Common use of Maintenance of Properties and Insurance Clause in Contracts

Maintenance of Properties and Insurance. (a) The Company shall cause all properties used in, or useful to the conduct of, its business or the business of any of its Subsidiaries to be maintained and kept in good condition, repair and working order and supplied with all necessary equipment and shall cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in its judgment may be necessary, so that the business carried on in connection therewith may be properly and advantageously conducted at all times unless the failure to so maintain such properties (together with all other such failures) would not have a material adverse effect on the financial condition or results of operations of the Company and its Subsidiaries, taken as a whole; provided, however, that nothing in this Section 4.06 shall prevent the Company or any Subsidiary from discontinuing the operation or maintenance of any of such properties, or disposing of any of them, if such discontinuance or disposal is in the good faith judgment of the Board of Directors of the Company or the Subsidiary concerned, as the case may be, desirable in the conduct of the business of the Company or such Subsidiary, as the case may be, 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 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 good faith judgment of the Company, for corporations similarly situated in the industry, unless the 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 Company and its Subsidiaries, taken as a whole.

Maintenance of Properties and Insurance. (a) The Company Issuer shall, and shall cause each of the Restricted Subsidiaries to, maintain all properties used in, or useful to in the conduct of, of its business or the business of any of its Subsidiaries to be maintained and kept in good condition, repair and working order and supplied with all necessary equipment condition (subject to ordinary wear and shall cause to be made tear) and make all necessary repairs, renewals, replacements, additions, betterments and improvements thereof, all as in thereto and actively conduct and carry on its judgment may be necessary, so that the business carried on in connection therewith may be properly and advantageously conducted at all times unless the failure to so maintain such properties (together with all other such failures) would not have a material adverse effect on the financial condition or results of operations of the Company and its Subsidiaries, taken as a wholebusiness; provided, however, that nothing in this Section 4.06 4.5 shall prevent the Company Issuer or any Subsidiary of the Restricted Subsidiaries from discontinuing the operation or and maintenance of any of such its properties, or disposing of any of them, if such discontinuance is (i) in the ordinary course of business pursuant to customary business terms or disposal is (ii) in the good faith judgment of the Board respective Boards of Directors or other governing body of the Company Issuer or the Subsidiary concernedRestricted Subsidiary, as the case may be, desirable in the conduct of the business of the Company or such Subsidiary, as the case may be, their respective businesses and is not disadvantageous in any material respect to the Holders. (b) The Company Issuer 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 judgment of the Company Issuer, are adequate and appropriate for the conduct of the business of the Company Issuer and such its Restricted Subsidiaries in a prudent manner, with reputable insurers or with the government of the United States of America America, Canada or an agency or instrumentality thereof, in such amounts, with such deductibles, and by such methods as shall be customary, in the good faith judgment of the CompanyIssuer, for corporations companies similarly situated in the industry, unless the 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 Company and its Subsidiaries, taken as a whole.

Maintenance of Properties and Insurance. (a) The Company shall cause all material properties used in, or useful to the conduct of, of its business or and the business of any each of its Subsidiaries to be maintained and kept in good condition, repair and working order (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 its reasonable good faith judgment may be necessary, so that the business carried on in connection therewith may be properly and advantageously conducted at all times unless the failure to so maintain such properties (together with all other such failures) would not have a material adverse effect on the financial condition or results of operations of the Company and its Subsidiaries, taken as a wholetimes; provided, however, that nothing in this Section 4.06 4.5 shall prevent the Company or any Subsidiary from discontinuing the any operation or maintenance of any of such properties, or disposing of any of them, if such discontinuance or disposal is (a) in the good faith judgment of the Board of Directors of the Company or the Subsidiary concerned, as the case may beCompany, desirable in the conduct of the business of the Company or such Subsidiary, as the case may be, entity and is (b) not disadvantageous in any material respect to the Holders. (b) . The Company shall provide 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 Company are is adequate and appropriate for the conduct of the business of the Company and such Restricted 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 judgment 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 their industry, unless the 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 Company and its Subsidiaries, taken as a wholeor such Subsidiary.

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 in, or useful to the conduct of, of its business or the business of any of its Subsidiaries to be maintained and kept in good normal condition, repair and working order 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 its judgment may be reasonably necessary, so that the business carried on in connection therewith may be properly and advantageously conducted at all times unless the failure to so maintain such properties (together with all other such failures) would not have a material adverse effect on the financial condition or results of operations of the Company and its Subsidiaries, taken as a wholetimes; provided, however, that nothing in this Section 4.06 4.02 shall prevent the Company or any Subsidiary of its Subsidiaries from discontinuing the use, operation or maintenance of any of such properties, or disposing of any of them, if such discontinuance or disposal is properties are, in the reasonable and good faith judgment of the Board of Directors of the Company or the Subsidiary concerned, as the case may be, desirable in the conduct of the business of the Company or such Subsidiary, as the case may be, and no longer reasonably necessary in the conduct of their respective businesses or such disposition is not disadvantageous in any material respect to the Holdersotherwise permitted by this Securities Purchase Agreement. (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 Company 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, deductibles and by such methods as shall be customary, in the good faith judgment of the Board of Directors of the Company, for corporations companies similarly situated in the industry, unless the 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 Company and its Subsidiaries, taken as a whole.

Maintenance of Properties and Insurance. (a) The Except as otherwise provided in this Indenture, the Company shall, and shall cause each of its Subsidiaries to, cause all properties Collateral and other Properties owned by or leased to it and used in, or useful to in the conduct of, its business or of the business of the Company or any of its Subsidiaries such Subsidiary, as the case may be, to be maintained and kept in good repair, working order and condition, repair except for reasonable wear and working order use, and supplied with all necessary equipment and shall cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in its 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 unless times, except, in every case, as and to the failure extent that the Company or any such Subsidiary may be prevented by fire, strikes, lockouts, acts of God, inability to so maintain such properties (together with all other such failures) would not have a material adverse effect on obtain labor or materials, governmental restrictions, enemy action, civil commotion or unavoidable casualty or similar causes beyond the financial condition or results of operations control of the Company and its Subsidiaries, taken as a wholeor such Subsidiary; provided, however, that subject to all requirements of the Operative Documents, nothing in this Section 4.06 4.7 shall prevent the Company or any such Subsidiary from discontinuing the use, operation or maintenance of any of such propertiesProperties, or disposing of any of them, if such discontinuance or disposal is is, in the good faith judgment of an Officer of the Company (or other agent employed by the Company) having managerial responsibility for any such Property (or, in the case of any materially important item, with respect to operations or value, in the good faith judgment of the Company as expressed in a resolution of the Board of Directors of the Company or the Subsidiary concerned, as the case may beDirectors), desirable in the conduct of the Company's business or that of its Subsidiaries. For so long as any Collateral or Property is deemed to be useful to the conduct of the business of the Company or such Subsidiary, as the case may be, 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 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 good faith judgment of the Company, for corporations similarly situated in the industry, unless the 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 Company and its Subsidiaries, taken the Company shall, or shall cause such Subsidiaries to, maintain appropriate insurance, in accordance with industry practice, on such Collateral and Properties and as a wholerequired under the provisions of the applicable Operative Documents. Notwithstanding the provisions of this Section 4.7, to the extent there exists any inconsistency between the provisions hereof and the provisions of the Mortgage relating to Property which constitutes Collateral, the provisions of the Mortgage shall prevail as to all Collateral.

Maintenance of Properties and Insurance. (a) The Company shall cause all properties used in, or useful to the conduct of, its business or the business of any of its Subsidiaries to be maintained and kept in good condition, repair and working order and supplied with all necessary equipment and shall cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in its judgment may be necessary, so that the business carried on in connection therewith may be properly and advantageously conducted at all times unless the failure to so maintain such properties (together with all other such failures) would not have a material adverse effect on the financial condition or results of operations of the Company and its Subsidiaries, taken as a whole; provided, however, that nothing in this Section 4.06 shall prevent the Company or any Subsidiary from discontinuing the operation or maintenance of any of such properties, or disposing of any of them, if such discontinuance or disposal is in the good faith judgment of the Board of Directors of the Company or the Subsidiary concerned, as the case may be, desirable in the conduct of the business of the Company or such Subsidiary, as the case may be, 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 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 good faith judgment of the Company, for corporations similarly situated in the industry, unless the 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 Company and its Subsidiaries, taken as a whole.

Maintenance of Properties and Insurance. (a) The Company shall cause all properties used in, or useful to the conduct of, of its business or the business of any of its Subsidiaries to be maintained and kept in good condition, repair and working order and supplied with all necessary equipment and shall cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in its judgment may be necessary, so that the business carried on in connection therewith may be properly and advantageously conducted at all times unless the failure to so maintain such properties (together with all other such failures) would not have a material adverse effect on the financial condition or results of operations of the Company and its Subsidiaries, taken as a whole; provided, however, that nothing in this Section 4.06 shall prevent the Company or any Subsidiary from discontinuing the operation or maintenance of any of such properties, or disposing of any of them, if such discontinuance or disposal is in the good faith judgment of the Board of Directors of the Company or the Subsidiary concerned, as the case may be, desirable in the conduct of the business of the Company or such Subsidiary, as the case may be, 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 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 good faith judgment of the Company, for corporations similarly situated in the industry, unless the 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 Company and its Subsidiaries, taken as a whole.

Maintenance of Properties and Insurance. (a) The Company shall cause all properties Properties used in, or useful to the conduct of, of its business or the business of any of its Subsidiaries to be maintained and kept in good condition, repair and working order and supplied with all necessary equipment and shall cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereofthereto, all as in its their judgment may be necessary, so that the business carried on in connection therewith may be properly and advantageously conducted at all times unless the failure to so maintain such properties Properties (together with all other such failures) would not have a material adverse effect on the financial condition or results of operations of the Company and its Subsidiaries, Subsidiaries taken as a whole; provided, however, that nothing in this Section 4.06 4.07 shall prevent the Company or any Subsidiary of its Subsidiaries from discontinuing the operation or maintenance of any of such propertiesProperties, or disposing of any of them, if such discontinuance or disposal is in the good faith judgment of the Board of Directors of the Company or the Subsidiary concerned, as the case may be, desirable in the conduct of the business of the Company or such Subsidiary, as the case may be, and is would not be disadvantageous in any material respect to the HoldersCompany and is either (i) in the ordinary course of business, or (ii) otherwise permitted by this Indenture. (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 its Subsidiaries in a prudent manner, with reputable insurers or with the government of the United States of America or an agency or instrumentality thereofinsurers, in such amounts, with such deductibles, and by such methods as shall be either (i) consistent with past practices of the Company or the applicable Subsidiary or (ii) customary, in the reasonable, good faith judgment opinion of the Company, for corporations similarly situated in the industry, unless the 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 Company and its Subsidiaries, taken as a whole.

Maintenance of Properties and Insurance. (a) The Company shall cause all material properties used in, or useful to the conduct of, of its business or and the business of any each of its Restricted Subsidiaries to be maintained and kept in good condition, repair and working order (reasonable wear and supplied with all necessary equipment tear excepted) and shall cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in its reasonable judgment may be necessary, so that the business carried on in connection therewith may be properly and advantageously conducted at all times unless the failure to so maintain such properties (together with all other such failures) would not have a material adverse effect on the financial condition or results of operations of the Company and its Subsidiaries, taken as a wholetimes; provided, however, that nothing in this Section 4.06 4.07 shall prevent the Company or any Subsidiary from discontinuing the any operation or maintenance of any of such properties, or disposing of any of them, if such discontinuance or disposal is (a), in the good faith judgment of the Board of Directors of the Company or the Subsidiary concerned, as the case may beCompany, desirable in the conduct of the business of the Company or such Subsidiary, as the case may be, entity and is (b) not disadvantageous in any material respect to the Holders. (b) . The Company shall provide 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 is adequate and appropriate for the conduct of the business of the Company and such Restricted 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 judgment opinion of the Company, Company and adequate and appropriate for corporations the conduct of the business of the Company and such Restricted Subsidiaries in a prudent manner for entities similarly situated in the industry, unless the 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 Company and its Subsidiaries, taken as a wholeor such Restricted Subsidiary.

