Common use of Maintenance of Properties and Insurance Clause in Contracts

Maintenance of Properties and Insurance. The Company will cause all properties used or useful in the conduct of its business or the business of any Restricted Subsidiary and material to the Company and its Restricted Subsidiaries taken as a whole, to be maintained and kept in good condition, repair and working order and supplied with all necessary equipment and will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in 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 that nothing in this Section 4.15 shall prevent the Company or any such 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 Company or of such Restricted Subsidiary having managerial responsibility for any such property, desirable in the conduct of the business of the Company or such Restricted Subsidiary. The Company will provide or cause to be provided, for itself and its Restricted Subsidiaries, insurance (including appropriate self-insurance) against loss or damage of the kinds customarily insured against by corporations similarly situated and owning like properties, with reputable insurers or with the government of the United States of America, or an agency or instrumentality thereof, in such amounts, with such deductibles and by such methods as the Company in good faith shall determine to be reasonable and appropriate in the circumstances.

Appears in 4 contracts

Samples: Indenture (Amtran Inc), Indenture (Amtran Inc), American Trans Air Execujet Inc

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Maintenance of Properties and Insurance. The Parent Company will and the Company shall cause all properties used or useful in the conduct of its their business or the business of any Restricted Subsidiary and material to of the Company and its Restricted Subsidiaries taken as a whole, to be maintained and kept in good condition, repair and working order and supplied with all necessary equipment and will shall cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Parent Company and the Company may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided that nothing in this Section 4.15 shall prevent the Parent Company, the Company or any such 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 Parent Company, the Company or of such Restricted Subsidiary having managerial responsibility for any such property, desirable in the conduct of the business of the Parent Company, the Company or such Restricted Subsidiary. The Parent Company will and the Company shall provide or cause to be provided, for itself themselves and its the Restricted Subsidiaries, insurance (including appropriate self-insurance) against loss or damage of the kinds customarily insured against by corporations similarly situated and owning like properties, properties with reputable insurers or with the government of the United States of America, or an agency or instrumentality thereof, in such amounts, with such deductibles and by such methods as the Parent Company and the Company in good faith shall determine to be reasonable and appropriate in the circumstances.

Appears in 4 contracts

Samples: Indenture (Tw Telecom Inc.), Indenture (Tw Telecom Inc.), Indenture (Tw Telecom Inc.)

Maintenance of Properties and Insurance. The Company will cause all properties used or useful in the conduct of its business or the business of any Restricted Subsidiary and material to the Company and of its Restricted Subsidiaries taken as a wholeSubsidiaries, to be maintained and kept in good condition, repair and working order (ordinary wear and tear excepted) and supplied with all necessary equipment and will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in 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 PROVIDED that nothing in this Section 4.15 shall prevent the Company or any such 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 Company or of such Restricted Subsidiary having managerial responsibility for any such propertyCompany, desirable in the conduct of the business of the Company or such Restricted Subsidiary. The Company will provide or cause to be provided, for itself and its Restricted Subsidiaries, insurance (including appropriate self-insurance) against loss or damage of the kinds customarily insured against by corporations similarly situated and owning like properties, with reputable insurers or with the government of the United States of America, or an agency or instrumentality thereof, in such amounts, with such deductibles and by such methods as shall be customary for corporations similarly situated in the industry in which the Company in good faith shall determine to be reasonable and appropriate in or such Restricted Subsidiary, as the circumstancescase may be, is then conducting business.

Appears in 3 contracts

Samples: Viatel Inc, Viatel Inc, Viatel Inc

Maintenance of Properties and Insurance. The Company will cause all properties used or useful in the conduct of its business or the business of any of its Restricted Subsidiary and Subsidiaries material to the Company and its Restricted Subsidiaries taken as a whole, whole to be maintained and kept in good normal condition, repair and working order and supplied with all necessary equipment and will cause to be made all necessary repairs, renewals, replacements, betterments renewals and improvements replacements thereof, all as in 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 PROVIDED that nothing in this Section SECTION 4.15 shall prevent the Company or any such 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 Company or of such Restricted Subsidiary having managerial responsibility for any such propertyCompany, desirable in the conduct of the business of the Company or such Restricted Subsidiary. The Company will provide or cause to be provided, for itself and its Restricted Subsidiaries, insurance (including appropriate self-insurance) against loss or damage of the kinds customarily insured against by corporations similarly situated and owning like properties, including, but not limited to, products liability insurance and public liability insurance, with reputable insurers or with the government of the United States of America, or an agency or instrumentality thereof, in such amounts, with such deductibles and by such methods as shall be customary for corporations similarly situated in the industry in which the Company in good faith shall determine to be reasonable and appropriate in or any such Restricted Subsidiary, as the circumstancescase may be, is then conducting business.

