Maintenance of Properties and Insurance. (A) The Issuer will cause all properties (other than immaterial properties) used or useful in the conduct of its business or the business of any of its Restricted Subsidiaries to be maintained and kept in good condition, repair and working order as in the judgment of the Issuer may be necessary so that the business of the Issuer and its Restricted Subsidiaries may be properly and advantageously conducted at all times; provided, however, that nothing in this Section 4.15 shall prevent the Issuer or any 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, in the judgment of the Issuer, desirable in the conduct of the business of the Issuer and its Restricted Subsidiaries taken as a whole. (B) The Issuer will provide or cause to be provided, for itself and its Restricted Subsidiaries, insurance (including appropriate self-insurance) against loss or damage of the kinds customarily insured against by corporations similarly situated and owning like properties, including, but not limited to, products liability insurance and public liability insurance, with reputable insurers, in such amounts, with such deductibles and by such methods as are customary for corporations similarly situated in the industry in which the Issuer and its Restricted Subsidiaries are then conducting business.
Appears in 5 contracts
Samples: Supplemental Indenture (Kennedy-Wilson Holdings, Inc.), Supplemental Indenture (Kennedy-Wilson Holdings, Inc.), Supplemental Indenture (Kennedy-Wilson Holdings, Inc.)
Maintenance of Properties and Insurance. (Aa) The Issuer will Company shall cause all material properties (other than immaterial properties) owned by or leased by it or any of the Restricted Subsidiaries used or useful in the conduct of its business or the business of any of its the Restricted Subsidiaries to be improved or maintained and kept in good normal 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 the its judgment of the Issuer may be necessary necessary, so that the business of the Issuer and its Restricted Subsidiaries carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that nothing in this Section 4.15 4.07 shall prevent the Issuer Company or any of the Restricted Subsidiary Subsidiaries from discontinuing the use, operation or maintenance of any of such properties properties, or disposing of any of them, if such discontinuance or disposal is, in the judgment of the IssuerBoard of Directors of the Company or of the Board of Directors of any Restricted Subsidiary, or of an officer (or other agent employed by the Company or of any of the Restricted 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 Issuer Company or any Restricted Subsidiary, and its Restricted Subsidiaries taken as a wholeif such discontinuance or disposal is not adverse in any material respect to the Holders.
(Bb) The Issuer will provide or Company shall maintain, and shall cause the Restricted Subsidiaries to be provided, for itself and its Restricted Subsidiariesmaintain, insurance (including appropriate self-insurance) with responsible carriers against loss or damage of the kinds customarily insured against by corporations similarly situated such risks and owning like properties, including, but not limited to, products liability insurance and public liability insurance, with reputable insurers, in such amounts, and with such deductibles deductibles, retentions, self-insured amounts and by such methods co-insurance provisions, as are customary for corporations similarly situated in the industry in which the Issuer customarily carried by similar businesses of similar size, including property and its Restricted Subsidiaries are then conducting businesscasualty loss, workers’ compensation and interruption of business insurance.
Appears in 4 contracts
Samples: First Supplemental Indenture (Tenneco Inc), Indenture (Tenneco Inc), Indenture (Tenneco Inc)
Maintenance of Properties and Insurance. (Aa) The Issuer will shall cause all material properties (other than immaterial properties) owned by or leased by it or any of its Subsidiaries used or useful in to the conduct of its the Issuer’s business or the business of any of its Restricted 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 the its judgment of the Issuer may be necessary necessary, so that the business of the Issuer and its Restricted Subsidiaries carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that nothing in this Section 4.15 4.09 shall prevent the Issuer or any Restricted Subsidiary of its Subsidiaries from discontinuing the use, operation or maintenance of any of such properties properties, or disposing of any of them, if such discontinuance or disposal is, in the judgment of the IssuerBoard of Directors of the Issuer or of the Board of Directors of any Subsidiary of the Issuer concerned, or of an officer (or other agent employed by the Issuer or of any of its Subsidiaries) of the Issuer or any of its Subsidiaries having managerial responsibility for any such property, desirable in the conduct of the business of the Issuer or any Subsidiary of the Issuer, and its Restricted Subsidiaries taken as a wholeif such discontinuance or disposal is not adverse in any material respect to the rights of the Holders under this Indenture or the Notes.
