed by the Company or of any of its Subsidiaries) of the Company or any of its Subsidiaries having managerial responsibility for any such property, desirable in the conduct of the business of the Company or any Subsidiary of the Company, and if such discontinuance or disposal is not adverse in any material respect to the HoldersHolder.

Appears in 1 contract

Samples: Weight Watchers International Inc

Maintenance of Properties and Insurance. (a) The Company shall cause all material properties owned by or leased by it or any of its Restricted Subsidiaries used or useful and necessary to the conduct of the Company’s its business or the business of any of its Restricted Subsidiaries to be improved or maintained and kept in normal condition, repair and working order and supplied with all necessary equipment and shall cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in its judgment may be necessary, so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that nothing in this Section 4.15 4.7 shall prevent the Company or any of its Restricted Subsidiaries from discontinuing the use, operation or maintenance of any of such properties, or disposing of any of them, if such discontinuance or disposal is, in as determined by the judgment of Company, the Governing Body of the Company Restricted Subsidiary concerned or of the Governing Body of any Subsidiary of the Company concerned, or of an officer Officer (or other agent employed by the Company or of any of its Subsidiaries) of the Company or any of its Restricted Subsidiaries having managerial responsibility for any such property, desirable in the conduct of the business of the Company or any Subsidiary of the Companyits Restricted Subsidiaries, and if such discontinuance or disposal is not adverse in any material respect to the Holders.

Appears in 1 contract

Samples: Agreement (Central European Distribution Corp)

Maintenance of Properties and Insurance. (a) The Company shall --------------------------------------- cause all material properties owned by or leased by it or any of its Subsidiaries used or useful and necessary to the conduct of the Company’s its business or the business of any of its Subsidiaries to be improved or maintained and kept in normal condition, repair and working order and supplied with all necessary equipment and shall cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in its judgment may be necessary, so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that nothing in this Section 4.15 4.7 shall prevent the Company or any of its Subsidiaries from discontinuing the use, operation or maintenance of any of such properties, or disposing of any of them, if such discontinuance or disposal is, in the judgment of the Governing Body Board of the Company Directors or of the Governing Body board of directors of any Subsidiary of the Company concerned, or of an officer (or other agent employed by the Company or of any of its Subsidiaries) of the Company or any of its Subsidiaries having managerial responsibility for any such property, desirable in the conduct of the business of the Company or any Subsidiary of the Company, and if such discontinuance or disposal is not adverse in any material respect to the Holders.

Appears in 1 contract

Samples: Cybernet Internet Services International Inc

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Maintenance of Properties and Insurance. (a) The Company shall cause all material properties owned by or leased by it or any of its Subsidiaries used or useful to the conduct of the Company’s its business or the business of any of its Subsidiaries to be improved or maintained and kept in normal condition, repair and working order and supplied with all necessary equipment and shall cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in its judgment may be necessary, so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that nothing in this Section 4.15 5.12 shall prevent the Company or any of its Subsidiaries from discontinuing the use, operation or maintenance of any of such properties, or disposing of any of them, if such discontinuance or disposal is, in the judgment of the Governing Body Board of Directors of the Company or of the Governing Body Board of Directors of any Subsidiary of the Company concernedCompany, or of an officer (or other agent employed by the Company or of any of its Subsidiaries) of the Company or any of its Subsidiaries having managerial responsibility for any such property, desirable in the conduct of the business of the Company or any Subsidiary of the Companyits Subsidiaries, and if such discontinuance or disposal is not adverse in any material respect to the HoldersNoteholders.

Appears in 1 contract

Samples: Note Purchase Agreement (Alarmguard Holdings Inc)

Maintenance of Properties and Insurance. (a) The Company shall cause all material properties owned by or leased by it or any of its Subsidiaries used or useful to the conduct of the Company’s its business or the business of any of its Subsidiaries to be maintained and kept in normal condition, repair and working order and supplied with all necessary equipment and shall cause to be made all necessary repairs, renewals, replacements, and betterments and improvements thereof, all as in its judgment may be necessary, so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that nothing in this Section 4.15 4.07 shall prevent the Company or any of its Subsidiaries from discontinuing the use, operation or maintenance of any of such properties, or disposing of any of them, if such discontinuance or disposal is, in the judgment of the Governing Body Board of Directors of the Company or of the Governing Body of any such Subsidiary of the Company concerned, or of an officer (or other agent employed by the Company or of any of its Subsidiaries) of the Company or any of its Subsidiaries having managerial responsibility for any such property, desirable in the conduct of the business of the Company or any Subsidiary of the Companysuch Subsidiary, and if such discontinuance or disposal is not adverse in any material respect to the Holders.