Appears in 3 contracts

Samples: Registration Rights Agreement (Stone Container Finance CO of Canada II), Registration Rights Agreement (Jsce Inc), Stone Container Corp

Maintenance of Properties and Insurance. The Company will shall cause all material properties owned by or leased to it or any of its Subsidiaries and used or useful in the conduct of its business or the business of any Restricted such Subsidiary and material to the Company and its Restricted Subsidiaries taken as a whole, to be maintained and kept in good normal condition, repair and working order and supplied with all necessary equipment and will shall cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in 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 provided, however, that nothing in this Section 4.15 4.17 shall prevent the Company or any such Restricted Subsidiary of its Subsidiaries from discontinuing the use, operation or maintenance of any of such properties or disposing of any of themproperties, if such discontinuance or disposal is, in the judgment of the Company or of such Restricted Subsidiary having managerial responsibility for any such property, is desirable in the conduct of its business or the business of the Company or such Restricted Subsidiary. Subsidiary The Company will shall provide or cause to be provided, for itself and any of its Restricted Subsidiaries, insurance (including appropriate self-insurance) against loss or damage of the kinds customarily insured against by corporations similarly situated and owning like properties, including, but not limited to, public liability insurance, with reputable insurers or with the government of the United States of America, or an agency or instrumentality thereof, in such amounts, amounts with such deductibles and by such methods as the Company in good faith shall determine to be reasonable and appropriate customary for corporations similarly situated in the circumstancesindustry.

Appears in 2 contracts

Samples: Nortek Inc, Nortek Inc

Maintenance of Properties and Insurance. The Company will shall, and shall cause its Subsidiaries to, cause all properties used or useful in the conduct of its business or the business of any Restricted Subsidiary and material to the Company and its Restricted Subsidiaries taken as a whole, their respective businesses to be maintained and kept in good condition, repair and working order (ordinary wear and tear excepted) and supplied with all necessary equipment and will shall cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Company or such Subsidiary may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided that nothing in this Section 4.15 4.12 shall prevent the Company or any such 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 Company or of such Restricted Subsidiary having managerial responsibility for any such propertySubsidiary, desirable in the conduct of the business of the Company or such Restricted Subsidiaryits business. The Company will agrees it shall provide or cause to be provided, for itself and its Restricted the Subsidiaries, insurance (including appropriate self-insurance) against loss or damage of the kinds customarily insured against by corporations similarly situated and owning like properties, properties with financially-sound and reputable insurers or with the government of the United States of America, or an agency or instrumentality thereof, in such amounts, with such deductibles and by such methods as the Company in good faith shall determine to be reasonable adequate and appropriate in the circumstances.

Appears in 2 contracts

Samples: webfiles.thecse.com, sedar-filings-backup.thecse.com

Maintenance of Properties and Insurance. The Company will Xxxx XX shall --------------------------------------- cause all material properties owned by or leased to it or any of its Subsidiaries and used or useful in the conduct of its business or the business of any Restricted such Subsidiary and material to the Company and its Restricted Subsidiaries taken as a whole, to be maintained and kept in good normal condition, repair and working order and supplied with all necessary equipment and will shall cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Company Xxxx XX may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided provided, however, that nothing in this Section 4.15 4.14 shall prevent the Company Xxxx XX or any such Restricted Subsidiary thereof from discontinuing the use, operation or maintenance of any of such properties or disposing of any of themproperties, if such discontinuance or disposal is, in the judgment of the Company or of such Restricted Subsidiary having managerial responsibility for any such property, is desirable in the conduct of its business or the business of the Company or such Restricted Subsidiary. The Company will Xxxx XX shall provide or cause to be provided, for itself and any of its Restricted Subsidiaries, insurance (including appropriate self-insurance) against loss or damage of the kinds customarily insured against by corporations similarly situated and owning like properties, including, but not limited to, public liability insurance, with reputable insurers or with the government of the United States of America, or an agency or instrumentality thereof, in such amounts, amounts with such deductibles and by such methods as the Company in good faith shall determine to be reasonable and appropriate customary for corporations similarly situated in the circumstancesindustry.