Maintenance of Properties and Insurance. (a) The Company shall cause all properties Properties used in, or useful to in the conduct of, of its business or the business of any of its Subsidiaries to be maintained and kept in good satisfactory condition, repair and working order and supplied with all necessary equipment and shall cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in its judgment may be necessary, so that the business carried on in connection therewith may be properly and advantageously conducted at all times unless the failure to so maintain such properties (together with all other such failures) would not have a material adverse effect on the financial condition or results of operations of the Company and its Subsidiaries, taken as a whole; provided, however, that nothing in this Section 4.06 3.05 shall prevent the Company -------- ------- or any Subsidiary of its Subsidiaries from discontinuing the operation or maintenance of any of such properties, properties or disposing of any of them, them if such discontinuance or disposal is (i) in the ordinary course of business, (ii) in the good faith judgment of the Board of Directors of the Company or the Subsidiary concerned, or of the senior officers of the Company or such Subsidiary, as the case may be, desirable in the conduct of the business of the Company or such Subsidiary, as the case may be, and is not disadvantageous in any material respect to the Holdersor (iii) otherwise permitted by this Indenture. (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 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 judgment opinion of the Company, for corporations companies similarly situated in the industry, unless the 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 Company and its Subsidiaries, taken as a whole. (c) The Company shall and shall cause each of its Subsidiaries to keep proper books of record and account, in which full and correct entries shall be made of all financial transactions and the assets and business of the Company and each Subsidiary in accordance with GAAP consistently applied to the Company and its Subsidiaries, taken as a whole.

Maintenance of Properties and Insurance. (a) The Company shall cause all properties material Property used in, or useful to in the conduct of, of its business or the business of any of its Subsidiaries 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 its the judgment of the Company may be necessary, necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times unless the failure to so maintain such properties (together with all other such failures) would not have a material adverse effect on the financial condition or results of operations of the Company and its Subsidiaries, taken as a wholetimes; provided, however, that nothing in this Section 4.06 shall prevent the Company or any Subsidiary from discontinuing the operation or maintenance of any of such propertiesProperty, or disposing of any of themit, if such discontinuance or disposal is is, in the good faith judgment of the Board of Directors of the Company or the Subsidiary concerned, as the case may be, desirable in the conduct of the business of the Company or such Subsidiary, as desirable in the case may be, conduct of its business and is not disadvantageous in any material respect adverse to the Holderspayment and performance of the obligations under the Securities and otherwise under this Indenture. (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 of America or an agency or instrumentality thereof, in such amounts, with such deductibles, and by such methods as shall be either (i) consistent with past practices of the Company or the applicable Subsidiary or (ii) customary, in the reasonable, good faith judgment opinion of the Company, for corporations similarly situated in the industry, unless the 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 Company and its Subsidiaries, taken as a whole.

Maintenance of Properties and Insurance. (a) The Company shall cause all material properties used in, or useful to the conduct of, of its business or and the business of any each of its Subsidiaries to be maintained and kept in good condition, repair and working order (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 its reasonable good faith judgment may be necessary, so that the business carried on in connection therewith may be properly and advantageously conducted at all times unless the failure to so maintain such properties (together with all other such failures) would not have a material adverse effect on the financial condition or results of operations of the Company and its Subsidiaries, taken as a wholetimes; provided, however, that nothing in this Section 4.06 4.5 shall prevent the Company or any Subsidiary from discontinuing the any operation or maintenance of any of such properties, or disposing of any of them, if such discontinuance or disposal is (a), in the good faith judgment of the Board of Directors of the Company or the Subsidiary concerned, as the case may beCompany, desirable in the conduct of the business of the Company or such Subsidiary, as the case may be, entity and is (b) not disadvantageous in any material respect to the Holders. (b) . The Company shall provide 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 Company are is adequate and appropriate for the conduct of the business of the Company and such Restricted 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 judgment 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 the 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 Company and its Subsidiaries, taken as a wholeor such Subsidiary.

Maintenance of Properties and Insurance. (a) The Company and each of its Subsidiaries shall cause all material properties owned by or leased to it and used in, or useful to in the conduct of, of its business or the business of any of its Subsidiaries to be maintained and kept in good normal condition, repair and working order and supplied with all necessary equipment and shall cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in its the judgment of the Company or such Subsidiary may be necessary, necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times unless the failure to so maintain such properties (together with all other such failures) would not have a material adverse effect on the financial condition or results of operations of the Company and its Subsidiariestimes; PROVIDED, taken as a whole; provided, howeverHOWEVER, that nothing in this Section 4.06 shall prevent the Company or any Subsidiary of its Subsidiaries from discontinuing the use, operation or maintenance of any of such properties, or disposing of any of them, if such discontinuance or disposal is is, in the good faith judgment of the Board of Directors of the Company or of the Board of Directors of the Subsidiary concerned, as or of an officer (or other agent employed by the case may beCompany or any of its Subsidiaries) of the Company or such Subsidiary having managerial responsibility for any such property, desirable in the conduct of the business of the Company or such Subsidiary, as the case may be, and is not disadvantageous in any material respect to the Holdersof its Subsidiaries. (b) The Company and the Subsidiaries shall provide or cause to be provided, for itself and each of its Restricted Subsidiaries, provided insurance (including appropriate self-insurance) against loss or damage of the kinds that, in the reasonable, good faith opinion judgment of the respective Boards of Directors or other governing body or officer or other agent of the Company or such Subsidiaries, as the case may be, are adequate and appropriate for the conduct of the business of the Company and or such Restricted Subsidiaries in a prudent mannerSubsidiaries, as the case may be, 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 good faith judgment of the Companyrespective Boards of Directors or other governing body or officer or other agent of the Company or such Subsidiary, as the case may be, for corporations companies similarly situated in the industry, unless the 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 Company and its Subsidiaries, taken as a whole.

Maintenance of Properties and Insurance. (a) The Company and the Guarantors shall cause all material properties used in, or useful to in the conduct of, its of their business or and the business of any each of its their Subsidiaries to be maintained and kept in good condition, repair and working order (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 its their reasonable judgment may be necessary, so that the business carried on in connection therewith may be properly and advantageously conducted at all times unless the failure to so maintain such properties (together with all other such failures) would not have a material adverse effect on the financial condition or results of operations of the Company and its Subsidiaries, taken as a wholetimes; provided, however, that nothing in this Section 4.06 4.6 shall prevent the Company or any Subsidiary Guarantor from discontinuing the any operation or maintenance of any of such properties, or disposing of any of them, if such discontinuance or disposal is (a)(i) in the good faith judgment of the Board of Directors of the Company or the Subsidiary concerned, as the case may beCompany, desirable in the conduct of the business of the Company or such Subsidiary, as the case may be, and is (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 Restricted 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 Restricted 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 judgment 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, unless the 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 Company and its Subsidiaries, taken as a whole.

Maintenance of Properties and Insurance. (aA) The Company shall, and shall cause all properties used in, or useful to the conduct of, its business or the business of any each of its Restricted Subsidiaries to be maintained and kept to, maintain its properties in good condition, repair and working order and supplied with condition in all necessary equipment material respects (subject to ordinary wear and shall cause to be made tear) and make all necessary repairs, renewals, replacements, additions, betterments and improvements thereto and actively conduct and carry on its business; provided, however, that nothing in this Section 4.09 shall prevent the Company or any of its Restricted Subsidiaries from discontinuing the operation and maintenance of any of its properties if such discontinuance is, in the good faith judgment of the Company, desirable in the conduct of the business of Company and its Subsidiaries, taken as a whole. (B) The Company shall maintain insurance (including, without limitation, appropriate self-insurance) against loss or damage of the kinds that, in the good faith judgment of the Company, are adequate and appropriate for the conduct of the business of the Company and its Restricted Subsidiaries in a prudent manner, with reputable insurers or with the government of the United States or an agency or instrumentality thereof, all in such amounts, with such deductibles, and by such methods, as shall be prudent, in its the good faith judgment may be necessaryof the Company, so that the business carried on in connection therewith may be properly and advantageously conducted at all times each case unless the failure to so maintain such properties (together with all other such failures) insurance would not not, in the good faith judgment of the Company, have a material adverse effect on the financial condition or results of operations of the Company and its Subsidiaries, taken as a whole; provided. Each such policy of insurance shall (i) name Collateral Agent, howeveron behalf of the Secured Parties, as an additional insured thereunder as its interests may appear, (ii) in the case of each casualty insurance policy, contain a loss payable clause or endorsement, satisfactory in form to the Collateral Agent, that nothing in this Section 4.06 shall prevent the Company or any Subsidiary from discontinuing the operation or maintenance of any of such propertiesnames Collateral Agent, or disposing of any of them, if such discontinuance or disposal is in the good faith judgment on behalf of the Board of Directors of the Company or the Subsidiary concernedSecured Parties, as the case may be, desirable in the conduct loss payee thereunder and provide for at least thirty days’ prior written notice to Collateral Agent of the business any modification or cancellation of the Company or such Subsidiary, as the case may be, and is not disadvantageous in any material respect to the Holderspolicy. (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 of America or an agency or instrumentality thereof, in such amounts, with such deductibles, and by such methods as shall be customary, in the good faith judgment of the Company, for corporations similarly situated in the industry, unless the 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 Company and its Subsidiaries, taken as a whole.

Maintenance of Properties and Insurance. (a) The Company shall cause all properties Properties used in, or useful to in the conduct of, of its business or the business of any of its Subsidiaries to be maintained and kept in good satisfactory condition, repair and working order and supplied with all necessary equipment and shall cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in its judgment may be necessary, so that the business carried on in connection therewith may be properly and advantageously conducted at all times unless the failure to so maintain such properties (together with all other such failures) would not have a material adverse effect on the financial condition or results of operations of the Company and its Subsidiaries, Subsidiaries taken as a whole; provided, however, that nothing in this Section 4.06 4.05 shall prevent the Company or any Subsidiary of its Subsidiaries from discontinuing the operation or maintenance of any of such properties, properties or disposing of any of them, them if such discontinuance or disposal is either (i) in the ordinary course of business, (ii) in the good faith judgment of the Board of Directors of the Company or the Subsidiary concerned, or of the senior officers of the Company or such Subsidiary, as the case may be, desirable in the conduct of the business of the Company or such Subsidiary, as the case may be, and or (iii) is not disadvantageous in any material respect to the Holdersotherwise permitted by this Indenture. (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 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 judgment opinion of the Company, for corporations companies similarly situated in the industry, unless the 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 Company and its Subsidiaries, taken as a whole. (c) The Company shall and shall cause each of its Subsidiaries to keep proper books of record and account, in which full and correct entries shall be made of all financial transactions and the assets and business of the Company and each Subsidiary in accordance with GAAP consistently applied to the Company and its Subsidiaries taken as a whole.

