Common use of Maintenance of Property; Insurance Clause in Contracts

Maintenance of Property; Insurance. (a) The Borrower will keep, and will cause each Subsidiary to keep, all property useful and necessary in its business in good working order and condition, ordinary wear and tear excepted.

Maintenance of Property; Insurance. (a) The Borrower Company will keep, and will cause each Subsidiary to keep, all property useful and necessary in its business in good working order and condition, ordinary wear and tear excepted.

Maintenance of Property; Insurance. (a) The Borrower will keepKeep, and will cause each Subsidiary to keep, all property useful and necessary in its the business of the Company or such Subsidiary in good working order and condition, ordinary wear and tear excepted.

Maintenance of Property; Insurance. (a) The Borrower Company will keep, and will cause each Significant Subsidiary to keep, all property useful and necessary in its business in good working order and condition, ordinary wear and tear excepted.

Maintenance of Property; Insurance. (a) The Borrower will keep, and will cause each Subsidiary to keep, all material property useful and necessary in its business in good working order and condition, ordinary wear and tear excepted.

Maintenance of Property; Insurance. (a) The Borrower will keep, and will cause each Material Subsidiary to keep, all property useful and necessary in its business in good working order and condition, ordinary wear and tear excepted.

Maintenance of Property; Insurance. (a) The Borrower will keep, and will cause each Subsidiary of its Subsidiaries to keep, all property useful and necessary in its business in good working order and condition, ordinary wear and tear excepted.

Maintenance of Property; Insurance. (a) The Borrower will keep, and will cause each Restricted Subsidiary to keep, all material property useful and necessary in its business in good working order and condition, ordinary normal wear and tear excepted.

Maintenance of Property; Insurance. (a) The Borrower will keep, and will cause each Subsidiary of its Subsidiaries to keep, or will in the ordinary course of business cause the tenants of respective properties to keep, all property materially useful and necessary in its business in good working order and condition, ordinary wear and tear excepted.

Maintenance of Property; Insurance. (a) The Such Borrower will keepmaintain, and will cause each Significant Subsidiary to keepmaintain, all material property useful and necessary in the business of such Borrower and its business Significant Subsidiaries, taken as a whole, in good working order and condition, ordinary wear and tear excepted, except where failure to do so would not reasonably be expected to have a Material Adverse Effect with respect to such Borrower and its Subsidiaries, taken as a whole.

Maintenance of Property; Insurance. (a) The Borrower will keep, and will cause each Subsidiary of its Subsidiaries to keep, all property useful and necessary in its business in good working order and condition, ordinary wear and tear excepted, except where the failure to do so could not reasonably be expected to result in a Material Adverse Change.

Maintenance of Property; Insurance. (a) The Borrower Company will keep, and will cause each Subsidiary to keep, all property which, in the reasonable business judgment of the Company, is useful and necessary in its business in good working order and condition, ordinary wear and tear excepted.

Maintenance of Property; Insurance. (a) The Borrower and each Material Subsidiary will keep, and will cause each Subsidiary to keep, keep all property useful and necessary in its business in good working order and condition, ordinary wear and tear excepted.

Maintenance of Property; Insurance. (a) The Borrower will keep, and will cause each Domestic Subsidiary to keep, all property useful and necessary in its business in good working order and condition, ordinary wear and tear excepted.

Maintenance of Property; Insurance. (a) The Borrower will keep, and will cause each Significant Subsidiary to keep, all property useful and necessary in its business in good working order and condition, ordinary wear and tear excepted, except where failure to do so would not have a material adverse effect on the business, financial position, results of operations or prospects of the Borrower and its Consolidated Subsidiaries, considered as a whole.

Maintenance of Property; Insurance. (a) The Borrower will keep, and will cause each Significant Subsidiary to keep, all property useful and necessary in its business in good working order and condition, ordinary wear and tear excepted, except where failure to do so would not have a material adverse effect on the business, financial position, results of operations or prospects of the Borrower and its Subsidiaries, considered as a whole.

Maintenance of Property; Insurance. (a) The Borrower will keep, and will cause each Significant Subsidiary to keep, all material property useful and necessary in its business in good working order and condition, ordinary wear and tear excepted.

Maintenance of Property; Insurance. (a) The Borrower will keep, and will cause each Material Subsidiary of the Borrower to keep, all material property useful and necessary in its business in good working order and condition, ordinary wear and tear excepted.