(Bb) The Issuer will provide or shall maintain, and shall cause its respective Subsidiaries to be provided, for itself and its Restricted Subsidiariesmaintain, insurance (including appropriate self-insurance) with responsible carriers against loss or damage of the kinds customarily insured against by corporations similarly situated such risks and owning like properties, including, but not limited to, products liability insurance and public liability insurance, with reputable insurers, in such amounts, and with such deductibles deductibles, retentions, self-insured amounts and by such methods co-insurance provisions, as are customary for corporations similarly situated in the industry in which the Issuer customarily carried by similar businesses of similar size, including property and its Restricted Subsidiaries are then conducting businesscasualty loss, workers’ compensation and interruption of business insurance.
Appears in 4 contracts
Samples: Indenture (American Greetings Corp), Indenture (American Greetings Corp), Indenture (American Greetings Corp)
Maintenance of Properties and Insurance. (Aa) The Issuer will Casella shall cause all material properties (other than immaterial properties) owned by or leased by it or any of its Restricted Subsidiaries used or useful in to the conduct of its business or the business of any of its Restricted 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 repairs, renewals, replacements, and betterments thereof, all as in the its judgment of the Issuer may be necessary necessary, so that the business of the Issuer and its Restricted Subsidiaries carried on in connection therewith may be properly and advantageously conducted at all times; providedPROVIDED, howeverHOWEVER, that nothing in this Section 4.15 4.05 shall prevent the Issuer Casella or any of its Restricted Subsidiary Subsidiaries from discontinuing the use, operation or maintenance of any of such properties properties, or disposing of any of them, if such discontinuance or disposal is, in the judgment of the Issuer, Board of Directors of Casella or any such Restricted Subsidiary desirable in the conduct of the business of Casella or any such Restricted Subsidiary, and if such discontinuance or disposal would not, individually or in the Issuer and aggregate, have a material adverse effect on the ability of Casella or the Guarantors to perform each of their respective obligations hereunder; PROVIDED, FURTHER, that nothing in this Section 4.05 shall prevent Casella or any of its Restricted Subsidiaries taken as a wholefrom discontinuing or disposing of any properties to the extent otherwise permitted by this Indenture.
(Bb) The Issuer will provide or Casella shall maintain, and shall cause to be provided, for itself and its Restricted SubsidiariesSubsidiaries to maintain, insurance (including appropriate self-insurance) with responsible carriers against loss or damage of the kinds customarily insured against by corporations similarly situated such risks and owning like properties, including, but not limited to, products liability insurance and public liability insurance, with reputable insurers, in such amounts, and with such deductibles deductibles, retentions, self-insured amounts and by such methods co-insurance provisions, as are customary for corporations similarly situated in the industry in which the Issuer customarily carried by similar businesses of similar size, including property and its Restricted Subsidiaries are then conducting businesscasualty loss, workers' compensation and interruption of business insurance.
Appears in 3 contracts
Samples: Indenture (Northern Sanitation Inc), Indenture (Casella Waste Systems Inc), Indenture (Kti Inc)
Maintenance of Properties and Insurance. (Aa) The Issuer will cause all material properties (other than immaterial properties) used or useful in the conduct of its business or the business of any of its Restricted Subsidiaries to be maintained and kept in good conditioncondition (subject to ordinary wear and tear), repair and working order as in the judgment of the Issuer may be necessary so that the business of the Issuer and its Restricted Subsidiaries may be properly and advantageously conducted at all times; provided, however, provided that nothing in this Section 4.15 shall prevent prevents the Issuer or any 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, in the judgment of the Issuer, desirable in the conduct of the business of the Issuer and its Restricted Subsidiaries taken as a whole.
