Common use of Maintenance of Properties and Insurance Clause in Contracts

Maintenance of Properties and Insurance. (a) The Company shall cause all properties used or held for use in the conduct of its business or the business of any Subsidiary to be maintained and kept in good condition, repair and working order (ordinary wear and tear excepted) and supplied with all necessary equipment and shall cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Company may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that nothing in this Section shall prevent the Company from discontinuing the operation or maintenance of any such property, or disposing of it, if such discontinuance or disposal is, in the judgment of the Company, desirable in the conduct of its business and not disadvantageous in any material respect to the Holders. (b) The Company shall provide or cause to be provided, for itself and each of its Subsidiaries, insurance (including appropriate self-insurance) against loss or damage of the kinds that, in the reasonable, good faith opinion of the Company, are adequate and appropriate for the conduct of the business of the Company and such Subsidiaries in a prudent manner, with reputable insurers or with the government of the United States or an agency or instrumentality thereof, in such amounts, with such deductibles, and by such methods as shall be customary, in the reasonable, good faith opinion of the Company, for corporations similarly situated in the industry.

Appears in 25 contracts

Samples: Indenture (Mayfield Processing LLC), Indenture (Chesapeake Energy Corp), Indenture (Chesapeake Energy Corp)

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Maintenance of Properties and Insurance. (a) The Company shall will cause all properties used or held for use useful in the conduct of its business or the business of any Subsidiary of its Restricted Subsidiaries to be maintained and kept in good condition, repair and working order (ordinary reasonable wear and tear excepted) and supplied with all necessary equipment and shall will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Company may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, provided that nothing in this Section 4.15 shall prevent the Company or any such Subsidiary from discontinuing the use, operation or maintenance of any of such property, properties or disposing of itany of them, if such discontinuance or disposal is, in the judgment of the Company, desirable in the conduct of the business of the Company or such Subsidiary or would not have a material adverse effect on the Company and its business and not disadvantageous in any material respect to the Holders. (b) Restricted Subsidiaries, taken as a whole. The Company shall will provide or cause to be provided, for itself and each of its Restricted Subsidiaries, reasonably adequate insurance (including appropriate self-insurance) with respect to its properties and business against loss or damage of the kinds that, customarily insured against by corporations of established reputation engaged in the reasonablesame or similar businesses similarly situated and owning like properties, good faith opinion of the Company, are adequate such types and appropriate for the conduct of the business of the Company and such Subsidiaries in a prudent manner, with reputable insurers or with the government of the United States or an agency or instrumentality thereof, in such amounts, with such deductibles, deductibles and by such methods as shall be customary, in the reasonable, good faith opinion of the Company, customary for corporations similarly situated in the industryindustry in which the Company or such Restricted Subsidiary, as the case may be, is then conducting business, except to the extent that failure to carry or maintain any such insurance would not, singly or in the aggregate, have a material adverse effect on the condition, financial or otherwise, or the earnings, business or operations of the Company and its subsidiaries, taken as a whole.

Appears in 8 contracts

Samples: Indenture (Kansas City Southern), Indenture (Kansas City Southern De Mexico, S.A. De C.V.), Indenture (TFM Sa De Cv)

Maintenance of Properties and Insurance. (a) The Company shall cause all properties used or held for use useful in the conduct of its business or the business of any of its Subsidiary Guarantors to be maintained and kept in good condition, repair and working order (ordinary wear and tear excepted) and supplied with all necessary equipment and shall will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Company may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, provided that nothing in this Section 4.08 shall prevent the Company or any Subsidiary Guarantor from discontinuing the use, operation or maintenance of any of such property, properties or disposing of itany property or assets, if such discontinuance or disposal is, in the judgment of the Company, desirable in for the conduct of its business and not disadvantageous in any material respect to the Holders. (b) Company on a consolidated basis. The Company shall will provide or cause to be provided, for itself and each of its SubsidiariesSubsidiary Guarantors, insurance (including appropriate self-insurance) against loss or damage of the kinds that, in the reasonable, good faith opinion of the Company, are adequate amounts and appropriate for the conduct of the business of the Company with such deductions and covering such Subsidiaries in a prudent mannerrisks as it reasonably deems adequate, with reputable recognized, financially sound insurers or with the government of the United States of America, or an agency or instrumentality thereof, in such amounts, with such deductibles, deductibles and by such methods as shall be customary, in the reasonable, good faith opinion of the Company, customary for corporations similarly situated in the industryindustry in which the Company or any such Subsidiary Guarantors, as the case may be, is then conducting business.

Appears in 7 contracts

Samples: Indenture (Sothebys), Indenture (SPX FLOW, Inc.), Indenture (SPX FLOW, Inc.)

Maintenance of Properties and Insurance. (a) The Company shall cause all properties used or held for use useful in the conduct of its business or the business of any Subsidiary of its Restricted Subsidiaries to be maintained and kept in good condition, repair and working order (ordinary wear and tear excepted) and supplied with all necessary equipment and shall will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Company may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, provided that nothing in this Section 4.08 shall prevent the Company or any Restricted Subsidiary from discontinuing the use, operation or maintenance of any of such property, properties or disposing of itany of them, if such discontinuance or disposal is, in the judgment of the Company, desirable in the conduct of its the business and not disadvantageous in any material respect to of the Holders. (b) Company or such Restricted Subsidiary. The Company shall will provide or cause to be provided, for itself and each of its Restricted Subsidiaries, insurance (including appropriate self-insurance) against loss or damage of the kinds thatcustomarily insured against by corporations similarly situated and owning like properties, in the reasonableincluding, good faith opinion of the Companybut not limited to, are adequate products liability insurance and appropriate for the conduct of the business of the Company and such Subsidiaries in a prudent mannerpublic liability insurance, with reputable insurers or with the government of the United States of America, or an agency or instrumentality thereof, in such amounts, with such deductibles, deductibles and by such methods as shall be customary, in the reasonable, good faith opinion of the Company, customary for corporations similarly situated in the industryindustry in which the Company or any such Restricted Subsidiary, as the case may be, is then conducting business.

Appears in 7 contracts

Samples: Guaranty Agreement (Steel Dynamics Inc), Indenture (Steel Dynamics Inc), Indenture (Steel Dynamics Inc)

Maintenance of Properties and Insurance. (a) The Company shall will cause all properties used or held for use useful in the conduct of its business or the business of any Subsidiary of its Restricted Subsidiaries to be maintained and kept in good condition, repair and working order (ordinary wear and tear excepted) and supplied with all necessary equipment and shall will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Company may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, provided that nothing in this Section 4.15 shall prevent the Company or any Restricted Subsidiary from discontinuing the use, operation or maintenance of any of such property, properties or disposing of itany of them, if such discontinuance or disposal is, in the judgment of the Company, desirable in the conduct of its the business and not disadvantageous in any material respect to of the Holders. (b) Company or such Restricted Subsidiary. The Company shall will provide or cause to be provided, for itself and each of its Restricted Subsidiaries, insurance (including appropriate self-insurance) against loss or damage of the kinds thatcustomarily insured against by corporations similarly situated and owning like properties, in the reasonableincluding, good faith opinion of the Companybut not limited to, are adequate products liability insurance and appropriate for the conduct of the business of the Company and such Subsidiaries in a prudent mannerpublic liability insurance, with reputable insurers or with the government of the United States of America, or an agency or instrumentality thereof, in such amounts, with such deductibles, deductibles and by such methods as shall be customary, in the reasonable, good faith opinion of the Company, customary for corporations similarly situated in the industryindustry in which the Company or any such Restricted Subsidiary, as the case may be, is then conducting business.

Appears in 6 contracts

Samples: Indenture (Us Xchange LLC), Indenture (Pacificare Health Systems Inc /De/), Indenture (Ipc Information Systems Inc)

Maintenance of Properties and Insurance. (a) The Company shall, and shall cause all properties used or held for use in the conduct each of its business or the business of any Subsidiary to be maintained and kept Restricted Subsidiaries to, maintain its material properties in good condition, repair and working order and condition (subject to ordinary wear and tear exceptedtear) and supplied with all necessary equipment and shall cause to be made make all necessary repairs, renewals, replacements, additions, betterments and improvements thereof, all as in the judgment of the Company may be necessary so that the business carried thereto and actively conduct and carry on in connection therewith may be properly and advantageously conducted at all timesits business; provided, however, that nothing in this Section 4.05 shall prevent the Company or any of its Restricted Subsidiaries from discontinuing the operation or and maintenance of any such property, or disposing of itits properties, if such discontinuance or disposal is, in the reasonable good faith judgment of the CompanyCompany or the Restricted Subsidiary, as the case may be, desirable in the conduct of the business of the Company and its business and not disadvantageous in any material respect to the HoldersRestricted Subsidiaries, taken as a whole. (b) The Company shall provide or cause to be provided, for itself and each of its Restricted Subsidiaries, insurance (including reasonably appropriate self-insuranceinsurance consistent with past practice) against loss or damage of the kinds that, in the reasonable, good faith opinion judgment of the Board of Directors of the Company, are adequate and appropriate for the conduct of the business of the Company and such Restricted Subsidiaries in a prudent manner, with reputable insurers or with the government of the United States of America or an agency or instrumentality thereof, in such amounts, with such deductibles, and by such methods as shall be customary, in the reasonable, reasonable good faith opinion judgment of the Board of Directors of the Company, for corporations companies similarly situated in the industry.

Appears in 6 contracts

Samples: Indenture (Terex Corp), Indenture (Terex Corp), Indenture (Amida Industries Inc)

Maintenance of Properties and Insurance. (a) The Company shall cause all properties used or held for use in the conduct of its business or the business of any Subsidiary to be maintained and kept in good condition, repair and working order (ordinary wear and tear excepted) and supplied with all necessary equipment and shall cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Company may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that nothing in this Section shall prevent the Company from discontinuing the operation or maintenance of any such property, or disposing of it, if such discontinuance or disposal is, in the judgment of the Company, desirable in the conduct of its business and not disadvantageous in any material respect to the Holders. (b) The Company shall provide or cause to be provided, for itself and each of its Subsidiaries, provided insurance (including appropriate self-insurance) against loss or damage of the kinds that, in the reasonable, good faith opinion of the Company, are adequate and appropriate for the conduct of the business of the Company and such Subsidiaries in a prudent manner, with reputable insurers or with the government of the United States or an agency or instrumentality thereof, in such amounts, with such deductibles, and by such methods as shall be customary, in the reasonable, good faith opinion of the Company, for corporations similarly situated in the industry.

Appears in 5 contracts

Samples: Indenture (Zion Oil & Gas Inc), Indenture (Zion Oil & Gas Inc), Indenture (Zion Oil & Gas Inc)

Maintenance of Properties and Insurance. (a) The Company shall will cause all properties used or held for use useful in the conduct of its business or the business of any Subsidiary of its Restricted Subsidiaries, to be maintained and kept in good condition, repair and working order (ordinary wear and tear excepted) and supplied with all necessary equipment and shall will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Company may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, provided that nothing in this Section 4.15 shall prevent the Company or any such Subsidiary from discontinuing the use, operation or maintenance of any of such property, properties or disposing of itany of them, if such discontinuance or disposal is, in the judgment of the Company, desirable in the conduct of its the business and not disadvantageous in any material respect to of the Holders. (b) Company or such Subsidiary. The Company shall will provide or cause to be provided, for itself and each of its Restricted Subsidiaries, insurance (including appropriate self-insurance) against loss or damage of the kinds that, in the reasonable, good faith opinion of the Company, are adequate customarily insured against by corporations similarly situated and appropriate for the conduct of the business of the Company and such Subsidiaries in a prudent mannerowning like properties, with reputable insurers or with the government of the United States of America, or an agency or instrumentality thereof, in such amounts, with such deductibles, deductibles and by such methods as shall be customary, in the reasonable, good faith opinion of the Company, customary for corporations similarly situated in the industryindustry in which the Company or such Restricted Subsidiary, as the case may be, is then conducting business.

Appears in 5 contracts

Samples: Senior Dollar Indenture (Viatel Inc), Senior Discount Dm Indenture (Viatel Inc), Senior Discount Dollar Indenture (Viatel Inc)

Maintenance of Properties and Insurance. (a) The Company shall cause all properties used or held for use useful in the conduct of its business or the business of any Subsidiary of its Restricted Subsidiaries, to be maintained and kept in good condition, repair and working order (ordinary wear and tear excepted) and supplied with all necessary equipment and shall will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Company may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, provided that nothing in this Section 4.15 shall prevent the Company or any such Restricted Subsidiary from discontinuing the use, operation or maintenance of any of such property, properties or disposing on any of itthem, if such discontinuance or disposal is, in the judgment of the Company, desirable in the conduct of its the business and not disadvantageous in any material respect to of the Holders. (b) Company or such Restricted Subsidiary. The Company shall provide or cause to be provided, for itself and each of its Restricted Subsidiaries, insurance (including appropriate self-insurance) against loss or damage of the kinds thatcustomarily insured against by corporations similarly situated and owning like properties, in the reasonableincluding, good faith opinion of the Companybut not limited to, are adequate products liability insurance and appropriate for the conduct of the business of the Company and such Subsidiaries in a prudent mannerpublic liability insurance, with reputable insurers or with the government of the United States of America, or an agency or instrumentality thereof, in such amounts, with such deductibles, deductibles and by such methods as shall be customary, in the reasonable, good faith opinion of the Company, customary for corporations similarly situated in the industryindustry in which the Company or such Restricted Subsidiary, as the case may be, is then conducting business.

