Common use of Maintenance of Properties Clause in Contracts

Maintenance of Properties. Except if the failure to do so could not reasonably be expected to have a Material Adverse Effect, (a) maintain, preserve and protect all of its material properties and equipment necessary in the operation of its business in good working order, repair and condition, ordinary wear and tear excepted and casualty or condemnation excepted, and (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions and additions thereof or thereto in accordance with prudent industry practice.

Appears in 71 contracts

Samples: Credit Agreement (Erie Shores Emergency Physicians, Inc.), Credit Agreement (Travelport LTD), Security Agreement (Performance Food Group Co)

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Maintenance of Properties. Except if the failure to do so could not not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect, (a) maintain, preserve and protect all of its material properties and equipment necessary in the operation of its business in good working order, repair and condition, ordinary wear and tear excepted and casualty or condemnation excepted, and (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions and additions thereof or thereto in accordance with prudent industry practice.

Appears in 46 contracts

Samples: Credit Agreement (Paycor Hcm, Inc.), Holdings Credit Agreement (SMART Technologies Inc.), Term Loan Credit Agreement (RumbleOn, Inc.)

Maintenance of Properties. Except if the failure to do so could would not reasonably be expected to have have, individually or in the aggregate, a Material Adverse Effect, (a) maintain, preserve and protect all of its material properties and equipment necessary used in the operation of its business in good working order, repair and condition, ordinary wear and tear excepted and casualty or condemnation excepted, and (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions and additions thereof or thereto in accordance with prudent industry practice.

Appears in 41 contracts

Samples: Credit Agreement (J Crew Group Inc), First Lien Credit Agreement (Advantage Solutions Inc.), Credit Agreement (ARC Group Worldwide, Inc.)

Maintenance of Properties. Except if the failure to do so could would not reasonably be expected to have have, individually or in the aggregate, a Material Adverse Effect, (a) maintain, preserve and protect all of its material properties and equipment necessary in the operation of its business in good working order, repair and condition, ordinary wear and tear excepted and fire, casualty or condemnation excepted, and (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions and additions thereof or thereto in accordance with prudent industry practice.

Appears in 37 contracts

Samples: Credit Agreement (Nebula Parent Corp.), Abl Credit Agreement (Option Care Health, Inc.), Credit Agreement (Playa Hotels & Resorts N.V.)

Maintenance of Properties. Except if the failure to do so could would not reasonably be expected to have a Material Adverse Effect, (a) maintain, preserve and protect all of its material properties and equipment necessary in the operation of its business in good working order, repair and condition, ordinary wear and tear excepted and casualty or condemnation excepted, excepted and (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions and additions thereof or thereto in accordance consistent with prudent industry past practice.

Appears in 35 contracts

Samples: Credit Agreement (Biolectron, Inc.), Revolving Credit Agreement (IASIS Healthcare LLC), Credit Agreement (Clear Channel Communications Inc)

Maintenance of Properties. Except if the failure to do so could not reasonably be expected to have have, individually or in the aggregate, a Material Adverse Effect, (a) maintain, preserve and protect all of its material tangible or intangible properties and equipment necessary in the operation of its business in good working order, repair and condition, ordinary wear and tear excepted and fire, casualty or condemnation excepted, and (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions and additions thereof or thereto in accordance with prudent industry practice.

Appears in 34 contracts

Samples: Credit Agreement (Hilton Grand Vacations Inc.), Credit Agreement (Hilton Worldwide Holdings Inc.), Credit Agreement (DJO Finance LLC)

Maintenance of Properties. Except if the failure to do so could not reasonably be expected to have a Material Adverse Effect, (a) maintain, preserve and protect all of its material properties and equipment necessary in the operation of its business in good working order, repair and condition, ordinary wear and tear excepted and casualty or and condemnation excepted, and (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions and additions thereof or thereto to material properties and equipment in accordance with prudent industry practice.

Appears in 34 contracts

Samples: Assignment and Assumption (Fidelity National Information Services, Inc.), Credit Agreement (Latham Group, Inc.), Term Loan Credit Agreement (Fidelity National Information Services, Inc.)

Maintenance of Properties. Except if the failure to do so could not reasonably be expected to have have, individually or in the aggregate, a Material Adverse Effect, (a) maintain, preserve and protect all of its material properties and equipment necessary in the operation of its business in good working order, repair and condition, ordinary wear and tear excepted and fire, casualty or condemnation excepted, and (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions and additions thereof or thereto in accordance with prudent industry practice.

Appears in 32 contracts

Samples: Credit Agreement (Portillo's Inc.), Credit Agreement (Prestige Brands Holdings, Inc.), Term Loan Credit Agreement (BRP Inc.)

Maintenance of Properties. Except if the failure to do so could would not reasonably be expected to have a Material Adverse Effect, (a) maintain, preserve and protect all of its material properties and equipment necessary in the operation of its business in good working order, repair and condition, ordinary wear and tear excepted and casualty or condemnation excepted, and (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions and additions thereof or thereto in accordance with prudent industry practice.

Appears in 24 contracts

Samples: Credit Agreement (Warner Music Group Corp.), Credit Agreement (Warner Music Group Corp.), Credit Agreement (Warner Music Group Corp.)

Maintenance of Properties. Except if the failure to do so could not reasonably be expected to have have, individually or in the aggregate, a Material Adverse Effect, (a) maintain, preserve and protect all of its material tangible properties and equipment that are necessary in the operation of its business in good working order, repair and condition, ordinary wear and tear excepted and casualty or condemnation excepted, and (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions and additions thereof or thereto in accordance with prudent industry practice.

Appears in 23 contracts

Samples: Credit Agreement (Ortho Clinical Diagnostics Holdings PLC), Lien Credit Agreement (Maravai Lifesciences Holdings, Inc.), Credit Agreement (Axalta Coating Systems Ltd.)

Maintenance of Properties. Except if the failure to do so could would not reasonably be expected to have have, individually or in the aggregate, a Material Adverse Effect, (a) maintain, preserve and protect all of its material properties and equipment necessary used in the operation of its business in good working order, repair and condition, ordinary wear and tear excepted and casualty or condemnation excepted and any repairs and replacements that are the obligation of the owner or landlord of any property leased by the Borrower or any of the Restricted Subsidiaries excepted, and (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions and additions thereof or thereto in accordance with prudent industry practice.

Appears in 22 contracts

Samples: Credit Agreement (Superior Industries International Inc), Credit Agreement (Ensemble Health Partners, Inc.), Credit Agreement (Superior Industries International Inc)

Maintenance of Properties. Except if the failure to do so could not reasonably be expected to have a Material Adverse Effect, (a) maintain, preserve and protect all of its material properties and equipment necessary in the operation of its business in good working order, repair and condition, ordinary wear and tear excepted and casualty or condemnation excepted, and (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions and additions thereof or thereto in accordance with prudent industry practice.

Appears in 21 contracts

Samples: Credit Agreement (Milacron Holdings Corp.), Credit Agreement (Solgar), Credit Agreement (Visteon Corp)

Maintenance of Properties. Except if the failure to do so could would not reasonably be expected to have have, individually or in the aggregate, a Material Adverse Effect, (a) maintain, preserve and protect all of its material tangible or intangible properties and equipment necessary in the operation of its business in good working order, repair and condition, ordinary wear and tear excepted and fire, casualty or condemnation excepted, and (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions and additions thereof or thereto in accordance with prudent industry practice.

Appears in 19 contracts

Samples: Credit Agreement (Alight Group, Inc.), Credit Agreement (Alight, Inc. / Delaware), Credit Agreement (Bumble Inc.)

Maintenance of Properties. Except if the failure to do so could not reasonably be expected to have have, individually or in the aggregate, a Material Adverse Effect, (a) maintain, preserve and protect all of its material properties and equipment necessary in the operation of its business in good working order, repair and condition, ordinary wear and tear excepted and fire, casualty or condemnation excepted, and (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions and additions thereof or thereto in accordance with prudent industry practicepractice and in the normal conduct of its business.