Appears in 1 contract

Samples: Unifrax Investment Corp

Maintenance of Properties and Insurance. (a) The Company shall cause all material properties owned by or leased by it or any of its the Subsidiaries used or useful to the conduct of the Company’s its business or the business of any of its the Subsidiaries to be maintained and kept in normal condition, repair and working order and supplied with all necessary equipment and shall cause to be made all necessary repairs, renewals, replacements, betterments renewals and improvements replacements thereof, all as in its judgment may be necessary, so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that nothing in this Section 4.15 4.07 shall prevent the Company or any of its the Subsidiaries from discontinuing the use, operation or maintenance of any of such properties, or disposing of any of them, if such discontinuance or disposal is, in the judgment of the Governing Body Board of Directors of the Company or of the Governing Body of any Subsidiary of the Company concerned, or of an officer (or other agent employed by the Company or of any of its the Subsidiaries) of the Company or any of its the Subsidiaries having managerial responsibility for any such property, desirable in the conduct of the business of the Company or any Subsidiary of the CompanySubsidiary, and if such discontinuance or disposal is not adverse in any material respect to the Holders.

Appears in 1 contract

Samples: Indenture (Leslies Poolmart Inc)

Maintenance of Properties and Insurance. (a) The Company shall cause all material properties owned by or leased by to it or any of its Subsidiaries Restricted Subsidiary and used or useful to in the conduct of the Company’s its business or the business of any of its Subsidiaries Restricted Subsidiary to be maintained and kept in normal condition, repair and working order and supplied with all necessary equipment and shall cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in its the judgment of the Company may be necessary, so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that nothing in this Section 4.15 4.06 39 -33- shall prevent the Company or any of its Subsidiaries Restricted Subsidiary from discontinuing the use, operation or maintenance of any of such properties, or disposing of any of them, if such discontinuance or disposal is, in the judgment of the Governing Body Board of the Company Directors or of the Governing Body board of any Subsidiary directors of the Company Restricted Subsidiary concerned, or of an officer (or other agent employed by the Company or of any of its SubsidiariesRestricted Subsidiary) of the Company or any of its Subsidiaries such Restricted Subsidiary having managerial responsibility for any such property, desirable in the conduct of the business of the Company or any Subsidiary of the CompanyRestricted Subsidiary, and if such discontinuance or disposal is not adverse in any material respect to the Holders.

Appears in 1 contract

Samples: Global Telesystems Europe B V

Maintenance of Properties and Insurance. (a) The Company shall cause all material properties owned by or leased by it or any of its the Subsidiaries used or useful to the conduct of the Company’s its business or the business of any of its the Subsidiaries to be maintained and kept in normal condition, repair and working order and supplied with all necessary equipment and shall cause to be made all necessary repairs, renewals, replacements, betterments renewals and improvements replacements thereof, all as in its judgment may be necessary, so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that nothing in this Section 4.15 4.07 shall prevent the -------- ------- Company or any of its the Subsidiaries from discontinuing the use, operation or maintenance of any of such properties, or disposing of any of them, if such discontinuance or disposal is, in the judgment of the Governing Body Board of Directors of the Company or of the Governing Body of any Subsidiary of the Company concerned, or of an officer (or other agent employed by the Company or of any of its the Subsidiaries) of the Company or any of its the Subsidiaries having managerial responsibility for any such property, desirable in the conduct of the business of the Company or any Subsidiary of the CompanySubsidiary, and if such discontinuance or disposal is not adverse in any material respect to the Holders.

Appears in 1 contract

Samples: Leslies Poolmart Inc

Maintenance of Properties and Insurance. (a) The Company shall cause all material properties owned by or leased by it or any of its Subsidiaries used or useful and necessary to the conduct of the Company’s its business or the business of any of its Subsidiaries to be improved or maintained and kept in normal condition, repair and working order and supplied with all necessary equipment and shall cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in its judgment may be necessary, so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that nothing in this Section 4.15 4.4 shall prevent the Company or any of its Subsidiaries from discontinuing the use, operation or maintenance of any of such properties, or disposing of any of them, if such discontinuance or disposal is, in the judgment of the Governing Body Board of the Company Directors or of the Governing Body board of directors of any Subsidiary of the Company concerned, or of an officer (or other agent employed by the Company or of any of its Subsidiaries) of the Company or any of its Subsidiaries having managerial responsibility for any such property, desirable in the conduct of the business of the Company or any Subsidiary of the Company, and if such discontinuance or disposal is not adverse in any material respect to the Holders.