Appears in 5 contracts

Samples: Senior Guaranteed Convertible Notes Indenture (Impsat Fiber Networks Inc), Senior Guaranteed Convertible Notes Indenture (Impsat Fiber Networks Inc), Senior Guaranteed Convertible Notes Indenture (Impsat Fiber Networks Inc)

Maintenance of Properties and Insurance. (a) The Company shall cause all material properties used or held for use in useful to the conduct of its business or the business of any Subsidiary of its Restricted Subsidiaries to be maintained and kept in good condition, repair and working order (ordinary reasonable wear and tear excepted) and supplied with all equipment deemed necessary equipment in the good faith judgment of the Officers of the Company and shall cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Company may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that nothing in this Section 4.20 shall prevent the Company or any Restricted Subsidiary from discontinuing the operation or maintenance of any of such propertyproperties, or disposing of itany of them, if such discontinuance or disposal is, is in the good faith judgment of the CompanyBoard of Directors of the Company or the Restricted Subsidiary concerned, as the case may be, desirable in the conduct of its the business of the Company or such Restricted Subsidiary, as the case may be, and is not disadvantageous adverse in any material respect to the Holders. (b) The Company shall provide or cause to be provided, for itself and each of its Restricted Subsidiaries, insurance (including appropriate self-insurance) against loss or damage of the kinds that, in the reasonable, good faith opinion of the Company, that are adequate and appropriate for the conduct of the business of the Company and such Restricted Subsidiaries in a prudent manner, with reputable insurers or with the government of the United States of America or an agency or instrumentality thereof, in such amounts, with such deductibles, and by such methods as shall be customary, in the reasonable, good faith opinion judgment of the Company, for corporations similarly situated in the industry.

Appears in 5 contracts

Samples: Indenture (Petro Financial Corp), Indenture (Petro Stopping Centers L P), Indenture (Petro Holdings Financial Corp)

Maintenance of Properties and Insurance. (a) The Company shall, and shall cause each Restricted Subsidiary to, maintain all properties used or held for use useful in the conduct of its business or the business of any Subsidiary to be maintained and kept in good condition, repair and working order and condition (subject to ordinary wear and tear exceptedtear) and supplied with all necessary equipment and shall cause to be made make all necessary repairs, renewals, replacements, additions, betterments and improvements thereof, all as in the judgment of the Company may be necessary so that the business carried thereto and actively conduct and carry on in connection therewith may be properly and advantageously conducted at all timesits business; provided, however, that nothing in this Section 4.5 shall prevent the Company or any Restricted Subsidiary from discontinuing the operation or and maintenance of any such property, or disposing of itits properties, if such discontinuance or disposal is, is (i) in the ordinary course of business pursuant to customary business terms or (ii) in the good faith judgment of the CompanyBoard of Directors or other governing body of the Company or the Restricted Subsidiary, as the case may be, desirable in the conduct of its business their respective businesses and is not disadvantageous in any material respect to the Holders. (b) The Company shall provide or cause to be provided, for itself and each of its SubsidiariesRestricted Subsidiary, insurance (including appropriate self-insurance) against loss or damage of the kinds that, in the reasonable, good faith opinion judgment of the Company, are adequate and appropriate for the conduct of the business of the Company and such Subsidiaries Restricted Subsidiary in a prudent manner, with reputable insurers or with the government of the United States of America or an agency or instrumentality thereof, in such amounts, with such deductibles, and by such methods as shall be customary, in the reasonable, good faith opinion judgment of the Company, for corporations companies similarly situated in the industry.

Appears in 4 contracts

Samples: Indenture (Hawk Corp), Indenture (Hawk Motors Inc), Indenture (Hawk Brake Inc)

Maintenance of Properties and Insurance. (a) The Company shall will cause all properties used or held for use useful in the conduct of its business or the business of any Subsidiary of its Restricted Subsidiaries, to be maintained and kept in good condition, repair and working order (ordinary wear and tear excepted) and supplied with all necessary equipment and shall will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Company may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, provided that nothing in this Section shall prevent the Company or any such Restricted Subsidiary from discontinuing the use, operation or maintenance of any of such property, properties or disposing of itany of them, if such discontinuance or disposal is, in the judgment of the Company, desirable in the conduct of its the business and not disadvantageous in any material respect to of the Holders. (b) Company or such Restricted Subsidiary. The Company shall will provide or cause to be provided, for itself and each of its Restricted Subsidiaries, insurance (including appropriate self-insurance) against loss or damage of the kinds thatcustomarily insured against by corporations similarly situated and owning like properties, in the reasonableincluding, good faith opinion of the Companybut not limited to, are adequate products liability insurance and appropriate for the conduct of the business of the Company and such Subsidiaries in a prudent mannerpublic liability insurance, with reputable insurers or with the government of the United States of America, or an agency or instrumentality thereof, in such amounts, with such deductibles, deductibles and by such methods as shall be customary, in the reasonable, good faith opinion of the Company, customary for corporations similarly situated in the industryindustry in which the Company or such Restricted Subsidiary, as the case may be, is then conducting business.

Appears in 4 contracts

Samples: Indenture (Williams Communications Group Inc), Indenture (Williams Communications Group Inc), Indenture (Williams Communications Group Inc)

Maintenance of Properties and Insurance. (a) The Company shall will cause all properties used or held for use useful in the conduct of its business or the business of any Subsidiary of its Restricted Subsidiaries to be maintained and kept in good condition, repair and working order (ordinary wear and tear excepted) and supplied with all necessary equipment and shall will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Company may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, provided that nothing in this Section 4.15 shall prevent the Company or any such Restricted Subsidiary from discontinuing the use, operation or maintenance of any of such property, properties or disposing of itany of them, if such discontinuance or disposal is, in the judgment of the Company, desirable in the conduct of the business of the Company and its business and not disadvantageous in any material respect to the Holders. (b) Restricted Subsidiaries taken as a whole. The Company shall will provide or cause to be provided, for itself and each of its Restricted Subsidiaries, insurance (including appropriate self-insurance) against loss or damage of the kinds thatcustomarily insured against by corporations similarly situated and owning like properties, in the reasonableincluding, good faith opinion of the Companybut not limited to, are adequate products liability insurance and appropriate for the conduct of the business of the Company and such Subsidiaries in a prudent mannerpublic liability insurance, with reputable insurers or with the government of the United States of America, or an agency or instrumentality thereof, in such amounts, with such deductibles, deductibles and by such methods as shall be customary, in the reasonable, good faith opinion of the Company, customary for corporations similarly situated in the industryindustry in which the Company or any such Restricted Subsidiary, as the case may be, is then conducting business.

Appears in 4 contracts

Samples: Indenture (Advanced Lighting Technologies Inc), Reorganization Plan, Lock Up and Voting Agreement (Advanced Lighting Technologies Inc), Indenture (Advanced Lighting Technologies Inc)

Maintenance of Properties and Insurance. (a) The Parent Company and the Company shall cause all properties used or held for use useful in the conduct of its their business or the business of any Subsidiary of the Restricted Subsidiaries to be maintained and kept in good condition, repair and working order (ordinary wear and tear excepted) and supplied with all necessary equipment and shall cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Parent Company and the Company may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, provided that nothing in this Section 4.15 shall prevent the Parent Company, the Company or any Restricted Subsidiary from discontinuing the use, operation or maintenance of any of such property, properties or disposing of itany of them, if such discontinuance or disposal is, in the judgment of the Parent Company, the Company or such Restricted Subsidiary having managerial responsibility for any such property, desirable in the conduct of its the business of the Parent Company, the Company or such Restricted Subsidiary. The Parent Company and not disadvantageous in any material respect to the Holders. (b) The Company shall provide or cause to be provided, for itself themselves and each of its the Restricted Subsidiaries, insurance (including appropriate self-insurance) against loss or damage of the kinds that, in the reasonable, good faith opinion of the Company, are adequate customarily insured against by corporations similarly situated and appropriate for the conduct of the business of the Company and such Subsidiaries in a prudent manner, owning like properties with reputable insurers or with the government of the United States of America, or an agency or instrumentality thereof, in such amounts, with such deductibles, deductibles and by such methods as the Parent Company and the Company in good faith shall determine to be customary, reasonable and appropriate in the reasonable, good faith opinion of the Company, for corporations similarly situated in the industrycircumstances.

Appears in 4 contracts

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

Maintenance of Properties and Insurance. (a) The Company agrees that it shall cause all properties used or held for use useful in the conduct of its business or the business of any Subsidiary of the Restricted Subsidiaries to be maintained and kept in good condition, repair and working order (ordinary wear and tear excepted) and supplied with all necessary equipment and shall will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Company may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, provided that nothing in this Section 4.14 shall prevent the Company or any Restricted Subsidiary from discontinuing the use, operation or maintenance of any of such property, properties or disposing of itany of them, if such discontinuance or disposal is, in the judgment of the CompanyCompany or such Restricted Subsidiary having managerial responsibility for any such property, desirable in the conduct of its the business and not disadvantageous in any material respect to of the Holders. (b) Company or such Restricted Subsidiary. The Company agrees it shall provide or cause to be provided, for itself and each of its the Restricted Subsidiaries, insurance (including appropriate self-insurance) against loss or damage of the kinds that, in the reasonable, good faith opinion of the Company, are adequate customarily insured against by corporations similarly situated and appropriate for the conduct of the business of the Company and such Subsidiaries in a prudent manner, owning like properties with reputable insurers or with the government of the United States of America, or an agency or instrumentality thereof, in such amounts, with such deductibles, deductibles and by such methods as the Company in good faith shall determine to be customary, reasonable and appropriate in the reasonable, good faith opinion of the Company, for corporations similarly situated in the industrycircumstances.

Appears in 4 contracts

Samples: Indenture (PAETEC Holding Corp.), Indenture (PAETEC Holding Corp.), Indenture (PAETEC Holding Corp.)

Maintenance of Properties and Insurance. (a) The Company shall will cause all properties used or held for use useful in the conduct of its business or the business of any Restricted Subsidiary and material to the Company and its Restricted Subsidiaries taken as a whole, to be maintained and kept in good condition, repair and working order (ordinary wear and tear excepted) and supplied with all necessary equipment and shall will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Company may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, provided that nothing in this Section 4.15 shall prevent the Company or any such Restricted Subsidiary from discontinuing the use, operation or maintenance of any of such property, properties or disposing of itany of them, if such discontinuance or disposal is, in the judgment of the CompanyCompany or of such Restricted Subsidiary having managerial responsibility for any such property, desirable in the conduct of its the business and not disadvantageous in any material respect to of the Holders. (b) Company or such Restricted Subsidiary. The Company shall will provide or cause to be provided, for itself and each of its Restricted Subsidiaries, insurance (including appropriate self-insurance) against loss or damage of the kinds that, in the reasonable, good faith opinion of the Company, are adequate customarily insured against by corporations similarly situated and appropriate for the conduct of the business of the Company and such Subsidiaries in a prudent mannerowning like properties, with reputable insurers or with the government of the United States of America, or an agency or instrumentality thereof, in such amounts, with such deductibles, deductibles and by such methods as the Company in good faith shall determine to be customary, reasonable and appropriate in the reasonable, good faith opinion of the Company, for corporations similarly situated in the industrycircumstances.

Appears in 4 contracts

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

Maintenance of Properties and Insurance. (a) The Company shall cause all properties used or held for use in the conduct of its business or the business of any Restricted Subsidiary to be maintained and kept in good condition, repair and working order (ordinary wear and tear excepted) and supplied with all necessary equipment and shall cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Company may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that nothing in this Section shall prevent the Company from discontinuing the operation or maintenance of any such property, or disposing of it, if such discontinuance or disposal is, in the judgment of the Company, desirable in the conduct of its business and not disadvantageous in any material respect to the Holders. (b) The Company shall provide or cause to be provided, for itself and each of its Restricted Subsidiaries, insurance (including appropriate self-insurance) against loss or damage of the kinds that, in the reasonable, good faith opinion of the Company, are adequate and appropriate for the conduct of the business of the Company and such Restricted Subsidiaries in a prudent manner, with reputable insurers or with the government of the United States or an agency or instrumentality thereof, in such amounts, with such deductibles, and by such methods as shall be customary, in the reasonable, good faith opinion of the Company, for corporations similarly situated in the industry.

Appears in 3 contracts

Samples: Indenture (Chesapeake Energy Corp), Indenture (Chesapeake Energy Marketing Inc), Indenture (Mc Louisiana Minerals LLC)

Maintenance of Properties and Insurance. (a) The Company shall, and shall cause all properties used or held for use in the conduct each of its business or the business of any Subsidiary to be maintained and kept Restricted Subsidiaries to, maintain its material properties in good condition, repair and working order and condition (subject to ordinary wear and tear exceptedtear) and supplied with all necessary equipment and shall cause to be made make all necessary repairs, renewals, replacements, additions, betterments and improvements thereof, all as in the judgment of the Company may be necessary so that the business carried thereto and actively conduct and carry on in connection therewith may be properly and advantageously conducted at all timesits business; provided, however, that nothing in this Section 4.16 shall prevent the Company or any of its Restricted Subsidiaries from discontinuing the operation or and maintenance of any such property, or disposing of itits properties, if such discontinuance or disposal is, in the good faith judgment of the CompanyBoard of Directors of the Company or the Restricted Subsidiary, as the case may be, desirable in the conduct of its business their respective businesses and is not disadvantageous in any material respect to the Holders. (b) The Company shall provide or cause to be provided, for itself and each of its Restricted Subsidiaries, insurance (including appropriate self-insurance) against loss or damage of the kinds that, in the reasonable, good faith opinion judgment of the Board of Directors of the Company, are adequate and appropriate for the conduct of the business of the Company and such Restricted Subsidiaries of the Company in a prudent manner, with reputable insurers or with the government of the United States of America or an any agency or instrumentality thereof, in such amounts, with such deductibles, and by such methods as shall be customary, in the reasonable, good faith opinion judgment of the Board of Directors of the Company, for corporations companies similarly situated in the industry.