Appears in 2 contracts

Samples: Mark Iv Industries Inc, Mark Iv Industries Inc

Maintenance of Properties and Insurance. The Company will cause all properties used or useful in the conduct of its business or the business of any Restricted Subsidiary and material to the Company and its Restricted Subsidiaries taken as a whole, to be maintained and kept in good condition, repair and working order and supplied with all necessary equipment and will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in 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 PROVIDED that nothing in this Section 4.15 shall prevent the Company or any such 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 Company Board of Directors or the board of directors of such Restricted Subsidiary having managerial responsibility for any such property, desirable in the conduct of the business of the Company or such Restricted Subsidiary. The Company will provide or cause to be provided, for itself and its Restricted Subsidiaries, insurance (including appropriate self-insurance) against loss or damage of the kinds customarily insured against by corporations similarly situated and owning like properties, with reputable insurers or with the government of the United States of America, or an agency or instrumentality thereof, in such amounts, with such deductibles and by such methods as the Company in good faith shall determine to be reasonable and appropriate in the circumstances.

Appears in 2 contracts

Samples: Indenture (Econophone Inc), Indenture (Econophone Inc)

Maintenance of Properties and Insurance. The Company Issuer will cause all properties used or useful in the conduct of its business or the business of any of its Restricted Subsidiary and Subsidiaries material to the Company Issuer and its Restricted Subsidiaries taken as a whole, whole to be maintained and kept in good normal condition, repair and working order and supplied with all necessary equipment and will cause to be made all necessary repairs, renewals, replacements, betterments renewals and improvements replacements thereof, all as in the judgment of the Company Issuer may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided that nothing in this Section 4.15 shall prevent the Company Issuer or any such 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 Company or of such Restricted Subsidiary having managerial responsibility for any such propertyIssuer, desirable in the conduct of the business of the Company Issuer or such Restricted Subsidiary. The Company Issuer will provide or cause to be provided, for itself and its Restricted Subsidiaries, insurance (including appropriate self-insurance) against loss or damage of the kinds customarily insured against by corporations similarly situated and owning like properties, including, but not limited to, products liability insurance and public liability insurance, with reputable insurers or with the government of the United States of America, or an agency or instrumentality thereof, in such amounts, with such deductibles and by such methods as the Company in good faith shall determine to be reasonable and appropriate customary for corporations similarly situated in the circumstancesindustry in which the Issuer or any such Restricted Subsidiary, as the case may be, is then conducting business.

Appears in 1 contract

Samples: Smurfit-Stone Container Enterprises Inc

Maintenance of Properties and Insurance. The Company will cause all properties used or useful in the conduct of its business or the business of any Restricted Subsidiary and material to the Company and its Restricted Subsidiaries taken as a whole, to be maintained and kept in good working condition, repair and working order and supplied with all necessary equipment and will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in 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 that nothing in this Section 4.15 4.16 shall prevent the Company or any such 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 Company Board of Directors or the board of directors of such Restricted Subsidiary having managerial responsibility for any such property, desirable in the conduct of the business of the Company or such Restricted Subsidiary. 52 46 The Company will provide or cause to be provided, for itself and its Restricted Subsidiaries, insurance (including appropriate self-insurance) against loss or damage of the kinds customarily insured against by corporations similarly situated and owning like properties, including, but not limited to, products liability insurance and public liability insurance, with reputable insurers or with the government of the United States of America, or an agency or instrumentality thereof, in such amounts, with such deductibles and by such methods as the Company in good faith shall determine to be reasonable and appropriate in the circumstances.