Appears in 19 contracts

Samples: Credit Agreement (Summit Materials, LLC), Credit Agreement (SeaWorld Entertainment, Inc.), Credit Agreement (SeaWorld Entertainment, Inc.)

Maintenance of Properties. Except if the failure to do so could not would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect, (a) maintain, preserve and protect all of its material properties and equipment necessary in the operation of its business in good working order, repair and condition, ordinary wear and tear excepted and casualty or condemnation excepted, and (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions and additions thereof or thereto in accordance with prudent industry practice.

Appears in 18 contracts

Samples: Credit Agreement (Clear Channel Outdoor Holdings, Inc.), Credit Agreement (Wyndham Destinations, Inc.), Credit Agreement (Wyndham Hotels & Resorts, Inc.)

Maintenance of Properties. Except if Except, in each case, where the failure to do so could would not reasonably be expected to have a Material Adverse Effect, : (a) maintain, preserve and protect all of its material properties and equipment necessary in the operation of its business in good working order, repair order and condition, ordinary wear and tear excepted and casualty or condemnation excepted, ; and (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions repairs thereto and additions thereof or thereto in accordance with prudent industry practicerenewals and replacements thereof.

Appears in 14 contracts

Samples: Abl Credit Agreement (Lands End Inc), Term Loan Credit Agreement (Lands' End, Inc.), Term Loan Credit Agreement (Lands End Inc)

Maintenance of Properties. Except if the failure to do so could would not reasonably be expected to have have, individually or in the aggregate, a Material Adverse Effect, (a) maintain, preserve and protect all of its material tangible properties and equipment that are necessary in the operation of its business in good working order, repair and condition, ordinary wear and tear excepted and casualty or condemnation excepted, and (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions and additions thereof or thereto in accordance with prudent industry practice.

Appears in 14 contracts

Samples: Credit Agreement (Allison Transmission Holdings Inc), Credit Agreement (Maravai Lifesciences Holdings, Inc.), Credit Agreement (Atotech LTD)

Maintenance of Properties. Except if To the extent the failure to do so could not would be reasonably be expected likely to have a Material Adverse Effect, (a) maintain, preserve and protect all of its material properties and equipment necessary that are used or useful in the operation of its business in good working order, repair and condition, ordinary wear and tear excepted and casualty or condemnation excepted, and (b) make all necessary commercially reasonable and appropriate repairs, renewals, replacements, modifications, improvements, upgrades, extensions and additions thereof or thereto in accordance with prudent industry practicethereof.

Appears in 13 contracts

Samples: Senior Secured Credit Agreement (Bright Mountain Media, Inc.), Secured Credit Agreement (Bright Mountain Media, Inc.), Senior Secured Credit Agreement (Bright Mountain Media, Inc.)

Maintenance of Properties. Except if the failure to do so could not reasonably be expected to have a Material Adverse Effect, (ai) maintain, preserve and protect all of its material tangible properties and equipment necessary in the operation of its business in good working order, repair and condition, ordinary wear and tear excepted and casualty or condemnation excepted, ; and (bii) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions and additions thereof or thereto in accordance with prudent industry practice.

Appears in 13 contracts

Samples: Credit Agreement (Nexstar Media Group, Inc.), Credit Agreement (Nexstar Media Group, Inc.), Credit Agreement (Nexstar Media Group, Inc.)

Maintenance of Properties. Except if the failure to do so could not reasonably be expected to have have, individually or in the aggregate, a Material Adverse Effect, (a) maintain, preserve and protect all of its material properties and equipment necessary in the operation of its business in good working order, repair and condition, ordinary wear and tear excepted and casualty or condemnation excepted, and (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions and additions thereof or thereto in accordance with prudent industry practicepractice and in the normal conduct of its business.

Appears in 12 contracts

Samples: Credit Agreement (Nielsen Holdings B.V.), Fourth Amended (Nielsen Holdings N.V.), Credit Agreement (Nielsen Holdings N.V.)

Maintenance of Properties. Except if the failure to do so could not reasonably be expected to have a Material Adverse Effect, (a) maintainMaintain, preserve and protect all of its material properties and equipment necessary used in the operation of its business in good working order, repair and condition, condition (ordinary wear and tear excepted and casualty or condemnation excepted), and (b) make all necessary renewalsexcept to the extent the failure to do so has not resulted in, replacementsor is not reasonably expected, modificationsindividually or in the aggregate, improvements, upgrades, extensions and additions thereof or thereto to result in accordance with prudent industry practicea Material Adverse Effect.

Appears in 12 contracts

Samples: Term Loan Credit Agreement (Allegro Microsystems, Inc.), First Lien Credit Agreement (WCG Clinical, Inc.), Credit Agreement (WCG Clinical, Inc.)

Maintenance of Properties. Except if Keep its properties which are material to its business in good repair, working order and condition consistent with industry practice, ordinary wear and tear excepted, except where the failure to do so could would not reasonably be expected to have a Material Adverse Effect, (a) maintain, preserve and protect all of its material properties and equipment necessary in the operation of its business in good working order, repair and condition, ordinary wear and tear excepted and casualty or condemnation excepted, and (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions and additions thereof or thereto in accordance with prudent industry practice.

Appears in 12 contracts

Samples: Day Credit Agreement (Cendant Corp), Credit Agreement (Wyndham Worldwide Corp), Interim Term Loan Agreement (Wyndham Worldwide Corp)

Maintenance of Properties. Except if to the extent failure to do so could the same is not reasonably be expected likely to have result in a Material Adverse Effect, : (a) maintain, preserve and protect all of its material properties and equipment necessary in the operation of its business in good working order, repair order and condition, ordinary wear and tear excepted and casualty or condemnation excepted, and ; (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions repairs thereto and additions thereof or thereto renewals and replacements thereof; and (c) use at least the standard of care typical in accordance with prudent the industry practicein the operation and maintenance of its facilities.

Appears in 11 contracts

Samples: Loan Agreement (Cousins Properties Inc), Credit Agreement (Cousins Properties Inc), Assignment and Assumption (Cousins Properties Inc)

Maintenance of Properties. Except if where the failure to do so could not reasonably be expected to have a Material Adverse Effect, (a) maintain, preserve and protect all of its material properties and equipment necessary in the operation of its business in good working order, repair order and condition, ordinary wear and tear excepted and casualty or condemnation excepted, and ; (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions repairs thereto and additions thereof or thereto renewals and replacements thereof; and (c) use the standard of care typical in accordance with prudent the industry practicein the operation and maintenance of its facilities.

Appears in 11 contracts

Samples: Third Amendment and Restatement Agreement (Targa Resources Partners LP), Credit Agreement (Targa Resources Investments Inc.), Credit Agreement (Targa Resources Partners LP)

Maintenance of Properties. Except if the failure to do so could not reasonably be expected to have a Material Adverse Effect, (ai) maintain, preserve and protect all of its material properties and equipment necessary in the operation of its business in good working order, repair and condition, ordinary wear and tear excepted and casualty or condemnation excepted, and (bii) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions and additions thereof or thereto in accordance with prudent industry practice.

Appears in 10 contracts

Samples: Credit Agreement (Polymer Group Inc), Credit Agreement (Polymer Group Inc), Credit Agreement (Polymer Group Inc)

Maintenance of Properties. Except if where the failure to do so could would not reasonably be expected to have a Material Adverse Effect, (a) maintain, preserve and protect all of its material properties and equipment necessary in the operation of its business in good working order, repair order and condition, ordinary wear and tear excepted and casualty or condemnation excepted, and (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions repairs thereto and additions renewals and replacements thereof or thereto in accordance with prudent sound industry practice.