Appears in 3 contracts

Samples: Indenture (Fisher Scientific International Inc), Indenture (Eye Care Centers of America Inc), Indenture (Fisher Scientific International Inc)

Maintenance of Properties and Insurance. (a) The Company and the Guarantors shall cause all material properties used or held for use in useful to the conduct of its their business or and the business of any Subsidiary each of their Subsidiaries to be maintained and kept in good condition, repair and working order (ordinary reasonable wear and tear excepted) and supplied with all necessary equipment and shall cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the their reasonable judgment of the Company may be necessary necessary, so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that nothing in this Section 4.6 shall prevent the Company or any Guarantor from discontinuing the any operation or maintenance of any of such propertyproperties, or disposing of itany of them, if such discontinuance or disposal is, is (a)(i) in the judgment of the Board of Directors of the Company, desirable in the conduct of its the business of the Company and (ii) not disadvantageous adverse in any material respect to the Holders. Holders or (b) otherwise permitted under Section 4.14. The Company and the Guarantors shall provide provide, or cause to be provided, for itself themselves and each of its their Subsidiaries, insurance (including appropriate self-insurance) against loss or damage of the kinds that, in the reasonable, good faith opinion of the Company, are Board of Directors of the Company is adequate and appropriate for the conduct of the business of the Company Company, the Guarantors and such Subsidiaries in a prudent manner, with (except for self-insurance) reputable insurers or with the government of the United States of America or an agency or instrumentality thereof, in such amounts, with such deductibles, and by such methods as shall be customary, in the reasonable, good faith opinion of the Company and adequate and appropriate for the conduct of the business of the Company, the Guarantors and such Subsidiaries in a prudent manner for corporations entities similarly situated in the industry.

Appears in 3 contracts

Samples: Indenture (NPR Inc), Indenture (Doskocil Manufacturing Co Inc), Indenture (City Truck Holdings Inc)

Maintenance of Properties and Insurance. (a) The Company shall, and shall cause all properties used or held for use in the conduct each of its business or the business of any Subsidiary to be maintained and kept Restricted Subsidiaries to, maintain its material properties in good condition, repair and working order and condition (subject to ordinary wear and tear exceptedtear) and supplied with all necessary equipment and shall cause to be made make all necessary repairs, renewals, replacements, additions, betterments and improvements thereof, all as in the judgment of the Company may be necessary so that the business carried thereto and actively conduct and carry on in connection therewith may be properly and advantageously conducted at all timesits business; provided, however, that nothing in this Section 4.05 shall prevent the Company or any of its Restricted Subsidiaries from discontinuing the operation or and maintenance of any such property, or disposing of itits properties, if such discontinuance or disposal is, in the good faith judgment of the CompanyBoard of Directors of the Company or the Restricted Subsidiary, as the case may be, desirable in the conduct of its business their respective businesses and is not disadvantageous in any material respect to the Holders. (b) The Company shall provide or cause to be provided, for itself and each of its Restricted Subsidiaries, insurance (including appropriate self-insurance) against loss or damage of the kinds that, in the reasonable, good faith opinion judgment of the Board of Directors of the Company, are adequate and appropriate for the conduct of the business of the Company and such Restricted Subsidiaries in a prudent manner, with reputable insurers or with the government of the United States or an agency or instrumentality thereof, in such amounts, with such deductibles, and by such methods as shall be customary, in the reasonable, good faith opinion judgment of the Board of Directors of the Company, for corporations companies similarly situated in the industry.

Appears in 3 contracts

Samples: Indenture (Del Monte Foods Co), Indenture (Del Monte Foods Co), Supplemental Indenture (Del Monte Foods Co)

Maintenance of Properties and Insurance. (a) The Company shall will cause all properties used or held for use useful in the conduct of its business or the business of any Subsidiary of its Restricted Subsidiaries, to be maintained and kept in good condition, repair and working order (ordinary wear and tear excepted) and supplied with all necessary equipment and shall will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Company may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, PROVIDED that nothing in this Section 4.15 shall prevent the Company or any such Subsidiary from discontinuing the use, operation or maintenance of any of such property, properties or disposing of itany of them, if such discontinuance or disposal is, in the judgment of the Company, desirable in the conduct of its the business and not disadvantageous in any material respect to of the Holders. (b) Company or such Subsidiary. The Company shall will provide or cause to be provided, for itself and each of its Restricted Subsidiaries, insurance (including appropriate self-insurance) against loss or damage of the kinds that, in the reasonable, good faith opinion of the Company, are adequate customarily insured against by corporations similarly situated and appropriate for the conduct of the business of the Company and such Subsidiaries in a prudent mannerowning like properties, with reputable insurers or with the government of the United States of America, or an agency or instrumentality thereof, in such amounts, with such deductibles, deductibles and by such methods as shall be customary, in the reasonable, good faith opinion of the Company, customary for corporations similarly situated in the industryindustry in which the Company or such Restricted Subsidiary, as the case may be, is then conducting business.

Appears in 3 contracts

Samples: Senior Euro Notes Indenture (Viatel Inc), Senior Euro Notes Indenture (Viatel Inc), Senior Dollar Notes Indenture (Viatel Inc)

Maintenance of Properties and Insurance. (a) The Company shall, and shall cause each Restricted Subsidiary to, maintain all properties used or held for use useful in the conduct of its business or the business of any Subsidiary to be maintained and kept in good condition, repair and working order and condition (subject to ordinary wear and tear exceptedtear) and supplied with all necessary equipment and shall cause to be made make all necessary repairs, renewals, replacements, additions, betterments and improvements thereof, all as in the judgment of the Company may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all timesthereto; provided, however, that nothing in this Section 4.05 shall prevent the Company or any Restricted Subsidiary from discontinuing the operation or and maintenance of any such property, or disposing of itits properties, if such discontinuance or disposal is, is (i) in the ordinary course of business pursuant to customary business terms or (ii) in the good faith judgment of the CompanyBoard of Directors or other governing body of the Company or the Restricted Subsidiary, as the case may be, desirable in the conduct of its business their respective businesses and is not disadvantageous in any material respect to the Holders. (b) The Company shall provide or cause to be provided, for itself and each of its SubsidiariesRestricted Subsidiary, insurance (including appropriate self-insurance) against loss or damage of the kinds that, in the reasonable, good faith opinion judgment of the Company, are adequate and appropriate for the conduct of the business of the Company and such Subsidiaries Restricted Subsidiary in a prudent manner, with reputable insurers or with the government of the United States of America or an agency or instrumentality thereof, in such amounts, with such deductibles, and by such methods as shall be customary, in the reasonable, good faith opinion judgment of the Company, for corporations companies similarly situated in the industryindustry and owning like properties.

Appears in 3 contracts

Samples: Indenture (Icn Pharmaceuticals Inc), Indenture (Icn Pharmaceuticals Inc), Indenture (International Knife & Saw Inc)

Maintenance of Properties and Insurance. (a) The Company shall will cause all properties used or held for use useful in the conduct of its business or the business of any Subsidiary of its Restricted Subsidiaries, to be maintained and kept in good reasonable condition, repair and working order (ordinary wear and tear excepted) and supplied with all necessary equipment and shall will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Company may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that nothing in this Section 4.14 shall prevent the Company or any such Subsidiary from discontinuing the use, operation or maintenance of any of such property, properties or disposing of itany of them, if such discontinuance or disposal is, in the judgment of the Company, desirable in the conduct of its the business and not disadvantageous in any material respect to of the Holders. (b) Company or such Subsidiary. The Company shall will provide or cause to be provided, for itself and each of its Restricted Subsidiaries, insurance (including appropriate self-insurance) against loss or damage of the kinds thatcustomarily insured against by corporations similarly situated and owning like properties, in the reasonableincluding, good faith opinion of the Companybut not limited to, are adequate product liability insurance and appropriate for the conduct of the business of the Company and such Subsidiaries in a prudent mannerpublic liability insurance, with reputable insurers or with the government of the United States of America, or an agency or instrumentality thereof, in such amounts, with such deductibles, deductibles and by such methods as shall be customary, in the reasonable, good faith opinion of the Company, customary for corporations similarly situated in the industryindustry in which the Company or such Restricted Subsidiary, as the case may be, is then conducting business.

Appears in 3 contracts

Samples: Indenture (Winstar Communications Inc), Indenture (Winstar Communications Inc), Senior Subordinated Deferred Interest Notes Indenture (Winstar Communications Inc)

Maintenance of Properties and Insurance. (a) The Company shall will cause all properties used or held for use useful in the conduct of its business or the business of any Subsidiary of its Restricted Subsidiaries, to be maintained and kept in good condition, repair and working order (ordinary wear and tear excepted) and supplied with all necessary equipment and shall will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Company may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, PROVIDED that nothing in this Section 4.15 shall prevent the Company or any such Subsidiary from discontinuing the use, operation or maintenance of any of such property, properties or disposing of itany of them, if such discontinuance or disposal is, in the judgment of the Company, desirable in the conduct of its the business and not disadvantageous in any material respect to of the Holders. (b) Company or such Subsidiary. The Company shall will provide or cause to be provided, for itself and each of its Restricted Subsidiaries, insurance (including appropriate self-insurance) against loss or damage of the kinds that, in the reasonable, good faith opinion of the Company, are adequate customarily insured against by corporations similarly situated and appropriate for the conduct of the business of the Company and such Subsidiaries in a prudent mannerowning like properties, with reputable insurers or with the government of the United States of America, or an agency or instrumentality thereof, in such amounts, with such deductibles, deductibles and by such methods as shall be customary, in the reasonable, good faith opinion of the Company, customary for corporations similarly situated in the industryindustry in which the Company or such Restricted Subsidiary, as the case may be, is then conducting business.

Appears in 2 contracts

Samples: Indenture (KMC Telecom Holdings Inc), Indenture (KMC Telecom Holdings Inc)

Maintenance of Properties and Insurance. (a) The Company shall will cause all properties used or held for use useful in the conduct of its business or the business of any Subsidiary of its Restricted Group Members, to be maintained and kept in good condition, repair and working order (ordinary wear and tear excepted) and supplied with all necessary equipment and shall will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Company may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, provided that nothing in this Section 4.14 shall prevent the Company or any such Restricted Group Member from discontinuing the use, operation or maintenance of any of such property, properties or disposing of itany of them, if such discontinuance or disposal is, in the judgment of the Company, desirable in the conduct of its the business and not disadvantageous in any material respect to of the Holders. (b) Company or such Restricted Group Member. The Company shall will provide or cause to be provided, for itself and each of its SubsidiariesRestricted Group Members, insurance (including appropriate self-insurance) against loss or damage of the kinds that, in the reasonable, good faith opinion of the Company, are adequate customarily insured against by corporations similarly situated and appropriate for the conduct of the business of the Company and such Subsidiaries in a prudent mannerowning like properties, with reputable insurers or with the government of the United States of America, or an agency or instrumentality thereof, in such amounts, with such deductibles, deductibles and by such methods as shall be customary, in the reasonable, good faith opinion of the Company, customary for corporations similarly situated in the industryindustry in which the Company or such Restricted Group Member, as the case may be, is then conducting business.

Appears in 2 contracts

Samples: Indenture (McCaw International LTD), Indenture (Nextel Communications Inc)

Maintenance of Properties and Insurance. (a) The Company shall will cause all properties used or held for use useful in the conduct of its business or the business of any Subsidiary of its Subsidiaries, to be maintained and kept in good condition, repair and working order (ordinary wear and tear excepted) and supplied with all necessary equipment and shall will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Company may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, provided that nothing in this Section 3.13 shall prevent the Company or any such Subsidiary from discontinuing the use, operation or maintenance of any of such property, properties or disposing of itany of them, if such discontinuance or disposal is, in the judgment of the Company, desirable in the conduct of its the business and not disadvantageous in any material respect to of the Holders. (b) Company or such Subsidiary. The Company shall will provide or cause to be provided, for itself and each of its Subsidiaries, insurance (including appropriate self-insurance) against loss or damage of the kinds thatcustomarily insured against by corporations similarly situated and owning like properties, in the reasonableincluding, good faith opinion of the Companybut not limited to, are adequate products liability insurance and appropriate for the conduct of the business of the Company and such Subsidiaries in a prudent mannerpublic liability insurance, with reputable insurers or with the government of the United States of America, or an agency or instrumentality thereof, in such amounts, with such deductibles, deductibles and by such methods as shall be customary, in the reasonable, good faith opinion of the Company, customary for corporations similarly situated in the industryindustry in which the Company or such Subsidiary, as the case may be, is then conducting business.

Appears in 2 contracts

Samples: Indenture (Usec Inc), Indenture (Usec Inc)

Maintenance of Properties and Insurance. (a) The Company shall cause all properties used or held for use in the conduct of its business or the business of any Subsidiary to be maintained and kept in good condition, repair and working order (ordinary wear and tear excepted) and supplied with all necessary equipment and shall cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Company may be necessary so that there is no material adverse effect to the business carried on in connection therewith may be properly Company and advantageously conducted at all timesits Subsidiaries, taken as a whole; provided, however, that nothing in this Section shall prevent the Company from discontinuing the operation or maintenance of any such property, or disposing of it, if such discontinuance or disposal is, in the judgment of the Company, desirable in the conduct of its business and not disadvantageous in any material respect to the Holders. (b) The Company shall provide or cause to be provided, for itself and each of its Subsidiaries, insurance (including appropriate self-insurance) against loss or damage of the kinds that, in the reasonable, good faith opinion of the Company, are adequate and appropriate for the conduct of the business of the Company and such Subsidiaries in a prudent manner, with reputable insurers or with the government of the United States or an agency or instrumentality thereof, in such amounts, with such deductibles, and by such methods as shall be customary, in the reasonable, good faith opinion of the Company, for corporations similarly situated in the industry.

Appears in 2 contracts

Samples: Indenture (Gothic Energy Corp), Indenture (National Energy Group Inc)

Maintenance of Properties and Insurance. (a) The Company shall will cause all properties used or held for use useful in the conduct of its business or the business of any Subsidiary of its Restricted Subsidiaries, to be maintained and kept in good condition, repair and working order (ordinary wear and tear excepted) and supplied with all necessary equipment and shall will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Company may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, provided that nothing in this Section 4.15 shall prevent the Company or any such Subsidiary from discontinuing the use, operation or maintenance of any of such property, properties or disposing of itany of them, if such discontinuance or disposal is, in the judgment of the Company, desirable in the conduct of its the business and not disadvantageous in any material respect to of the Holders. (b) Company or such Subsidiary. The Company shall will provide or cause to be provided, for itself and each of its Restricted Subsidiaries, insurance (including appropriate self-insurance) against loss or damage of the kinds thatcustomarily insured against by corporations similarly situated and owning like properties, in the reasonableincluding, good faith opinion of the Companybut not limited to, are adequate products liability insurance and appropriate for the conduct of the business of the Company and such Subsidiaries in a prudent mannerpublic liability insurance, with reputable insurers or with the government of the United States of America, or an agency or instrumentality thereof, in such amounts, with such deductibles, deductibles and by such methods as shall be customary, in the reasonable, good faith opinion of the Company, customary for corporations similarly situated in the industryindustry in which the Company or such Restricted Subsidiary, as the case may be, is then conducting business.