Maintenance of Properties and Insurance. (a) The Company shall cause all properties Properties used in, or useful to in the conduct of, of its business or the business of any of its Subsidiaries to be maintained and kept in good satisfactory condition, repair and working order and supplied with all necessary equipment and shall cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in its judgment may be necessary, so that the business carried on in connection therewith may be properly and advantageously conducted at all times unless the failure to so maintain such properties (together with all other such failures) would not have a material adverse effect on the financial condition or results of operations of the Company and its Subsidiaries, Subsidiaries taken as a whole; provided, -------- however, that nothing in this Section 4.06 4.05 shall prevent the Company or any Subsidiary of ------- its Subsidiaries from discontinuing the operation or maintenance of any of such properties, properties or disposing of any of them, them if such discontinuance or disposal is (i) in the ordinary course of business, (ii) in the good faith judgment of the Board of Directors of the Company or the Subsidiary concerned, or of the senior officers of the Company or such Subsidiary, as the case may be, desirable in the conduct of the business of the Company or such Subsidiary, as the case may be, and is not disadvantageous in any material respect to the Holdersor (iii) otherwise permitted by this Indenture. (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 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 judgment opinion of the Company, for corporations companies similarly situated in the industry, unless the 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 Company and its Subsidiaries, taken as a whole. (c) The Company shall and shall cause each of its Subsidiaries to keep proper books of record and account, in which full and correct entries shall be made of all financial transactions and the assets and business of the Company and each Subsidiary in accordance with GAAP consistently applied to the Company and its Subsidiaries, taken as a whole.

Maintenance of Properties and Insurance. (a) The Company Garden State shall, and shall cause all properties used in, or useful to the conduct of, its business or the business of any each of its Subsidiaries to be maintained and kept to, maintain its properties in good condition, repair and working order and supplied with all necessary equipment condition (subject to ordinary wear and shall cause to be made tear) and make all necessary repairs, renewals, replacements, additions, betterments and improvements thereofthereto and actively conduct and carry on its business; PROVIDED, all as in its judgment may be necessary, so that the business carried on in connection therewith may be properly and advantageously conducted at all times unless the failure to so maintain such properties (together with all other such failures) would not have a material adverse effect on the financial condition or results of operations of the Company and its Subsidiaries, taken as a whole; provided, howeverHOWEVER, that nothing in this Section 4.06 shall prevent the Company Garden State or any Subsidiary of its Subsidiaries from discontinuing the operation or and maintenance of any of such its properties, or disposing of any of them, if such discontinuance or disposal is is, in the good faith judgment of the Board of Directors of the Company Garden State or the Subsidiary concernedSubsidiary, as the case may be, desirable in the conduct of the business of the Company or such Subsidiary, as the case may be, their respective businesses and is not disadvantageous in any material respect to the Holders. (b) The Company Garden State 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 Garden State 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 judgment opinion of the Company, for corporations companies similarly situated in the industry, unless the 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 Company Garden State and its Subsidiaries, taken as a whole.

Maintenance of Properties and Insurance. (a) The Company and the Guarantors shall cause all material properties used in, or useful to in the conduct of, its of their business or and the business of any each of its their Subsidiaries to be maintained and kept in good condition, repair and working order (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 its their reasonable judgment may be necessary, so that the business carried on in connection therewith may be properly and advantageously conducted at all times unless the failure to so maintain such properties (together with all other such failures) would not have a material adverse effect on the financial condition or results of operations of the Company and its Subsidiaries, taken as a wholetimes; provided, however, that nothing in this Section 4.06 4.6 shall prevent the Company or any Subsidiary Guarantor from discontinuing the any operation or maintenance of any of such properties, or disposing of any of them, if such discontinuance or disposal is (a)(i) in the good faith judgment of the Board of Directors of the Company or the Subsidiary concerned, as the case may beCompany, desirable in the conduct of the business of the Company or such Subsidiary, as the case may be, and is (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 Restricted 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 Restricted 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 judgment 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, unless the 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 Company and its Subsidiaries, taken as a whole.

Maintenance of Properties and Insurance. (a) The Company shall cause all properties used in, or useful to the conduct of, of its business or the business of any of its the Restricted Subsidiaries to be maintained and kept in good condition, repair and working order and supplied with all necessary equipment and shall cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in its judgment may be necessary, so that the business carried on in connection therewith may be properly and advantageously conducted at all times unless the failure to so maintain such properties (together with all other such failures) would not have a material adverse effect on the financial condition or results of operations of the Company and its Subsidiaries, the Restricted Subsidiaries taken as a whole; provided, however, that nothing in this Section 4.06 5.6 shall prevent the Company or any Restricted Subsidiary from discontinuing the operation or maintenance of any of such properties, or disposing of any of them, if such discontinuance or disposal is either (i) in the ordinary course of business, (ii) in the good faith judgment of the Board of Directors of the Company or the Restricted Subsidiary concerned, or of the senior officers of the Company or such Restricted Subsidiary, as the case may be, desirable in the conduct of the business of the Company or such Restricted Subsidiary, as the case may be, and or (iii) is not disadvantageous in any material respect to the Holdersotherwise permitted by this Indenture. (b) The Company 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 and appropriate for the conduct of the business of the Company and such the 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 either (i) consistent with past practices of the Company or the applicable Restricted Subsidiary or (ii) customary, in the reasonable, good faith judgment opinion of the Company, for corporations similarly situated in the industry, unless the 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 Company and its the Restricted Subsidiaries, taken as a whole.

Maintenance of Properties and Insurance. (a) The Company and the Guarantors shall cause all material properties used in, or useful to the conduct of, its of their business or and the business of any each of its their Subsidiaries to be maintained and kept in good condition, repair and working order (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 its their reasonable judgment may be necessary, so that the business carried on in connection therewith may be properly and advantageously conducted at all times unless the failure to so maintain such properties (together with all other such failures) would not have a material adverse effect on the financial condition or results of operations of the Company and its Subsidiariestimes; PROVIDED, taken as a whole; provided, howeverHOWEVER, that nothing in this Section 4.06 4.6 shall prevent the Company or any Subsidiary Guarantor from discontinuing the any operation or maintenance of any of such properties, or disposing of any of them, if such discontinuance or disposal is (a)(i) in the good faith judgment of the Board of Directors of the Company or the Subsidiary concerned, as the case may beCompany, desirable in the conduct of the business of the Company or such Subsidiary, as the case may be, and is (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 Restricted their Subsidiaries, insurance (including appropriate self-insurance) against loss or damage of the kinds that, in the reasonable, good faith opinion of the Board of Directors of the Company are is adequate and appropriate for the conduct of the business of the Company Company, the Guarantors and such Restricted 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 judgment 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, unless the 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 Company and its Subsidiaries, taken as a whole.

Maintenance of Properties and Insurance. (a) The Subject to the applicable provisions of the Collateral Documents, the Company shall cause all properties used in, or useful to in the conduct of, of its business or the business of any of its Subsidiaries to be maintained and kept in good condition, repair and working order and supplied with all necessary equipment and shall cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in its judgment may be necessary, so that the business carried on in connection therewith may be properly and advantageously conducted at all times unless the failure to so maintain such properties (together with all other such failures) would not have a material adverse effect on the financial condition or results of operations of the Company and its Subsidiaries, Subsidiaries taken as a whole; provided, however, that nothing in this Section 4.06 shall prevent the Company or any Subsidiary of the Company from discontinuing the operation or maintenance of any of such propertiesproperties (other than properties constituting items of Collateral except to the extent permitted by Section 10.04), or disposing of any of themthem (other than properties constituting items of Collateral except to the extent permitted by Section 10.04), if such discontinuance or disposal is either (i) in the ordinary course of business, (ii) in the good faith judgment of the Board of Directors of the Company or the Subsidiary concerned, or of the senior officers of the Company or such Subsidiary, as the case may be, desirable in the conduct of the business of the Company or such Subsidiary, as the case may be, and or (iii) is not disadvantageous in any material respect to the Holdersotherwise permitted by this Indenture. (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 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 judgment opinion of the Company, for corporations companies similarly situated in the industry, unless the 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 Company and its Subsidiaries, taken as a whole.

Maintenance of Properties and Insurance. (a) The Company shall cause all properties owned by or leased to it and used in, or useful to in the conduct of, of its business or the business of any Restricted Subsidiary of the Company and material to the Company and its Restricted Subsidiaries taken as a whole to be maintained and kept in good normal condition, repair and working order and supplied with all necessary equipment and shall cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in its the judgment of the Company may be necessary, necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times unless the failure to so maintain such properties (together with all other such failures) would not have a material adverse effect on the financial condition or results of operations of the Company and its Subsidiaries, taken as a wholetimes; provided, however, that nothing in this Section 4.06 shall prevent the Company or any such Restricted Subsidiary from discontinuing the use, operation or maintenance of any of such properties, or disposing of any of them, if such discontinuance or disposal is is, in the good faith judgment of the Board of Directors of the Company or of the Board of Directors of such Restricted Subsidiary concerned, as or of an officer (or other agent employed by the case may beCompany or any of its Restricted Subsidiaries) of the Company or such Restricted Subsidiary having managerial responsibility for any such property, desirable in the conduct of the business of the Company or such Subsidiary, as the case may be, and is not disadvantageous in any material respect to the Holdersof its Restricted Subsidiaries. (b) The Company shall provide or cause to be provided, for itself and each of its Restricted Subsidiaries, provided insurance (including appropriate self-insurance) against loss or damage of the kinds that, in the reasonable, good faith opinion judgment of the Company Board of Directors or an officer of the Company, are adequate and appropriate for the conduct of the business of the Company and such its 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 good faith judgment of the Board of Directors or an officer of the Company, for corporations companies similarly situated in the industry, unless the 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 Company and its Subsidiaries, taken as a whole.

Maintenance of Properties and Insurance. (a) The Company shall cause all material properties owned by or leased to it and its Restricted Subsidiaries and used in, or useful to in the conduct of, its of their business or the business of any of its Subsidiaries to be maintained and kept in good normal condition, repair and working order and supplied with all necessary equipment and shall cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in its the judgment of the Company or such Restricted Subsidiary may be necessary, necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times unless the failure to so maintain such properties (together with all other such failures) would not have a material adverse effect on the financial condition or results of operations of the Company and its Subsidiaries, taken as a wholetimes; provided, however, that nothing in this Section 4.06 shall prevent the Company or any Subsidiary of its Restricted Subsidiaries from discontinuing the use, operation or maintenance of any of such properties, or disposing of any of them, if such discontinuance or disposal is is, in the good faith judgment of the Board of Directors of the Company or of the Board of Directors of the Restricted Subsidiary concerned, as or of an officer (or other agent employed by the case may beCompany or any of its Restricted Subsidiaries) of the Company or such Restricted Subsidiary having managerial responsibility for any such property, desirable in the conduct of the business of the Company or such Subsidiary, as the case may be, and is not disadvantageous in any material respect to the Holdersof its Restricted Subsidiaries. (b) The Company shall provide or cause to be provided, for itself and each of its Restricted Subsidiaries, provided 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 or other governing body or officer of the Company or its Restricted Subsidiaries, as the case may be, are adequate and appropriate for the conduct of the business of the Company and or such Restricted Subsidiaries in a prudent mannerSubsidiaries, as the case may be, 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 good faith judgment of the CompanyBoard of Directors or other governing body or officer of the Company or such Restricted Subsidiary, as the case may be, for corporations companies similarly situated in the industry, unless the 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 Company and its Subsidiaries, taken as a whole.