(Bb) The Issuer will provide or cause to be provided, for itself and its Restricted Subsidiaries, insurance (including appropriate self-insurance) against loss or damage of the kinds customarily insured against by corporations similarly situated and owning like properties, including, but not limited to, products liability insurance and public liability insurance, with reputable insurers, in such amounts, with such deductibles and by such methods as are customary for corporations similarly situated in the industry in which the Issuer and its Restricted Subsidiaries are then conducting business.
Appears in 3 contracts
Samples: Indenture (Nuance Communications, Inc.), Indenture (Nuance Communications, Inc.), Indenture (Nuance Communications, Inc.)
Maintenance of Properties and Insurance. (A) The Issuer will Company and the Parent Guarantor jointly and severally agree that the Company and the Parent Guarantor shall cause all properties (other than immaterial properties) used or useful in the conduct of its their 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 will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Issuer Company and the Parent Guarantor may be necessary so that the business of the Issuer and its Restricted Subsidiaries carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, provided that nothing in this Section 4.15 shall prevent the Issuer Company, the Parent Guarantor or any 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, in the judgment of the IssuerCompany, the Parent Guarantor or such Restricted Subsidiary having managerial responsibility for any such property, desirable in the conduct of the business of the Issuer Company, the Parent Guarantor or such Restricted Subsidiary. The Company and its Restricted Subsidiaries taken as a whole.
(B) The Issuer will the Parent Guarantor jointly and severally agree that the Company and the Parent Guarantor shall provide or cause to be provided, for itself themselves and its the Restricted Subsidiaries, insurance (including appropriate self-insurance) against loss or damage of the kinds customarily insured against by corporations similarly situated and owning like properties, including, but not limited to, products liability insurance and public liability insurance, properties with reputable insurersinsurers 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 are customary for corporations similarly situated the Company and the Parent Guarantor in good faith shall determine to be reasonable and appropriate in the industry in which the Issuer and its Restricted Subsidiaries are then conducting businesscircumstances.
Appears in 3 contracts
Samples: Indenture (Time Warner Telecom Inc), Indenture (Time Warner Telecom Inc), Indenture (Time Warner Telecom Inc)
Maintenance of Properties and Insurance. (A) The Issuer Company will cause all properties (other than immaterial properties) used or useful in the conduct of its business or the business of any of its Restricted Subsidiaries 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 will cause to be made all necessary repairs, renewals and replacements thereof, all as in the judgment of the Issuer Company may be necessary so that the business of the Issuer and its Restricted Subsidiaries carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, PROVIDED that nothing in this Section SECTION 4.15 shall prevent the Issuer Company or any 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, in the judgment of the IssuerCompany, desirable in the conduct of the business of the Issuer and its Company or such Restricted Subsidiaries taken as a whole.
(B) Subsidiary. The Issuer Company will provide or cause to be provided, for itself and its Restricted Subsidiaries, insurance (including appropriate self-insurance) against loss or damage of the kinds customarily insured against by corporations similarly situated and owning like properties, including, but not limited to, products liability insurance and public liability insurance, with reputable insurersinsurers 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 are shall be customary for corporations similarly situated in the industry in which the Issuer and its Company or any such Restricted Subsidiaries are Subsidiary, as the case may be, is then conducting business.
Appears in 3 contracts
Samples: Indenture (Stone Container Finance CO of Canada II), Indenture (Jsce Inc), Indenture (Stone Container Corp)
Maintenance of Properties and Insurance. (Aa) The Issuer will shall cause all material properties (other than immaterial properties) owned by or leased by it or any of its Subsidiaries used or useful in to the conduct of its the Issuer’s business or the business of any of its Restricted 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 the its judgment of the Issuer may be necessary necessary, so that the business of the Issuer and its Restricted Subsidiaries carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that nothing in this Section 4.15 4.09(a) shall prevent the Issuer or any Restricted Subsidiary of its Subsidiaries from discontinuing the use, operation or maintenance of any of such properties properties, or disposing of any of them, if such discontinuance or disposal is, in the judgment of the IssuerBoard of Directors of the Issuer or of the Board of Directors of any Subsidiary of the Issuer concerned, or of an Officer (or other agent employed by the Issuer or of any of its Subsidiaries) of the Issuer or any of its Subsidiaries having managerial responsibility for any such property, desirable in the conduct of the business of the Issuer or any Subsidiary of the Issuer, and its Restricted Subsidiaries taken as a wholeif such discontinuance or disposal is not adverse in any material respect to the Holders.