Appears in 2 contracts

Samples: Second Supplemental Indenture (Lodgenet Entertainment Corp), Indenture (Pagemart Wireless Inc)

Maintenance of Properties and Insurance. (a) The Company shall will --------------------------------------- cause all properties used or held for use useful in the conduct of its business or the business of any Restricted Subsidiary and material to the Company and its Restricted Subsidiaries taken as a whole, to be maintained and kept in good condition, repair and working order (ordinary wear and tear excepted) and supplied with all necessary equipment adequate for the level or stage of the Company's or any Restricted Subsidiary's business and shall will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Company may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, provided that nothing in this Section 4.16 shall prevent the Company or any such Restricted Subsidiary from discontinuing the use, operation or maintenance of any of such property, properties or disposing of itany of them, if such discontinuance or disposal is, in the judgment of the CompanyBoard of Directors or the board of directors of such Restricted Subsidiary having managerial responsibility for any such property, desirable in the conduct of its the business and not disadvantageous in any material respect to of the Holders. (b) Company or such Restricted Subsidiary. The Company shall will provide or cause to be provided, for itself and each of its Restricted Subsidiaries, insurance (including appropriate self-insurance) against loss or damage of the kinds thatcustomarily insured against by corporations similarly situated and owning like properties, in the reasonableincluding, good faith opinion of the Companybut not limited to, are adequate products liability insurance and appropriate for the conduct of the business of the Company and such Subsidiaries in a prudent mannerpublic liability insurance, with reputable insurers or with the government of the United States of America, or an agency or instrumentality thereof, in such amounts, with such deductibles, deductibles and by such methods as the Company in good faith shall determine to be customary, reasonable and appropriate in the reasonable, good faith opinion of the Company, for corporations similarly situated in the industrycircumstances.

Appears in 2 contracts

Samples: Indenture (Omnipoint Corp \De\), Indenture (Omnipoint Corp \De\)

Maintenance of Properties and Insurance. (a) The Company Corporation shall cause all material properties used or held for use in useful to the conduct of its business or and the business of any Subsidiary each of its Subsidiaries to be maintained and kept in good condition, repair and working order (ordinary reasonable wear and tear excepted) and supplied with all necessary equipment and shall cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the their reasonable judgment of the Company may be necessary necessary, so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that nothing in this Section 2.14 shall prevent the Company Corporation or any Subsidiary from discontinuing the any operation or maintenance of any of such propertyproperties, or disposing of itany of them, if such discontinuance or disposal is, is in the judgment of the CompanyCorporation, desirable in the conduct of its the business and not disadvantageous in any material respect to the Holders. (b) of such entity. The Company Corporation shall provide provide, or cause to be provided, for itself and each of its Subsidiaries, insurance (including appropriate self-insurance) against loss or damage of the kinds that, in the reasonable, good faith opinion of the Company, are Corporation is adequate and appropriate for the conduct of the business of the Company Corporation and such Subsidiaries in a prudent manner, with (except for self- insurance) reputable insurers or with the government of the United States of America or an agency or instrumentality thereof, in such amounts, with such deductibles, and by such methods as shall be customary, in the reasonable, good faith opinion of the Company, Corporation and adequate and appropriate for corporations the conduct of the business of the Corporation and such Subsidiaries in a prudent manner for entities similarly situated in the industry, unless failure to provide such insurance (together with all other such failures) would not have a material adverse effect on the financial condition or results of operations of the Corporation and such Subsidiaries considered as a whole.

Appears in 2 contracts

Samples: Supplemental Indenture (Cb Richard Ellis Services Inc), First Supplemental Indenture (Cbre Holding Inc)

Maintenance of Properties and Insurance. (a) The Company shall, and shall cause its Subsidiaries to, cause all properties used or held for use useful in the conduct of its business or the business of any Subsidiary their respective businesses to be maintained and kept in good condition, repair and working order (ordinary wear and tear excepted) and supplied with all necessary equipment and shall cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Company or such Subsidiary may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, provided that nothing in this Section 4.12 shall prevent the Company or any Subsidiary from discontinuing the use, operation or maintenance of any of such property, properties or disposing of itany of them, if such discontinuance or disposal is, in the judgment of the CompanyCompany or such Subsidiary, desirable in the conduct of its business and not disadvantageous in any material respect to the Holders. (b) business. The Company agrees it shall provide or cause to be provided, for itself and each of its the Subsidiaries, insurance (including appropriate self-insurance) against loss or damage of the kinds that, in the reasonable, good faith opinion of the Company, are adequate customarily insured against by corporations similarly situated and appropriate for the conduct of the business of the Company owning like properties with financially-sound and such Subsidiaries in a prudent manner, with reputable insurers or with the government of the United States of America, or an agency or instrumentality thereof, in such amounts, with such deductibles, deductibles and by such methods as the Company in good faith shall determine to be customary, adequate and appropriate in the reasonable, good faith opinion of the Company, for corporations similarly situated in the industrycircumstances.

Appears in 2 contracts

Samples: Indenture, Indenture

Maintenance of Properties and Insurance. (a) The Company shall cause all properties used or held for use in the conduct of its business or the business of any Restricted Subsidiary to be maintained and kept in good condition, repair and working order (ordinary wear and tear excepted) and supplied with all necessary equipment and shall cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Company may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that nothing in this Section 4.08 shall prevent the Company from discontinuing the operation or maintenance of any such property, or disposing of it, if such discontinuance or disposal is, in the judgment of the Company, desirable in the conduct of its business and not disadvantageous in any material respect to the Holders. (b) The Company shall provide or cause to be provided, for itself and each of its Restricted Subsidiaries, insurance (including appropriate self-insurance) against loss or damage of the kinds that, in the reasonable, good faith opinion of the Company, are adequate and appropriate for the conduct of the business of the Company and such Restricted Subsidiaries in a prudent manner, with reputable insurers or with the government of the United States or an agency or instrumentality thereof, in such amounts, with such deductibles, and by such methods as shall be customary, in the reasonable, good faith opinion of the Company, for corporations similarly situated in the industry.

Appears in 2 contracts

Samples: Indenture (Chesapeake Energy Corp), Indenture (Chesapeake Energy Corp)

Maintenance of Properties and Insurance. (a) The Company shall will --------------------------------------- cause all properties used or held for use useful in the conduct of its business or the business of any Subsidiary of its Restricted Subsidiaries to be maintained and kept in good condition, repair and working order (ordinary wear and tear excepted) and supplied with all necessary equipment and shall will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Company may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, provided that nothing in this Section 4.14 shall prevent the Company or any such Subsidiary from discontinuing the use, operation or maintenance of any of such property, properties or disposing of itany of them, if such discontinuance or disposal is, in the judgment of the Company, desirable in the conduct of its the business and not disadvantageous in any material respect to of the Holders. (b) Company or such Subsidiary. The Company shall will provide or cause to be provided, for itself and each of its Restricted Subsidiaries, insurance (including appropriate self-insurance) against loss or damage of the kinds thatcustomarily insured against by corporations similarly situated and owning like properties, in the reasonableincluding, good faith opinion of the Companybut not limited to, are adequate products liability insurance and appropriate for the conduct of the business of the Company and such Subsidiaries in a prudent mannerpublic liability insurance, with reputable insurers or with the government of the United States of America, or an agency or instrumentality thereof, in such amounts, with such deductibles, deductibles and by such methods as shall be customary, in the reasonable, good faith opinion of the Company, customary for corporations similarly situated in the industryindustry in which the Company or any such Restricted Subsidiary, as the case may be, is then conducting business.

Appears in 2 contracts

Samples: Indenture (Itc Deltacom Inc), Indenture (Itc Deltacom Inc)

Maintenance of Properties and Insurance. (a) The Company shall cause all material properties used or held for use in useful to the conduct of its business or and the business of any Subsidiary each of its Subsidiaries to be maintained and kept in good condition, repair and working order (ordinary reasonable wear and tear excepted) and supplied with all necessary equipment and shall cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the its reasonable judgment of the Company may be necessary necessary, so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that nothing in this Section 4.5 shall prevent the Company or any Subsidiary from discontinuing the any operation or maintenance of any of such propertyproperties, or disposing of itany of them, if such discontinuance or disposal is, is in the reasonable, good faith, judgment of the Company, desirable in the conduct of its the business and not disadvantageous in any material respect to the Holders. (b) of such entity. The Company shall provide provide, or cause to be provided, for itself and each of its Subsidiaries, insurance (including appropriate self-insurance) against loss or damage of the kinds that, in the reasonable, good faith opinion of the Company, are Company is adequate and appropriate for the conduct of the business of the Company and such Subsidiaries in a prudent manner, with (except for self-insurance) reputable insurers or with the government of the United States of America or an agency or instrumentality thereof, in such amounts, with such deductibles, and by such methods as shall be customary, in the reasonable, good faith opinion of the Company, Company and adequate and appropriate for corporations the conduct of the business of the Company and such Subsidiaries in a prudent manner for entities similarly situated in the industry, unless failure to provide such insurance (together with all other such failures) would not have a material adverse effect on the business, assets, financial condition or results of operations of the Company and its subsidiaries taken as a whole.

Appears in 1 contract

Samples: Indenture (Oak Industries Inc)

Maintenance of Properties and Insurance. (a) The Company shall, and shall cause all properties used or held for use in the conduct each of its business or the business of any Subsidiary to be maintained and kept Restricted Subsidiaries to, maintain its material properties in good condition, repair and working order and condition (subject to ordinary wear and tear exceptedtear) and supplied with all necessary equipment and shall cause to be made make all necessary repairs, renewals, replacements, additions, betterments and improvements thereofthereto, all as in the judgment of the Company or such Restricted Subsidiary may be necessary so that the business carried appropriate in order to conduct and carry on in connection therewith may be properly and advantageously conducted at all timesits business; providedPROVIDED, howeverHOWEVER, that nothing in this Section 4.05 shall prevent the Company or any of its Restricted Subsidiaries from discontinuing the operation or and maintenance of any such property, or disposing of itits properties, if such discontinuance or disposal is, in the good faith judgment of the CompanyBoard of Directors of the Company or the Restricted Subsidiary, as the case may be, desirable in the conduct of its business and not disadvantageous in any material respect to the Holderstheir respective businesses. (b) The Company shall provide or cause to be provided, for itself and each of its Restricted Subsidiaries, insurance (including appropriate self-insurance) against loss or damage of the kinds that, in the reasonable, good faith opinion judgment of the Board of Directors of the Company, are adequate and appropriate for the conduct of the business of the Company and such Subsidiaries in a prudent mannerRestricted Subsidiaries, with reputable insurers or with the government of the United States of America or an agency or instrumentality thereof, in such amounts, with such deductibles, and by such methods as shall be customary, in the reasonable, good faith opinion judgment of the Board of Directors of the Company, for corporations companies similarly situated in the industry.

Appears in 1 contract

Samples: Indenture (Geo Specialty Chemicals Inc)

Maintenance of Properties and Insurance. (a) The Company shall cause all properties used or held for use useful in the conduct of its business or the business of any Subsidiary of its Restricted Subsidiaries, to be maintained and kept in good condition, repair and working order (ordinary wear and tear excepted) and supplied with all necessary equipment and shall will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Company may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, provided that nothing in this Section 4.16 shall prevent the Company or any such Subsidiary from discontinuing the use, operation or maintenance of any of such property, properties or disposing on any of itthem, if such discontinuance or disposal is, in the judgment of the Company, desirable in the conduct of its the business and not disadvantageous in any material respect to of the Holders. (b) Company or such Subsidiary. The Company shall provide or cause to be provided, for itself and each of its Restricted Subsidiaries, insurance (including appropriate self-insurance) against loss or damage of the kinds thatcustomarily insured against by corporations similarly situated and owning like properties, in the reasonableincluding, good faith opinion of the Companybut not limited to, are adequate products liability insurance and appropriate for the conduct of the business of the Company and such Subsidiaries in a prudent mannerpublic liability insurance, with reputable insurers or with the government of the United States of America, or an agency or instrumentality thereof, in such amounts, with such deductibles, deductibles and by such methods as shall be customary, in the reasonable, good faith opinion of the Company, customary for corporations similarly situated in the industry.industry in which the Company or such Restricted Subsidiary, as the case may be, is then conducting business. 57 50

Appears in 1 contract

Samples: Senior Guaranteed Notes Indenture (Impsat Corp)

Maintenance of Properties and Insurance. (a) The Company shall cause all properties used or held for use in the conduct of its business or the business of any Subsidiary to be maintained and kept in good condition, repair and working order (ordinary wear and tear excepted) and supplied with all necessary equipment and shall cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Company may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times; providedPROVIDED, howeverHOWEVER, that nothing in this Section shall prevent the Company from discontinuing the operation or maintenance of any such property, or disposing of it, if such discontinuance or disposal is, in the judgment of the Company, desirable in the conduct of its business and not disadvantageous in any material respect to the Holders. (b) The Company shall provide or cause to be provided, for itself and each of its Subsidiaries, insurance (including appropriate self-insurance) against loss or damage of the kinds that, in the reasonable, good faith opinion of the Company, are adequate and appropriate for the conduct of the business of the Company and such Subsidiaries in a prudent manner, with reputable insurers or with the government of the United States or an agency or instrumentality thereof, in such amounts, with such deductibles, and by such methods as shall be customary, in the reasonable, good faith opinion of the Company, for corporations similarly situated in the industry.