Maintenance of Property; Insurance. (a) The Borrower will keep, and will cause each Subsidiary of its Subsidiaries to keep, all material property useful and necessary in its business in good working order and condition, ordinary wear and tear excepted.

Maintenance of Property; Insurance. (a) The Each Borrower will keep, and will cause each Subsidiary of its Subsidiaries to keep, all material property useful and necessary in its business in good working order and condition, ordinary wear and tear excepted.

Maintenance of Property; Insurance. (a) The Borrower will keep, and will cause each Subsidiary to keep, all property useful and necessary in its business in good working order and condition, ordinary wear and tear excepted.

Maintenance of Property; Insurance. (a) The Borrower will keep, and will cause each Subsidiary to keep, all property useful and necessary in its business in good working order and condition, ordinary wear and tear excepted, provided that no item of property need be so kept if the failure to keep it so individually or in the aggregate with all other items not so kept by the Borrower and its Subsidiaries could not reasonably be expected to have a Material Adverse Effect.

Maintenance of Property; Insurance. (a) The Borrower Borrowers will keep, and will cause each Subsidiary to keep, all property useful and necessary in its business as then conducted in good working order and condition, ordinary wear and tear excepted.

Maintenance of Property; Insurance. (a) The Borrower Company will keep, and will cause each Subsidiary of its Subsidiaries to keep, all property useful and necessary in its business in good working order and condition, ordinary wear and tear excepted.

Maintenance of Property; Insurance. (a) The Such Borrower will keep, and will cause each Significant Subsidiary to keep, all material property useful and necessary in its business in good working order and condition, ordinary wear and tear excepted.

Maintenance of Property; Insurance. (a) The Such Borrower will keep, and will cause each Material Subsidiary of such Borrower to keep, all material property useful and necessary in its business in good working order and condition, ordinary wear and tear excepted.

Maintenance of Property; Insurance. (a) The Borrower will keep, and will cause each Subsidiary to keep, all property useful and necessary in its business in good working order and condition, ordinary wear and tear excepted.

Maintenance of Property; Insurance. (a) The Borrower will keep, and will cause each Significant Subsidiary to keep, all material property useful and necessary in its business in good working order and condition, ordinary wear and tear tear, casualty and condemnation excepted.

Maintenance of Property; Insurance. (a) The Borrower will keep, and will cause each Subsidiary (other than any Public Subsidiary) to keep, all property useful and necessary in its business in good working order and condition, ordinary wear and tear and insured casualty losses excepted.

Maintenance of Property; Insurance. (a) The Each Borrower will keep, and will cause each Subsidiary to keep, all material tangible property useful and necessary in its business in good working order and condition, ordinary wear and tear and casualty events excepted; and make all necessary repairs and/or restore the affected property in a good and workmanlike manner, regardless of whether Agent agrees to disburse insurance proceeds or other sums to pay costs of the work of repair or reconstruction, except where the failure to do so could not reasonably be expected to have a Material Adverse Effect.

Maintenance of Property; Insurance. (a) The Such Borrower will keep, and will cause each Subsidiary of its Material Subsidiaries to keep, all property useful and necessary in its business in good working order and condition, ordinary wear and tear excepted.

Maintenance of Property; Insurance. (a) The Borrower will keep, and will cause each Subsidiary of its Material Subsidiaries to keep, all property useful and necessary in its business in good working order and condition, ordinary wear and tear excepted, except where the failure to do so would not have a material adverse effect on the business, financial position or results of operations of the Borrower and its Consolidated Subsidiaries, considered as a whole.

Maintenance of Property; Insurance. (a) The Borrower will keep, and will cause each Consolidated Subsidiary to keep, all property deemed by the Borrower to be useful and necessary in to its business in good working such order and condition, ordinary wear and tear exceptedcondition as the Borrower shall consider prudent.

Maintenance of Property; Insurance. (a) The Each Borrower will keep, and will cause each Subsidiary to keep, all property useful and necessary in its business in good working order and condition, ordinary wear and tear excepted. If all or any part of the tangible Collateral useful or necessary in its business becomes damaged or destroyed, each Borrower will, and will cause each Subsidiary to, promptly repair and/or restore the affected Collateral in a good and workmanlike manner.