Appears in 10 contracts

Samples: Revolving Credit Agreement (Hasbro, Inc.), Revolving Credit Agreement (Hasbro, Inc.), Revolving Credit Agreement (Hasbro Inc)

Maintenance of Properties. Except if the failure to do so could would not reasonably be expected to have have, individually or in the aggregate, a Material Adverse Effect, (a) maintain, preserve and protect all of its material tangible properties and equipment necessary in the operation of its business in good working order, repair and condition, ordinary wear and tear excepted and casualty or condemnation excepted, and (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions and additions thereof or thereto in accordance with prudent industry practicepractice and in the normal conduct of its business.

Appears in 9 contracts

Samples: Credit Agreement (Time Inc.), Credit Agreement (Time Inc.), Security Agreement (OUTFRONT Media Inc.)

Maintenance of Properties. Except if the failure to do so could would not reasonably be expected to have have, individually or in the aggregate, a Material Adverse Effect, (a) maintain, preserve and protect all of its material properties and equipment necessary in the operation of its business in good working order, repair and condition, ordinary wear and tear excepted and casualty or condemnation excepted, and (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions and additions thereof or thereto in accordance with prudent industry practice.

Appears in 9 contracts

Samples: Superpriority Credit Agreement (Casa Systems Inc), Security Agreement (Casa Systems Inc), Credit Agreement (Solo Brands, Inc.)

Maintenance of Properties. Except if the failure to do so could not not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect, (a) maintain, preserve and protect all of its material properties and equipment necessary in the operation of its business in good working order, repair and condition, ordinary wear and tear excepted and casualty or condemnation excepted, and (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions and additions thereof or thereto in accordance with prudent industry practice.

Appears in 8 contracts

Samples: Credit Agreement (Lyondell Chemical Co), Credit Agreement (Lyondell Chemical Co), Credit Agreement (LyondellBasell Industries N.V.)

Maintenance of Properties. Except if Maintain or cause to be maintained in good repair, working order and condition, ordinary wear and tear excepted, all properties used or useful in the business of Holdings, the Borrowers and the Restricted Subsidiaries and from time to time will make or cause to be made all appropriate repairs, renewals and replacements thereof, except, in each case, where the failure to do so could not reasonably be expected to have have, either individually or in the aggregate, a Material Adverse Effect, (a) maintain, preserve and protect all of its material properties and equipment necessary in the operation of its business in good working order, repair and condition, ordinary wear and tear excepted and casualty or condemnation excepted, and (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions and additions thereof or thereto in accordance with prudent industry practice.

Appears in 8 contracts

Samples: Credit and Guaranty Agreement (Corsair Gaming, Inc.), First Lien Credit and Guaranty Agreement (Corsair Gaming, Inc.), First Lien Credit and Guaranty Agreement (Corsair Gaming, Inc.)

Maintenance of Properties. Except if the failure to do so could not reasonably be expected to have have, individually or in the aggregate, a Material Adverse Effect, (a) maintain, preserve and protect all of its material properties and equipment necessary in the operation of its business in good satisfactory working order, repair and condition, ordinary wear and tear excepted and fire, casualty or condemnation excepted, and (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions and additions thereof or thereto in accordance with prudent industry practicepractice and in the normal conduct of its business.

Appears in 8 contracts

Samples: Credit Agreement (Yellow Corp), Credit Agreement (Yellow Corp), Tranche B Term Loan Credit Agreement (YRC Worldwide Inc.)

Maintenance of Properties. Except if (a) Maintain, preserve and protect, or make contractual or other provisions to cause to maintain, preserve or protect, all of its properties and equipment necessary in the operation of its business in good working order and condition, ordinary wear and tear excepted, in each case except where the failure to do so could not reasonably be expected to have a Material Adverse Effect, (a) maintain, preserve and protect all of its material properties and equipment necessary in the operation of its business in good working order, repair and condition, ordinary wear and tear excepted and casualty or condemnation excepted, ; and (b) make, or make contractual or other provisions to cause to be made, all necessary renewals, replacements, modifications, improvements, upgrades, extensions repairs thereto and additions renewals and replacements thereof or thereto in accordance with prudent industry practiceexcept where the failure to do so could not reasonably be expected to have a Material Adverse Effect.

Appears in 8 contracts

Samples: Credit Agreement (Hcp, Inc.), Credit Agreement (Hcp, Inc.), Credit Agreement (Healthpeak Properties, Inc.)

Maintenance of Properties. Except if the failure to do so could not not, individually or in the aggregate for all Consolidated Group Entities, reasonably be expected to have a Material Adverse Effect, (ai) maintain, preserve and protect all of its material tangible properties and equipment necessary in the operation of its business in good working order, repair and condition, ordinary wear and tear excepted and casualty or condemnation excepted, ; and (bii) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions and additions thereof or thereto in accordance with prudent industry practice.

Appears in 7 contracts

Samples: Credit Agreement (Nexstar Media Group, Inc.), Credit Agreement (Nexstar Media Group, Inc.), Credit Agreement (Nexstar Media Group, Inc.)

Maintenance of Properties. (a) Except if where the failure to do so could not reasonably be expected to have a Material Adverse Effect, (ai) maintain, preserve and protect all of its material properties and equipment necessary in the operation of its business in good working order, repair order and condition, ordinary wear and tear excepted and casualty or condemnation excepted, and (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions and additions thereof or thereto in accordance with prudent industry practicethe standard of care typical in the industry; and (ii) make, or cause to be made, all necessary repairs thereto and renewals and replacements thereof in accordance with the standard of care typical in the industry.

Appears in 7 contracts

Samples: Security Agreement (USD Partners LP), Security Agreement (USD Partners LP), Credit Agreement (USD Partners LP)

Maintenance of Properties. Except if the failure to do so could not reasonably be expected to have have, individually or in the aggregate, a Material Adverse Effect, (a) maintain, preserve and protect all of its material properties and equipment necessary in the operation of its business in good working order, repair and condition, ordinary wear and tear excepted and fire, casualty or condemnation excepted, and (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions and additions thereof or thereto in accordance with prudent industry practicepractice and in the normal conduct of its business.

Appears in 7 contracts

Samples: Credit Agreement (Surgery Partners, Inc.), Credit Agreement (Surgery Partners, Inc.), Credit Agreement (Surgery Partners, Inc.)

Maintenance of Properties. Except if the failure to do so could not reasonably be expected to have a Material Adverse Effect, (a) maintainMaintain, preserve and protect all of its material properties and equipment necessary in the operation of its business in good working order, repair order and conditioncondition except to the extent the failure to do so could not reasonably be expected to have a Material Adverse Effect, ordinary wear and tear excepted and casualty or condemnation Casualty and Condemnation excepted, ; and (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions repairs thereto and additions renewals and replacements thereof or thereto in accordance with prudent industry practiceexcept where the failure to do so could not reasonably be expected to have a Material Adverse Effect.

Appears in 7 contracts

Samples: Credit Agreement (Integra Lifesciences Holdings Corp), Credit Agreement (Integra Lifesciences Holdings Corp), Credit Agreement (Integra Lifesciences Holdings Corp)

Maintenance of Properties. Except if where the failure to do so could not reasonably be expected to have a Material Adverse Effect, (a) maintain, preserve and protect all of its material properties and equipment necessary in the operation of its business in good working order, repair order and condition, ordinary wear and tear excepted and casualty or condemnation excepted, ; and (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions repairs thereto and additions thereof or thereto in accordance with prudent industry practicerenewals and replacements thereof.

Appears in 7 contracts

Samples: Credit Agreement (Mastec Inc), Credit Agreement (Mastec Inc), Credit Agreement (Mastec Inc)

Maintenance of Properties. Except if where the failure to do so could would not reasonably be expected to have a Material Adverse Effect, (a) maintain, preserve and protect all of its material properties and equipment necessary or useful in the operation of its business in good working order, repair order and condition, ordinary wear and tear excepted and casualty or condemnation excepted, ; and (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions repairs thereto and additions renewals and replacements thereof or thereto in accordance with prudent industry practiceexcept where the failure to do so could not reasonably be expected to have a Material Adverse Effect.