Appears in 1 contract

Samples: Indenture (Chesapeake Energy Corp)

Maintenance of Properties and Insurance. (a) The Company shall cause all properties used or held for use useful in the conduct of its business or the business of any Subsidiary of its Restricted Subsidiaries to be maintained and kept in good condition, repair and working order (ordinary wear and tear excepted) and supplied with all necessary equipment and shall cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Company may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, provided that nothing in this Section 4.14 shall prevent the Company or any such Subsidiary from discontinuing the use, operation or maintenance of any of such property, properties or disposing of itany of them, if such discontinuance or disposal is, in the judgment of the Company, desirable in the conduct of its the business and not disadvantageous in any material respect to of the Holders. (b) Company or such Subsidiary. The Company shall provide or cause to be provided, for itself and each of its Restricted Subsidiaries, insurance (including appropriate self-insurance) against loss or damage of the kinds thatcustomarily insured against by corporations similarly situated and owning like properties, in the reasonableincluding, good faith opinion of the Companybut not limited to, are adequate products liability insurance and appropriate for the conduct of the business of the Company and such Subsidiaries in a prudent mannerpublic liability insurance, with reputable insurers or with the government of the United States of America, or an agency or instrumentality thereof, in such amounts, with such deductibles, deductibles and by such methods as shall be customary, in the reasonable, good faith opinion of the Company, customary for corporations similarly situated in the industryindustry in which the Company or any such Restricted Subsidiary, as the case may be, is then conducting business.

Appears in 1 contract

Samples: Indenture (Knology Holdings Inc /Ga)

Maintenance of Properties and Insurance. (a) The Company agrees that it shall cause all properties used or held for use useful in the conduct of its business or the business of any Subsidiary of the Restricted Subsidiaries to be maintained and kept in good condition, repair and working order (ordinary wear and tear excepted) and supplied with all necessary equipment and shall cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Company may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, provided that nothing in this Section 4.14 shall prevent the Company or any Restricted Subsidiary from discontinuing the use, operation or maintenance of any of such property, properties or disposing of itany of them, if such discontinuance or disposal is, in the judgment of the CompanyCompany or such Restricted Subsidiary having managerial responsibility for any such property, desirable in the conduct of its the business and not disadvantageous in any material respect to of the Holders. (b) Company or such Restricted Subsidiary. The Company agrees it shall provide or cause to be provided, for itself and each of its the Restricted Subsidiaries, insurance (including appropriate self-insurance) against loss or damage of the kinds that, in the reasonable, good faith opinion of the Company, are adequate customarily insured against by corporations similarly situated and appropriate for the conduct of the business of the Company and such Subsidiaries in a prudent manner, owning like properties with reputable insurers or with the government of the United States of America, or an agency or instrumentality thereof, in such amounts, with such deductibles, deductibles and by such methods as the Company in good faith shall determine to be customary, reasonable and appropriate in the reasonable, good faith opinion of the Company, for corporations similarly situated in the industrycircumstances.

Appears in 1 contract

Samples: Indenture (Earthlink Inc)

Maintenance of Properties and Insurance. (a) The Company shall will --------------------------------------- cause all properties used or held for use useful in the conduct of its business or the business of any Subsidiary of its Restricted Subsidiaries to be maintained and kept in good condition, repair and working order condition (ordinary wear and tear excepted) ), repair and working order and supplied with all necessary equipment and shall will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Company may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, provided that nothing in this Section 4.13 shall prevent the Company or any such Restricted Subsidiary from discontinuing the use, operation or maintenance of any of such property, properties or disposing of itany of them, if such discontinuance or disposal is, in the judgment of the Company, desirable in the conduct of its the business and not disadvantageous in any material respect to of the Holders. (b) Company or such Restricted Subsidiary. The Company shall will provide or cause to be provided, for itself and each of its Restricted Subsidiaries, insurance (including appropriate self-insurance) against loss or damage of the kinds thatcustomarily insured against by corporations similarly situated and owning like properties, in the reasonableincluding, good faith opinion of the Companybut not limited to, are adequate products liability insurance and appropriate for the conduct of the business of the Company and such Subsidiaries in a prudent mannerpublic liability insurance, with reputable insurers or with the government of the United States of America, or an agency or instrumentality thereof, in such amounts, with such deductibles, deductibles and by such methods as shall be customary, in the reasonable, good faith opinion of the Company, customary for corporations similarly situated in the industryindustry in which the Company or any such Restricted Subsidiary, as the case may be, is then conducting business.

Appears in 1 contract

Samples: Indenture (TVN Entertainment Corp)

Maintenance of Properties and Insurance. (a) The Company shall cause all material properties used or held for use useful in the conduct of its business or the business of any Subsidiary of its Restricted Subsidiaries to be maintained and kept in good condition, repair and working order (ordinary wear and tear excepted) and supplied with all necessary equipment and shall cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Company may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, provided that nothing in this Section 4.14 shall prevent the Company or any Restricted Subsidiary from discontinuing the use, operation or maintenance of any of such property, properties or disposing of itany of them, if such discontinuance or disposal is, in the judgment of the Company, desirable in the conduct of its the business and not disadvantageous in any material respect to of the Holders. (b) Company or such Restricted Subsidiary. The Company shall provide or cause to be provided, for itself and each of its Restricted Subsidiaries, insurance (including appropriate self-insurance) against loss or damage of the kinds that), in the reasonableincluding, good faith opinion of the Companybut not limited to, are adequate products liability insurance and appropriate for the conduct of the business of the Company and such Subsidiaries in a prudent mannerpublic liability insurance, with reputable insurers or with the government of the United States of America, or an agency or instrumentality thereof, in such amounts, with such deductibles, deductibles and by such methods as the Company shall be customary, in deem reasonably appropriate for the reasonable, good faith opinion business and properties of the CompanyCompany or any such Restricted Subsidiary, for corporations similarly situated in as the industrycase may be.

Appears in 1 contract

Samples: Indenture (Ingram Micro Inc)

Maintenance of Properties and Insurance. (a) The Company shall cause all properties used or held for use useful in the conduct of its business or the business of any Subsidiary of its Subsidiaries to be maintained and kept in good condition, repair and working order (ordinary wear and tear excepted) and supplied with all necessary equipment and shall cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Company may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, provided that nothing in this Section 4.14 shall prevent the Company or any such Subsidiary from discontinuing the use, operation or maintenance of any of such property, properties or disposing of itany of them, if such discontinuance or disposal is, in the judgment of the Company, desirable in the conduct of its the business and not disadvantageous in any material respect to of the Holders. (b) Company or such Subsidiary. The Company shall provide or cause to be provided, for itself and each of its Subsidiaries, insurance (including appropriate self-insurance) against loss or damage of the kinds thatcustomarily insured against by corporations similarly situated and owning like properties, in the reasonableincluding, good faith opinion of the Companybut not limited to, are adequate products liability insurance and appropriate for the conduct of the business of the Company and such Subsidiaries in a prudent mannerpublic liability insurance, with reputable insurers or with the government of the United States of America, or an agency or instrumentality thereof, in such amounts, with such deductibles, deductibles and by such methods as shall be customary, in the reasonable, good faith opinion of the Company, customary for corporations similarly situated in the industryindustry in which the Company or any such Subsidiary, as the case may be, is then conducting business.

Appears in 1 contract

Samples: Indenture (Knology Inc)

Maintenance of Properties and Insurance. (a) The Company shall cause all properties used or held for use in the conduct of its business or the business of any Restricted Subsidiary to be maintained and kept in good condition, repair and working order (ordinary wear and tear excepted) and supplied with all necessary equipment and shall cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Company may be necessary so that there is no material adverse effect to the business carried on in connection therewith may be properly Company and advantageously conducted at all timesits Restricted Subsidiaries, taken as a whole; provided, however, that nothing in this Section shall prevent the Company from discontinuing the operation or maintenance of any such property, or disposing of it, if such discontinuance or disposal is, in the judgment of the Company, desirable in the conduct of its business and not disadvantageous in any material respect to the Holders. (b) The Company shall provide or cause to be provided, for itself and each of its Restricted Subsidiaries, insurance (including appropriate self-insurance) against loss or damage of the kinds that, in the reasonable, good faith opinion of the Company, are adequate and appropriate for the conduct of the business of the Company and such Restricted Subsidiaries in a prudent manner, with reputable insurers or with the government of the United States or an agency or instrumentality thereof, in such amounts, with such deductibles, and by such methods as shall be customary, in the reasonable, good faith opinion of the Company, for corporations similarly situated in the industry.

Appears in 1 contract

Samples: Indenture (Gothic Energy Corp)

Maintenance of Properties and Insurance. (a) The Company shall will -------------------------------------------- cause all properties used or held for use useful in the conduct of its business or the business of any Subsidiary of its Restricted Subsidiaries to be maintained and kept in good condition, repair and working order (ordinary wear and tear excepted) and supplied with all necessary equipment and shall will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Company may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, provided that nothing in this Section 4.15 shall prevent the Company or any Restricted Subsidiary from discontinuing the use, operation or maintenance of any of such property, properties or disposing of itany of them, if such discontinuance or disposal is, in the judgment of the Company, desirable in the conduct of its the business and not disadvantageous in any material respect to of the Holders. (b) Company or such Restricted Subsidiary. The Company shall will provide or cause to be provided, for itself and each of its Restricted Subsidiaries, insurance (including appropriate self-insuranceselfinsurance) against loss or damage of the kinds thatcustomarily insured against by corporations similarly situated and owning like properties, in the reasonableincluding, good faith opinion of the Companybut not limited to, are adequate products liability insurance and appropriate for the conduct of the business of the Company and such Subsidiaries in a prudent mannerpublic liability insurance, with reputable insurers or with the government of the United States of America, or an agency or instrumentality thereof, in such amounts, with such deductibles, deductibles and by such methods as shall be customary, in the reasonable, good faith opinion of the Company, customary for corporations similarly situated in the industryindustry in which the Company or any such Restricted Subsidiary, as the case may be, is then conducting business.

Appears in 1 contract

Samples: Indenture (CFW Communications Co)

Maintenance of Properties and Insurance. (a) The Company shall cause all properties used or held for use useful in the conduct of its business or the business of any Subsidiary of its Restricted Subsidiaries to be maintained and kept in good condition, repair and working order (ordinary wear and tear excepted) and supplied with all necessary equipment equipment, and shall cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Company may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, provided that nothing in this Section 4.14 shall prevent the Company or any such Restricted Subsidiary from discontinuing the use, operation or maintenance of any of such property, properties or disposing of itany of them, if such discontinuance or disposal is, in the judgment of the Company, desirable in the conduct of its the business and not disadvantageous in any material respect to of the Holders. (b) Company or such Restricted Subsidiary. The Company shall provide or cause to be provided, for itself and each of its SubsidiariesRestricted Subsidiary, insurance (including appropriate self-insurance) against loss or damage of the kinds that, in the reasonable, good faith opinion of the Company, are adequate customarily insured against by corporations similarly situated and appropriate for the conduct of the business of the Company and such Subsidiaries in a prudent mannerowning like properties, with reputable insurers or with the government of the United States of America, or an agency or instrumentality thereof, in such amounts, with such deductibles, deductibles and by such methods as shall be customary, in the reasonable, good faith opinion of the Company, customary for corporations similarly situated in the industry.similarly

Appears in 1 contract

Samples: Indenture (Amazon Com Inc)

Maintenance of Properties and Insurance. (a) The Company shall will --------------------------------------- cause all properties used or held for use useful in the conduct of its business or the business of any Subsidiary of its Restricted Subsidiaries to be maintained and kept in good condition, repair and working order (ordinary wear and tear excepted) and supplied with all necessary equipment and shall will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Company may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, provided that nothing in this Section 4.13 shall prevent the Company or any such Subsidiary from discontinuing the use, operation or maintenance of any of such property, properties or disposing of itany of them, if such discontinuance or disposal is, in the judgment of the Company, desirable in the conduct of its the business and not disadvantageous in any material respect to of the Holders. (b) Company or such Subsidiary. The Company shall will provide or cause to be provided, for itself and each of its Restricted Subsidiaries, insurance (including appropriate self-insurance) against loss or damage of the kinds thatcustomarily insured against by corporations similarly situated and owning like properties, in the reasonableincluding, good faith opinion of the Companybut not limited to, are adequate products liability insurance and appropriate for the conduct of the business of the Company and such Subsidiaries in a prudent mannerpublic liability insurance, with reputable insurers or with the government of the United States of America, or an agency or instrumentality thereof, in such amounts, with such deductibles, deductibles and by such methods as shall be customary, in the reasonable, good faith opinion of the Company, customary for corporations similarly situated in the industryindustry in which the Company or any such Restricted Subsidiary, as the case may be, is then conducting business.

Appears in 1 contract

Samples: Indenture (Diva Systems Corp)

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Maintenance of Properties and Insurance. (a) The Company shall, and shall cause all properties used or held for use in the conduct each of its business or the business of any Subsidiary to be maintained and kept Restricted Subsidiaries to, maintain its material properties in good condition, repair and working order and condition (subject to ordinary wear and tear exceptedtear) and supplied with all necessary equipment and shall cause to be made make all necessary repairs, renewals, replacements, additions, betterments and improvements thereofthereto, all as in the judgment of the Company or such Restricted Subsidiary may be necessary so that the business carried appropriate in order to conduct and carry on in connection therewith may be properly and advantageously conducted at all timesits business; provided, however, that nothing in this Section 4.05 shall prevent the Company or any of its Restricted Subsidiaries from discontinuing the operation or and maintenance of any such property, or disposing of itits properties, if such discontinuance or disposal is, in the good faith judgment of the CompanyBoard of Directors of the Company or the Restricted Subsidiary, as the case may be, desirable in the conduct of its business and not disadvantageous in any material respect to the Holderstheir respective businesses. (b) The Company shall provide or cause to be provided, for itself and each of its Restricted Subsidiaries, insurance (including appropriate self-insurance) against loss or damage of the kinds that, in the reasonable, good faith opinion judgment of the 49 -42- Board of Directors of the Company, are adequate and appropriate for the conduct of the business of the Company and such Subsidiaries in a prudent mannerRestricted Subsidiaries, with reputable insurers or with the government of the United States of America or an agency or instrumentality thereof, in such amounts, with such deductibles, and by such methods as shall be customary, in the reasonable, good faith opinion judgment of the Board of Directors of the Company, for corporations companies similarly situated in the industry.