(Bb) The Issuer will provide or shall maintain, and shall cause its respective Subsidiaries to be provided, for itself and its Restricted Subsidiariesmaintain, insurance (including appropriate self-insurance) with responsible carriers against loss or damage of the kinds customarily insured against by corporations similarly situated such risks and owning like properties, including, but not limited to, products liability insurance and public liability insurance, with reputable insurers, in such amounts, and with such deductibles deductibles, retentions, self-insured amounts and by such methods co-insurance provisions, as are customary for customarily carried by corporations similarly situated of a similar size operating assets of a similar nature in the industry in which the Issuer same or similar localities, including property and its Restricted Subsidiaries are then conducting businesscasualty loss, workers’ compensation and interruption of business insurance.
Appears in 3 contracts
Samples: Indenture (Basic Energy Services Inc), Indenture (Basic Energy Services Inc), Indenture (Basic Energy Services Inc)
Maintenance of Properties and Insurance. (Aa) The Issuer will Company shall cause all material properties (other than immaterial properties) used owned by or leased by it or any of its Restricted Subsidiaries useful in and necessary to the conduct of its business or the business of any of its Restricted Subsidiaries to be improved or maintained and kept in good normal condition, repair and working order and shall cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the its judgment of the Issuer may be necessary necessary, so that the business of the Issuer and its Restricted Subsidiaries carried on in connection therewith may be properly and advantageously conducted at all times; providedPROVIDED, howeverHOWEVER, that nothing in this Section 4.15 4.7 shall prevent the Issuer Company or any of its Restricted Subsidiary Subsidiaries from discontinuing the use, operation or maintenance of any of such properties properties, or disposing of any of them, if such discontinuance or disposal is, in the judgment of the IssuerBoard of Directors or of the board of directors of any Restricted Subsidiary of the Company concerned, or of an officer (or other agent employed by the Company 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 Issuer Company or any Restricted Subsidiary of the Company, and its Restricted Subsidiaries taken as a wholeif such discontinuance or disposal is not adverse in any material respect to the Holders.
(Bb) The Issuer will provide or To the extent available at commercially reasonable rates, the Company shall maintain, and shall cause its Subsidiaries to be provided, for itself and its Restricted Subsidiariesmaintain, insurance (including appropriate self-insurance) with responsible carriers against loss or damage of the kinds customarily insured against by corporations similarly situated such risks and owning like properties, including, but not limited to, products liability insurance and public liability insurance, with reputable insurers, in such amounts, and with such deductibles deductibles, retentions, self-insured amounts and by such methods co-insurance provisions, as are customary for corporations similarly situated in the industry in which the Issuer and its Restricted Subsidiaries are then conducting businesscustomarily carried by similar businesses of similar size.
Appears in 3 contracts
Samples: Dollar Indenture (MDCP Acquisitions I), Euro Indenture (MDCP Acquisitions I), Indenture (Preem Holdings Ab Publ)
Maintenance of Properties and Insurance. (A) The Issuer Company will cause all properties (other than immaterial properties) used or useful in the conduct 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 necessary equipment and will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Issuer Company may be necessary so that the business of the Issuer and its Restricted Subsidiaries carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, provided that nothing in this Section 4.15 shall prevent the Issuer Company or any Restricted such 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, in the judgment of the IssuerCompany, desirable in the conduct of the business of the Issuer Company or such Subsidiary or would not have a material adverse effect on the Company and its Restricted Subsidiaries Subsidiaries, taken as a whole.