Appears in 6 contracts

Samples: Credit Agreement (Destination Maternity Corp), Term Loan Credit Agreement (Destination Maternity Corp), Credit Agreement (Destination Maternity Corp)

Maintenance of Properties. Except if the failure to do so could not reasonably be expected expected, individually or in the aggregate, to have a Material Adverse Effect, (a) maintain, preserve and protect all of its material properties and equipment necessary in the operation of its business in good working order, repair and condition, ordinary wear and tear tear, casualty and condemnation excepted and casualty or condemnation excepted, and (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions and additions thereof or thereto in accordance with prudent industry practiceexcepting also any obligations that are the obligations of the landlord under any lease.

Appears in 6 contracts

Samples: Credit Agreement (Dunkin' Brands Group, Inc.), Credit Agreement (Quintiles Transnational Holdings Inc.), Credit Agreement (Quintiles Transnational Holdings Inc.)

Maintenance of Properties. Except if the failure to do so could not reasonably be expected to have a Material Adverse Effect, (a) maintainMaintain, preserve and protect all of its material properties and equipment necessary in the operation of its business in good working order, repair order and condition, ordinary wear and tear excepted and casualty or condemnation excepted, except where the failure to do so would not reasonably be expected to have a Material Adverse Effect; and (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions repairs thereto and additions renewals and replacements thereof or thereto in accordance with prudent industry practiceexcept where the failure to do so would not reasonably be expected to have a Material Adverse Effect.

Appears in 6 contracts

Samples: Credit Agreement (American Renal Associates Holdings, Inc.), Credit Agreement (American Renal Associates Holdings, Inc.), Junior Lien Intercreditor Agreement (American Renal Associates Holdings, Inc.)

Maintenance of Properties. (a) Except if to the extent that the failure to do so could not reasonably be expected to have a Material Adverse Effect, (a) maintain, preserve and protect all of its material properties and equipment necessary in the operation of its business in good working order, repair order and condition, ordinary wear and tear excepted and casualty or condemnation excepted, and (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions and additions thereof or thereto in accordance with prudent industry practice.

Appears in 6 contracts

Samples: Credit Agreement (Verenium Corp), Credit Agreement (Syncardia Systems Inc), Credit Agreement (Lpath, Inc)

Maintenance of Properties. Except if the failure to do so could not reasonably be expected to have a Material Adverse Effect, (a) maintainMaintain, preserve and protect all of its material properties and equipment necessary in the operation of its business in good working order, repair order and condition, condition (ordinary wear and tear excepted and casualty and condemnation events excepted), except where the failure to do so could not, individually or condemnation exceptedin the aggregate, reasonably be expected to have (i) a material adverse impact on any Product Development and Commercialization Activities or (bii) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions and additions thereof or thereto in accordance with prudent industry practicea Material Adverse Effect.

Appears in 6 contracts

Samples: Credit Agreement (Societal CDMO, Inc.), Credit Agreement (Recro Pharma, Inc.), Credit Agreement (Societal CDMO, Inc.)

Maintenance of Properties. Except if the failure to do so could would not reasonably be expected to have result in, individually or in the aggregate, a Material Adverse Effect, (a) maintain, preserve keep and protect maintain all of its material properties and equipment necessary used in the operation of its business in good working order, repair and condition, ordinary wear and tear excepted and casualty or condemnation excepted, and (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions and additions thereof or thereto in accordance with prudent industry practice.

Appears in 6 contracts

Samples: Credit Agreement (99 Cents Only Stores LLC), Credit Agreement (99 Cents Only Stores), Credit Agreement (99 Cents Only Stores LLC)

Maintenance of Properties. Except if the failure to do so could not reasonably be expected to have a Material Adverse Effect, (a) maintain, preserve and protect all of its material properties and equipment necessary in the operation of its business in good working order, repair and condition, ordinary wear and tear excepted tear, casualty and casualty or condemnation excepted, and (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions and additions thereof or thereto in accordance with prudent industry practicepractice or in the reasonable judgment of management.

Appears in 5 contracts

Samples: Credit Agreement (Sensata Technologies Holding PLC), Credit Agreement (Sensata Technologies Holding PLC), Credit Agreement (Sensata Technologies Holding N.V.)

Maintenance of Properties. Except if where the failure to do so could so, either individually or in the aggregate, would not reasonably be expected to have a Material Adverse Effect, (a) maintain, preserve and protect all of its material properties and equipment necessary in the operation of its business in good working order, repair order and condition, ordinary wear and tear excepted and casualty or condemnation excepted, and (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions repairs thereto and additions renewals and replacements thereof or thereto and (c) use the standard of care typical in accordance with prudent the industry practicein the operation and maintenance of its facilities.

Appears in 5 contracts

Samples: Credit Agreement (Nn Inc), Term Loan Credit Agreement (Nn Inc), Credit Agreement (Nn Inc)

Maintenance of Properties. Except if the failure to do so could not not, either individually or in the aggregate, reasonably be expected to have a Material Adverse Effect, (a) maintain, preserve and protect all of its material properties and equipment necessary in the operation of its business in good working order, repair and condition, ordinary wear and tear excepted and casualty or condemnation excepted, and (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions and additions thereof or thereto in accordance with prudent industry practice.

Appears in 5 contracts

Samples: Credit Agreement (Bloomin' Brands, Inc.), Credit Agreement (Osi Restaurant Partners, LLC), Assignment and Assumption (TransFirst Inc.)

Maintenance of Properties. Except if the failure to do so could not not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect, (a) maintain, preserve and protect all of its material properties and equipment necessary in the operation of its business in good working order, repair and condition, ordinary wear and tear excepted and casualty or condemnation excepted, (b) maintain, protect, preserve and renew all of its IP Rights and (bc) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions and additions thereof or thereto with respect to tangible properties in accordance with prudent industry practice.

Appears in 5 contracts

Samples: Credit Agreement (Shoals Technologies Group, Inc.), Credit Agreement (Array Technologies, Inc.), Credit Agreement (Array Technologies, Inc.)

Maintenance of Properties. Except if In a manner consistent with that used by other Persons engaged in the failure to do so could not reasonably be expected to have a Material Adverse Effectsame or similar businesses as the Borrower and its Subsidiaries, (a) maintain, preserve and protect all of its material properties and equipment necessary in the operation of its business in good working order, repair order and condition, ordinary wear and tear excepted and casualty or condemnation excepted, except where the failure to do so would not reasonably be expected to have a Material Adverse Effect; and (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions repairs thereto and additions renewals and replacements thereof or thereto in accordance with prudent industry practiceexcept where the failure to do so would not reasonably be expected to have a Material Adverse Effect.

Appears in 5 contracts

Samples: Revolving Credit Agreement (Voya Financial, Inc.), Term Loan Agreement (ING U.S., Inc.), Revolving Credit Agreement (Voya Financial, Inc.)

Maintenance of Properties. Except if the failure to do so could would not reasonably be expected to have a Material Adverse Effect, (a) maintain, preserve and protect all of its material properties and equipment necessary in the operation of its business in good working order, repair and condition, ordinary wear and tear excepted and fire, casualty or condemnation excepted, and (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions and additions thereof or thereto in accordance with prudent industry practice.

Appears in 5 contracts

Samples: Credit Agreement (Sabre Corp), Credit Agreement (Sabre Corp), Converting Term Lender (Sabre Corp)

Maintenance of Properties. Except if the failure to do so could not reasonably be expected to have a Material Adverse Effect, (a) maintain, preserve and protect all of its material properties and equipment necessary in the operation of its business in good working order, repair and condition, ordinary wear and tear excepted tear, casualty and casualty or condemnation excepted, and (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions and additions thereof or thereto in accordance with prudent industry practice.