Maintenance of Properties and Insurance. (a) The Company shall cause all properties used in, or useful to the conduct of, its business or the business of any of its Subsidiaries to be maintained and kept in good condition, repair and working order and supplied with all necessary equipment and shall cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in its judgment may be necessary, so that the business carried on in connection therewith may be properly and advantageously conducted at all times unless the failure to so maintain such properties (together with all other such failures) would not have a material adverse effect on the financial condition or results of operations of the Company and its Subsidiaries, taken as a whole; provided, however, that nothing in this Section 4.06 shall prevent the Company or any Subsidiary from discontinuing the operation or maintenance of any of such properties, or disposing of any of them, if such discontinuance or disposal is in the good faith judgment of the Board of Directors of the Company or the Subsidiary concerned, as the case may be, desirable in the conduct of the business of the Company or such Subsidiary, as the case may be, 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 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 good faith judgment of the Company, for corporations similarly situated in the industry, unless the 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 Company and its Subsidiaries, taken as a whole.a

Maintenance of Properties and Insurance. (a) The Company shall cause all properties used in, or useful to in the conduct of, of its business or the business of any of its Subsidiaries to be maintained and kept in good condition, repair and working order and supplied with all necessary equipment and shall cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in its judgment may be necessary, so that the business carried on in connection therewith may be properly and advantageously conducted at all times unless the failure to so maintain such properties (together with all other such failures) would not have a material adverse effect on the financial condition or results of operations of the Company and its Subsidiaries, Subsidiaries taken as a whole; provided, however, that nothing in this Section 4.06 shall prevent the Company or any Subsidiary of the Company from discontinuing the operation or maintenance of any of such properties, or disposing of any of them, if such discontinuance or disposal is either (i) in the ordinary course of business, (ii) in the good faith judgment of the Board of Directors or other equivalent governing body of the Company or the Subsidiary concerned, or of the senior officers of the Company or such Subsidiary, as the case may be, desirable in the conduct of the business of the Company or such Subsidiary, as the case may be, and or (iii) is not disadvantageous in any material respect to the Holdersotherwise permitted by this Indenture. (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 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 judgment opinion of the Company, for corporations companies similarly situated in the industry, unless the 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 Company and its Subsidiaries, taken as a whole.

Maintenance of Properties and Insurance. (a) The Company shall cause all material properties used in, or useful to the conduct of, of its business or and the business of any each of its Subsidiaries to be maintained and kept in good condition, repair and working order (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 its reasonable good faith judgment may be necessary, so that the business carried on in connection therewith may be properly and advantageously conducted at all times unless the failure to so maintain such properties (together with all other such failures) would not have a material adverse effect on the financial condition or results of operations of the Company and its Subsidiaries, taken as a wholetimes; provided, however, that nothing in this Section 4.06 4.5 shall prevent the Company or any Subsidiary from discontinuing the any operation or maintenance of any of such properties, or disposing of any of them, if such discontinuance or disposal is (a), in the good faith judgment of the Board of Directors of the Company or the Subsidiary concerned, as the case may beCompany, desirable in the conduct of the business of the Company or such Subsidiary, as the case may be, entity and is (b) not disadvantageous in any material respect to the Holders. (b) . The Company shall provide 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 Company are is adequate and appropriate for the conduct of the business of the Company and such Restricted 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 judgment 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 the 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 Company and its Subsidiaries, taken as a wholeor such Subsidiary.

Maintenance of Properties and Insurance. (a) The Company shall, and shall cause all properties used in, or useful to the conduct of, its business or the business of any each of its Restricted Subsidiaries to be maintained and kept to, maintain its Properties in good condition, repair and working order and supplied with all necessary equipment condition (subject to ordinary wear and shall cause to be made tear) and make all necessary repairs, renewals, replacements, additions, betterments and improvements thereofthereto and actively conduct and carry on its business, all as in its judgment may be necessary, so that the business carried on in connection therewith may be properly and advantageously conducted at all times unless the failure to so maintain such properties (together with all other such failures) do so, in each case, would not be, in the aggregate, reasonably likely to have a material adverse effect on the business and financial condition or results of operations of the Company and its Restricted Subsidiaries, taken as a whole; providedPROVIDED, howeverHOWEVER, that nothing in this Section 4.06 4.05 shall prevent the Company or any Subsidiary of its Restricted Subsidiaries from discontinuing the operation or and maintenance of any of such properties, or disposing of any of them, its Properties if such discontinuance or disposal is is, in the good faith judgment of the Board of Directors or other governing body of the Company or the Restricted Subsidiary concerned, as the case may be, desirable in the conduct of the business of the Company or such Subsidiary, as the case may be, its 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, maintain insurance (including appropriate self-insurance) against loss or damage of the kinds that, in the reasonable, good faith opinion judgment of the Company Company, are adequate and appropriate for the conduct of the business of the Company and such its 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 good faith judgment of the Company, for corporations companies similarly situated in the industry, unless the failure to provide such insurance (together with all other such failures) except for any omissions thereof which would not be, in the aggregate, reasonably likely to have a material adverse effect on the business and financial condition or results of operations of the Company and its Restricted Subsidiaries, taken as a whole.

Maintenance of Properties and Insurance. (a) The Company shall cause all material properties used in, or useful to the conduct of, of its business or the business of any of its Subsidiaries to be maintained and kept in good condition, repair and working order (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 its judgment may be necessary, so that the business carried on in connection therewith may be properly and advantageously conducted at all times unless the failure to so maintain such properties (together with all other such failures) would not have a material adverse effect on the financial condition or results of operations of the Company and its Subsidiaries, taken as a whole; provided, however, that nothing in this Section 4.06 4.21 shall prevent the Company -------- ------- or any Subsidiary from discontinuing the operation or maintenance of any of such properties, or disposing of any of them, if such discontinuance or disposal is in the good faith judgment of the Board of Directors of the Company or the Subsidiary concerned, as the case may be, desirable in the conduct of the business of the Company or such 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 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 good faith judgment of the Company, for corporations similarly situated in the industry, unless the 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 Company and its Subsidiaries, taken as a whole.

Maintenance of Properties and Insurance. (a) The Company shall cause all material properties used in, or useful to the conduct of, of its business or the business of any of its Subsidiaries to be maintained and kept in good condition, repair and working order (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 its judgment may be necessary, so that the business carried on in connection therewith may be properly and advantageously conducted at all times unless the failure to so maintain such properties (together with all other such failures) would not have a material adverse effect on the financial condition or results of operations of the Company and its Subsidiaries, taken as a whole; provided, however, that nothing in this Section 4.06 4.21 shall prevent the Company -------- ------- or any Subsidiary from discontinuing the operation or maintenance of any of such properties, or disposing of any of them, if such discontinuance or disposal is in the good faith judgment of the Board of Directors of the Company or the Subsidiary concerned, as the case may be, desirable in the conduct of the business of the Company or such 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 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 good faith judgment of the Company, for corporations similarly situated in the industry, unless the 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 Company and its Subsidiaries, taken as a 62 whole.

Maintenance of Properties and Insurance. (a) The Company shall cause all properties used in, or useful to the conduct of, of its business or and the business of any each of its Subsidiaries and material to the Company and its Subsidiaries, as the case may be, to be maintained and kept in good condition, repair and working order (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 its reasonable good faith judgment may be necessary, so that the business carried on in connection therewith may be properly and advantageously conducted at all times unless the failure to so maintain such properties (together with all other such failures) would not have a material adverse effect on the financial condition or results of operations of the Company and its Subsidiaries, taken as a wholetimes; provided, however, that nothing in this Section 4.06 4.5 shall prevent the Company or any Subsidiary from discontinuing the any operation or maintenance of any of such properties, or disposing of any of them, if such discontinuance or disposal is is, in the good faith judgment of the Board of Directors of the Company or the Subsidiary concerned, as the case may beCompany, desirable in the conduct of the business of the Company or such Subsidiary, as the case may be, and is not disadvantageous in any material respect to the Holders. (b) entity. The Company shall provide provide, or cause to be provided, for itself and each of its Restricted Significant Subsidiaries, insurance (including appropriate self-insurance) against loss or damage of the kinds that, in the reasonable, good faith opinion judgment of the Company are is adequate and appropriate for the conduct of the business of the Company and such Restricted 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 judgment 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 the 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 Company and its Subsidiaries, such Subsidiaries taken as a whole.

Maintenance of Properties and Insurance. (a) The Company shall cause all material properties owned by or leased to it and its Restricted Subsidiaries and used in, or useful to in the conduct of, its of their business or the business of any of its Subsidiaries to be maintained and kept in good normal condition, repair and working order and supplied with all necessary equipment and shall cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in its the judgment of the Company or such Restricted Subsidiary may be necessary, necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times unless the failure to so maintain such properties (together with all other such failures) would not have a material adverse effect on the financial condition or results of operations of the Company and its Subsidiaries, taken as a wholetimes; provided, however, that nothing in this Section 4.06 shall prevent the Company or any Subsidiary of its Restricted Subsidiaries from discontinuing the use, operation or maintenance of any of such properties, or disposing of any of them, if such discontinuance or disposal is is, in the good faith judgment of the Board of Directors of the Company or of the Board of Directors of the Restricted Subsidiary concerned, as or of an officer (or other agent employed by the case may beCompany or any of its Restricted Subsidiaries) of the Company or such Restricted Subsidiary having managerial responsibility for any such property, desirable in the conduct of the business of the Company or such Subsidiary, as the case may be, and is not disadvantageous in any material respect to the Holdersof its Restricted Subsidiaries. (b) The Company shall provide or cause to be provided, for itself and each of its Restricted Subsidiaries, provided 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 or other governing body or officer of the Company or its Restricted Subsidiaries, as the case may be, are adequate and appropriate for the conduct of the business of the Company and or such Restricted Subsidiaries in a prudent mannerSubsidiaries, as the case may be, 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 customaryappropriate, in the good faith judgment of the Company, for corporations similarly situated in the industry, unless the failure to provide such insurance (together with all Board of Directors or other such failures) would not have a material adverse effect on the financial condition governing body or results of operations officer of the Company or such Restricted Subsidiary, as the case may be, in light of the applicable risks incurred in connection with the business and its Subsidiariesaffairs of the Company or the relevant Restricted Subsidiary, taken as a wholeapplicable.

Maintenance of Properties and Insurance. (a) The Company shall cause all material properties used in, or useful to the conduct of, of its business or the business of any each of its Subsidiaries to be maintained and kept in good condition, repair and working order (reasonable wear and tear excepted) and supplied with all necessary equipment and shall cause to be made all necessary repairs, renewals, replacements, betterments betterment and improvements thereof, all as in its judgment may be necessary, so that the business carried on in connection therewith may be properly and advantageously conducted at all times unless the failure to so maintain such properties (together with all other such failures) would not have a material adverse effect on the financial condition or results of operations of the Company and its Subsidiaries, taken as a wholetimes; provided, however, that nothing in this Section 4.06 4.6 shall prevent the Company or any Subsidiary from discontinuing the any operation or maintenance of any of such properties, or disposing of any of them, if such discontinuance or disposal is is, in the good faith judgment of the Board of Directors of the Company or the Subsidiary concerned, as of the case may beCompany concerned and evidenced in a Board Resolution, desirable in the conduct of the business of the Company or such Subsidiary, as the case may be, and is not disadvantageous in any material respect to the Holders. (b) . The Company shall provide 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 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 judgment opinion of the Company, Company and adequate and appropriate for the conduct of the business of the Company and such Subsidiaries in a prudent manner for corporations similarly situated in the industry, unless the 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 Company and its Subsidiaries, taken as a whole.

