Common use of Construction, Repair, Waste, Etc Clause in Contracts

Construction, Repair, Waste, Etc. Mortgagor agrees (i) that no building or other improvement on the Mortgaged Premises and constituting a part thereof shall be materially altered, removed or demolished nor shall any fixtures or appliances on, in or about said buildings or improvements be severed, removed, sold or mortgaged, without the consent of Mortgagee and in the event of the demolition or destruction in whole or in part of any of the fixtures, chattels or articles of personal property covered hereby, Mortgagor covenants that the same will be replaced promptly by similar fixtures, chattels and articles of personal property at least equal in quality and condition to those replaced, free from any security interest in or encumbrance thereon or reservation of title thereto; (ii) to permit, commit or suffer no waste, impairment or deterioration of the Mortgaged Premises or any part thereof; (iii) to keep and maintain said Mortgaged Premises and every part thereof in good repair and condition, typical of like properties with similar uses; (iv) to effect such repairs as Mortgagee may reasonably require and from time to time to make all needful and proper replacements and additions so that said buildings, fixtures, machinery and appurtenances will, at all times, be in good condition, typical of like properties with similar uses, and fit and proper for the respective purposes for which they were originally erected or installed; (v) to comply with all statutes, orders, requirements or decrees relating to the Mortgaged Premises by any federal, state or municipal authority; (vi) to observe and comply with all conditions and requirements necessary to preserve and extend any and all rights, licenses, permits (including, but not limited to, zoning variances, special exceptions and non-conforming uses), privileges, franchises and concessions which are applicable to the Mortgaged Premises or which have been granted to or contracted for by Mortgagor in connection with any existing or presently contemplated use of the Mortgaged Premises or any part thereof and not to initiate or acquiesce in any changes to or terminations of any of the foregoing or of zoning classifications affecting the use to which the Mortgaged Premises or any part thereof may be put without the prior written consent of Mortgagee; and (vii) to make no material alterations in or improvements or additions to the Mortgaged Premises except as required by governmental authority or as permitted by Mortgagee.

Construction, Repair, Waste, Etc. Mortgagor agrees (i) that no building or other improvement on the Mortgaged Premises and constituting a part thereof shall be materially altered, removed or demolished nor shall any fixtures or appliances on, in or about said buildings or improvements be severed, removed, sold or mortgaged, without the consent of Mortgagee and in the event of the demolition or destruction in whole or in part of any of the fixtures, chattels or articles of personal property covered hereby, Mortgagor covenants that the same will be replaced promptly by similar fixtures, chattels and articles of personal property at least equal in quality and condition to those replaced, free from any security interest in or encumbrance thereon or reservation of title thereto; (ii) to permit, commit or suffer no waste, impairment or deterioration of the Mortgaged Premises or any part thereof; (iii) to keep and maintain said Mortgaged Premises and every part thereof in good and first class repair and condition, typical of like properties with similar uses; (iv) to effect such repairs as Mortgagee may reasonably require and from time to time to make all needful and proper replacements and additions so that said buildings, fixtures, machinery and appurtenances will, at all times, be in good and first class condition, typical of like properties with similar uses, and fit and proper for the respective purposes for which they were originally erected or installed; (v) to comply with all statutes, orders, requirements or decrees relating to the Mortgaged Premises by any federal, state or municipal authority; (vi) to observe and comply with all conditions and requirements necessary to preserve and extend any and all rights, licenses, permits (including, but not limited to, zoning variances, special exceptions and non-conforming uses), privileges, franchises and concessions which are applicable to the Mortgaged Premises or which have been granted to or contracted for by Mortgagor in connection with any existing or presently contemplated use of the Mortgaged Premises or any part thereof and not to initiate or acquiesce in any changes to or terminations of any of the foregoing or of zoning classifications affecting the use to which the Mortgaged Premises or any part thereof may be put without the prior written consent of Mortgagee; and (vii) to make no material alterations in or improvements or additions to the Mortgaged Premises except as required by governmental authority or as permitted by Mortgagee.