Appears in 5 contracts

Samples: Credit Agreement (Orbitz Worldwide, Inc.), Credit Agreement (Warner Chilcott PLC), Credit Agreement (Warner Chilcott CORP)

Maintenance of Properties. Except if the failure to do so could not reasonably be expected to have a Material Adverse Effect, (a) maintainMaintain, preserve and protect all of its material properties and equipment necessary in the operation of its business in good working order, repair and condition, ordinary wear and tear excepted and casualty or condemnation excepted, and (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions and additions thereof or thereto in accordance with prudent industry practice, except as expressly permitted by this Agreement or where the failure to maintain such properties or make such renewals, replacements, modifications, improvements, upgrades, extensions and additions would not reasonably be expected to have a Material Adverse Effect.

Appears in 4 contracts

Samples: First Lien Credit Agreement (TGPX Holdings I LLC), Second Lien Credit Agreement (TGPX Holdings I LLC), First Lien Credit Agreement (TGPX Holdings I LLC)

Maintenance of Properties. Except if the failure to do so could not reasonably be expected to have a Material Adverse Effect, (a) maintain, preserve and protect all of its material properties and equipment necessary in the operation of its business in good working order, repair and condition, ordinary wear and tear excepted and casualty or condemnation excepted, excepted and (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions and additions thereof or thereto in accordance with prudent industry practice.

Appears in 4 contracts

Samples: Credit Agreement (GL Trade Overseas, Inc.), Credit Agreement (Sungard Capital Corp Ii), Credit Agreement (Sungard Data Systems Inc)

Maintenance of Properties. Except if the failure to do so could would not reasonably be expected to have have, individually or in the aggregate, a Material Adverse Effect, (a) maintain, preserve and protect all of its material properties and equipment necessary in the operation of its business in good working order, repair and condition, ordinary wear and tear excepted and casualty casualty, expropriation or condemnation excepted, and (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions and additions thereof or thereto in accordance with prudent industry practice.

Appears in 4 contracts

Samples: Term Loan Credit Agreement (GFL Environmental Inc.), Credit Agreement (GFL Environmental Inc.), Assignment and Assumption (GFL Environmental Holdings Inc.)

Maintenance of Properties. Except if the failure to do so could not reasonably be expected to have a Material Adverse Effect, (a) maintainMaintain, preserve and protect all of its material properties and equipment necessary in the operation of its business in good working order, repair order and condition, ordinary wear and tear excepted and casualty or condemnation excepted, and (b) make all necessary renewalscommercially reasonable repairs thereto and renewals and replacements thereof; provided that this Section shall not prevent any Borrower or Subsidiary from discontinuing the operation and the maintenance of any of its properties if such discontinuance is desirable in the conduct of its business and such discontinuance could not, replacementsindividually or in the aggregate, modifications, improvements, upgrades, extensions and additions thereof or thereto in accordance with prudent industry practicereasonably be expected to have a Material Adverse Effect.

Appears in 4 contracts

Samples: Credit Agreement (Unifirst Corp), Credit Agreement (Unifirst Corp), Credit Agreement (Unifirst Corp)

Maintenance of Properties. Except if the failure to do so could not reasonably be expected to have a Material Adverse Effect, (a) maintainMaintain, preserve and protect all of its material properties and equipment necessary in the operation of its business in good working order, repair order and condition, ordinary wear and tear excepted and casualty or condemnation excepted, except where the failure to do so could not reasonably be expected to have a Material Adverse Effect; and (b) make all necessary renewalsrepairs thereto and renewals and replacements thereof, replacements, modifications, improvements, upgrades, extensions and additions thereof or thereto in accordance with prudent industry practiceexcept where the failure to do so could not reasonably be expected to have a Material Adverse Effect.

Appears in 4 contracts

Samples: Credit Agreement (Herbalife Ltd.), Credit Agreement (Herbalife Ltd.), Credit Agreement (Herbalife Ltd.)

Maintenance of Properties. Except if the failure to do so could not reasonably be expected to have a Material Adverse Effect, (a) maintain, preserve and protect all of its material tangible properties and equipment necessary in the operation of its business in good working order, repair and condition, ordinary wear and tear excepted tear, casualty and casualty or condemnation excepted, and (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions and additions thereof or thereto in accordance with prudent industry practicepractice or in the reasonable judgment of management.

Appears in 4 contracts

Samples: Credit Agreement (Universal Hospital Services Inc), Credit Agreement (Universal Hospital Services Inc), Credit Agreement (Universal Hospital Services Inc)

Maintenance of Properties. Except if the failure to do so could not not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect, (ai) maintain, preserve and protect all of its material tangible properties and equipment necessary in the operation of its business in good working order, repair and condition, ordinary wear and tear excepted and casualty or condemnation excepted, and (bii) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions and additions thereof or thereto in accordance with prudent industry practice.

Appears in 4 contracts

Samples: Credit Agreement (Phibro Animal Health Corp), Credit Agreement (Phibro Animal Health Corp), Credit Agreement (Phibro Animal Health Corp)

Maintenance of Properties. Except if to the extent that the failure to do so could would not reasonably be expected to have have, individually or in the aggregate, a Material Adverse Effect, (a) maintain, preserve and protect all of its material properties and equipment necessary in the operation of its business in good working order, repair and condition, ordinary wear and tear excepted and casualty or condemnation excepted, and (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions and additions thereof or thereto in accordance with prudent industry practice.

Appears in 4 contracts

Samples: Credit Agreement (New Media Investment Group Inc.), Credit Agreement (New Media Investment Group Inc.), Credit Agreement (New Media Investment Group Inc.)

Maintenance of Properties. Except if Unless the failure to do so could not reasonably be expected to have a Material Adverse Effect, (a) maintain, preserve and protect all of its material properties and equipment necessary in the operation of its business in good working order, repair and condition, ordinary wear and tear and obligations of landlords under leases excepted and casualty or condemnation excepted, and (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions and additions thereof or thereto in accordance with prudent industry practice.

Appears in 4 contracts

Samples: Credit Agreement (Gym-Card, LLC), Credit Agreement (Gymboree Corp), Credit Agreement (Gymboree Corp)

Maintenance of Properties. Except if the failure to do so could not not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect, (a) maintain, preserve and protect all of its material properties and equipment necessary in material to the operation of its business in good working order, repair and condition, ordinary wear and tear excepted and casualty or condemnation excepted, and (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions and additions thereof or thereto in accordance with prudent industry practice.

Appears in 4 contracts

Samples: Term Loan Credit and Guarantee Agreement (RDA Holding Co.), Revolving Credit and Guarantee Agreement (RDA Holding Co.), Credit and Guarantee Agreement (RDA Holding Co.)

Maintenance of Properties. Except if the failure to do so so, individually or in the aggregate, could not reasonably be expected to have a Material Adverse Effect, (ai) maintain, preserve and protect all of its material tangible properties and equipment necessary in the operation of its business in good working order, repair and condition, ordinary wear and tear excepted and casualty or condemnation excepted, ; and (bii) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions and additions thereof or thereto in accordance with prudent industry practice.

Appears in 4 contracts

Samples: Credit Agreement (Media General Inc), Credit Agreement (Media General Inc), Credit Agreement (Media General Inc)

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Maintenance of Properties. (a) Except if where the failure to do so could would not reasonably be expected to have a Material Adverse Effect, (ai) maintain, preserve and protect all of its material properties and equipment necessary in the operation of its business in good working order, repair order and condition, ordinary wear and tear excepted and casualty or condemnation excepted(ii) make all necessary repairs thereto and renewals and replacements thereof, and (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions use the standard of care typical in the industry in the operation and additions thereof or thereto in accordance with prudent industry practicemaintenance of its facilities.

Appears in 4 contracts

Samples: Facility Agreement (Atlantica Yield PLC), Credit and Guaranty Agreement (Atlantica Sustainable Infrastructure PLC), Credit and Guaranty Agreement (Atlantica Sustainable Infrastructure PLC)

Maintenance of Properties. Except if the failure to do so could not reasonably be expected to have a Material Adverse EffectEffect or as may be required under a Lease of property, (a) maintain, preserve and protect all of its material properties and equipment necessary in the operation of its the business of Holdings and each Restricted Subsidiary in good working order, repair and condition, condition (ordinary wear and tear excepted and casualty or condemnation excepted, and (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions and additions thereof or thereto in accordance with prudent industry practice).