Maintenance of Properties and Insurance. (a) The Company shall, and shall cause all properties used in, or useful to the conduct of, its business or the business of any each of its Restricted Subsidiaries to, maintain all material properties owned by or leased to be maintained it and kept its Restricted Subsidiaries in good conditionworking order, condition and repair and working order and supplied with all necessary equipment and shall cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereofthereto, all as in its the judgment of the Company or such Restricted Subsidiary may be necessary, necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times unless the failure to so maintain such properties (together with all other such failures) would not have a material adverse effect on the financial condition or results of operations of the Company and its Subsidiaries, taken as a wholetimes; provided, however, that nothing in this Section 4.06 shall prevent the Company or any Subsidiary of its Restricted Subsidiaries from discontinuing the use, operation or maintenance of any of such properties, or disposing of any of them, if such discontinuance or disposal is is, in the good faith judgment of the Board of Directors of the Company or of the Board of Directors of the Restricted Subsidiary concerned, as the case may be, desirable in the conduct of the business of the Company or such Subsidiary, as the case may be, and is not disadvantageous in any material respect to the Holdersof its Restricted Subsidiaries. (b) The Company shall provide or cause to be provided, for itself and each of its Restricted Subsidiaries, insurance (including appropriate self-self- insurance) against loss or damage of the kinds that, in the reasonable, good faith opinion judgment of the Company 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 good faith judgment of the Board of Directors of the Company, for corporations companies similarly situated in the industry, unless the 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 Company and its Subsidiaries, taken as a whole.

Maintenance of Properties and Insurance. (a) The Company shall cause all material properties used in, or useful to the conduct of, of its business or and the business of any each of its Restricted Subsidiaries to be maintained and kept in good condition, repair and working order (reasonable wear and supplied with all necessary equipment tear excepted) and shall cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in its reasonable judgment may be necessary, so that the business carried on in connection therewith may be properly and advantageously conducted at all times unless the failure to so maintain such properties (together with all other such failures) would not have a material adverse effect on the financial condition or results of operations of the Company and its Subsidiaries, taken as a wholetimes; provided, however, that nothing in this Section 4.06 4.6 shall prevent the Company or any Subsidiary from discontinuing the any operation or maintenance of any of such properties, or disposing of any of them, if such discontinuance or disposal is (a), in the good faith judgment of the Board of Directors of the Company or the Subsidiary concerned, as the case may beCompany, desirable in the conduct of the business of the Company or such Subsidiary, as the case may be, entity and is (b) not disadvantageous in any material respect to the Holders. (b) . The Company shall provide 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 is adequate and appropriate for the conduct of the business of the Company and such Restricted 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 judgment opinion of the Company, Company and adequate and appropriate for corporations the conduct of the business of the Company and such Restricted Subsidiaries in a prudent manner for entities similarly situated in the industry, unless the 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 Company and its or such Restricted Subsidiaries, taken as a whole.

Maintenance of Properties and Insurance. (a) The Company shall cause all material properties used in, owned by or leased by it or any of its Restricted Subsidiaries useful and necessary to the conduct of, of its business or the business of any of its Subsidiaries Restricted Subsidiaries, taken as a whole, to be maintained and kept in good normal condition, repair and working order (subject to ordinary wear and supplied with all necessary equipment tear) and shall cause to be made all necessary repairs, renewals, replacements, replacements and betterments and improvements thereof, all as in its judgment may be necessary, so that the business carried on in connection therewith may be properly and advantageously conducted at all times unless the failure to so maintain such properties (together with all other such failures) would not have a material adverse effect on the financial condition or results of operations of the Company and its Subsidiaries, taken as a wholetimes; provided, however, that nothing in this Section 4.06 4.07 shall prevent the Company or any Subsidiary of its Restricted Subsidiaries from discontinuing the use, operation or maintenance of any of such properties, or disposing of any of them, if such discontinuance or disposal is in the good faith ordinary course of business or, in the judgment of the Board of Directors of the Company or any Restricted Subsidiary of the Subsidiary Company concerned, as or of an officer (or other agent employed by the case may beCompany or of any of its Subsidiaries) of the Company or any of its Restricted Subsidiaries having managerial responsibility for any such property, desirable in the conduct of the business of the Company or such Subsidiary, as any Restricted Subsidiary of the case may beCompany, and if such discontinuance or disposal is not disadvantageous adverse in any material respect to the Holders. (b) The Company shall provide or maintain, and shall cause to be provided, for itself and each of its Restricted SubsidiariesSubsidiaries to maintain, insurance (including appropriate self-insurance) with responsible carriers against loss or damage of the kinds that, in the reasonable, good faith opinion of the Company are adequate such risks 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, and with such deductibles, retentions, self-insured amounts and co-insurance provisions, as are customarily carried by such methods as shall be customarysimilar businesses of similar size, including property and casualty loss, workers' compensation and interruption of business insurance, unless, in the good faith judgment of the Board of Directors of the Company, for corporations similarly situated in the industry, unless the failure to provide such insurance (together with all other such failures) would not have a be adverse in any material adverse effect on respect to the financial condition or results of operations of the Company and its Subsidiaries, taken as a wholeHolders.

Maintenance of Properties and Insurance. (a) The Company shall cause all material properties used in, or useful to the conduct of, of its business or and the business of any each of its Subsidiaries to be maintained and kept in good condition, repair and working order (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 its reasonable judgment may be necessary, so that the business carried on in connection therewith may be properly and advantageously conducted at all times unless the failure to so maintain such properties (together with all other such failures) would not have a material adverse effect on the financial condition or results of operations of the Company and its Subsidiaries, taken as a wholetimes; provided, however, that nothing in this Section 4.06 4.5 shall prevent -------- ------- the Company or any Subsidiary from discontinuing the any operation or maintenance of any of such properties, or disposing of any of them, if such discontinuance or disposal is (a), in the good faith judgment of the Board of Directors of the Company or the Subsidiary concerned, as the case may beCompany, desirable in the conduct of the business of the Company or such Subsidiary, as the case may be, entity and is (b) not disadvantageous in any material respect to the Holders. (b) . The Company shall provide 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 is adequate and appropriate for the conduct of the business of the Company and such Restricted 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 judgment 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 the 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 Company and its Subsidiaries, taken as a wholeor such Subsidiary.

Maintenance of Properties and Insurance. (a) The Company shall cause all material properties used in, or useful to the conduct of, of its business or the business of any of its Restricted Subsidiaries to be maintained and kept in good condition, repair and working order (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 its judgment may be necessary, so that the business carried on in connection therewith may be properly and advantageously conducted at all times unless the failure to so maintain such properties (together with all other such failures) would not have a material adverse effect on the financial condition or results of operations of the Company and its Subsidiaries, taken as a whole; provided, however, that nothing in this Section 4.06 4.17 shall prevent the Company or any Restricted Subsidiary from discontinuing the operation or maintenance of any of such properties, or disposing of any of them, if such discontinuance or disposal is in the good faith judgment of the Board of Directors of the Company or the Restricted Subsidiary concerned, as the case may be, desirable in the conduct of 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 good faith judgment of the Company, for corporations similarly situated in the industry, unless the 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 Company and its Subsidiaries, taken as a whole.

Maintenance of Properties and Insurance. (a) The Company shall, and shall cause all properties used in, or useful to the conduct of, its business or the business of any each of its Restricted Subsidiaries to be maintained and kept to, maintain its properties (including by the repair or replacement thereof) in good condition, repair and working order and supplied with condition (including by the repair or replacement thereof) in all necessary equipment material respects (subject to ordinary wear and shall cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in its judgment may be necessary, so that the business carried on in connection therewith may be properly and advantageously conducted at all times unless the failure to so maintain such properties (together with all other such failures) would not have a material adverse effect on the financial condition or results of operations of the Company and its Subsidiaries, taken as a wholetear); provided, however, that that, subject to Section 4.23, nothing in this Section 4.06 4.05 shall prevent the Company or any Subsidiary of its Restricted Subsidiaries from discontinuing the operation or and maintenance of any of such its properties, or disposing of any of them, if such discontinuance or disposal is is, in the good faith judgment of the Board of Directors of the Company or the Subsidiary concerned, as the case may beCompany, desirable in the conduct of the business of the Company or such Subsidiaryand its Restricted Subsidiaries, taken as the case may be, and is not disadvantageous in any material respect to the Holdersa whole. (b) The Company shall provide or cause to be provided, for itself and each of its Restricted Subsidiaries, maintain insurance (including appropriate self-insurance) against loss or damage of the kinds that, in the reasonable, good faith opinion judgment of the Company Company, are adequate and appropriate for the conduct of the business of the Company and such its 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. (c) The Company shall, in such and shall cause each of its Restricted Subsidiaries to, cause the Collateral Agent to be named as an additional insured and loss payee (as applicable) with respect to all insurance maintained by the Company or any Restricted Subsidiary thereof on the Note Collateral. The Company shall, and shall cause each of its Restricted Subsidiaries to, furnish to the Collateral Agent information relating to its property and liability insurance carriers consisting of (i) names of carriers, (ii) policy amounts, with such (iii) deductibles, (iv) such other information as is customarily contained in “binders” for such insurance and (v) such other information as may be reasonably requested by such methods as shall be customary, Holders of at least 25% in the good faith judgment aggregate principal amount of the Company, for corporations similarly situated in the industry, unless the 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 Company and its Subsidiaries, taken Notes then outstanding voting as a wholesingle class.

Maintenance of Properties and Insurance. (a) The Company shall cause all material properties used in, or useful to the conduct of, of its business or and the business of any each of its Subsidiaries to be maintained and kept in good condition, repair and working order (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 replacements thereof, all as in its reasonable judgment may be necessary, so that the business carried on in connection therewith may be properly and advantageously conducted at all times unless the failure to so maintain such properties (together with all other such failures) would not have a material adverse effect on the financial condition or results of operations of the Company and its Subsidiaries, taken as a wholetimes; provided, however, -------- -------- that nothing in this Section 4.06 4. 5 shall prevent the Company or any Subsidiary from discontinuing the any operation or maintenance of any of such properties, or disposing of any of them, if such discontinuance or disposal is (a), in the good faith judgment of the Board of Directors of the Company or the Subsidiary concerned, as the case may beCompany, desirable in the conduct of the business of such entity and (b) would not have a material adverse effect on the financial condition of the Company or such Subsidiary, as on the case may be, and is not disadvantageous in any material respect Company's ability to perform its obligations hereunder or under the Holders. (b) Securities. The Company shall provide 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 is adequate and appropriate for the conduct of the business of the Company and such Restricted 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 judgment 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 the 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 Company and its Subsidiaries, taken as a wholeor such Subsidiary.

Maintenance of Properties and Insurance. (a) The Except as otherwise provided in this Indenture, the Company shall, and shall cause each of its Subsidiaries to, cause all properties Properties owned by or leased to it and used in, or useful to in the conduct of, its business or of the business of the Company or any of its Subsidiaries such Subsidiary, as the case may be, to be maintained and kept in good repair, working order and condition, repair except for reasonable wear and working order use, and supplied with all necessary equipment and shall cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in its 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 unless times, except, in every case, as and to the failure extent that the Company or any such Subsidiary may be prevented by fire, strikes, lockouts, acts of God, inability to so maintain such properties (together with all other such failures) would not have a material adverse effect on obtain labor or materials, governmental restrictions, enemy action, civil commotion or unavoidable casualty or similar causes beyond the financial condition or results of operations control of the Company and its Subsidiaries, taken as a wholeor such Subsidiary; provided, however, that nothing in this Section 4.06 4.7 shall prevent the Company or any such Subsidiary from discontinuing the use, operation or maintenance of any of such propertiesProperties, or disposing of any of them, if such discontinuance Property or disposal is Properties are, in the good faith judgment of an Officer of the Company (or other agent employed by the Company) having managerial responsibility for any such Property (or, in the case of any materially important item, with respect to operations or value, in the good faith judgment of the Company as expressed in a resolution of the Board of Directors Directors), no longer necessary or useful in the conduct of the Company Company's business or the Subsidiary concerned, that of its Subsidiaries. For so long as the case may be, desirable in any Property is deemed to be useful to the conduct of the business of the Company or such Subsidiary, as the case may be, 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 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 good faith judgment of the Company, for corporations similarly situated in the industry, unless the 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 Company and its Subsidiaries, taken as a wholethe Company shall, or shall cause such Subsidiaries to, maintain appropriate insurance, in accordance with industry practice, on such Properties.