Appears in 1 contract

Samples: Central European Media Enterprises LTD

Maintenance of Properties and Insurance. The Company will cause all properties used or useful in the conduct of its business or the business of any Restricted Subsidiary and material to the Company and its Restricted Subsidiaries taken as a whole, to be maintained and kept in good condition, repair and working order and supplied with all necessary equipment and will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in 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 that nothing in this Section 4.15 shall prevent the Company or any such 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 Company Board of Directors or the board of directors of such Restricted Subsidiary having managerial responsibility for any such property, desirable in the conduct of the business of the Company or such Restricted Subsidiary. The Company will provide or cause to be provided, for itself and its Restricted Subsidiaries, insurance (including appropriate self-insurance) against loss or damage of the kinds customarily insured against by corporations similarly situated and owning like properties, including, but not limited to, products liability insurance and public liability insurance, with reputable insurers or with the government of the United States of America, or an agency or instrumentality thereof, in such amounts, with such deductibles and by such methods as the Company in good faith shall determine to be reasonable and appropriate in the circumstances.

Appears in 1 contract

Samples: Central European Media Enterprises LTD

Maintenance of Properties and Insurance. The Company will shall cause all material properties owned by or leased to it or any subsidiary of the Company and used or useful in the conduct of its business or the business of any Restricted Subsidiary and material to the Company and its Restricted Subsidiaries taken as a whole, such subsidiary to be maintained and kept in good normal condition, repair and working order and supplied with all necessary equipment and will shall cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in 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 that nothing in this Section 4.15 shall prevent the Company or any such Restricted Subsidiary subsidiary of the Company from discontinuing the use, operation or maintenance of any of such properties properties, or disposing of any of them, if such discontinuance or disposal is, in the judgment of the Board of Directors of the Company or the subsidiary concerned, or of any officer (or other agent employed by the Company or any subsidiary of the Company) of the Company or such Restricted Subsidiary 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 Restricted Subsidiarydiscontinuance or disposal is not adverse in any material respect to the Holders. The Company will shall provide or cause to be provided, for itself and its Restricted Subsidiariesany subsidiaries of the Company, insurance (including appropriate self-self insurance) against loss or damage of the kinds customarily insured against by customary for corporations similarly situated and owning like properties, including, but not limited to, public liability insurance, with reputable insurers or with the government of the United States of America, America or an agency or instrumentality thereof, in such amounts, amounts with such deductibles and by such methods as the Company in good faith shall determine to be reasonable and appropriate customary for corporations similarly situated in the circumstancesindustry.

Appears in 1 contract

Samples: Execution (Lear Corp /De/)

Maintenance of Properties and Insurance. The Company --------------------------------------- will cause all properties used or useful in the conduct of its business or the business of any Restricted Subsidiary and material to the Company and of its Restricted Subsidiaries taken as a wholeSubsidiaries, to be maintained and kept in good condition, repair and working order (ordinary wear and tear excepted) and supplied with all necessary equipment and will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in 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 that nothing in this Section 4.15 4.14 shall prevent the Company or any such 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 Company or of such Restricted Subsidiary having managerial responsibility for any such propertyCompany, desirable in the conduct of the business of the Company or such Restricted Subsidiary. The Company will provide or cause to be provided, for itself and its Restricted Subsidiaries, insurance (including appropriate self-insurance) against loss or damage of the kinds customarily insured against by corporations similarly situated and owning like properties, including, but not limited to, products liability insurance and public liability insurance, with reputable insurers or with the government of the United States of America, or an agency or instrumentality thereof, in such amounts, with such deductibles and by such methods as shall be customary for corporations similarly situated in the industry in which the Company in good faith shall determine to be reasonable and appropriate in or such Restricted Subsidiary, as the circumstancescase may be, is then conducting business.