Appears in 1 contract

Samples: Indenture (McMS Inc)

Maintenance of Properties and Insurance. (a) The Company agrees that it shall cause all properties used or held for use useful in the conduct of its business or the business of any Subsidiary of the Restricted Subsidiaries to be maintained and kept in good condition, repair and working order (ordinary wear and tear excepted) and supplied with all necessary equipment and shall will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Company may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, provided that nothing in this Section 4.14 shall prevent the Company or any Restricted Subsidiary from discontinuing the use, operation or maintenance of any of such property, properties or disposing of itany of them, if such discontinuance or disposal is, in the judgment of the CompanyCompany or such Restricted Subsidiary having managerial responsibility for any such property, desirable in the conduct of its the business and not disadvantageous in any material respect to of the Holders. (b) Company or such Restricted Subsidiary. The Company agrees it shall provide or cause to be provided, for itself and each of its the Restricted Subsidiaries, insurance (including appropriate self-insurance) against loss or damage of the kinds that, in the reasonable, good faith opinion of the Company, are adequate customarily insured against by corporations similarly situated and appropriate for the conduct of the business of the Company and such Subsidiaries in a prudent manner, owning like properties with reputable insurers or with the government of the United States of America, or an agency or instrumentality thereof, in such amounts, with such deductibles, deductibles and by such methods as the Company in good faith shall determine to be customary, reasonable and appropriate in the reasonable, good faith opinion of the Company, for corporations similarly situated in the industrycircumstances.

Appears in 1 contract

Samples: Indenture (Earthlink Inc)

Maintenance of Properties and Insurance. (a) The Company shall --------------------------------------- cause all properties used or held for use useful in the conduct of its business or the business of any Subsidiary of its Restricted Subsidiaries to be maintained and kept in good condition, repair and working order (ordinary wear and tear excepted) and supplied with all necessary equipment and shall cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Company may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, provided that nothing in this Section 4.15 shall prevent the Company or any Restricted Subsidiary from discontinuing the use, operation or maintenance of any of such property, properties or disposing of itany of them, if such discontinuance or disposal is, in the judgment of the Company, desirable in the conduct of its the business and not disadvantageous in any material respect to of the Holders. (b) Company or such Restricted Subsidiary. The Company shall provide or cause to be provided, for itself and each of its Restricted Subsidiaries, insurance (including appropriate self-insurance) against loss or damage of the kinds thatcustomarily insured against by corporations similarly situated and owning like properties, in the reasonableincluding, good faith opinion of the Companybut not limited to, are adequate products liability insurance and appropriate for the conduct of the business of the Company and such Subsidiaries in a prudent mannerpublic liability insurance, with reputable insurers or with the government of the United States of America, or an agency or instrumentality thereof, in such amounts, with such deductibles, deductibles and by such methods as shall be customary, in the reasonable, good faith opinion of the Company, customary for corporations similarly situated in the industryindustry in which the Company or any such Restricted Subsidiary, as the case may be, is then conducting business.

Appears in 1 contract

Samples: Indenture (Urs Corp /New/)

Maintenance of Properties and Insurance. (a) The Company shall cause all properties used or held for use in the conduct of its business or the business of any Subsidiary to be maintained and kept in good condition, repair and working order (ordinary wear and tear excepted) and supplied with all necessary equipment and shall cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Company may be necessary so that there is no material adverse effect to the business carried on in connection therewith may be properly Company and advantageously conducted at all timesits Subsidiaries, taken as a whole; provided, however, that nothing in this Section shall prevent the 47 Company from discontinuing the operation or maintenance of any such property, or abandoning or disposing of it, if such discontinuance discontinuance, abandonment or disposal is, in the judgment of the Board of Directors of the Company, desirable in the conduct of its business and of the business of it and its Subsidiaries taken as a whole and not adverse to the timely payment and performance of the obligations under this Indenture or otherwise disadvantageous in any other material respect to the Holders. (b) The Company shall provide or cause to be provided, for itself and each of its Subsidiaries, insurance (including appropriate self-insurance) against loss or damage of the kinds that, in the reasonable, good faith opinion of the Company, are adequate and appropriate for the conduct of the business of the Company and such Subsidiaries in a prudent manner, with reputable insurers or with the government of the United States or an agency or instrumentality thereof, in such amounts, with such deductibles, and by such methods as shall be customary, in the reasonable, good faith opinion of the Company, for corporations similarly situated in the industry.

Appears in 1 contract

Samples: Indenture (Michael Petroleum Corp)

Maintenance of Properties and Insurance. (a) The Company shall will cause all properties used or held for use useful in the conduct of its business or the business of any Subsidiary of its Restricted Subsidiaries, to be maintained and kept in good condition, repair and working order (ordinary wear and tear excepted) and supplied with all necessary equipment and shall will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Company may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, provided that nothing in this Section 4.16 shall prevent the Company or any such Subsidiary from discontinuing the use, operation or maintenance of any of such property, properties or disposing of itany of them, if such discontinuance or disposal is, in the judgment of the Company, desirable in the conduct of its the business and not disadvantageous in any material respect to of the Holders. (b) Company or such Subsidiary. The Company shall will provide or cause to be provided, for itself and each of its Restricted Subsidiaries, insurance (including appropriate self-insurance) against loss or damage of the kinds that, in the reasonable, good faith opinion of the Company, are adequate customarily insured against by corporations similarly situated and appropriate for the conduct of the business of the Company and such Subsidiaries in a prudent mannerowning like properties, with reputable insurers or with the government of the United States of America, or an agency or instrumentality thereof, in such amounts, with such deductibles, deductibles and by such methods as shall be customary, in the reasonable, good faith opinion of the Company, customary for corporations similarly situated in the industryindustry in which the Company or such Restricted Subsidiary, as the case may be, is then conducting business.

Appears in 1 contract

Samples: Senior Notes Indenture (Colo Com)

Maintenance of Properties and Insurance. (a) The Company shall, and shall cause all properties used or held for use in the conduct each of its business or the business of any Subsidiary Restricted Subsidiaries to, maintain its material properties in normal condition (subject to be maintained and kept in good condition, repair and working order (ordinary wear and tear exceptedtear) and supplied with make all necessary equipment and shall cause to be made all reasonably necessary repairs, renewals, replacements, betterments and improvements thereof, all renewals or replacements thereto as in the judgment of the Company may be reasonably necessary so that to the conduct of the business carried on in connection therewith may be properly of the Company and advantageously conducted at all timesits Restricted Subsidiaries; provided, however, that nothing in this Section 4.05 shall prevent -------- ------- the Company or any of its Restricted Subsidiaries from discontinuing the operation or and maintenance of any such property, or disposing of itits properties, if such discontinuance or disposal isproperties are, in the reasonable and good faith judgment of the CompanyBoard of Directors of the Company or the Restricted Subsidiary, desirable as the case may be, no longer reasonably necessary in the conduct of its business and not disadvantageous in any material respect to the Holderstheir respective businesses. (b) The Company shall provide or cause to be provided, for itself and each of its Restricted Subsidiaries, insurance (including appropriate self-insurance) against loss or damage of the kinds that, in the reasonable, good faith opinion judgment of the Board of Directors of the Company, are adequate and appropriate for the conduct of the business of the Company and such Restricted Subsidiaries in a prudent manner, with reputable insurers or with the government of the United States of America or an agency or instrumentality thereof, in such amounts, with such deductibles, and by such methods as shall be customary, in the reasonable, good faith opinion judgment of the Board of Directors of the Company, for corporations companies similarly situated in the industry.

Appears in 1 contract

Samples: Indenture (Cambridge Industries Inc /De)

Maintenance of Properties and Insurance. (a) The Company shall cause all properties used or held for use useful in the conduct of its business or the business of any Subsidiary of its Restricted Subsidiaries, to be maintained and kept in good condition, repair and working order (ordinary wear and tear excepted) and supplied with all necessary equipment and shall will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Company may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, PROVIDED that nothing in this Section 4.14 shall prevent the Company or any such Subsidiary from discontinuing the use, operation or maintenance of any of such property, properties or disposing of itany of them, if such discontinuance or disposal is, in the judgment of the Company, desirable in the conduct of its the business and not disadvantageous in any material respect to of the Holders. (b) Company or such Subsidiary. The Company shall provide or cause to be provided, for itself and each of its Restricted Subsidiaries, insurance (including appropriate self-insurance) against loss or damage of the kinds thatcustomarily insured against by corporations similarly situated and owning like properties, in the reasonableincluding, good faith opinion of the Companybut not limited to, are adequate products liability insurance and appropriate for the conduct of the business of the Company and such Subsidiaries in a prudent mannerpublic liability insurance, with reputable insurers or with the government of the United States of America, or an agency or instrumentality thereof, in such amounts, with such deductibles, deductibles and by such methods as shall be customary, in the reasonable, good faith opinion of the Company, customary for corporations similarly situated in the industryindustry in which the Company or such Restricted Subsidiary, as the case may be, is then conducting business.

Appears in 1 contract

Samples: Indenture (Dobson Communications Corp)

Maintenance of Properties and Insurance. (a) The Company shall cause all material properties owned by or leased to it or any subsidiary of the Company and used or held for use useful in the conduct of its business or the business of any Subsidiary such subsidiary to be maintained and kept in good normal condition, repair and working order (ordinary wear and tear excepted) and supplied with all necessary equipment and shall cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Company may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, provided that nothing in this Section 4.15 shall prevent the Company or any subsidiary of the Company from discontinuing the use, operation or maintenance of any such propertyproperties, or disposing of itany of them, if such discontinuance or disposal is, in the judgment of the Board of Directors of the Company or the subsidiary concerned, or of any officer (or other agent employed by the Company or any subsidiary of the Company) of the Company or such subsidiary having managerial responsibility for any such property, desirable in the conduct of its the business of the Company or any subsidiary of the Company and if such discontinuance or disposal is not disadvantageous adverse in any material respect to the Holders. (b) . The Company shall provide or cause to be provided, for itself and each any subsidiaries of its Subsidiariesthe Company, insurance (including appropriate self-self insurance) against loss or damage of the kinds thatcustomary for corporations similarly situated and owning like properties, in the reasonableincluding, good faith opinion of the Companybut not limited to, are adequate and appropriate for the conduct of the business of the Company and such Subsidiaries in a prudent mannerpublic liability insurance, with reputable insurers or with the government of the United States of America or an agency or instrumentality thereof, in such amounts, amounts with such deductibles, deductibles and by such methods as shall be customary, in the reasonable, good faith opinion of the Company, customary for corporations similarly situated in the industry.

Appears in 1 contract

Samples: Indenture (Lear Corp /De/)

Maintenance of Properties and Insurance. (a) The Company shall will cause all properties used or held for use useful in the conduct of its business or the business of any Subsidiary of the Restricted Subsidiaries to be maintained and kept in good condition, repair and working order (ordinary wear and tear excepted) and supplied with all necessary equipment and shall will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Company may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that nothing in this Section 10.15 shall prevent the Company or any Restricted Subsidiary from discontinuing the use, operation or maintenance of any of such property, properties or disposing of itany of them, if such discontinuance or disposal is, in the judgment of the CompanyCompany or of such Restricted Subsidiary having managerial responsibility for any such property, desirable in the conduct of its the business and not disadvantageous in any material respect to of the Holders. (b) Company or such Restricted Subsidiary. The Company shall will provide or cause to be provided, for itself and each of its the Restricted Subsidiaries, insurance (including appropriate self-insurance) against loss or damage of the kinds that, in the reasonable, good faith opinion of the Company, are adequate customarily insured against by corporations similarly situated and appropriate for the conduct of the business of the Company and such Subsidiaries in a prudent manner, owning like properties 113 with reputable insurers or with the government of the United States of America, or an agency or instrumentality thereof, in such amounts, with such deductibles, deductibles and by such methods as the Company in good faith shall determine to be customary, reasonable and appropriate in the reasonable, good faith opinion of the Company, for corporations similarly situated in the industrycircumstances.

Appears in 1 contract

Samples: Indenture (Time Warner Telecom Inc)

Maintenance of Properties and Insurance. (a) The Company shall will cause all material properties used or held for use useful in the conduct of its business or the business of any Subsidiary of its Restricted Subsidiaries, to be maintained and kept in good condition, repair and working order (ordinary wear and tear excepted) and supplied with all necessary equipment and shall will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Company may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, provided that nothing in this Section 4.17 shall prevent the Company or any such Subsidiary from discontinuing the use, operation or maintenance of any of such property, properties or disposing of itany of them, if such discontinuance or disposal is, in the judgment of the Company, desirable in the conduct of its the business and not disadvantageous in any material respect to of the Holders. (b) Company or such Subsidiary. The Company shall will provide or cause to be provided, for itself and each of its Restricted Subsidiaries, insurance (including appropriate self-insurance) against loss or damage of the kinds thatcustomarily insured against by corporations similarly situated and owning like properties, in the reasonableincluding, good faith opinion of the Companybut not limited to, are adequate products liability insurance and appropriate for the conduct of the business of the Company and such Subsidiaries in a prudent mannerpublic liability insurance, with reputable insurers or with the government of the United States of America, or an agency or instrumentality thereof, in such amounts, with such deductibles, deductibles and by such methods as shall be customary, in the reasonable, good faith opinion of the Company, customary for corporations similarly situated in the industryindustry in which the Company or such Restricted Subsidiary, as the case may be, is then conducting business.