Appears in 4 contracts

Samples: Credit Agreement (ClubCorp Holdings, Inc.), Credit Agreement (University Club, Inc. (FL)), Credit Agreement (ClubCorp Club Operations, Inc.)

Maintenance of Properties. Except as otherwise permitted by Section 7.03 or Section 7.04 or if the failure to do so could not reasonably be expected to have have, individually or in the aggregate, a Material Adverse Effect, (a) maintain, preserve and protect all of its material tangible properties and equipment that are necessary in the operation of its business in good working order, repair and condition, ordinary wear and tear excepted and casualty or condemnation excepted, and (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions and additions thereof or thereto in accordance with prudent industry practice.

Appears in 4 contracts

Samples: Credit Agreement (Instructure Holdings, Inc.), Credit Agreement (Instructure Holdings, Inc.), Credit Agreement (Instructure Holdings, Inc.)

Maintenance of Properties. Except if the failure to do so could not not, either individually or in the aggregate, reasonably be expected to have a Material Adverse Effect, (a) maintain, preserve and protect all of its material properties and equipment necessary in the operation of its business in good working order, repair and condition, ordinary wear and tear excepted and casualty or condemnation excepted, and (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions and additions thereof or thereto in accordance with prudent industry practice.

Appears in 4 contracts

Samples: Credit Agreement (Bloomin' Brands, Inc.), Security Agreement (Bloomin' Brands, Inc.), Security Agreement (Bloomin' Brands, Inc.)

Maintenance of Properties. Except if the failure to do so could would not reasonably be expected to have a Material Adverse Effect, (a) maintain, preserve and protect all of its material properties and equipment necessary in the operation of its business in good working order, repair and condition, ordinary wear and tear excepted and casualty or condemnation excepted, and maintain, renew and protect all of its IP Rights, and (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions and additions thereof or thereto in accordance with prudent industry practice.

Appears in 4 contracts

Samples: Credit Agreement (Mattress Firm Group Inc.), Credit Agreement (Mattress Firm Group Inc.), Abl Credit Agreement (Mattress Firm Group Inc.)

Maintenance of Properties. Except if the failure to do so could would not reasonably be expected to have a Material Adverse Effect, (a) maintain, preserve and protect all of its material properties and equipment necessary in the operation of its business in good working order, repair and condition, ordinary wear and tear excepted and fire, casualty or and condemnation excepted, excepted and (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions and additions thereof or thereto in accordance consistent with prudent industry past practice.

Appears in 3 contracts

Samples: Credit Agreement (Axcan Intermediate Holdings Inc.), Credit Agreement (Primedia Inc), Credit Agreement (Axcan Intermediate Holdings Inc.)

Maintenance of Properties. Except if the failure to do so could not reasonably be expected to have a Material Adverse Effect, (a) maintain, preserve and protect all of its material properties and equipment necessary in the operation of its business in good working order, repair and condition, ordinary wear and tear excepted and casualty or and condemnation excepted, and (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions and additions thereof or thereto to material properties and equipment in accordance with prudent industry practice. Section 6.07.

Appears in 3 contracts

Samples: Credit Agreement (Dun & Bradstreet Holdings, Inc.), Credit Agreement (Dun & Bradstreet Holdings, Inc.), Credit Agreement (Dun & Bradstreet Holdings, Inc.)

Maintenance of Properties. Except if the failure to do so could would not reasonably be expected to have have, individually or in the aggregate, a Material Adverse Effect, (a) maintain, preserve and protect all of its material tangible properties and equipment necessary in the operation of its business in good working order, repair and condition, ordinary wear and tear excepted and casualty or condemnation excepted, and (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions and additions thereof or thereto in accordance with prudent industry practice.

Appears in 3 contracts

Samples: Credit Agreement (Halyard Health, Inc.), Credit Agreement (Halyard Health, Inc.), Credit Agreement (Avanos Medical, Inc.)

Maintenance of Properties. Except if where the failure to do so could not reasonably be expected to have a Material Adverse Effect, (a) maintain, preserve and protect all of its material properties and equipment necessary in the operation of its business in good working order, repair order and condition, ordinary wear and tear excepted tear, casualty losses and casualty or condemnation Recovery Events excepted, ; and (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions repairs thereto and additions thereof or thereto in accordance with prudent industry practicerenewals and replacements thereof.

Appears in 3 contracts

Samples: Credit Agreement (Nu Skin Enterprises Inc), Credit Agreement (Nu Skin Enterprises, Inc.), Credit Agreement (Nu Skin Enterprises Inc)

Maintenance of Properties. Except if the failure to do so could not reasonably be expected to have a Material Adverse EffectEffect or as may be required under a lease of real property, (a) maintain, preserve and protect all of its material properties and equipment necessary in the operation of its business in good working order, repair and condition, ordinary wear and tear excepted tear, casualty and casualty or condemnation excepted, and (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions and additions thereof or thereto in accordance with prudent industry practice.

Appears in 3 contracts

Samples: Credit Agreement (Campbell Alliance Group Inc), Credit Agreement (Campbell Alliance Group Inc), Credit Agreement (Campbell Alliance Group Inc)

Maintenance of Properties. Except if Maintain and preserve its properties and equipment material to the conduct of its businesses in good repair, working order and condition, normal wear and tear and casualty and condemnation excepted, and will make, or cause to be made, in such properties and equipment from time to time all repairs, renewals, replacements, extensions, additions, betterments and improvements thereto as may be needed or proper, to the extent and in the manner customary for companies in similar businesses, unless the failure to do so could any of the foregoing would not reasonably be expected to have a Material Adverse Effect, (a) maintain, preserve and protect all of its material properties and equipment necessary in the operation of its business in good working order, repair and condition, ordinary wear and tear excepted and casualty or condemnation excepted, and (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions and additions thereof or thereto in accordance with prudent industry practice.

Appears in 3 contracts

Samples: Credit Agreement (Sabre Holdings Corp), Credit Agreement (Sabre Holdings Corp), Credit Agreement (Sabre Holding Corp)

Maintenance of Properties. Except if the failure to do so could not not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect, (a) maintain, preserve and protect all of its material properties and equipment necessary in material to the operation of its business in good working order, repair and condition, ordinary wear and tear excepted and casualty or condemnation excepted, and (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions and additions thereof or thereto in accordance with prudent industry practice.and

Appears in 3 contracts

Samples: Credit and Guarantee Agreement, Credit Agreement, Credit and Guarantee Agreement

Maintenance of Properties. Except if the failure to do so could not reasonably be expected to have a Material Adverse Effect, (a) maintainMaintain, preserve and protect all of its material properties and equipment necessary in the operation of its business in good working order, repair order and condition, ordinary wear and tear excepted and casualty or condemnation excepted, except where the failure to do so could not reasonably be expected to, individually or in the aggregate, have a Material Adverse Effect; and (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions repairs thereto and additions renewals and replacements thereof or thereto in accordance with prudent industry practiceexcept where the failure to do so could not reasonably be expected to have a Material Adverse Effect.

Appears in 3 contracts

Samples: Credit Agreement (Wendy's Co), Credit Agreement (Wendy's Restaurants, LLC), Credit Agreement (Wendy's/Arby's Group, Inc.)

Maintenance of Properties. Except if the failure to do so could not not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect, (a) maintain, preserve and protect all of its material properties and equipment necessary in the operation of its business in good working order, repair and condition, ordinary wear and tear excepted and casualty or condemnation excepted, and (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions and additions thereof or thereto in accordance with prudent industry practice.