Maintenance of Properties and Insurance. (a) The Company shall, and shall cause all properties used in, or useful to the conduct of, its business or the business of any each of its Restricted Subsidiaries to be maintained and kept to, maintain its Properties in good condition, repair and working order and supplied with all necessary equipment condition (subject to ordinary wear and shall cause to be made tear) and make all necessary repairs, renewals, replacements, additions, betterments and improvements thereofthereto and actively conduct and carry on its business, all as in its judgment may be necessary, so that the business carried on in connection therewith may be properly and advantageously conducted at all times unless the failure to so maintain such properties (together with all other such failures) do so, in each case, would not be, in the aggregate, reasonably likely to have a material adverse effect on the business and financial condition or results of operations of the Company and its Restricted Subsidiaries, taken as a whole; provided, however, that nothing in this Section 4.06 4.05 shall prevent the Company or any Subsidiary of its Restricted Subsidiaries from discontinuing the operation or and maintenance of any of such properties, or disposing of any of them, its Properties if such discontinuance or disposal is is, in the good faith judgment of the Board of Directors or other governing body of the Company or the Restricted Subsidiary concerned, as the case may 51 -44- be, desirable in the conduct of the business of the Company or such Subsidiary, as the case may be, its 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, maintain insurance (including appropriate self-insurance) against loss or damage of the kinds that, in the reasonable, good faith opinion judgment of the Company Company, are adequate and appropriate for the conduct of the business of the Company and such its 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 good faith judgment of the Company, for corporations companies similarly situated in the industry, unless the failure to provide such insurance (together with all other such failures) except for any omissions thereof which would not be, in the aggregate, reasonably likely to have a material adverse effect on the business and financial condition or results of operations of the Company and its Restricted Subsidiaries, taken as a whole.

Maintenance of Properties and Insurance. (a) The Company shall cause all properties material Property used in, or useful to in the conduct of, of its business or the business of any of its Subsidiaries 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 its the judgment of the Company may be necessary, necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times unless the failure to so maintain such properties (together with all other such failures) would not have a material adverse effect on the financial condition or results of operations of the Company and its Subsidiaries, taken as a wholetimes; provided, however, that nothing in this Section 4.06 shall prevent the Company or any Subsidiary from discontinuing the operation or maintenance of any of such propertiesProperty, or disposing of any of themit, if such discontinuance or disposal is is, in the good faith 39 judgment of the Board of Directors of the Company or the Subsidiary concerned, as the case may be, desirable in the conduct of the business of the Company or such Subsidiary, as desirable in the case may be, conduct of its business and is not disadvantageous in any material respect adverse to the Holderspayment and performance of the obligations under the Securities and otherwise under this Indenture. (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 of America or an agency or instrumentality thereof, in such amounts, with such deductibles, and by such methods as shall be either (i) consistent with past practices of the Company or the applicable Subsidiary or (ii) customary, in the reasonable, good faith judgment opinion of the Company, for corporations similarly situated in the industry, unless the 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 Company and its Subsidiaries, taken as a whole.

Maintenance of Properties and Insurance. (a) The Except as otherwise provided in this Indenture, the Company shall, and shall cause each of its Subsidiaries to, cause all properties Collateral and Properties owned by or leased to it and used in, or useful to in the conduct of, its business or of the business of the Company or any of its Subsidiaries such Subsidiary, as the case may be, to be maintained and kept in good repair, working order and condition, repair except for reasonable wear and working order use, and supplied with all necessary equipment and shall cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in its 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 unless times, except, in every case, as and to the failure extent that the Company or any such Subsidiary may be prevented by fire, strikes, lockouts, acts of God, inability to so maintain such properties (together with all other such failures) would not have a material adverse effect on obtain labor or materials, governmental restrictions, enemy action, civil commotion or unavoidable casualty or similar causes beyond the financial condition or results of operations control of the Company and its Subsidiaries, taken as a wholeor such Subsidiary; provided, however, that subject to all requirements of the Operative Documents, nothing in this Section 4.06 4.7 shall prevent the Company or any such Subsidiary from discontinuing the use, operation or maintenance of any of such propertiesProperties, or disposing of any of them, if such discontinuance Property or disposal is Properties are, in the good faith judgment of an Officer of the Company (or other agent employed by the Company) having managerial responsibility for any such Property (or, in the case of any materially important item, with respect to operations or value, in the good faith judgment of the Company as expressed in a resolution of the Board of Directors Directors), no longer necessary or useful in the conduct of the Company Company's business or the Subsidiary concerned, that of its Subsidiaries. For so long as the case may be, desirable in any Collateral or Property is deemed to be useful to the conduct of the business of the Company or such Subsidiary, as the case may be, 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 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 good faith judgment of the Company, for corporations similarly situated in the industry, unless the 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 Company and its Subsidiaries, taken the Company shall, or shall cause such Subsidiaries to, maintain appropriate insurance, in accordance with industry practice, on such Collateral and Properties and as a wholerequired under the provisions of the applicable Operative Documents.

Maintenance of Properties and Insurance. (a) The Company shall cause all material properties used in, or useful to the conduct of, of its business or and the business of any each of its Subsidiaries to be maintained and kept in good condition, repair and working order (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 its their reasonable judgment may be necessary, so that the business carried on in connection therewith may be properly and advantageously conducted at all times unless the failure to so maintain such properties (together with all other such failures) would not have a material adverse effect on the financial condition or results of operations of the Company and its Subsidiaries, taken as a wholetimes; provided, however, that nothing in this Section 4.06 4.5 shall prevent -------- ------- the Company or any Subsidiary from discontinuing the any operation or maintenance of any of such properties, or disposing of any of them, if such discontinuance or disposal is (a), in the good faith judgment of the Board of Directors of the Company or the Subsidiary concerned, as the case may beCompany, desirable in the conduct of the business of the Company or such Subsidiary, as the case may be, entity and is (b) not disadvantageous in any material respect to the Holders. (b) . The Company shall provide 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 is adequate and appropriate for the conduct of the business of the Company and such Restricted 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 judgment 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 the 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 Company and its Subsidiaries, taken as a wholeor such Subsidiary.

Maintenance of Properties and Insurance. (a) The Company shall cause all properties Properties used in, or useful to in the conduct of, of its business or the business of any of its Subsidiaries to be maintained and kept in good satisfactory condition, repair and working order and supplied with all necessary equipment and shall cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in its judgment may be necessary, so that the business carried on in connection therewith may be properly and advantageously conducted at all times unless the failure to so maintain such properties (together with all other such failures) would not have a material adverse effect on the financial condition or results of operations of the Company and its Subsidiaries, Subsidiaries taken as a whole; provided, however, that nothing in this Section 4.06 4.05 shall prevent the Company or any of its Subsidiary from discontinuing the operation or maintenance of any of such properties, properties or disposing of any of them, them if such discontinuance or disposal is either (i) in the ordinary course of business, (ii) in the good faith judgment of the Board of Directors of the Company or the Subsidiary concerned, or of the senior officers of the Company or such Subsidiary, as the case may be, desirable in the conduct of the business of the Company or such Subsidiary, as the case may be, and or (iii) is not disadvantageous in any material respect to the Holdersotherwise permitted by this Indenture. (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 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 judgment opinion of the Company, for corporations companies similarly situated in the industry, unless the 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 Company and its Subsidiaries, taken as a whole. (c) The Company shall and shall cause each of its Subsidiaries to keep proper books of record and account, in which full and correct entries shall be made of all financial transactions and the assets and business of the Company and each Subsidiary in accordance with GAAP consistently applied to the Company and its Subsidiaries taken as a whole.

Maintenance of Properties and Insurance. (a) The Company shall, and shall cause all properties used in, or useful to the conduct of, its business or the business of any each of its Restricted Subsidiaries to be maintained and kept to, maintain its Properties in good condition, repair and working order and supplied with condition (subject to ordinary wear and tear) and make all necessary equipment and shall cause to be made all reasonably necessary repairs, renewals, replacements, additions, betterments and improvements thereofthereto and actively conduct and carry on its business, all as in its judgment may be necessary, so that the business carried on in connection therewith may be properly and advantageously conducted at all times unless the failure to so maintain such properties (together with all other such failures) do so, in each case, would not be, in the aggregate, reasonably likely to have a material adverse effect on the business and financial condition or results of operations of the Company and its Restricted Subsidiaries, taken as a whole; providedPROVIDED, howeverHOWEVER, that nothing in this Section 4.06 4.05 shall prevent the Company or any Subsidiary of its Restricted Subsidiaries from discontinuing the operation or and maintenance of any of such properties, or disposing of any of them, its Properties if such discontinuance or disposal is is, in the good faith judgment of the Board of Directors or other governing body of the Company or the Restricted Subsidiary concerned, as the case may be, desirable in the conduct of the business of the Company or such Subsidiary, as the case may be, its 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, maintain insurance (including appropriate self-insurance) against loss or damage of the kinds that, in the reasonable, good faith opinion judgment of the Company Company, are adequate and appropriate for the conduct of the business of the Company and such its 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 good faith judgment of the Company, for corporations companies similarly situated in the industry, unless the failure to provide such insurance (together with all other such failures) except for any omissions thereof which would not be, in the aggregate, reasonably likely to have a material adverse effect on the business and financial condition or results of operations of the Company and its Restricted Subsidiaries, taken as a whole.

Maintenance of Properties and Insurance. (a) The Company shall cause all properties used in, or useful to the conduct of, of its business or the business of any of its Subsidiaries to be maintained and kept in good condition, repair and working order and supplied with all necessary equipment and shall cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in its judgment may be necessary, so that the business carried on in connection therewith may be properly and advantageously conducted at all times unless the failure to so maintain such properties (together with all other such failures) would not have a material adverse effect on the financial condition or results of operations of the Company and its Subsidiaries, Subsidiaries taken as a whole; provided, however, that nothing in this Section 4.06 5.06 shall prevent the Company or any Subsidiary from discontinuing the operation or maintenance of any of such properties, or disposing of any of them, if such discontinuance or disposal is either (i) in the ordinary course of business, (ii) in the good faith judgment of the Board of Directors of the Company or the Subsidiary concerned, or of the senior officers of the Company or such Subsidiary, as the case may be, desirable in the conduct of the business of the Company or such Subsidiary, as the case may be, and or (iii) is not disadvantageous in any material respect to the Holdersotherwise permitted by this Indenture. (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 of America or an agency or instrumentality thereof, in such amounts, with such deductibles, and by such methods as shall be either (i) consistent with past practices of the Company or the applicable Subsidiary or (ii) customary, in the reasonable, good faith judgment opinion of the Company, for corporations similarly situated in the industry, unless the 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 Company and its Subsidiaries, taken as a whole.