Appears in 1 contract

Samples: Indenture (Triarc Companies Inc)

Maintenance of Properties and Insurance. (a) The Company shall will cause all properties used or held for use useful in the conduct of its business or the business of any Subsidiary of its Material Subsidiaries, to be maintained and kept in good condition, repair and working order (ordinary wear and tear excepted) and supplied with all necessary equipment and shall will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Company may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, PROVIDED that nothing in this Section Paragraph 2.13 shall prevent the Company or any such Subsidiary from discontinuing the use, operation or maintenance of any of such property, properties or disposing of itany of them, if such discontinuance or disposal is, in the judgment of the Company, desirable in the conduct of its the business and not disadvantageous in any material respect to of the Holders. (b) Company or such Subsidiary. The Company shall will provide or cause to be provided, for itself and each of its Material Subsidiaries, insurance (including appropriate self-insurance) against loss or damage of the kinds that, in the reasonable, good faith opinion of the Company, are adequate customarily insured against by corporations similarly situated and appropriate for the conduct of the business of the Company and such Subsidiaries in a prudent mannerowning like properties, with reputable insurers or with the government of the United States of America, or an agency or instrumentality thereof, in such amounts, with such deductibles, deductibles and by such methods as shall be customary, in the reasonable, good faith opinion of the Company, customary for corporations similarly situated in the industryindustry in which the Company or such Material Subsidiary, as the case may be, is then conducting business.

Appears in 1 contract

Samples: Corporate Guarantee and Indemnity (Viatel Inc)

Maintenance of Properties and Insurance. (a) The Company shall will --------------------------------------- cause all properties used or held for use useful in the conduct of its business or the business of any Subsidiary of its Restricted Subsidiaries to be maintained and kept in good condition, repair and working order (ordinary wear and tear excepted) and supplied with all necessary equipment and shall will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Company may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, provided that nothing in this Section 4.15 shall prevent the Company or any Restricted Subsidiary from discontinuing the use, operation or maintenance of any of such property, properties or disposing of itany of them, if such discontinuance or disposal is, in the judgment of the Company, desirable in the conduct of its the business and not disadvantageous in any material respect to of the Holders. (b) Company or such Restricted Subsidiary. The Company shall will provide or cause to be provided, for itself and each of its Restricted Subsidiaries, insurance (including appropriate self-insurance) against loss or damage of the kinds thatcustomarily insured against by corporations similarly situated and owning like properties, in the reasonableincluding, good faith opinion of the Companybut not limited to, are adequate products liability insurance and appropriate for the conduct of the business of the Company and such Subsidiaries in a prudent mannerpublic liability insurance, with reputable insurers or with the government of the United States of America, or an agency or instrumentality thereof, in such amounts, with such deductibles, deductibles and by such methods as shall be customary, in the reasonable, good faith opinion of the Company, customary for corporations similarly situated in the industryindustry in which the Company or any such Restricted Subsidiary, as the case may be, is then conducting business.

Appears in 1 contract

Samples: Indenture (Ipc Information Systems Inc)

Maintenance of Properties and Insurance. (a) The Company shall will cause all properties used or held for use useful in the conduct of its business or the business of any Subsidiary of its Restricted Subsidiaries, to be maintained and kept in good condition, repair and working order (ordinary wear and tear excepted) and supplied with all necessary equipment and shall will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Company may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, provided that nothing in this Section 6.07 shall prevent the Company or any such Subsidiary from discontinuing the use, operation or maintenance of any of such property, properties or disposing of itany of them, if such discontinuance or disposal is, in the judgment of the Company, desirable in the conduct of its the business and not disadvantageous in any material respect to of the Holders. (b) Company or such Subsidiary. The Company shall will provide or cause to be provided, for itself and each of its Restricted Subsidiaries, insurance (including appropriate self-insurance) against loss or damage of the kinds that, in the reasonable, good faith opinion of the Company, are adequate customarily insured against by corporations similarly situated and appropriate for the conduct of the business of the Company and such Subsidiaries in a prudent mannerowning like properties, with reputable insurers or with the government of the United States of America, or an agency or instrumentality thereof, in such amounts, with such deductibles, deductibles and by such methods as shall be customary, in the reasonable, good faith opinion of the Company, customary for corporations similarly situated in the industryindustry in which the Company or such Restricted Subsidiary, as the case may be, is then conducting business.

Appears in 1 contract

Samples: Subordinated Debenture Indenture (Viatel Inc)

Maintenance of Properties and Insurance. (a) The Company shall --------------------------------------- cause all properties used or held for use useful in the conduct of its business or the business of any Subsidiary of its Restricted Subsidiaries to be maintained and kept in good condition, repair and working order (ordinary wear and tear excepted) and supplied with all necessary equipment and shall will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Company may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, provided that nothing in this Section 4.15 shall prevent the Company or any Restricted Subsidiary from discontinuing the use, operation or maintenance of any of such property, properties or disposing of itany of them, if such discontinuance or disposal is, in the judgment of the Company, desirable in the conduct of its the business and not disadvantageous in any material respect to of the Holders. (b) Company or such Restricted Subsidiary. The Company shall will provide or cause to be provided, for itself and each of its Restricted Subsidiaries, insurance (including appropriate self-insurance) against loss or damage of the kinds thatcustomarily insured against by corporations similarly situated and owning like properties, in the reasonableincluding, good faith opinion of the Companybut not limited to, are adequate products liability insurance and appropriate for the conduct of the business of the Company and such Subsidiaries in a prudent mannerpublic liability insurance, with reputable insurers or with the government of the United States of America, or an agency or instrumentality thereof, in such amounts, with such deductibles, deductibles and by such methods as shall be customary, in the reasonable, good faith opinion of the Company, customary for corporations similarly situated in the industryindustry in which the Company or any such Restricted Subsidiary, as the case may be, is then conducting business.

Appears in 1 contract

Samples: Indenture (Marvel Enterprises Inc)

Maintenance of Properties and Insurance. (a) The Company shall will ---------------------------------------------- cause all properties used or held for use useful in the conduct of its business or the business of any Subsidiary of its Restricted Subsidiaries to be maintained and kept in good condition, repair and working order (ordinary wear and tear excepted) and supplied with all necessary equipment and shall will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Company may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, provided that nothing in this Section 4.15 shall prevent the Company or any Restricted Subsidiary from discontinuing the use, operation or maintenance of any of such property, properties or disposing of itany of them, if such discontinuance or disposal is, in the judgment of the Company, desirable in the conduct of its the business and not disadvantageous in any material respect to of the Holders. (b) Company or such Restricted Subsidiary. The Company shall will provide or cause to be provided, for itself and each of its Restricted Subsidiaries, insurance (including appropriate self-insuranceselfinsurance) against loss or damage of the kinds thatcustomarily insured against by corporations similarly situated and owning like properties, in the reasonableincluding, good faith opinion of the Companybut not limited to, are adequate products liability insurance and appropriate for the conduct of the business of the Company and such Subsidiaries in a prudent mannerpublic liability insurance, with reputable insurers or with the government of the United States of America, or an agency or instrumentality thereof, in such amounts, with such deductibles, deductibles and by such methods as shall be customary, in the reasonable, good faith opinion of the Company, customary for corporations similarly situated in the industryindustry in which the Company or any such Restricted Subsidiary, as the case may be, is then conducting business.

Appears in 1 contract

Samples: Indenture (CFW Communications Co)

Maintenance of Properties and Insurance. (a) The Company shall will cause all properties used or held for use useful in the conduct of its business or the business of any Subsidiary of its Restricted Subsidiaries, to be maintained and kept in good condition, repair and working order (ordinary wear and tear excepted) and supplied with all necessary equipment and shall will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Company may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, provided that nothing in this Section 3.22 shall prevent the Company or any such Subsidiary from discontinuing the use, operation or maintenance of any of such property, properties or disposing of itany of them, if such discontinuance or disposal is, in the judgment of the Company, desirable in the conduct of its the business and not disadvantageous in any material respect to of the Holders. (b) Company or such Subsidiary. The Company shall will provide or cause to be provided, for itself and each of its Restricted Subsidiaries, insurance (including appropriate self-insurance) against loss or damage of the kinds thatcustomarily insured against by corporations similarly situated and owning like properties, in the reasonableincluding, good faith opinion of the Companybut not limited to, are adequate products liability insurance and appropriate for the conduct of the business of the Company and such Subsidiaries in a prudent mannerpublic liability insurance, with reputable insurers or with the government of the United States of America, or an agency or instrumentality thereof, in such amounts, with such deductibles, deductibles and by such methods as shall be customary, in the reasonable, good faith opinion of the Company, customary for corporations similarly situated in the industryindustry in which the Company or such Restricted Subsidiary, as the case may be, is then conducting business.

Appears in 1 contract

Samples: Indenture (Zd Inc)

Maintenance of Properties and Insurance. (a) The Company shall will cause all properties used or held for use useful in the conduct of its business or the business of any Subsidiary of its Restricted Subsidiaries, to be maintained and kept in good reasonable condition, repair and working order (ordinary wear and tear excepted) and supplied with all necessary equipment and shall will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Company may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that nothing in this Section 4.15 shall prevent the Company or any such Subsidiary from discontinuing the use, operation or maintenance of any of such property, properties or disposing of itany of them, if such discontinuance or disposal is, in the judgment of the Company, desirable in the conduct of its the business and not disadvantageous in any material respect to of the Holders. (b) Company or such Subsidiary. The Company shall will provide or cause to be provided, for itself and each of its Restricted Subsidiaries, insurance (including appropriate self-insurance) against loss or damage of the kinds thatcustomarily insured against by corporations similarly situated and owning like properties, in the reasonableincluding, good faith opinion of the Companybut not limited to, are adequate product liability insurance and appropriate for the conduct of the business of the Company and such Subsidiaries in a prudent mannerpublic liability insurance, with reputable insurers or with the government of the United States of America, or an agency or instrumentality thereof, in such amounts, with such deductibles, deductibles and by such methods as shall be customary, in the reasonable, good faith opinion of the Company, customary for corporations similarly situated in the industryindustry in which the Company or such Restricted Subsidiary, as the case may be, is then conducting business.

Appears in 1 contract

Samples: Senior Deferred Interest Notes Indenture (Winstar Communications Inc)

Maintenance of Properties and Insurance. (a) The Company shall, and shall cause all properties used or held for use in the conduct each of its business or the business of any Subsidiary to be maintained and kept Restricted Subsidiaries to, maintain its material properties in good condition, repair and working order and condition (subject to ordinary wear and tear exceptedtear) and supplied with all necessary equipment and shall cause to be made make all necessary repairs, renewals, replacements, additions, betterments and improvements thereofthereto, all as in the judgment of the Company or such Restricted Subsidiary may be necessary so that the business carried appropriate in order to conduct and carry on in connection therewith may be properly and advantageously conducted at all timesits business; provided, however, that nothing in this Section 4.05 shall prevent the Company or any of its Restricted Subsidiaries from discontinuing the operation or and maintenance of any such property, or disposing of itits properties, if such discontinuance or disposal is, in the good faith judgment of the CompanyBoard of Directors of the Company or the Restricted Subsidiary, as the case may be, desirable in the conduct of its business and not disadvantageous in any material respect to the Holderstheir respective businesses. (b) The Company shall provide or cause to be provided, for itself and each of its Restricted Subsidiaries, insurance (including appropriate self-insurance) against loss or damage of the kinds that, in the reasonable, good faith opinion judgment of the Board of Directors of the Company, are adequate and appropriate for the conduct of the business of the Company and such Subsidiaries in a prudent mannerRestricted Subsidiaries, with reputable insurers or with the government of the United States of America or an agency or instrumentality thereof, in such amounts, with such deductibles, and by such methods as shall be customary, in the reasonable, good faith opinion judgment of the Board of Directors of the Company, for corporations companies similarly situated in the industry.

Appears in 1 contract

Samples: Indenture (McMS Inc)

Maintenance of Properties and Insurance. (a) The Company shall, and shall cause all properties used or held for use in the conduct each of its business or the business of any Subsidiary to be maintained and kept Restricted Subsidiaries to, maintain its material properties in good condition, repair and working order and condition (subject to ordinary wear and tear exceptedtear) and supplied with all necessary equipment and shall cause to be made make all necessary repairs, renewals, replacements, additions, betterments and improvements thereof, all as in the judgment of the Company may be necessary so that the business carried thereto and actively conduct and carry on in connection therewith may be properly and advantageously conducted at all timesits business; provided, however, that --------- ------- nothing in this Section 4.05 shall prevent the Company or any of its Restricted Subsidiaries from discontinuing the operation or and maintenance of any such property, or disposing of itits properties, if such discontinuance or disposal is, in the good faith judgment of the CompanyBoard of Directors of the Company or the Restricted Subsidiary, as the case may be, desirable in the conduct of its business their respective businesses and is not disadvantageous in any material respect to the Holders. (b) The Company shall provide or cause to be provided, for itself and each of its Restricted Subsidiaries, insurance (including appropriate self-insurance) against loss or damage of the kinds that, in the reasonable, good faith opinion judgment of the Board of Directors of the Company, are adequate and appropriate for the conduct of the business of the Company and such Restricted Subsidiaries in a prudent manner, with reputable insurers or with the government of the United States of America or an agency or instrumentality thereof, in such amounts, with such deductibles, and by such methods as shall be customary, in the reasonable, good faith opinion judgment of the Board of Directors of the Company, for corporations companies similarly situated in the industry.

Appears in 1 contract

Samples: Indenture (Dade International Inc)

Maintenance of Properties and Insurance. (a) The Company shall ----------------------------------------- will cause all properties used or held for use useful in the conduct of its business or the business of any Subsidiary of its Restricted Subsidiaries, to be maintained and kept in good condition, repair and working order (ordinary wear and tear excepted) and supplied with all necessary equipment and shall will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Company may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, provided that nothing in this Section 3.15 shall prevent the Company or any such Restricted Subsidiary from discontinuing the use, operation or maintenance of any of such property, properties or disposing of itany of them, if such discontinuance or disposal is, in the judgment of the Company, desirable in the conduct of its the business and not disadvantageous in any material respect to of the Holders. (b) Company or such Restricted Subsidiary. The Company shall will provide or cause to be provided, for itself and each of its Restricted Subsidiaries, insurance (including appropriate self-insurance) against loss or damage of the kinds that, in the reasonable, good faith opinion of the Company, are adequate customarily insured against by corporations similarly situated and appropriate for the conduct of the business of the Company and such Subsidiaries in a prudent mannerowning like properties, with reputable insurers or with the government of the United States of America, or an agency or instrumentality thereof, in such amounts, with such deductibles, deductibles and by such methods as shall be customary, in the reasonable, good faith opinion of the Company, customary for corporations similarly situated in the industryindustry in which the Company or such Restricted Subsidiary, as the case may be, is then conducting business.