Appears in 1 contract

Samples: Silgan Holdings Inc

Maintenance of Properties and Insurance. The Company will cause all properties used or useful in the conduct of its business or the business of any Restricted Subsidiary and material to the Company and of its Restricted Subsidiaries taken as a wholeSubsidiaries, to be maintained and kept in good condition, repair and working order (ordinary wear and tear excepted) and supplied with all necessary equipment and will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in 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 that nothing in this Section 4.15 4.14 shall prevent the Company or any such 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 Company or of such Restricted Subsidiary having managerial responsibility for any such propertyCompany, desirable in the conduct of the business of the Company or such Restricted Subsidiary. The Company will provide or cause to be provided, for itself and its Restricted Subsidiaries, insurance (including appropriate self-insurance) against loss or damage of the kinds customarily insured against by corporations similarly situated and owning like properties, including, but not limited to, products liability insurance and public liability insurance, with reputable insurers or with the government of the United States of America, or an agency or instrumentality thereof, in such amounts, with such deductibles and by such methods as shall be customary for corporations similarly situated in the industry in which the Company in good faith shall determine to be reasonable and appropriate in or such Restricted Subsidiary, as the circumstancescase may be, is then conducting business.

Appears in 1 contract

Samples: Indenture (Silgan Holdings Inc)

Maintenance of Properties and Insurance. The Company will --------------------------------------- cause all properties used or useful in the conduct of its business or the business of any Restricted Subsidiary and material to the Company and of its Restricted Subsidiaries taken as a whole, to be maintained and kept in good conditioncondition (ordinary wear and tear excepted), repair and working order and supplied with all necessary equipment and will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in 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 that nothing in this Section 4.15 4.13 shall prevent the Company or any such 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 Company or of such Restricted Subsidiary having managerial responsibility for any such propertyCompany, desirable in the conduct of the business of the Company or such Restricted Subsidiary. The Company will provide or cause to be provided, for itself and its Restricted Subsidiaries, insurance (including appropriate self-insurance) against loss or damage of the kinds customarily insured against by corporations similarly situated and owning like properties, including, but not limited to, products liability insurance and public liability insurance, with reputable insurers or with the government of the United States of America, or an agency or instrumentality thereof, in such amounts, with such deductibles and by such methods as shall be customary for corporations similarly situated in the industry in which the Company in good faith shall determine to be reasonable and appropriate in or any such Restricted Subsidiary, as the circumstancescase may be, is then conducting business.

Appears in 1 contract

Samples: TVN Entertainment Corp

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Maintenance of Properties and Insurance. The Company will cause all properties used or useful in the conduct of its business or the business of any Restricted Subsidiary of the Company and material to the Company and its Restricted Subsidiaries taken as a whole, whole to be maintained and kept in good normal condition, repair and working order and supplied with all necessary equipment and will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Company may be necessary necessary, so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided that nothing in this Section 4.15 3.13 shall prevent the Company or any such Restricted Subsidiary of 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 an officer (or other agent employed by the Company or any Subsidiary of the Company) of the Company or such Restricted Subsidiary of the Company having managerial responsibility for any such property, desirable in the conduct of the business of the Company or such Restricted SubsidiarySubsidiary of the Company. The Company will provide or cause to be provided, for itself and its Restricted Subsidiaries, insurance (including appropriate self-insurance) against loss or damage of the kinds customarily insured against by corporations similarly situated and owning like properties, including, but not limited to, products liability insurance and public liability insurance with reputable insurers or with the government of the United States of America, or an agency or instrumentality thereof, in such amounts, with such deductibles and by such methods as the Company in good faith shall determine to be reasonable and appropriate customary for corporations similarly situated in the circumstancesindustry.

Appears in 1 contract

Samples: Supplemental Indenture (Fort Howard Corp)

Maintenance of Properties and Insurance. The Company will agrees that it shall cause all properties used or useful in the conduct of its business or the business of any Restricted Subsidiary and material to of the Company and its Restricted Subsidiaries taken as a whole, to be maintained and kept in good condition, repair and working order (ordinary wear and tear excepted) and supplied with all necessary equipment and will shall cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in 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 that nothing in this Section 4.15 4.14 shall prevent the Company or any such 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 Company or of such Restricted Subsidiary having managerial responsibility for any such property, desirable in the conduct of the business of the Company or such Restricted Subsidiary. The Company will agrees it shall provide or cause to be provided, for itself and its the Restricted Subsidiaries, insurance (including appropriate self-insurance) against loss or damage of the kinds customarily insured against by corporations similarly situated and owning like properties, properties with reputable insurers or with the government of the United States of America, or an agency or instrumentality thereof, in such amounts, with such deductibles and by such methods as the Company in good faith shall determine to be reasonable and appropriate in the circumstances.