Maintenance of Property; Insurance. (a) The Borrower will keep, and will cause each Significant Subsidiary to keep, all property useful and necessary in its business in good working order and condition, ordinary wear and tear excepted; provided that the Borrower or any Significant Subsidiary may sell, lease or exchange surplus or worn-out equipment in the ordinary course of business and any assets employed in a discontinued line of business.

Maintenance of Property; Insurance. (a) The Such Borrower will keep, and will cause each Subsidiary of its Material Subsidiaries to keep, all property useful and necessary in its business in good working order and condition, ordinary wear and tear excepted, except where the failure to do so would not have a material adverse effect on the business, financial position or results of operations of such Borrower and its Consolidated Subsidiaries, considered as a whole.

Maintenance of Property; Insurance. (a) The Borrower will keep, and will cause each Subsidiary of its Subsidiaries to keep, all property useful and necessary in its business in good working order and condition, ordinary wear and tear excepted.

Maintenance of Property; Insurance. (a) The Borrower will shall keep, and will shall cause each Subsidiary to keep, all property useful and necessary in its business in good working order and condition, ordinary wear and tear excepted.

Maintenance of Property; Insurance. (a) The Each Borrower will keep, and will cause each Subsidiary of its Subsidiaries to keep, all property useful and necessary in its business in good working order and condition, ordinary wear and tear excepted.

Maintenance of Property; Insurance. (a) The Each Borrower will keep, and will cause each Subsidiary to keep, all property useful and necessary in its business in good working order and condition, ordinary wear and tear excepted. If all or any part of the Collateral necessary in its business becomes damaged or destroyed, each Borrower will, and will cause each Subsidiary to, promptly and completely repair and/or restore the affected Collateral in a good and workmanlike manner.

Maintenance of Property; Insurance. (a) The Each Borrower will will, to the best of its ability, keep, and will cause each Subsidiary of its Consolidated Subsidiaries to keep, all material property useful and necessary in its business in good working order and condition, ordinary wear and tear excepted.

Maintenance of Property; Insurance. (a) The Borrower will keepshall, and will shall cause each Subsidiary to keepof its Subsidiaries to, keep all property useful and material or necessary in to its business in good working order and condition, condition (ordinary wear and tear excepted).

Maintenance of Property; Insurance. (a) The Each Borrower will keep, and will cause each Subsidiary of its Material Subsidiaries to keep, all property useful and necessary in its business in good working order and condition, ordinary wear and tear excepted, except where the failure to do so could not, in the aggregate, reasonably be expected to have a Material Adverse Effect.

Maintenance of Property; Insurance. (a) The Borrower will keep, and will cause each Subsidiary to keep, all property and equipment useful and necessary in its business in good working order and conditioncondition to the extent required by sound business practices, ordinary wear and tear excepted.

Maintenance of Property; Insurance. (a) The Borrower Company will keep, and will cause each Subsidiary to keep, all of its property useful and necessary in its business in good working order and condition, ordinary wear and tear excepted.

Maintenance of Property; Insurance. (a) The Borrower will keep, and will maintain or cause each Subsidiary to keep, all property useful and necessary in its business be maintained in good repair, working order and conditioncondition all properties used and useful in the business of the Borrower and each Consolidated Subsidiary and from time to time will make or cause to be made all appropriate repairs, ordinary wear renewals and tear exceptedreplacement thereof, except where the failure to do so would not have a material adverse effect on the Borrower and its Consolidated Subsidiaries taken as a whole.

Maintenance of Property; Insurance. (a) The a)The Borrower will keep, and will cause each Subsidiary of its Material Subsidiaries to keep, all property useful and necessary in its business in good working order and condition, ordinary wear and tear excepted, except where the failure to do so would not have a material adverse effect on the business, financial position or results of operations of the Borrower and its Consolidated Subsidiaries, considered as a whole.

Maintenance of Property; Insurance. (a) The Borrower will keep, and will cause each Subsidiary to keep, all property useful and necessary in its business in good working order and condition, ordinary wear and tear and insured casualty losses excepted.

Maintenance of Property; Insurance. (a) The Borrower will keepKeep, and will cause each Restricted Subsidiary to keep, all property useful and necessary in its the business of the Borrower and the Restricted Subsidiaries in good working order and condition, ordinary wear and tear excepted.