Appears in 1 contract

Samples: Indenture (Oxford Health Plans Inc)

Maintenance of Properties and Insurance. (a) The Company shall cause all material properties Properties owned by or leased by it or any of its Restricted Subsidiaries used or useful to the conduct of the Company’s 's business or the business of any of its Restricted Subsidiaries to be maintained and kept in normal condition, repair and working order and supplied with all necessary equipment and shall cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in its judgment may be necessary, so that the business carried on in connection therewith may be properly and advantageously conducted at all timesnecessary to actively conduct its business; provided, however, that nothing in this Section 4.15 4.09 shall prevent the Company or any of its Restricted Subsidiaries from discontinuing the use, operation or maintenance of any of such properties, or disposing of any of them, if such discontinuance or disposal is, in the judgment of the Governing Body Board of Directors of the Company or of the Governing Body Board of Directors of any Restricted Subsidiary of the Company concerned, or of an officer (or other agent employed by the Company or of any of its Restricted Subsidiaries) of the Company or any of its Restricted Subsidiaries having managerial responsibility for any such propertyProperty, desirable in the conduct of the business of the Company or any Restricted Subsidiary of the Company, and if such discontinuance or disposal is not adverse in any material respect to the Holders.

Appears in 1 contract

Samples: Mariner Health Care Inc

Maintenance of Properties and Insurance. (a) The Company shall cause all material properties owned by or leased by it or any of its Subsidiaries used or useful and necessary to the conduct of the Company’s its business or the business of any of its Subsidiaries to be improved or maintained and kept in normal condition, repair and working order and supplied with all necessary equipment and shall cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in its judgment may be necessary, so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that nothing in this Section 4.15 9.6 shall prevent the Company or any of its Subsidiaries from discontinuing the use, operation or maintenance of any of such properties, or disposing of any of them, if such discontinuance or disposal is, in the judgment of the Governing Body Board of the Company Directors or of the Governing Body board of directors of any Subsidiary of the Company concerned, or of an officer (or other agent employed by the Company or of any of its Subsidiaries) of the Company or any of its Subsidiaries having managerial responsibility for any such property, desirable in the conduct of the business of the Company or any Subsidiary of the Company, and if such discontinuance or disposal is not adverse in any material respect to the HoldersHolders of the Notes.

Appears in 1 contract

Samples: Note Purchase Agreement (Aearo Corp)

Maintenance of Properties and Insurance. (a) The Company shall cause all material properties owned by or leased by to it or any Subsidiary of its Subsidiaries the Company and used or useful to in the conduct of the Company’s its business or the business of any Subsidiary of its Subsidiaries the Company to be maintained and kept in normal condition, repair and working order and supplied with all necessary equipment and shall cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in its the judgment of the Company may be necessary, so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that nothing in this Section 4.15 4.10 shall prevent the Company or any Subsidiary of its Subsidiaries the Company from discontinuing the use, operation or maintenance of any of such properties, or disposing of any of them, if such discontinuance or disposal is, in the judgment of the Governing Body Board of the Company Directors or of the Governing Body board of any directors of the Subsidiary of the Company concerned, or of an officer (or other agent employed by the Company or of any Subsidiary of its Subsidiariesthe Company) of the Company or any such Subsidiary of its Subsidiaries the Company having managerial responsibility for any such property, desirable in the conduct of the business of the Company or any Subsidiary of the Company, and if such discontinuance or disposal is not adverse in any material respect to the Holders.

Appears in 1 contract

Samples: Airxcel Inc

Maintenance of Properties and Insurance. (a) The Company shall cause all material properties Properties owned by or leased by it or any of its Subsidiaries used or useful to the conduct of the Company’s 's business or the business of any of its Subsidiaries to be maintained and kept in normal condition, repair and working order and supplied with all necessary equipment equip- ment and shall cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in its judgment may be necessary, so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that nothing in this Section 4.15 4.09 shall prevent the Company or any of its Subsidiaries from discontinuing the use, operation or maintenance of any of such properties, or disposing of any of them, if such discontinuance or disposal is, in the judgment of the Governing Body Board of Directors of the Company or of the Governing Body Board of Directors of any Subsidiary of the Company concerned, or of an officer (or other agent employed by the Company or of any of its Subsidiaries) of the Company or any of its Subsidiaries having managerial responsibility for any such propertyProperty, desirable in the conduct of the business of the Company or any Subsidiary of the Company, and if such discontinuance or disposal is not adverse in any material respect to the Holders.

Appears in 1 contract

Samples: Supplemental Indenture (TNP Enterprises Inc)

Maintenance of Properties and Insurance. (a) The Company shall cause all material properties Properties owned by or leased by it or any of its Subsidiaries used or useful to the conduct of the Company’s 's business or the business of any of its Subsidiaries to be maintained and kept in normal condition, repair and working order and supplied with all necessary equipment and shall cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in its judgment may be necessary, so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that nothing in this Section 4.15 4.09 shall prevent the Company or any of its Subsidiaries from discontinuing the use, operation or maintenance of any of such properties, or disposing of any of them, if such discontinuance or disposal is, in the judgment of the Governing Body Board of Directors of the Company or of the Governing Body Board of Directors of any Subsidiary of the Company concerned, or of an officer (or other agent employed by the Company or of any of its Subsidiaries) of the Company or any of its Subsidiaries having managerial responsibility for any such propertyProperty, desirable in the conduct of the business of the Company or any Subsidiary of the Company, and if such discontinuance or disposal is not adverse in any material respect to the Holders.