Appears in 3 contracts

Samples: Credit Agreement (RingCentral, Inc.), Credit Agreement (RingCentral, Inc.), Credit Agreement (Yum Brands Inc)

Maintenance of Properties. Except if where the failure to do so could would not reasonably be expected to have a Material Adverse Effect, (a) maintain, preserve and protect all of its material properties and equipment necessary in the operation of its business in good working order, repair order and condition, ordinary wear and tear excepted and casualty or condemnation excepted, and (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions repairs thereto and additions thereof or thereto in accordance with prudent industry practicerenewals and replacements thereof.

Appears in 3 contracts

Samples: Credit Agreement (Tops Holding Corp), Credit Agreement (Tops Holding Ii Corp), Credit Agreement (Tops Markets Ii Corp)

Maintenance of Properties. Except if the failure to do so could would not reasonably be expected to have have, individually or in the aggregate, a Material Adverse Effect, (a) maintain, preserve and protect all of its material properties and equipment necessary used in the operation of its business in reasonably good working order, repair and condition, ordinary wear and tear excepted and casualty or condemnation excepted, and (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions and additions thereof or thereto in accordance with prudent industry practice.

Appears in 3 contracts

Samples: Term Loan Credit Agreement (Torrid Holdings Inc.), Term Loan Credit Agreement (Torrid Holdings Inc.), Credit Agreement (Torrid Holdings Inc.)

Maintenance of Properties. Except if the failure to do so could would not reasonably be expected to have have, individually or in the aggregate, a Material Adverse Effect, (a) maintain, preserve and protect all of its material tangible, personal and real properties and equipment necessary used in the operation of its business in good working order, repair and condition, ordinary wear and tear excepted and casualty or condemnation excepted, and (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions and additions thereof or thereto in accordance with prudent industry practice.

Appears in 3 contracts

Samples: Syndicated Facility Agreement (DTZ Jersey Holdings LTD), Syndicated Facility Agreement (DTZ Jersey Holdings LTD), Syndicated Facility Agreement (DTZ Jersey Holdings LTD)

Maintenance of Properties. Except if with respect to Dormant Subsidiaries and except where the failure to do so could not not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect, (a) maintain, preserve and protect all of its material properties and equipment that are necessary in the operation of its business in good working order, repair order and condition, ordinary wear and tear excepted and casualty or condemnation excepted, and (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions repairs thereto and additions renewals and replacements thereof or thereto in accordance with prudent industry practice.

Appears in 3 contracts

Samples: Credit Agreement (Spectrum Brands, Inc.), Credit Agreement (Spectrum Brands, Inc.), Credit Agreement (Spectrum Brands, Inc.)

Maintenance of Properties. Except if the failure to do so could not reasonably be expected to have have, individually or in the aggregate, a Material Adverse Effect, (a) maintain, preserve and protect all of its material properties and equipment necessary in the operation of its business in good working order, repair order and condition, ordinary wear and tear excepted and casualty or condemnation excepted, and (b) make all necessary renewals, repairs thereto and renewals and replacements, modifications, improvements, upgrades, extensions and additions thereof or thereto (c) use the standard of care typical in accordance with prudent the industry practicein the operation and maintenance of its facilities.

Appears in 3 contracts

Samples: Credit Agreement (Construction Partners, Inc.), Credit Agreement (Construction Partners, Inc.), Credit Agreement (Construction Partners, Inc.)

Maintenance of Properties. Except if the failure to do so could not reasonably be expected to have have, individually or in the aggregate, a Material Adverse Effect, (a) maintain, preserve and protect all of its tangible material properties and equipment necessary in the operation of its business in good working order, repair and condition, ordinary wear and tear excepted and fire, casualty or condemnation excepted, and (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions and additions thereof or thereto in accordance with prudent industry practicepractice and in the normal conduct of its business.

Appears in 3 contracts

Samples: Credit Agreement (ResCare Finance, Inc.), Credit Agreement (Res Care Inc /Ky/), Credit Agreement (Res Care Inc /Ky/)

Maintenance of Properties. Except if the failure to do so could not reasonably be expected to have have, individually or in the aggregate, a Material Adverse Effect, (a) maintain, preserve and protect all of its material properties and equipment necessary in the operation of its business in good working order, repair and condition, ordinary wear and tear excepted and fire, casualty or condemnation excepted, and (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions and additions thereof or thereto in accordance with prudent industry practice.

Appears in 3 contracts

Samples: Credit Agreement (Liberty Global PLC), Assignment and Assumption (Liberty Global PLC), Pledge Agreement (Liberty Global PLC)

Maintenance of Properties. Except if the failure to do so could not reasonably be expected to have a Material Adverse Effect, (a) maintainMaintain, preserve and protect all of its material tangible properties and equipment necessary in the operation of its business in good working order, repair order and condition, ordinary wear and tear excepted and casualty or condemnation excepted, events excepted to the extent that failure to do so would not reasonably be expected to have a Material Adverse Effect; and (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions repairs thereto and additions renewals and replacements thereof or thereto in accordance with prudent industry practiceexcept where the failure to do so would not reasonably be expected to have a Material Adverse Effect.

Appears in 3 contracts

Samples: Term Loan Agreement (Quiksilver Inc), Credit Agreement (Quiksilver Inc), Credit Agreement (Quiksilver Inc)

Maintenance of Properties. Except if the failure to do so where it could not be reasonably be expected to have result in a Material Adverse Effect, (a) maintain, preserve and protect all of its material properties Properties and equipment necessary in the operation of its business in good working order, repair order and condition, ordinary wear and tear excepted and casualty or condemnation excepted, and (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions repairs thereto and additions renewals and replacements thereof or thereto and (c) use the standard of care typical in accordance with prudent the industry practicein the operation and maintenance of its facilities.

Appears in 3 contracts

Samples: Credit Agreement (Atlantic Power Corp), Credit Agreement (Atlantic Power Corp), Credit Agreement (Atlantic Power Corp)

Maintenance of Properties. Except if (a) Maintain, preserve and protect in good working order and condition, ordinary wear and tear and casualty and condemnation excepted, all of (x) its Unencumbered Properties and (y) its other material properties and equipment necessary in the operation of its business, except where the failure to do so could would not reasonably be expected to have a Material Adverse Effect, (a) maintain, preserve and protect all of its material properties and equipment necessary in the operation of its business in good working order, repair and condition, ordinary wear and tear excepted and casualty or condemnation excepted, ; and (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions repairs thereto and additions renewals and replacements thereof or thereto in accordance with prudent industry practiceexcept where the failure to do so would not reasonably be expected to have a Material Adverse Effect.

Appears in 3 contracts

Samples: Credit Agreement (CIM Commercial Trust Corp), Credit Agreement (CIM Commercial Trust Corp), Term Loan Agreement (CIM Commercial Trust Corp)

Maintenance of Properties. Except if the failure to do so could would not reasonably be expected to have have, individually or in the aggregate, a Material Adverse Effect, (a) maintain, preserve and protect all of its material properties and equipment necessary in the operation of its business in good working order, repair and condition, ordinary wear and tear excepted and casualty or condemnation excepted, and (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions and additions thereof or thereto in accordance with prudent industry practicepractice and in the normal conduct of its business.

Appears in 2 contracts

Samples: Credit Agreement (Nielsen Holdings PLC), Amendment Agreement (Nielsen Holdings PLC)

Maintenance of Properties. Except if where the failure to do so could not reasonably be expected to have have, individually or in the aggregate, a Material Adverse Effect, (a) maintain, preserve and protect all of its material properties and equipment necessary in the operation of its business in good working order, repair order and condition, ordinary wear and tear excepted and casualty or condemnation excepted, and ; (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions repairs thereto and additions thereof or thereto renewals and replacements thereof; and (c) use the standard of care typical in accordance with prudent the industry practicein the operation and maintenance of its facilities.