Maintenance of Properties and Insurance. (a) The Company shall, and shall cause all properties used in, or useful to the conduct of, its business or the business of any each of its Restricted Subsidiaries to be maintained and kept to, maintain its Properties in good condition, repair and working order and supplied with all necessary equipment condition (subject to ordinary wear and shall cause to be made tear) and make all necessary repairs, renewals, replacements, additions, betterments and improvements thereofthereto and actively conduct and carry on its business, all as in its judgment may be necessary, so that the business carried on in connection therewith may be properly and advantageously conducted at all times unless the failure to so maintain such properties (together with all other such failures) do so, in each case, would not be, in the aggregate, reasonably likely to have a material adverse effect on the business and financial condition or results of operations of the Company and its Restricted Subsidiaries, taken as a whole; provided, howeverPROVIDED, that nothing in this Section 4.06 4.05 shall prevent the Company or any Subsidiary of its Restricted Subsidiaries from discontinuing the operation or and maintenance of any of such properties, or disposing of any of them, its Properties if such discontinuance or disposal is is, in the ordinary course of business or, in the good faith judgment of the Board of Directors or other governing body of the Company or the Restricted Subsidiary concerned, as the case may be, desirable in the conduct of the business of the Company or such Subsidiary, as the case may be, its 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, maintain insurance (including appropriate self-insurance) against loss or damage of the kinds that, in the reasonable, good faith opinion judgment of the Company Company, are adequate and appropriate for the conduct of the business of the Company and such its 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 consistent with past practice or customary, in the good faith judgment of the Company, for corporations companies similarly situated in the industry, unless the failure to provide such insurance (together with all other such failures) except for any omissions thereof which would not be, in the aggregate, reasonably likely to have a material adverse effect on the business and financial condition or results of operations of the Company and its Restricted Subsidiaries, taken as a whole.

Maintenance of Properties and Insurance. (a) The Company shall cause all material properties used in, or useful to the conduct of, of its business or and the business of any each of its Subsidiaries to be maintained and kept in good condition, repair and working order (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 its their reasonable judgment may be necessary, so that the business carried on in connection therewith may be properly and advantageously conducted at all times unless the failure to so maintain such properties (together with all other such failures) would not have a material adverse effect on the financial condition or results of operations of the Company and its Subsidiaries, taken as a wholetimes; provided, however, that nothing in this Section 4.06 4.5 shall prevent the Company or any Subsidiary from discontinuing the any operation or maintenance of any of such properties, or disposing of any of them, if such discontinuance or disposal is in the good faith judgment of the Board of Directors of the Company or the Subsidiary concernedCompany, as the case may be, (a) desirable in the conduct of the business of the Company or such Subsidiary, as the case may be, entity and is (b) not disadvantageous in any material respect to the Holders. (b) . The Company shall provide 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 is adequate and appropriate for the conduct of the business of the Company and such Restricted 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 customaryshall, in the reasonable, good faith judgment opinion of the Company, be customary, 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 the 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 Company and its Subsidiaries, taken as a wholeor such Subsidiary.

Maintenance of Properties and Insurance. (a) The Company shall cause all material properties used in, or useful to the conduct of, of its business or and the business of any each of its Restricted Subsidiaries to be maintained and kept in good condition, repair and working order (reasonable wear and supplied with all necessary equipment tear excepted) and shall cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in its reasonable judgment may be necessary, so that the business carried on in connection therewith may be properly and advantageously conducted at all times unless the failure to so maintain such properties (together with all other such failures) would not have a material adverse effect on the financial condition or results of operations of the Company and its Subsidiaries, taken as a wholetimes; provided, however, that nothing in this Section 4.06 4.07 shall prevent the Company or any Subsidiary from discontinuing the any operation or maintenance of any of such properties, or disposing of any of them, if such discontinuance or disposal is (a) in the good faith judgment of the Board of Directors of the Company or the Subsidiary concerned, as the case may beCompany, desirable in the conduct of the business of the Company or such Subsidiary, as the case may be, entity and is (b) not disadvantageous in any material respect to the Holders. (b) . The Company shall provide 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 is adequate and appropriate for the conduct of the business of the Company and such Restricted 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 judgment opinion of the Company, Board of Directors of the Company and adequate and appropriate for corporations the conduct of the business of the Company and such Restricted Subsidiaries in a prudent manner for entities similarly situated in the industry, unless the failure to provide such insurance (together with all other such failures) would not have a material adverse effect ef- fect on the financial condition or results of operations of the Company and its Subsidiariesor such Restricted Subsidiary. The Company shall provide, taken as a wholeor cause to be provided, the insurance required under the Security Documents.

Maintenance of Properties and Insurance. (a) The Company shall cause all material properties used in, or useful to the conduct of, of its business or and the business of any each of its Subsidiaries to be maintained and kept in good condition, repair and working order (reasonable wear and supplied with all necessary equipment tear excepted) and shall cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in its reasonable judgment may be necessary, so that the business carried on in connection therewith may be properly and advantageously conducted at all times unless the failure to so maintain such properties (together with all other such failures) would not have a material adverse effect on the financial condition or results of operations of the Company and its Subsidiaries, taken as a wholetimes; provided, however, that nothing in this Section 4.06 4. 5 shall prevent the Company or any Subsidiary from discontinuing the operation or maintenance of any of such properties, or disposing of any of them, if such discontinuance or disposal is (a) in the good faith judgment of the Board of Directors of the Company or the Subsidiary concerned, as the case may beCompany, desirable in the conduct of the business of the Company or such Subsidiary, as the case may be, entity and is (b) not disadvantageous in any material respect to the Holders. (b) . The Company shall provide 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 Company, is adequate and appropriate for the conduct of the business of the Company and such Restricted 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 judgment opinion of the 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 the 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 Company and its Subsidiaries, Subsidiaries taken as a whole.

Maintenance of Properties and Insurance. (a) The Company shall cause all properties used in, or useful to the conduct of, of its business or the business of any of its the Restricted Subsidiaries to be maintained and kept in good condition, repair and working order and supplied with all necessary equipment and shall cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in its judgment may be necessary, so that the business carried on in connection therewith may be properly and advantageously conducted at all times unless the failure to so maintain such properties (together with all other such failures) would not have a material adverse effect on the financial condition or results of operations of the Company and its Subsidiaries, the Restricted Subsidiaries taken as a whole; provided, however, that nothing in this Section 4.06 5.6 shall prevent the Company or -------- ------- any Restricted Subsidiary from discontinuing the operation or maintenance of any of such properties, or disposing of any of them, if such discontinuance or disposal is either (i) in the ordinary course of business, (ii) in the good faith judgment of the Board of Directors of the Company or the Restricted Subsidiary concerned, or of the senior officers of the Company or such Restricted Subsidiary, as the case may be, desirable in the conduct of the business of the Company or such Restricted Subsidiary, as the case may be, and or (iii) is not disadvantageous in any material respect to the Holdersotherwise permitted by this Indenture. (b) The Company shall provide or cause to be provided, for itself and each of its the Restricted Subsidiaries, insurance (including appropriate self-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 the 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 either (i) consistent with past practices of the Company or the applicable Restricted Subsidiary or (ii) customary, in the reasonable, good faith judgment opinion of the Company, for corporations similarly situated in the industry, unless the 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 Company and its the Restricted Subsidiaries, taken as a whole.

Maintenance of Properties and Insurance. (a) The Company shall cause all properties material Property used in, or useful to in the conduct of, of its business or the business of any of its Subsidiaries 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 its the judgment of the Company may be necessary, necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times unless the failure to so maintain such properties (together with all other such failures) would not have a material adverse effect on the financial condition or results of operations of the Company and its Subsidiaries, taken as a wholetimes; provided, however, that nothing in this Section 4.06 4.8 shall prevent the Company or any Subsidiary from discontinuing the operation or maintenance of any of such propertiesProperty, or disposing of any of themit, if such discontinuance or disposal is is, in the good faith judgment of the Board of Directors of the Company or the Subsidiary concerned, as the case may be, desirable in the conduct of the business of the Company or such Subsidiary, as desirable in the case may be, conduct of its business and is not disadvantageous in any material respect adverse to the Holderspayment and performance of the obligations under the Securities and otherwise under this Indenture. (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 of America or an agency or instrumentality thereof, in such amounts, with such deductibles, and by such methods as shall be either (i) consistent with past practices of the Company or the applicable Subsidiary or (ii) customary, in the reasonable, good faith judgment opinion of the Company, for corporations similarly situated in the industry, unless the 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 Company and its Subsidiaries, taken as a whole.

Maintenance of Properties and Insurance. (a) The Company shall cause all properties owned by or leased to it and used in, or useful to in the conduct of, of its business or the business of any Restricted Subsidiary of the Company and material to the Company and its Restricted Subsidiaries taken as a whole, to be maintained and kept in good normal condition, repair and working order and supplied with all necessary equipment and shall cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in its the judgment of the Company may be necessary, necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times unless the failure to so maintain such properties (together with all other such failures) would not have a material adverse effect on the financial condition or results of operations of the Company and its Subsidiaries, taken as a wholetimes; provided, however, that nothing in this Section 4.06 shall prevent the Company or any such Restricted Subsidiary from discontinuing the use, operation or maintenance of any of such properties, or disposing of any of them, if such discontinuance or disposal is is, in the good faith judgment of the Board of Directors of the Company or of the Board of Directors of such Restricted Subsidiary concerned, as or of an officer (or other agent employed by the case may beCompany or any of its Restricted Subsidiaries) of the Company or such Restricted Subsidiary having managerial responsibility for any such property, desirable in the conduct of the business of the Company or such Subsidiary, as the case may be, and is not disadvantageous in any material respect to the Holdersof its Restricted Subsidiaries. (b) The Company shall provide or cause to be provided, for itself and each of its Restricted Subsidiaries, provided insurance (including appropriate self-insurance) against loss or damage of the kinds that, in the reasonable, good faith opinion judgment of the Company Board of Directors or an officer of the Company, are adequate and appropriate for the conduct of the business of the Company and such its 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 good faith judgment of the Board of Directors or an officer of the Company, for corporations companies similarly situated in the industry, unless the 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 Company and its Subsidiaries, taken as a whole.

Maintenance of Properties and Insurance. (a) The Company shall cause all material properties used in, or useful to the conduct of, of its business or the business of any of its Subsidiaries to be maintained and kept in good condition, repair and working order (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 its judgment may be necessary, so that the business carried on in connection therewith may be properly and advantageously conducted at all times unless the failure to so maintain such properties (together with all other such failures) would not have a material adverse effect on the financial condition or results of operations of the Company and its Subsidiaries, taken as a whole; provided, -------- however, that nothing in this Section 4.06 4.21 shall prevent the Company or any ------- Subsidiary from discontinuing the operation or maintenance of any of such properties, or disposing of any of them, if such discontinuance or disposal is in the good faith judgment of the Board of Directors of the Company or the Subsidiary concerned, as the case may be, desirable in the conduct of the business of the Company or such 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 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 good faith judgment of the Company, for corporations similarly situated in the industry, unless the 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 Company and its Subsidiaries, taken as a whole.