Maintenance of Property; Insurance. (a) The Borrower Each Obligor will keep, and will cause each Subsidiary to keep, all property useful and necessary in its business in good working order and condition, ordinary wear and tear excepted. If all or any part of the Collateral useful or necessary in its business becomes damaged or destroyed, each Obligor will, and will cause each Subsidiary to, promptly and completely repair and/or restore the affected Collateral in a good and workmanlike manner.

Maintenance of Property; Insurance. (a) The Borrower will keep, and will cause each Subsidiary of its Subsidiaries to keep, all property useful and necessary in its business in good working order and condition, ordinary wear and tear exceptedexpected.

Maintenance of Property; Insurance. (a) The Borrower will keep, and will cause each Subsidiary to keep, all property useful and necessary in its business in good normal working order and condition, ordinary wear and tear excepted.

Maintenance of Property; Insurance. (a) The Borrower Guarantor will keep, and will cause each Subsidiary to keep, all property useful and necessary in its business in good working order and condition, ordinary wear and tear excepted.

Maintenance of Property; Insurance. (a) The Borrower will keep, and will cause each Subsidiary to keep, all property material properties useful and necessary in its business in good working order and condition, ordinary wear and tear excepted.

Maintenance of Property; Insurance. (a) The Borrower will keepwill, and will cause on behalf of each Subsidiary to keepother Group Member, keep all material property and systems useful and necessary in its business in good working order and condition, ordinary wear and tear excepted.

Maintenance of Property; Insurance. (a) The Borrower Company will keep, and will cause each Restricted Subsidiary to keep, all property useful and necessary in its business in good working order and condition, ordinary wear and tear excepted.

Maintenance of Property; Insurance. (a) The Borrower will keepKeep, and will cause each Restricted Subsidiary to keep, all property useful and necessary in its the business of Borrower or such Restricted Subsidiary in good working order and condition, ordinary wear and tear excepted.

Maintenance of Property; Insurance. (a) The Borrower will keep, and will cause each Subsidiary to keep, all property useful and necessary in its business in good working order and condition, ordinary wear and tear excepted.

Maintenance of Property; Insurance. (a) The Borrower will keep, and will cause each Subsidiary of its Domestic Subsidiaries (and, prior to the Effective Time, each other Loan Party and its Domestic Subsidiaries) to keep, all property useful and necessary in its business in good working order and condition, ordinary wear and tear excepted.

Maintenance of Property; Insurance. (a) The Each Borrower will keep, and the Company will cause each Material Subsidiary to keep, all property useful and necessary in its business material to their respective businesses in good working order and condition, ordinary wear and tear excepted.

Maintenance of Property; Insurance. (a) The Borrower will keep, and will cause each Material Subsidiary to keep, all property useful and necessary in its business in good working order and conditioncondition or covered by adequate insurance in accordance with Section 5.3(b), ordinary wear and tear excepted.

Maintenance of Property; Insurance. (a) The Borrower will keepKeep, and will cause each Subsidiary to keep, all property useful and necessary in its the business in good working order and condition, ordinary wear and tear excepted.

Maintenance of Property; Insurance. (a) The Borrower will keep, and will cause each Subsidiary to keep, all property useful and necessary in its business in good working order and condition, ordinary wear and tear excepted, unless the failure to do so would not have a material adverse effect on the business, financial position or results of operations of the Borrower and its Consolidated Subsidiaries, considered as a whole.

Maintenance of Property; Insurance. (a) The Borrower will keepKeep, and will cause each Subsidiary to keep, all property useful and necessary in its the business of the Borrower or such Subsidiary in good working order and condition, ordinary wear and tear excepted.

Maintenance of Property; Insurance. (a) The Borrower will Each Obligor shall keep, and will shall cause each Consolidated Subsidiary to keep, all property useful and necessary in its their business in good working order and condition, ordinary wear and tear excepted.

Maintenance of Property; Insurance. (a) The Borrower will keep, and will cause each Subsidiary to keep, all property useful and necessary in its business in reasonably good working order and condition, ordinary wear and tear excepted.

Maintenance of Property; Insurance. (a) The Each Borrower will keep, and will cause each Subsidiary to keep, all property useful and necessary in its business in good working order and condition, ordinary wear and tear excepted. If all or any part of the Collateral useful or necessary in its business, or upon which any Borrowing Base is calculated, becomes damaged or destroyed, each Borrower will, and will cause each Subsidiary to, promptly and completely repair and/or restore the affected Collateral in a good and workmanlike manner.