Appears in 2 contracts

Samples: Credit Agreement (Carmax Inc), Credit Agreement (Carmax Inc)

Maintenance of Properties. Except if the failure to do so could not reasonably be expected to have a Material Adverse Effect, (a) maintainMaintain, preserve and protect all of its material properties and equipment necessary in the operation of its business in good working order, repair order and condition, ordinary wear and tear excepted and casualty or condemnation excepted, except where the failure to do so could not, individually or in the aggregate, reasonably be expected to have (i) a material adverse impact on any Product Development and Commercialization Activities or (bii) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions and additions thereof or thereto in accordance with prudent industry practicea Material Adverse Effect.

Appears in 2 contracts

Samples: Note Purchase Agreement (Revance Therapeutics, Inc.), Credit Agreement (Dermira, Inc.)

Maintenance of Properties. Except if the failure to do so could not would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect, (a) maintain, preserve and protect all of its material properties and equipment necessary in the operation of its business in good working order, repair and condition, ordinary wear and tear excepted and casualty or condemnation excepted, excepted and (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions and additions thereof or thereto in accordance with prudent industry practice practice.

Appears in 2 contracts

Samples: Credit Agreement (KORE Group Holdings, Inc.), Credit Agreement (King Pubco, Inc.)

Maintenance of Properties. Except if where the failure to do so could not reasonably be expected to have result in an Event of Default or a Material Adverse Effect, (a) maintain, preserve and protect protect, or make contractual or other provisions to cause to maintain, preserve or protect, all of its material properties and equipment necessary in the operation of its business Properties in good working order, repair order and condition, ordinary wear and tear excepted and casualty or condemnation excepted, ; and (b) make, or make contractual or other provisions to cause to be made, all necessary renewals, replacements, modifications, improvements, upgrades, extensions repairs thereto and additions thereof or thereto in accordance with prudent industry practicerenewals and replacements thereof.

Appears in 2 contracts

Samples: Bridge Loan Agreement (Senior Housing Properties Trust), Bridge Loan Agreement (Five Star Quality Care Inc)

Maintenance of Properties. Except if the failure to do so could not reasonably be expected to have a Material Adverse Effect, (a) maintainMaintain, preserve and protect all of its material properties and equipment necessary in the operation of its business in good working order, repair order and condition, ordinary wear and tear excepted and casualty or condemnation excepted, except where the failure to do so could not reasonably be expected to have a Material Adverse Effect; and (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions repairs thereto and additions renewals and replacements thereof or thereto in accordance with prudent industry practiceexcept where the failure to do so could not reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Credit Agreement (American Renal Associates LLC), Security Agreement (American Renal Associates LLC)

Maintenance of Properties. Except if the failure to do so could not reasonably be expected to have a Material Adverse Effect, (a) maintainMaintain, preserve and protect all of its material properties and equipment necessary in the operation of its business in good working order, repair order and condition, ordinary wear and tear excepted and casualty subject to exceptions for extraordinary or condemnation exceptedreasonably unforeseeable events, in each case except where the failure to do so could not reasonably be expected to have a Material Adverse Effect; and (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions repairs thereto and additions renewals and replacements thereof or thereto in accordance with prudent industry practicea reasonably timely manner except where the failure to do so could not reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Credit Agreement (Sun Communities Inc), Credit Agreement (Sun Communities Inc)

Maintenance of Properties. Except if the failure to do so could not reasonably be expected to have a Material Adverse Effect, (a) maintainMaintain, preserve and protect all of its material properties and equipment necessary in the operation of its business in good working order, repair order and condition, ordinary wear and tear excepted and casualty or condemnation excepted, ; and (b) make all necessary renewalsrepairs thereto and renewals and replacements thereof, replacements, modifications, improvements, upgrades, extensions and additions thereof or thereto except in accordance with prudent industry practiceall cases where the failure to do so could not reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Credit Agreement (Pacific Sunwear of California Inc), Credit Agreement (Pacific Sunwear of California Inc)

Maintenance of Properties. Except if the failure to do so could not reasonably be expected to have have, individually or in the aggregate, a Material Adverse Effect, (a) maintain, preserve and protect all of its material properties and equipment necessary in the operation of its business in good working order, repair and condition, ordinary wear and tear excepted and casualty or condemnation excepted, excepted and (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions repairs thereto and additions thereof or thereto in accordance with prudent industry practicerenewals and replacements thereof.

Appears in 2 contracts

Samples: Credit Agreement (eHealth, Inc.), Credit Agreement (eHealth, Inc.)

Maintenance of Properties. Except if the failure to do so could would not reasonably be expected to have a Material Adverse Effect, (a) maintain, preserve and protect all of its material properties and equipment necessary in the operation of its business in good working order, repair and condition, ordinary wear and tear excepted and casualty or and condemnation excepted, and (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions and additions thereof or thereto to material properties and equipment in accordance with prudent industry practice.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (System1, Inc.), Credit and Guaranty Agreement (System1, Inc.)

Maintenance of Properties. Except if to the extent that the failure to do so could not reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect, (a) maintain, preserve and protect all of its properties and equipment necessary in the operation of its business in good working order and condition, ordinary wear and tear and casualty events excepted; and (b) make all necessary repairs thereto and renewals and replacements thereof except, in each case, where the failure to do so could not reasonably be expected to have a Material Adverse Effect, (a) maintain, preserve and protect all of its material properties and equipment necessary in the operation of its business in good working order, repair and condition, ordinary wear and tear excepted and casualty or condemnation excepted, and (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions and additions thereof or thereto in accordance with prudent industry practice.

Appears in 2 contracts

Samples: Credit Agreement (Foot Locker, Inc.), Security Agreement (Foot Locker, Inc.)

Maintenance of Properties. Except if Maintain or cause to be maintained in good repair, working order and condition, ordinary wear and tear and casualty and condemnation excepted, all material properties useful and necessary in the business of the Borrower and its Restricted Subsidiaries and from time to time will make or cause to be made all appropriate repairs, renewals and replacements thereof, except where the failure to do so could not reasonably be expected to have have, individually or in the aggregate, a Material Adverse Effect, (a) maintain, preserve and protect all of its material properties and equipment necessary in the operation of its business in good working order, repair and condition, ordinary wear and tear excepted and casualty or condemnation excepted, and (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions and additions thereof or thereto in accordance with prudent industry practice.

Appears in 2 contracts

Samples: Term Loan Credit and Guaranty Agreement (2U, Inc.), Term Loan Credit and Guaranty Agreement (2U, Inc.)

Maintenance of Properties. Except if the failure to do so could not reasonably be expected to have have, individually or in the aggregate, a Material Adverse Effect, (a) maintain, preserve and protect all of its material properties and equipment necessary used in the operation of its business in good working order, repair and condition, ordinary wear and tear excepted and casualty or condemnation excepted, and (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions and additions thereof or thereto in accordance with prudent industry practice.

Appears in 2 contracts

Samples: Securities Pledge Agreement (Cra International, Inc.), Credit Agreement (Cra International, Inc.)

Maintenance of Properties. Except if the failure to do so could not not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect, (a) maintain, preserve and protect all of its material properties properties, equipment and equipment other assets necessary in the operation of its business in good working order, repair and condition, ordinary wear and tear excepted and casualty or condemnation excepted, and (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions and additions thereof or thereto in accordance with prudent industry practice.

Appears in 2 contracts

Samples: Credit Agreement (King Digital Entertainment PLC), Credit Agreement (King Digital Entertainment PLC)

Maintenance of Properties. Except if the failure to do so could not not, either individually or in the aggregate, reasonably be expected to have a Material Adverse Effect, (a) maintain, preserve and protect all of its material properties and equipment necessary in the operation of its business in good working order, repair and condition, ordinary wear and tear excepted and casualty or condemnation excepted, excepted and (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions and additions thereof or thereto generally in accordance with prudent industry practicepractice in all material respects.

Appears in 2 contracts

Samples: Credit Agreement (Bright Horizons Family Solutions Inc.), Credit Agreement (Bright Horizons Family Solutions Inc.)

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