Appears in 1 contract

Samples: Indenture (Loudcloud Inc)

Maintenance of Properties and Insurance. (a) The Company shall --------------------------------------- will cause all properties used or held for use useful in the conduct of its business or the business of any Subsidiary of its Restricted Subsidiaries, to be maintained and kept in good condition, repair and working order (ordinary wear and tear excepted) and supplied with all necessary equipment and shall will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Company may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, provided that nothing in this Section 4.14 shall prevent the Company or any such Subsidiary from discontinuing the use, operation or maintenance of any of such property, properties or disposing of itany of them, if such discontinuance or disposal is, in the judgment of the Company, desirable in the conduct of its the business and not disadvantageous in any material respect to of the Holders. (b) Company or such Subsidiary. The Company shall will provide or cause to be provided, for itself and each of its Restricted Subsidiaries, insurance (including appropriate self-insurance) against loss or damage of the kinds thatcustomarily insured against by corporations similarly situated and owning like properties, in the reasonableincluding, good faith opinion of the Companybut not limited to, are adequate products liability insurance and appropriate for the conduct of the business of the Company and such Subsidiaries in a prudent mannerpublic liability insurance, with reputable insurers or with the government of the United States of America, or an agency or instrumentality thereof, in such amounts, with such deductibles, deductibles and by such methods as shall be customary, in the reasonable, good faith opinion of the Company, customary for corporations similarly situated in the industryindustry in which the Company or such Restricted Subsidiary, as the case may be, is then conducting business.

Appears in 1 contract

Samples: Indenture (Silgan Holdings Inc)

Maintenance of Properties and Insurance. (a) The Company shall, and shall cause all properties used or held for use in the conduct each of its business or the business of any Subsidiary to be maintained and kept Restricted Subsidiaries to, maintain its material properties in good condition, repair and working order and condition (subject to ordinary wear and tear exceptedtear) and supplied with all necessary equipment and shall cause to be made make all necessary repairs, renewals, replacements, additions, betterments and improvements thereof, all as in the judgment of the Company may be necessary so that the business carried thereto and actively conduct and carry on in connection therewith may be properly and advantageously conducted at all timesits business; provided, however, that nothing in this Section 4.05 shall prevent the Company or any of its Restricted Subsidiaries from discontinuing the operation or and maintenance of any such property, or disposing of itits properties, if such discontinuance or disposal is, in the good faith judgment of the CompanyBoard of Directors of the Company or the Restricted Subsidiary, as the case may be, desirable in the conduct of its business their respective businesses and is not disadvantageous in any material respect to the Holders. (b) The Company shall provide or cause to be provided, for itself and each of its Restricted Subsidiaries, insurance (including appropriate self-insurance) against loss or damage of the kinds that, in the reasonable, good faith opinion judgment of the Board of Directors of the Company, are adequate and appropriate for the conduct of the business of the Company and such Restricted Subsidiaries in a prudent manner, with reputable insurers or with the government of the United States of America or an agency or instrumentality thereof, in such amounts, with such deductibles, and by such methods as shall be customarybe, in the reasonable, good faith opinion judgment of the Board of Directors of the Company, adequate and appropriate for corporations similarly situated in the industryconduct of the business of the Company and such Restricted Subsidiaries.

Appears in 1 contract

Samples: Indenture (Ameristar Casinos Inc)

Maintenance of Properties and Insurance. (a) The Company shall cause all properties used or held for use useful in the conduct of its business or the business of any Subsidiary of its Restricted Subsidiaries to be maintained and kept in good condition, repair and working order (ordinary wear and tear excepted) and supplied with all necessary equipment and shall cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Company may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, provided that nothing in this Section 4.14 shall prevent the Company or any Restricted Subsidiary from discontinuing the use, operation or maintenance of any of such property, properties or disposing of itany of them, if such discontinuance or disposal is, in the judgment of the Company, desirable in the conduct of its the business and not disadvantageous in any material respect to of the Holders. (b) Company or such Restricted Subsidiary. The Company shall provide or cause to be provided, for itself and each of its Restricted Subsidiaries, insurance (including appropriate self-insurance) against loss or damage of the kinds thatcustomarily insured against by corporations similarly situated and owning like properties, in the reasonableincluding, good faith opinion of the Companybut not limited to, are adequate products liability insurance and appropriate for the conduct of the business of the Company and such Subsidiaries in a prudent mannerpublic liability insurance, with reputable insurers or with the government of the United States of America, or an agency or instrumentality thereof, in such amounts, with such deductibles, deductibles and by such methods as shall be customary, in the reasonable, good faith opinion of the Company, customary for corporations similarly situated in the industryindustry in which the Company or any such Restricted Subsidiary, as the case may be, is then conducting business.

Appears in 1 contract

Samples: Indenture (Urs Corp /New/)

Maintenance of Properties and Insurance. (a) The Company shall will cause all properties used or held for use useful in the conduct of its business or the business of any Subsidiary of its Restricted Subsidiaries, to be maintained and kept in good condition, repair and working order (ordinary wear and tear excepted) and supplied with all necessary equipment and shall will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Company may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, provided that nothing in this Section 4.14 shall prevent the Company or any such Restricted Subsidiary from discontinuing the use, operation or maintenance of any of such property, properties or disposing of itany of them, if such discontinuance or disposal is, in the judgment of the Company, desirable in the conduct of its the business and not disadvantageous in any material respect to of the Holders. (b) Company or such Restricted Subsidiary. The Company shall will provide or cause to be provided, for itself and each of its Restricted Subsidiaries, insurance (including appropriate self-insurance) against loss or damage of the kinds thatcustomarily insured against by corporations similarly situated and owning like properties, in the reasonableincluding, good faith opinion of the Companybut not limited to, are adequate products liability insurance and appropriate for the conduct of the business of the Company and such Subsidiaries in a prudent mannerpublic liability insurance, with reputable insurers or with the government of the United States of America, or an agency or instrumentality thereof, in such amounts, with such deductibles, deductibles and by such methods as shall be customary, in the reasonable, good faith opinion of the Company, customary for corporations similarly situated in the industryindustry in which the Company or such Restricted Subsidiary, as the case may be, is then conducting business.

Appears in 1 contract

Samples: Indenture (Silgan Holdings Inc)

Maintenance of Properties and Insurance. (a) The Company shall cause all properties used or held for use in the conduct of its business or the business of any Subsidiary to be maintained and kept in good condition, repair and working order (ordinary wear and tear excepted) and supplied with all necessary equipment and shall cause to be made all necessary repairs, renewals, replacements, betterments betterments, and improvements thereof, all as in the judgment of the Company may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times, except where the failure to do so would not result in a Material Adverse Effect; provided, however, provided further that nothing in this Section SECTION 7.9 shall prevent the Company from discontinuing the operation or maintenance of any such property, or disposing of it, if such discontinuance or disposal is, in the judgment of the Company, desirable in the conduct of its business and not disadvantageous in any material respect to the Holdersbusiness. (b) The Company shall provide or cause to be provided, for itself and each of its Subsidiaries, insurance (including appropriate self-insurance) against loss or damage of the kinds that, in the reasonable, good faith opinion of the Company, Company are adequate and appropriate for the conduct of the business of the Company and such Subsidiaries in a prudent manner, with reputable insurers or with the government of the United States or an any agency or instrumentality thereof, thereof in such amounts, with such deductiblesdeductibles or retentions, and by such methods as shall be customary, in the reasonable, good faith opinion of the Company, for corporations similarly situated in the industry.

Appears in 1 contract

Samples: Unit Purchase and Agency Agreement (Ilinc Communications Inc)

Maintenance of Properties and Insurance. (a) The Company shall cause all material properties owned by or leased by it or any of its Subsidiaries used or held for use in useful to the conduct of its business or the business of any Subsidiary of its Subsidiaries to be maintained and kept in good normal condition, repair and working order (ordinary wear and tear excepted) and supplied with all necessary equipment and shall cause to be made all necessary repairs, renewals, replacements, betterments renewals and improvements replacements thereof, all as in the its judgment of the Company may be necessary reasonably necessary, so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that nothing in this Section 4.12 shall prevent the Company or any of its Subsidiaries from discontinuing the use, operation or maintenance of any of such propertyproperties, or disposing of itany of them, if such discontinuance or disposal isproperties are, in the reasonable and good faith judgment of the CompanyBoard of Directors of the Company or such Subsidiary, desirable as the case may be, no longer reasonably necessary in the conduct of its business and not disadvantageous in any material respect to the Holderstheir respective businesses. (b) The Company shall provide or cause to be provided, for itself and each of its Subsidiaries, insurance (including appropriate self-insurance) against loss or damage of the kinds that, in the reasonable, reasonable good faith opinion judgment of the Board of Directors of the Company, are adequate and appropriate for the conduct of the business of the Company and such Subsidiaries in a prudent manner, with reputable insurers or with the government of the United States of America or an agency or instrumentality thereof, in such amounts, with such deductibles, deductibles and by such methods as shall be customary, in the reasonable, good faith opinion judgment of the Board of Directors of the Company, for corporations companies similarly situated in the industry.

Appears in 1 contract

Samples: Purchase Agreement (TRC Companies Inc /De/)

Maintenance of Properties and Insurance. (a) The Company shall cause all material properties used or held for use in useful to the conduct of its business or and the business of any Subsidiary each of its Subsidiaries to be maintained and kept in good condition, repair and working order (ordinary reasonable wear and tear excepted) and supplied with all necessary equipment and shall cause to be made all necessary repairs, renewals, replacements, betterments renewals and improvements thereof, all as in replacements thereof except where the judgment failure to do so could not reasonably be expected to have a material adverse effect on the business of the Company may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all timesits Subsidiaries (taken as a whole); provided, however, that nothing in this Section 4.18(a) shall prevent the Company or its Subsidiaries from discontinuing the any operation or maintenance of any of such propertyproperties, or disposing of itany of them, if such discontinuance or disposal is, is (1)(i) in the judgment of the Company, desirable in the conduct of its the business of such entity and (ii) would not disadvantageous in any have a material respect adverse effect on the ability of the Company or the Guarantors to satisfy their obligations under the Notes, the Note Guarantees and this Indenture, and, to the Holdersextent applicable, or (2) otherwise permitted under Section 4.10 of this Indenture. (b) The Company shall provide provide, or cause to be provided, for itself and each of its Subsidiaries, insurance (including appropriate self-insurance) against loss or damage of the kinds that, in the reasonable, good faith opinion of the Company, are Company is adequate and appropriate for the conduct of the business of of, or otherwise customary for, the Company and such Subsidiaries in a prudent manner, with reputable insurers or with the government of the United States or an agency or instrumentality thereof, in such amounts, with such deductibles, and by such methods as shall be customary, in the reasonable, good faith opinion of the Company, for corporations similarly situated in the industrySubsidiaries.

Appears in 1 contract

Samples: Indenture (United States Steel Corp)

Maintenance of Properties and Insurance. (a) The Company shall, and shall cause all properties used or held for use in the conduct each of its business or the business of any Subsidiary to be maintained and kept Restricted Subsidiaries to, maintain its properties in good condition, repair and working order and in normal condition (subject to ordinary wear and tear exceptedtear) and supplied with all necessary equipment and shall make or cause to be made all necessary repairs, renewals, replacements, additions, betterments and improvements thereofthereto, all as in the judgment of the Company may be necessary so that the business carried and actively conduct and carry on in connection therewith may be properly and advantageously conducted at all timesits business; provided, however, that nothing in this Section 4.05 shall prevent the Company or any of its Restricted Subsidiaries from discontinuing the operation or and maintenance of any such property, or disposing of it, its properties if such discontinuance or disposal is, in the ordinary course of business or, in the judgment of an executive officer of the CompanyCompany or the Restricted Subsidiary concerned, as the case may be, desirable in the conduct of its business businesses and is not disadvantageous in any material respect to the Holders. (b) The Company shall provide or cause to be provided, for itself and each of its Restricted Subsidiaries, insurance (including appropriate self-insurance) against loss or damage of the kinds that, in the reasonable, good faith opinion judgment of an executive officer of the Company, are adequate and appropriate for the conduct of the business of the Company and such Restricted Subsidiaries in a prudent manner, with reputable insurers or with the government of the United States of America or any state thereof or an agency or instrumentality thereofof such governments, in such amounts, with such deductibles, and by such methods as shall be customary, in the reasonable, good faith opinion judgment of an executive officer of the Company, for corporations companies similarly situated in the industry.

Appears in 1 contract

Samples: Indenture (Railworks Corp)

Maintenance of Properties and Insurance. (a) The Company shall will cause all properties used or held for use useful in the conduct of its business or the business of any Subsidiary of its Restricted Subsidiaries, to be maintained and kept in good condition, repair and working order (ordinary wear and tear excepted) and supplied with all necessary equipment and shall will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Company may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, provided that nothing in this Section 4.16 shall prevent the Company or any such Subsidiary from discontinuing the use, operation or maintenance of any of such property, properties or disposing of itany of them, if such discontinuance or disposal is, in the judgment of the Company, desirable in the conduct of its the business and not disadvantageous in any material respect to of the Holders. (b) Company or such Subsidiary. The Company shall will provide or cause to be provided, for itself and each of its Restricted Subsidiaries, insurance (including appropriate self-insurance) against loss or damage of the kinds thatcustomarily insured against by corporations similarly situated and owning like properties, in the reasonableincluding, good faith opinion of the Companybut not limited to, are adequate products liability insurance and appropriate for the conduct of the business of the Company and such Subsidiaries in a prudent mannerpublic liability insurance, with reputable insurers or with the government of the United States of America, or an agency or instrumentality thereof, in such amounts, with such deductibles, deductibles and by such methods as shall be customary, in the reasonable, good faith opinion of the Company, customary for corporations similarly situated in the industryindustry in which the Company or such Restricted Subsidiary, as the case may be, is then conducting business.

Appears in 1 contract

Samples: Indenture (Agco Corp /De)

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