(B) . The Issuer Company will provide or cause to be provided, for itself and its Restricted Subsidiaries, reasonably adequate insurance (including appropriate self-insurance) with respect to its properties and business against loss or damage of the kinds customarily insured against by corporations of established reputation engaged in the same or similar businesses similarly situated and owning like properties, including, but not limited to, products liability insurance of such types and public liability insurance, with reputable insurers, in such amounts, with such deductibles and by such methods as are shall be customary for corporations similarly situated in the industry in which the Issuer and its Company or such Restricted Subsidiaries are Subsidiary, as the case may be, is then conducting business, except to the extent that failure to carry or maintain any such insurance would not, singly or in the aggregate, have a material adverse effect on the condition, financial or otherwise, or the earnings, business or operations of the Company and its subsidiaries, taken as a whole.
Appears in 2 contracts
Samples: Indenture (Kansas City Southern), Indenture (TFM Sa De Cv)
Maintenance of Properties and Insurance. (Aa) The Issuer Company and Parent will cause all properties (other than immaterial properties) used or useful in the conduct of its business or the business of any of its Restricted Subsidiaries to be maintained and kept in good condition, repair and working order as in the judgment of the Issuer Company or Parent, as applicable may be necessary so that the business of the Issuer Company, Parent and its the Restricted Subsidiaries may be properly and advantageously conducted at all times; provided, however, provided that nothing in this Section 4.15 shall prevent prevents the Issuer Company, Parent or any 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, in the judgment of the IssuerCompany or Parent, as applicable, desirable in the conduct of the business of the Issuer Company, Parent and its the Restricted Subsidiaries taken as a whole.
(Bb) The Issuer will Company and Parent shall provide or cause to be provided, for itself themselves and its the Restricted Subsidiaries, insurance (including appropriate self-insurance) against loss or damage of the kinds customarily insured against by corporations similarly situated in the industry in which the Company, Parent and the Restricted Subsidiaries are then conducting business and owning like properties, including, but not limited to, products liability insurance and public liability insurance, with reputable insurers, in such amounts, with such deductibles and by such methods as are customary for corporations similarly situated in the industry in which the Issuer Company, Parent and its the Restricted Subsidiaries are then conducting business; provided that none of the Company, Parent nor the Restricted Subsidiaries shall be required to maintain business interruption insurance.
Appears in 2 contracts
Samples: Indenture (GeoPark LTD), Indenture (GeoPark Holdings LTD)
Maintenance of Properties and Insurance. (A) The Issuer Company will cause all properties (other than immaterial properties) used or useful in the conduct of its business or the business of any of its Restricted Subsidiaries to be maintained and kept in good condition, repair and working order and supplied with all necessary equipment and will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Issuer Company may be necessary so that the business of the Issuer and its Restricted Subsidiaries carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, PROVIDED that nothing in this Section 4.15 shall prevent the Issuer Company or any Restricted Subsidiary from omitting to take such action or discontinuing the use, operation or maintenance of any of such properties or disposing of any of them, if such omission, discontinuance or disposal is, in the judgment of the IssuerCompany, desirable in the conduct of the business of the Issuer and its Company or such Restricted Subsidiaries taken as a whole.
(B) Subsidiary. The Issuer Company will provide or cause to be provided, for itself and its Restricted Subsidiaries, insurance (including appropriate self-insurance) against loss or damage of the kinds customarily insured against by corporations similarly situated and owning like properties, including, but not limited to, products liability insurance and public liability insurance, with reputable insurers, in such amounts, with such deductibles and by such methods as are shall be customary for corporations similarly situated in the industry in which the Issuer and its Company or any such Restricted Subsidiaries are Subsidiary, as the case may be, is then conducting business; PROVIDED that in the judgment of the Company such insurance is available to the Company on commercially reasonable terms and is desirable.