Construction, Repair, Waste, Etc. Mortgagor Grantor agrees (i) that no building or other improvement on the Mortgaged Premises and constituting a part thereof shall be materially altered, removed or demolished nor shall any material fixtures or appliances on, in or about said buildings or improvements be severed, removed, sold or mortgaged, without the consent of Mortgagee Beneficiary or the holder of the indebtedness hereby secured and in the event of the demolition or destruction in whole or in material part of any of the fixtures, chattels or similar articles of personal property covered hereby, Mortgagor Grantor covenants that the same will be replaced promptly by similar fixtures, chattels and articles of personal property at least equal in quality and condition to those replacedreplaced (unless the Grantor, in the exercise of its commercially reasonable judgment, deems it unnecessary to replace such property), free from any security interest in or encumbrance thereon or reservation of title theretothereto other than liens permitted by the Credit Agreement and the Permitted Exceptions; provided, however, that Grantor may alter, remove or demolish any such building, improvement, fixture or appliance, and need not replace any such fixtures or personal property, in each case to the extent such action (i) is desirable to the proper conduct of the business of Grantor in the ordinary course as presently conducted and otherwise in the best interest of Grantor, (ii) does not impair the overall value or utility of the Mortgaged Premises and Grantor's other related properties as an integrated facility, (iii) does not decrease the efficiency or capacity of the Mortgaged Premises and (iv) does not impair the rights and benefits under this Deed of Trust of the Secured Creditors. Grantor further agrees to permit, commit or suffer no material waste, impairment or deterioration of the Mortgaged Premises or any part thereof; (iii) to keep and maintain said Mortgaged Premises and every part thereof in good repair working condition (ordinary wear and condition, typical of like properties with similar usestear excepted); (iv) to effect such repairs as Mortgagee Beneficiary or the holder of the indebtedness hereby secured may reasonably require and from time to time to make all needful and proper replacements and additions so that said buildings, fixtures, machinery and appurtenances will, at all times, be in good conditionworking condition (ordinary wear and tear excepted), typical of like properties with similar uses, and fit and proper for the respective purposes for which they were originally erected or installedare being used by Grantor; (v) to comply with all statutes, orders, requirements or decrees relating to the Mortgaged Premises by any federalFederal, state State or municipal authority, noncompliance with which could have a material adverse effect on the financial condition, properties, business or operations of the Grantor; (vi) to observe and comply with all conditions and requirements necessary to preserve and extend any and all rights, licenses, permits (including, but not limited to, zoning variances, special exceptions and non-conforming uses), privileges, franchises and concessions which are applicable to the Mortgaged Premises or which have been granted to or contracted for by Mortgagor Grantor in connection with any existing or presently contemplated use of the Mortgaged Premises or any part thereof and which are necessary in the operation of the Grantor's business and not to initiate or acquiesce in any changes to or terminations of any of the foregoing or of zoning classifications affecting the use to which the Mortgaged Premises or any part thereof may be put and which are necessary in the operation of the Grantor's business without the prior written consent of MortgageeBeneficiary or the holder of the indebtedness hereby secured; and (vii) to make no material alterations in or improvements or additions to the Mortgaged Premises which would impair the overall value or utility of the Mortgaged Premises and Grantor's other related properties as an integrated facility or which would impair the rights and benefits under this Deed of Trust of the Trustee or the holder of any indebtedness hereby secured, except as required by governmental authority or pursuant to the Credit Agreement or as permitted by MortgageeBeneficiary or the holder of the indebtedness hereby secured.