Maintenance of Property; Insurance. (a) The Borrower will keep, and will cause each Major Subsidiary to keep, all material property useful and necessary in its business in good working order and condition, ordinary wear and tear excepted.

Maintenance of Property; Insurance. (a) The Borrower Guarantor will keep, and will cause each Subsidiary to keep, all property useful and necessary in its business in good working order and condition, ordinary wear and tear excepted.

Maintenance of Property; Insurance. (a) The Borrower Company will keep, and will cause each Principal Subsidiary to keep, all property useful and necessary in its business in good working order and condition, ordinary wear and tear excepted.

Maintenance of Property; Insurance. (a) The Borrower will keepKeep, and will cause each other Co-Borrower and Subsidiary to keep, all property useful and necessary in its the business of the Co-Borrowers in good working order and condition, ordinary wear and tear excepted.

Maintenance of Property; Insurance. (a) The Borrower will keepkeep (or cause to be kept through its leases at the respective Real Property Assets), and will cause each Subsidiary to keep, all property useful and necessary in its business business, including without limitation the Real Property Assets, in good repair, working order and condition, ordinary wear and tear excepted.

Maintenance of Property; Insurance. (a) The Borrower will keep, and will cause each Subsidiary to keep, all property useful and necessary in its business in good working order and conditioncondition (ordinary, ordinary wear and tear and unexpected accidents or catastrophes excepted), except to the extent the non-maintenance of which could not reasonably be expected to have a material adverse affect on the business, operations or financial condition of the Borrower and its Consolidated Subsidiaries, taken as a whole.

Maintenance of Property; Insurance. (a) The Borrower will keep, and will cause each Subsidiary of its Subsidiaries to keep, all property useful and necessary in its respective business in good working order and condition, ordinary wear and tear excepted.

Maintenance of Property; Insurance. (a) The Borrower will keep, and will cause each Significant Subsidiary to keep, all property useful and necessary in material to its business in good working order and condition, ordinary wear and tear excepted.

Maintenance of Property; Insurance. (a) The Borrower will keep, and will cause each Significant Subsidiary to keep, all property useful and deemed by the Borrower to be necessary in to its business in good working such order and conditioncondition as the Borrower shall consider prudent, ordinary wear and tear excepted.

Maintenance of Property; Insurance. (a) The Borrower will keepwill, and will cause each Subsidiary to keepof its Subsidiaries to, (i) keep all property useful necessary to the business of the Borrower and necessary its Subsidiaries in its business in reasonably good working order and condition, ordinary wear and tear excepted.,

Maintenance of Property; Insurance. (ai) The Borrower the Guarantor will keep, and will cause each Subsidiary (other than any Public Subsidiary) to keep, all property useful and necessary in its business in good working order and condition, ordinary wear and tear and insured casualty losses excepted.

Maintenance of Property; Insurance. (a) The Borrower will keep, and will cause each Subsidiary to keep, all property useful and necessary in its business in good working order and conditioncondition to the extent required by sound business practices, ordinary wear and tear excepted.

Maintenance of Property; Insurance. (a) The Borrower will keepKeep, and will cause each Subsidiary to keep, all property useful and necessary in its the business of the Loan Parties in good working order and condition, ordinary wear and tear excepted.

Maintenance of Property; Insurance. (a) The ---------------------------------- Borrower will keep, and will cause each Significant Subsidiary to keep, all property useful and necessary in its business as then conducted in good working order and condition, ordinary wear and tear excepted.

Maintenance of Property; Insurance. (a) The Borrower will keep, and will cause each Significant Subsidiary to keep, all property useful and necessary in material to its business in good working order and condition, ordinary wear and tear excepted.

Maintenance of Property; Insurance. (a) The Borrower Borrowers will keep, and will cause each Subsidiary to keep, all property useful and necessary in its business in good working order and condition, ordinary wear and tear excepted.

Maintenance of Property; Insurance. (a) The Borrower Company will keep, and will cause each Subsidiary to keep, all property useful and necessary in its business in good working order and condition, ordinary wear and tear and fully insured casualty excepted.