Appears in 2 contracts
Samples: Indenture (Carrier1 International S A), Indenture (Carrier1 International S A)
Maintenance of Properties and Insurance. (Aa) The Issuer will Company shall cause all material properties (other than immaterial properties) owned by or leased by it or any of the Restricted Subsidiaries used or useful in the conduct of its business or the business of any of its the Restricted Subsidiaries to be improved or maintained and kept in good normal 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 the its judgment of the Issuer may be necessary necessary, so that the business of the Issuer and its Restricted Subsidiaries carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that nothing in this Section 4.15 4.07 shall prevent the Issuer Company or any of the Restricted Subsidiary Subsidiaries from discontinuing the use, operation or maintenance of any of such properties properties, or disposing of any of them, if such discontinuance or disposal is, in the judgment of the IssuerBoard of Directors of the Company or of the Board of Directors of any Restricted Subsidiary, or of an officer (or other agent employed by the Company or of any of the Restricted 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 Issuer Company or any Restricted Subsidiary, and its Restricted Subsidiaries taken as a wholeif such discontinuance or disposal is not adverse in any material respect to the Holders.
(Bb) The Issuer will provide or Company shall maintain, and shall cause the Restricted Subsidiaries to be provided, for itself and its Restricted Subsidiariesmaintain, insurance (including appropriate self-insurance) with responsible carriers against loss or damage of the kinds customarily insured against by corporations similarly situated such risks and owning like properties, including, but not limited to, products liability insurance and public liability insurance, with reputable insurers, in such amounts, and with such deductibles deductibles, retentions, self-insured amounts and by such methods co-insurance provisions, as are customary for corporations similarly situated in the industry in which the Issuer customarily carried by similar businesses of similar size, including property and its Restricted Subsidiaries are then conducting businesscasualty loss, workers' compensation and interruption of business insurance.
Appears in 2 contracts
Samples: Indenture (Tenneco Automotive Inc), Indenture (Tenneco Automotive Inc)
Maintenance of Properties and Insurance. (Aa) The Issuer will Subject to Article V, the Company shall cause all material properties (other than immaterial properties) owned by or leased to it or any of its Subsidiaries and used or useful in the conduct of its business or the business of any of its Restricted 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 the judgment of the Issuer Company may be necessary necessary, so that the business of the Issuer and its Restricted Subsidiaries carried on in connection therewith may be properly and advantageously conducted at all times; providedPROVIDED, howeverHOWEVER, that nothing in this Section 4.15 4.11 shall prevent the Issuer Company or any Restricted Subsidiary of its Subsidiaries from discontinuing the use, operation or maintenance of any of such properties properties, or disposing of any of them, if such discontinuance or disposal is, in the judgment of the IssuerBoard of Directors of the Company or such Subsidiary concerned, or of an Officer (or other agent employed by the Company or of any such Subsidiary) of the Company or such Subsidiary having managerial responsibility for any such property, desirable in the conduct of the business of the Issuer Company or any such Subsidiary of the Company, and its Restricted Subsidiaries taken as a wholeif such discontinuance or disposal is not adverse in any material respect to the Holders.
(Bb) The Issuer Company will provide maintain, and will cause each of its Subsidiaries to maintain (either in the name of the Company or cause to be providedin such Subsidiary's own name), for itself and its Restricted Subsidiarieswith responsible carriers, insurance (including appropriate self-insurance) against loss or damage of the kinds customarily insured against by corporations similarly situated such risks and owning like properties, including, but not limited to, products liability insurance and public liability insurance, with reputable insurers, in such amounts, and with such deductibles deductibles, retentions, self-insured amounts and by such methods co-insurance provisions, as are customary for corporations similarly situated customarily carried by similar businesses or similar size, including property and casualty loss, workers' compensation, and interruption of business insurance, and as otherwise may be necessary in the industry in which judgment of the Issuer and its Restricted Subsidiaries are then conducting businessCompany.