Construction, Repair, Waste, Etc. Mortgagor agrees (i) that no building or other improvement on the Mortgaged Premises and constituting a part thereof shall be materially altered, removed or demolished nor shall any fixtures or appliances on, in in, or about said buildings or improvements be severed, removed, sold or mortgaged, without the consent of Mortgagee Mortgagee, and in the event of the demolition or destruction in whole or in part of any of the fixtures, chattels or articles of personal property fixtures covered hereby, Mortgagor covenants that the same will be replaced promptly by similar fixtures, chattels and articles of personal property fixtures at least equal in quality and condition to those replaced, free from any security interest in or encumbrance thereon or reservation of title thereto; (ii) to permit, commit or suffer no waste, impairment or deterioration of the Mortgaged Premises or any part thereof; (iii) to keep and maintain said Mortgaged Premises and every part thereof in good and first class repair and condition, typical of like properties with similar uses; (iv) to effect such repairs as Mortgagee may reasonably require and from time to time to make all needful and proper replacements and additions so that said buildings, fixtures, machinery and appurtenances will, at all times, be in good and first class condition, typical of like properties with similar uses, and fit and proper for the respective purposes for which they were originally erected or installed; (v) to comply with all statutes, orders, requirements or decrees relating to the Mortgaged Premises by any federal, state or municipal authority; (vi) to observe and comply with all conditions and requirements necessary to preserve and extend any and all rights, licenses, permits (including, but not limited to, zoning variances, special exceptions and non-conforming uses), privileges, franchises and concessions which are applicable to the Mortgaged Premises or which have been granted to or contracted for by Mortgagor in connection with any existing or presently contemplated use of the Mortgaged Premises or any part thereof and not to initiate or acquiesce in any changes to or terminations of any of the foregoing or of zoning classifications affecting the use to which the Mortgaged Premises or any part thereof may be put without the prior written consent of Mortgagee; and (vii) to make no material alterations in or improvements or additions to the Mortgaged Premises except as required by governmental authority or as permitted by Mortgagee.

Construction, Repair, Waste, Etc. Mortgagor Grantor agrees (i) that that, unless no longer used or useful in the ordinary conduct of Grantor's business, no building or other improvement on the Mortgaged Premises and constituting a part thereof shall be materially altered, removed or demolished nor shall any fixtures or appliances on, in or about said buildings or improvements be severed, removed, sold or mortgaged, without the consent of Mortgagee Junior Beneficiary (which consent shall not be unreasonably withheld in the case of alterations to such property and which consent shall not be required in the case of a sale or removal of equipment, other personal property or fixtures in the ordinary course of business which is promptly replaced by similar equipment, personal property or fixtures as provided below) and in the event of the demolition or destruction in whole or in part of any of the fixtures, chattels or articles of personal property covered herebyhereby (except those no longer used or useful in the ordinary conduct of Grantor's business), Mortgagor Grantor covenants that the same will be replaced promptly by similar fixtures, chattels and articles of personal property at least equal in quality and condition to those replaced, free from any security interest in or encumbrance thereon or reservation of title thereto; (ii) to permit, commit or suffer no waste, impairment or deterioration of the Mortgaged Premises or any part thereof; (iii) to keep and maintain said Mortgaged Premises and every part thereof in good reasonable working order and repair and condition, typical giving due regard to the use to which such part of like properties with similar usesthe Mortgaged Premises is put; (iv) to effect such repairs as Mortgagee Junior Beneficiary may reasonably require and from time to time to make all needful and proper replacements and additions so that said buildings, fixtures, machinery and appurtenances will, at all times, be in good reasonable working order and repair and condition, typical giving due regard to the use to which such part of like properties with similar usesthe Mortgaged Premises is put, and fit and proper for the respective purposes for which they were originally erected or installed; (v) to comply in all material respects with all statutes, orders, requirements or decrees relating to the Mortgaged Premises by any federalFederal, state State or municipal Municipal authority; (vi) to observe and comply in all material respects with all conditions and requirements necessary to preserve and extend any and all rightsfights, licenses, permits (including, but not limited to, zoning variances, special exceptions and non-conforming uses), privileges, franchises and concessions which are applicable to the Mortgaged Premises or which have been granted to or contracted for by Mortgagor Grantor in connection with any existing or presently contemplated use of the Mortgaged Premises or any part thereof and not to initiate or acquiesce in any changes to or terminations of any of the foregoing or of zoning classifications affecting the use to which the Mortgaged Premises or any part thereof may be put without the prior written consent of MortgageeJunior Beneficiary; and (vii) to make no material alterations in or improvements or additions to the Mortgaged Premises except as required by governmental authority or as permitted by MortgageeJunior Beneficiary.