Maintenance of Properties and Insurance. (a) The Company shall cause all material properties used in, or useful to the conduct of, of its business or and the business of any each of its Subsidiaries to be maintained and kept in good condition, repair and working order (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 its reasonable judgment may be necessary, so that the business carried on in connection therewith may be properly and advantageously conducted at all times unless the failure to so maintain such properties (together with all other such failures) would not have a material adverse effect on the financial condition or results of operations of the Company and its Subsidiaries, taken as a wholetimes; provided, however, that nothing in this Section 4.06 4.5 shall prevent the Company or any Subsidiary from discontinuing the any operation or maintenance of any of such properties, or disposing of any of them, if such discontinuance or disposal is (a), in the good faith judgment of the Board of Directors of the Company or the Subsidiary concerned, as the case may beCompany, desirable in the conduct of the business of the Company or such Subsidiary, as the case may be, entity and is (b) not disadvantageous in any material respect to the Holders. (b) . The Company shall provide 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 is adequate and appropriate for the conduct of the business of the Company and such Restricted 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 judgment 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 the 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 Company and its Subsidiaries, taken as a wholeor such Subsidiary.

Maintenance of Properties and Insurance. (a) The Company shall cause all properties used in, or useful to the conduct of, its business or the business of any of its Subsidiaries to be maintained and kept in good condition, repair and working order and supplied with all necessary equipment and shall cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in its judgment may be necessary, so that the business carried on in connection therewith may be properly and advantageously conducted at all times unless the failure to so maintain such properties (together with all other such failures) would not have a material adverse effect on the financial condition or results of operations of the Company and its Subsidiaries, taken as a whole; provided, however, that nothing in this Section 4.06 shall prevent the Company or any Subsidiary from discontinuing the operation or maintenance of any of such properties, or disposing of any of them, if such discontinuance or disposal is in the good faith judgment of the Board of Directors of the Company or the Subsidiary concerned, as the case may be, desirable in 44 52 the conduct of the business of the Company or such Subsidiary, as the case may be, 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 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 good faith judgment of the Company, for corporations similarly situated in the industry, unless the 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 Company and its Subsidiaries, taken as a whole.

Maintenance of Properties and Insurance. (a) The Company shall cause all material properties used in, or useful to the conduct of, of its business or and the business of any each of its Restricted Subsidiaries to be maintained and kept in good condition, repair and working order (reasonable wear and supplied with all necessary equipment tear excepted) and shall cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in its reasonable judgment may be necessary, so that the business carried on in connection therewith may be properly and advantageously conducted at all times unless the failure to so maintain such properties (together with all other such failures) would not have a material adverse effect on the financial condition or results of operations of the Company and its Subsidiaries, taken as a wholetimes; provided, however, that nothing in this Section 4.06 4.6 shall prevent the Company or any Subsidiary from discontinuing the any operation or maintenance of any of such properties, or disposing of any of them, if such discontinuance or disposal is (a), in the good faith judgment of the Board of Directors of the Company or the Subsidiary concerned, as the case may beCompany, desirable in the conduct of the business of the Company or such Subsidiary, as the case may be, entity and is (b) not disadvantageous in any material respect to the Holders. (b) . The Company shall provide 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 is adequate and appropriate for the conduct of the business of the Company and such Restricted 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 judgment opinion of the Company, Company and adequate and appropriate for corporations the conduct of the business of the Company and such Restricted Subsidiaries in a prudent manner for entities similarly situated in the industry, unless the 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 Company and its Subsidiaries, taken as a wholeor such Restricted Subsidiary.

Maintenance of Properties and Insurance. (a) The Company shall, and shall cause all properties used in, or useful to the conduct of, its business or the business of any each of its Restricted Subsidiaries to be maintained and kept to, maintain its Properties in good condition, repair and working order and supplied with all necessary equipment condition (subject to ordinary wear and shall cause to be made tear) and make all necessary repairs, renewals, replacements, additions, betterments and improvements thereofthereto and actively conduct and carry on its business, all as in its judgment may be necessary, so that the business carried on in connection therewith may be properly and advantageously conducted at all times unless the failure to so maintain such properties (together with all other such failures) do so, in each case, would not be, in the aggregate, reasonably likely to have a material adverse effect on the business and financial condition or results of operations of the Company and its Restricted Subsidiaries, taken as a whole; provided, however, that nothing in this Section 4.06 4.05 shall prevent the Company or any Subsidiary of its Restricted Subsidiaries from discontinuing the operation or and maintenance of any of such properties, or disposing of any of them, its Properties if such discontinuance or disposal is is, in the good faith judgment of the Board of Directors or other governing body of the Company or the Restricted Subsidiary concerned, as the case may be, desirable in the conduct of the business of the Company or such Subsidiary, as the case may be, its 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, maintain insurance (including appropriate self-self- insurance) against loss or damage of the kinds that, in the reasonable, good faith opinion judgment of the Company Company, are adequate and appropriate for the conduct of the business of the Company and such its 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 good faith judgment of the Company, for corporations companies similarly situated in the industry, unless the failure to provide such insurance (together with all other such failures) except for any omissions thereof which would not be, in the aggregate, reasonably likely to have a material adverse effect on the business and financial condition or results of operations of the Company and its Restricted Subsidiaries, taken as a whole.

Maintenance of Properties and Insurance. (a) The Company shall cause all material properties used in, or useful to the conduct of, of its business or and the business of any each of its Restricted Subsidiaries to be maintained and kept in good condition, repair and working order (reasonable wear and supplied with all necessary equipment tear excepted) and shall cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in its reasonable judgment may be necessary, so that the business carried on in connection therewith may be properly and advantageously conducted at all times unless the failure to so maintain such properties (together with all other such failures) would not have a material adverse effect on the financial condition or results of operations of the Company and its Subsidiaries, taken as a wholetimes; provided, however, that nothing in this Section 4.06 4.07 shall prevent the Company or any Subsidiary from discontinuing the any operation or maintenance of any of such properties, or disposing of any of them, if such discontinuance or disposal is (a) in the good faith judgment of the Board of Directors of the Company or the Subsidiary concerned, as the case may beCompany, desirable in the conduct of the business of the Company or such Subsidiary, as the case may be, entity and is (b) not disadvantageous in any material respect to the Holders. (b) . The Company shall provide 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 is adequate and appropriate for the conduct of the business of the Company and such Restricted 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 judgment opinion of the Company, Board of Directors of the Company and adequate and appropriate for corporations the conduct of the business of the Company and such Restricted Subsidiaries in a prudent manner for entities similarly situated in the industry, unless the 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 Company and its Subsidiaries, taken as a wholeor such Restricted Subsidiary.

Maintenance of Properties and Insurance. (a) The Company shall cause all properties used in, or useful to the conduct of, of its business or the business of any of its Subsidiaries to be maintained and kept in good condition, repair and working order and supplied with all necessary equipment and shall cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in its judgment may be necessary, so that the business carried on in connection therewith may be properly and advantageously conducted at all times unless the failure to so maintain such properties (together with all other such failures) would not have a material adverse effect on the financial condition or results of operations of the Company and its Subsidiaries, taken as a whole; provided, however, that nothing in this Section 4.06 shall prevent the Company or any Subsidiary from discontinuing the operation or maintenance of any of such properties, or disposing of any of them, if such discontinuance or disposal is in the good faith judgment of the Board of Directors of the Company or the Subsidiary concerned, as the case may be, desirable in the conduct of the business of the Company or such Subsidiary, as the case may be, and is not disadvantageous in any material respect to the Holders.. 52 (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 of America or an agency or instrumentality thereof, in such amounts, with such deductibles, and by such methods as shall be customary, in the good faith judgment of the Company, for corporations similarly situated in the industry, unless the 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 Company and its Subsidiaries, taken as a whole.

Maintenance of Properties and Insurance. (a) The Company shall, and shall cause all properties used in, or useful to the conduct of, its business or the business of any each of its Subsidiaries to be maintained and kept to, maintain its material properties in good condition, repair and working order and supplied with all necessary equipment condition (subject to ordinary wear and shall tear) and make or cause to be made all necessary repairs, renewals, replacements, additions, betterments and improvements thereofthereto and actively conduct and carry on its business, all as in its the reasonable judgment may be necessary, of the Company as is necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times unless the failure to so maintain such properties (together with all other such failures) would not have a material adverse effect on the financial condition or results of operations of the by Company and its Subsidiaries, taken as a wholeSubsidiaries may be actively conducted; provided, however, that nothing in this Section 4.06 4.17 shall prevent the Company or any Subsidiary of its Subsidiaries from discontinuing the operation or and maintenance of any of such its properties, or disposing of any of them, if such discontinuance or disposal is is, in the good faith judgment of the Board of Directors of the Company or the Subsidiary concernedSubsidiary, as the case may bebe (such judgment to be evidenced by a board resolution certified by the Secretary of the Company and furnished to the Trustee), desirable in the conduct of the business of the Company or such Subsidiary, as the case may be, 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 Company 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 America, any state thereof or an any agency or instrumentality thereofof such governments, in such amounts, with such deductibles, and by such methods as shall be customary, in the good faith judgment of the Board of Directors of the Company, for corporations companies similarly situated in the industry, unless the 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 Company and its Subsidiaries, taken as a whole.

Maintenance of Properties and Insurance. (a) The Company shall cause all material properties used in, or useful to the conduct of, of its business or and the business of any each of its Subsidiaries to be maintained and kept in good condition, repair and working order (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 its reasonable good faith judgment may be necessary, so that the business carried on in connection therewith may be properly and advantageously conducted at all times unless the failure to so maintain such properties (together with all other such failures) would not have a material adverse effect on the financial condition or results of operations of the Company and its Subsidiaries, taken as a wholetimes; provided, however, that nothing in this Section 4.06 4.5 shall prevent the Company or any Subsidiary from discontinuing the any operation or maintenance of any of such properties, or disposing of any of them, if such discontinuance or disposal is (a) in the good faith judgment of the Board of Directors of the Company or the Subsidiary concerned, as the case may beCompany, desirable in the conduct of the business of the Company or such Subsidiary, as the case may be, entity and is (b) not disadvantageous in any material respect to the Holders. (b) . The Company shall provide 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 Company are is adequate and appropriate for the conduct of the business of the Company and such Restricted 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 judgment 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 the 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 Company and its the Subsidiaries, taken as a whole.

Maintenance of Properties and Insurance. (a) The Each of the Company and the Guarantors shall cause all properties used in, or useful to in the conduct of, of its business or the business of any of its Subsidiaries to be maintained and kept in good condition, repair and working order and supplied with all necessary equipment and shall cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in its judgment may be necessary, so that the business carried on in connection therewith may be properly and advantageously conducted at all times unless the failure to so maintain such properties (together with all other such failures) would not have a material adverse effect on the financial condition or results of operations of the Company and its Subsidiaries, the Guarantors and their Subsidiaries taken as a whole; providedPROVIDED, howeverHOWEVER, that nothing in this Section 4.06 shall prevent the Company and the Guarantors or any Subsidiary of their Subsidiaries from discontinuing the operation or maintenance of any of such properties, or disposing of any of them, if such discontinuance or disposal is either (i) in the ordinary course of business, (ii) in the good faith judgment of the Board of Directors of the Company or the Guarantors or the Subsidiary concerned, or of the senior officers of the Company or the Guarantors or such Subsidiary, as the case may be, desirable in the conduct of the business of the Company or the Guarantors or such Subsidiary, as the case may be, and or (iii) is not disadvantageous in any material respect to the Holdersotherwise permitted by this Indenture. (b) The Each of the Company and the Guarantors 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 each of the Company and the Guarantors are adequate and appropriate for the conduct of the business of the Company and the Guarantors 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 judgment opinion of each of the CompanyCompany and the Guarantors, for corporations companies similarly situated in the industry, unless the 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 each of the Company and the Guarantors and its Subsidiaries, taken as a whole.