Appears in 1 contract

Samples: Brickman Group LTD

Maintenance of Properties and Insurance. (a) The Company shall cause all material properties owned by or leased by it or any of its Subsidiaries used or useful and necessary to the conduct of the Company’s its business or the business of any of its Subsidiaries to be improved or maintained and kept in normal condition, repair and working order and supplied with all necessary equipment and shall cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in its judgment may be necessary, so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that nothing in this Section 4.15 4.7 shall prevent the Company or any of its Subsidiaries from discontinuing the use, operation or maintenance of any of such 50 50 properties, or disposing of any of them, if such discontinuance or disposal is, in the judgment of the Governing Body Board of the Company Directors or of the Governing Body board of directors of any Subsidiary of the Company concerned, or of an officer (or other agent employed by the Company or of any of its Subsidiaries) of the Company or any of its Subsidiaries having managerial responsibility for any such property, desirable in the conduct of the business of the Company or any Subsidiary of the Company, and if such discontinuance or disposal is not adverse in any material respect to the Holders.

Appears in 1 contract

Samples: Indenture (Versatel Telecom International N V)

Maintenance of Properties and Insurance. (a) The Subject to Article V, the Company shall cause all material properties owned by or leased by to it or any of its Subsidiaries Restricted Subsidiary and used or useful to in the conduct of the Company’s its business or the business of any of its Subsidiaries Restricted Subsidiary to be maintained and kept in normal condition, repair and working order and supplied with all necessary equipment and shall cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in its the judgment of the Company may be necessary, so that the business carried on in connection therewith may be properly and advantageously conducted at all times; , provided, however, that nothing in this Section 4.15 4.24 shall prevent the Company or any of its Subsidiaries Restricted Subsidiary from discontinuing the use, operation or maintenance of any of such properties, or disposing of any of them, if such discontinuance or disposal is, in the judgment of the Governing Body Board of Directors of the Company or of the Governing Body of any Restricted Subsidiary of the Company concerned, or of an officer Officer (or other agent employed by the Company or of any of its SubsidiariesRestricted Subsidiary) of the Company or any of its Subsidiaries such Restricted Subsidiary having managerial responsibility for any such property, desirable in the conduct of the business of the Company or any Restricted Subsidiary as, in the judgment of the Company, and if such discontinuance or disposal is not adverse in any material respect to the Holdersmay be necessary.

Appears in 1 contract

Samples: Collateral Agreement (Harvard Industries Inc)

Maintenance of Properties and Insurance. (a) The Company shall cause all material properties owned by or leased by it or any of its Subsidiaries used or useful to the conduct of the Company’s its business or the business of any of its Subsidiaries to be improved or maintained and kept in normal condition, repair and working order and supplied with all necessary equipment and shall cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in its judgment may be necessary, so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that -------- ------- nothing in this Section 4.15 4.07 shall prevent the Company or any of its Subsidiaries from discontinuing the use, operation or maintenance of any of such properties, or disposing of any of them, if such discontinuance or disposal is, in the judgment of the Governing Body Board of the Company Directors or of the Governing Body board of directors of any Subsidiary of the Company concerned, or of an officer (or other agent employed by the Company or of any of its Subsidiaries) of the Company or any of its Subsidiaries having managerial responsibility for any such property, desirable in the conduct of the business of the Company or any Subsidiary of the Company, and if such discontinuance or disposal is not adverse in any material respect to the Holders.

Appears in 1 contract

Samples: Sheffield Steel Corp

Maintenance of Properties and Insurance. (a) The Company shall cause all material properties owned by or leased by it or any of its Subsidiaries used or useful to the conduct of the Company’s its business or the business of any of its Subsidiaries to be improved or maintained and kept in normal condition, repair and working order and supplied with all necessary equipment and shall cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in its judgment may be necessary, so s o that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that -------- ------- nothing in this Section 4.15 4.07 shall prevent the Company or any of its Subsidiaries from discontinuing the use, operation or maintenance of any of such properties, or disposing of any of them, if such discontinuance or disposal is, in the judgment of the Governing Body Board of the Company Directors or of the Governing Body board of directors of any Subsidiary of the Company concerned, or of an officer (or other agent -41- employed by the Company or of any of its Subsidiaries) of the Company or any of its Subsidiaries having managerial responsibility for any such property, desirable in the conduct of the business of the Company or any Subsidiary of the Company, and if such discontinuance or disposal is not adverse in any material respect to the Holders.

Appears in 1 contract

Samples: Call Points Inc

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