Appears in 1 contract

Samples: Indenture (Earthlink Inc)

Maintenance of Properties and Insurance. The Company will shall cause all properties used or useful in the conduct of its business or the business of any Restricted Subsidiary and material to the Company and its Restricted Subsidiaries taken as a whole, to be maintained and kept in good condition, repair and working order and supplied with all necessary equipment and will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in 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 that nothing in this Section 4.15 4.19 shall prevent the Company or any such 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 Company Board of Directors or the board of directors of such Restricted Subsidiary having managerial responsibility for any such property, desirable in the conduct of the business of the Company or such Restricted Subsidiary. The Without limiting or increasing the Company's obligations pursuant to Section 4.12 hereof, the Company will shall provide or cause to be provided, for itself and its Restricted Subsidiaries, insurance (including appropriate self-self- insurance) against loss or damage of the kinds customarily insured against by corporations similarly situated and owning like properties, including, but not limited to, products liability insurance and public liability insurance, with reputable insurers or with the government of the United States of America, or an agency or instrumentality thereof, in such amounts, with such deductibles and by such methods as the Company in good faith shall determine to be reasonable and appropriate in the circumstances.

Appears in 1 contract

Samples: Indenture (Kitty Hawk Inc)

Maintenance of Properties and Insurance. The Company will cause all properties used or useful in the conduct of its business or the business of any Restricted Subsidiary of the Company and material to the Company and its Restricted Subsidiaries taken as a whole, whole to be maintained and kept in good normal condition, repair and working order and supplied with all necessary equipment and will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Company may be necessary necessary, so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided that nothing in this Section 4.15 3.13 shall prevent the Company or any such Restricted Subsidiary of 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 an Officer (or other agent employed by the Company or any Subsidiary of the Company) of the Company or such Restricted Subsidiary of the Company having managerial responsibility for any such property, desirable in the conduct of the business of the Company or such Restricted SubsidiarySubsidiary of the Company. The Company will provide or cause to be provided, for itself and its Restricted Subsidiaries, insurance (including appropriate self-insurance) against loss or damage of the kinds customarily insured against by corporations similarly situated and owning like properties, including, but not limited to, products liability insurance and public liability insurance with reputable insurers or with the government of the United States of America, or an agency or instrumentality thereof, in such amounts, with such deductibles and by such methods as the Company in good faith shall determine to be reasonable and appropriate customary for corporations similarly situated in the circumstancesindustry.

Appears in 1 contract

Samples: Supplemental Indenture (Fort Howard Corp)

Maintenance of Properties and Insurance. The Company will cause all properties used or useful in the conduct of its business or the business of any Restricted Subsidiary and material to the Company and its Restricted Subsidiaries taken as a whole, to be maintained and kept in good condition, repair and working order and supplied with all necessary equipment and will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in 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 that nothing in this Section 4.15 4.16 shall prevent the Company or any such 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 EXHIBIT 4.17 the Company Board of Directors or the board of directors of such Restricted Subsidiary having managerial responsibility for any such property, desirable in the conduct of the business of the Company or such Restricted Subsidiary. The Company will provide or cause to be provided, for itself and its Restricted Subsidiaries, insurance (including appropriate self-insurance) against loss or damage of the kinds customarily insured against by corporations similarly situated and owning like properties, including, but not limited to, products liability insurance and public liability insurance, with reputable insurers or with the government of the United States of America, or an agency or instrumentality thereof, in such amounts, with such deductibles and by such methods as the Company in good faith shall determine to be reasonable and appropriate in the circumstances.