Maintenance of Property; Insurance. (a) The Borrower ---------------------------------- will keep, and will cause each Restricted Subsidiary to keep, all material property useful and necessary in its business in good working order and condition, ordinary normal wear and tear excepted.

Maintenance of Property; Insurance. (a) The Borrower will keep, and will cause each Subsidiary to keep, all property useful and necessary in its business in good working order and condition, ordinary ordinary, wear and tear excepted.

Maintenance of Property; Insurance. (a) The Borrower will keep, maintain and preserve (and will cause each Subsidiary of the Borrower to keep, maintain and preserve) all property useful and necessary in of its business fixed assets in good working order and condition, ordinary wear making all necessary repairs thereto and tear excepted.replacements

Maintenance of Property; Insurance. (a) The Each Borrower will keep, and will cause each Subsidiary to keep, all property useful and necessary in its business in good working order and condition, ordinary wear and tear excepted. If all or any part of the Collateral useful and necessary in its business, or upon which any Borrowing Base is calculated, becomes damaged or destroyed, each Borrower will, and will cause each Subsidiary to, promptly and completely repair and/or restore the affected Collateral in a good and workmanlike manner.

Maintenance of Property; Insurance. (a) The Borrower will keep, and will cause each Material Subsidiary to keep, all material items of property useful and necessary in its business in good working order and condition, ordinary wear and tear and damage from casualty excepted.

Maintenance of Property; Insurance. (a) The Borrower will keep, and will cause each Subsidiary to keep, all property useful and necessary in its business in good working order and conditioncondition (ordinary, ordinary wear and tear and unexpected accidents or catastrophes excepted), except to the extent the non-maintenance of which could not reasonably be expected to have a material adverse affect on the business, operations or financial condition of the Borrower and its Consolidated Subsidiaries, taken as a whole.

Maintenance of Property; Insurance. (a) The Borrower will keep, and will cause each Subsidiary its Subsidiaries to keep, all property useful and necessary in its their business in good working order and condition, ordinary wear and tear and transactions permitted under Section 5.04 excepted.

Maintenance of Property; Insurance. (a) The Parent Borrower will keep, and will cause each Restricted Subsidiary to keep, all material property useful and necessary in its business in good working order and condition, ordinary normal wear and tear excepted.

Maintenance of Property; Insurance. (a) The Borrower will keep, and will cause each Material Restricted Subsidiary to keep, all property useful and necessary in its business in good working order and condition, ordinary wear and tear excepted.

Maintenance of Property; Insurance. (a) The Borrower will keepKeep, and will cause each Restricted Subsidiary to keep, all property useful and necessary in its the business of the Borrower and the Restricted Subsidiaries in good working order and condition, ordinary wear and tear excepted.. 77

Maintenance of Property; Insurance. (a) The Borrower and the Company will keepkeep (or cause to be kept through its leases at the respective Real Property Assets), and will cause each Consolidated Subsidiary to keep, all property useful and necessary in its business business, including without limitation the Real Property Assets, in good repair, working order and condition, ordinary wear and tear excepted.

Maintenance of Property; Insurance. (a) The Borrower will keep, and will cause each Subsidiary to keep, all property useful and necessary in to its business in good working order and condition, ordinary wear and tear excepted.

Maintenance of Property; Insurance. (a) The Each Borrower will will, to the best of its ability, keep, and will cause each Subsidiary of its Consolidated Subsidiaries to keep, all material property useful and necessary in its business in good working order and condition, ordinary wear and tear and casualties excepted.

Maintenance of Property; Insurance. (a) The Borrower will keep, and will cause each Subsidiary to keep, all property useful and necessary in its business in good working order and condition, ordinary wear and tear excepted; provided that nothing in this Section shall prevent the Borrower or any Subsidiary from disposing of any of its assets in the ordinary course of business.

Maintenance of Property; Insurance. (a) The Each Borrower will keepwill, and will cause each Subsidiary to keepto, keep all property useful and necessary in its business in good working order and condition, ordinary wear and tear excepted.

Maintenance of Property; Insurance. (a) The Borrower Each Specified Company will keep, and will cause each Subsidiary to keep, all property useful and necessary in its business in good working order and condition, ordinary wear and tear and casualty (subject to the obligations to repair if such Specified Company or such Subsidiary so elected pursuant to Section 6.2(d)(i)) excepted.