Appears in 1 contract

Samples: Acme Metals Inc /De/

Maintenance of Properties and Insurance. The Company will cause all material properties used or useful in the conduct of its business or the business of any Restricted Subsidiary and material to the Company and of its Restricted Subsidiaries taken as a wholeSubsidiaries, to be maintained and kept in good condition, repair and working order (ordinary wear and tear excepted) and supplied with all necessary equipment and will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in 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 that nothing in this Section 4.15 4.17 shall prevent the Company or any such 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 Company or of such Restricted Subsidiary having managerial responsibility for any such propertyCompany, desirable in the conduct of the business of the Company or such Restricted Subsidiary. The Company will provide or cause to be provided, for itself and its Restricted Subsidiaries, insurance (including appropriate self-insurance) against loss or damage of the kinds customarily insured against by corporations similarly situated and owning like properties, including, but not limited to, products liability insurance and public liability insurance, with reputable insurers or with the government of the United States of America, or an agency or instrumentality thereof, in such amounts, with such deductibles and by such methods as shall be customary for corporations similarly situated in the industry in which the Company in good faith shall determine to be reasonable and appropriate in or such Restricted Subsidiary, as the circumstancescase may be, is then conducting business.

Appears in 1 contract

Samples: Triarc Companies Inc

Maintenance of Properties and Insurance. The Company will cause all properties used or useful in the conduct of its business or the business of any Restricted Subsidiary and material to the Company and its Restricted Subsidiaries taken as a whole, to be maintained and kept in good condition, repair and working order and supplied with all necessary equipment and will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in 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 that nothing in this Section 4.15 shall prevent the Company or any such 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 Company Board of Directors or the board of directors of such Restricted Subsidiary having managerial responsibility for any such property, desirable in the conduct of the business of the Company or such Restricted Subsidiary. The Company will provide or cause to be provided, for itself and its Restricted Subsidiaries, insurance (including appropriate self-insurance) against loss or damage of the kinds customarily insured against by corporations similarly situated and owning like properties, with reputable insurers or with the government of the United States of America, or an agency or instrumentality thereof, in such amounts, with such deductibles and by such methods as the Company in good faith shall determine to be reasonable and appropriate in the circumstances.

Appears in 1 contract

Samples: Econophone Inc

Maintenance of Properties and Insurance. The Company will cause all properties used or useful in the conduct of its business or the business of any of its Restricted Subsidiary and Subsidiaries material to the Company and its Restricted Subsidiaries taken as a whole, whole to be maintained and kept in good normal condition, repair and working order and supplied with all necessary equipment and will cause to be made all necessary repairs, renewals, replacements, betterments renewals and improvements replacements thereof, all as in 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 PROVIDED 57 that nothing in this Section SECTION 4.15 shall prevent the Company or any such 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 Company or of such Restricted Subsidiary having managerial responsibility for any such propertyCompany, desirable in the conduct of the business of the Company or such Restricted Subsidiary. The Company will provide or cause to be provided, for itself and its Restricted Subsidiaries, insurance (including appropriate self-insurance) against loss or damage of the kinds customarily insured against by corporations similarly situated and owning like properties, including, but not limited to, products liability insurance and public liability insurance, with reputable insurers or with the government of the United States of America, or an agency or instrumentality thereof, in such amounts, with such deductibles and by such methods as shall be customary for corporations similarly situated in the industry in which the Company in good faith shall determine to be reasonable and appropriate in or any such Restricted Subsidiary, as the circumstancescase may be, is then conducting business.

Appears in 1 contract

Samples: Registration Rights Agreement (Stone Container Corp)

Maintenance of Properties and Insurance. The Company will agrees that it shall cause all properties used or useful in the conduct of its business or the business of any Restricted Subsidiary and material to of the Company and its Restricted Subsidiaries taken as a whole, to be maintained and kept in good condition, repair and working order (ordinary wear and tear excepted) and supplied with all necessary equipment and will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in 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 that nothing in this Section 4.15 4.14 shall prevent the Company or any such 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 Company or of such Restricted Subsidiary having managerial responsibility for any such property, desirable in the conduct of the business of the Company or such Restricted Subsidiary. The Company will agrees it shall provide or cause to be provided, for itself and its the Restricted Subsidiaries, insurance (including appropriate self-insurance) against loss or damage of the kinds customarily insured against by corporations similarly situated and owning like properties, properties with reputable insurers or with the government of the United States of America, or an agency or instrumentality thereof, in such amounts, with such deductibles and by such methods as the Company in good faith shall determine to be reasonable and appropriate in the circumstances.

Appears in 1 contract

Samples: Indenture (Earthlink Inc)

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