Appears in 2 contracts
Samples: Indenture (Cadmus Communications Corp/New), Indenture (Cadmus Communications Corp/New)
Maintenance of Properties and Insurance. (Aa) The Issuer will Company and the Guarantor shall cause all material properties (other than immaterial properties) owned by or leased to either of them or any Restricted Subsidiary and used or useful in the conduct of its their business or the business of any of its Restricted Subsidiaries Subsidiary 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 the judgment of the Issuer Company or the Guarantor may be necessary necessary, so that the business of the Issuer and its Restricted Subsidiaries carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that nothing in this Section 4.15 4.10 shall prevent the Issuer Company, the Guarantor or any Restricted Subsidiary from discontinuing the use, operation or maintenance of any of such properties properties, or disposing of any of them, if such discontinuance or disposal is, in the judgment of the IssuerBoard of Di- rectors or of the board of directors of the Guarantor or Restricted Subsidiary concerned, or of an officer (or other agent employed by the Company, the Guarantor or any Restricted Subsidiary) of the Company, the Guarantor or such Restricted Subsidiary having managerial responsibility for any such property, desirable in the conduct of the business of the Issuer Company, the Guarantor or any Restricted Subsidiary, and its Restricted Subsidiaries taken as a wholeif such discontinuance or disposal is not adverse in any material respect to the Holders.
(Bb) The Issuer will provide or Company and the Guarantor shall maintain, and shall cause the Restricted Subsidiaries to be provided, for itself and its Restricted Subsidiariesmaintain, insurance (including appropriate self-insurance) with responsible carriers against loss or damage of the kinds customarily insured against by corporations similarly situated such risks and owning like properties, including, but not limited to, products liability insurance and public liability insurance, with reputable insurers, in such amounts, and with such deductibles deductibles, retentions, self-insured amounts and by such methods co-insurance provisions, as are customary for corporations similarly situated in the industry in which the Issuer customarily carried by similar businesses of similar size, including property and its Restricted Subsidiaries are then conducting businesscasualty loss, and workers' compensation insurance.
Appears in 1 contract
Maintenance of Properties and Insurance. (Aa) The Issuer will cause all properties (other than immaterial properties) used or useful in the conduct of its business or the business of any of its Restricted Subsidiaries to be maintained and kept in good condition, repair and working order as in the judgment of the Issuer Issuer, as applicable may be necessary so that the business of the Issuer and its the Restricted Subsidiaries may be properly and advantageously conducted at all times; provided, however, provided that nothing in this Section 4.15 shall prevent prevents the Issuer or any 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, in the judgment of the Issuer, as applicable, desirable in the conduct of the business of the Issuer and its the Restricted Subsidiaries taken as a whole.
(Bb) The Issuer will shall provide or cause to be provided, for itself themselves and its the Restricted Subsidiaries, insurance (including appropriate self-insurance) against loss or damage of the kinds customarily insured against by corporations similarly situated in the industry in which the Issuer and the Restricted Subsidiaries are then conducting business and owning like properties, including, but not limited to, products liability insurance and public liability insurance, with reputable insurers, in such amounts, with such deductibles and by such methods as are customary for corporations similarly situated in the industry in which the Issuer and its the Restricted Subsidiaries are then conducting business; provided that none of the Issuer nor the Restricted Subsidiaries shall be required to maintain business interruption insurance.
Appears in 1 contract
Samples: Indenture (GeoPark LTD)
Maintenance of Properties and Insurance. (Aa) The Issuer will Company shall cause all material properties (other than immaterial properties) used owned by or leased by it or any of the Restricted Subsidiaries useful in and necessary to the conduct 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 shall cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the its judgment of the Issuer may be necessary necessary, so that the business of the Issuer and its Restricted Subsidiaries carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that nothing in this Section 4.15 4.4 shall prevent the Issuer Company or any of the Restricted Subsidiary Subsidiaries from discontinuing the use, operation or maintenance of any of such properties properties, or disposing of any of them, if such discontinuance or disposal is, in the judgment of the IssuerBoard of Directors of the Company or the Restricted Subsidiary so concerned, or of an officer (or other agent employed by the Company or of the Restricted Subsidiary so concerned) of the Company or a Restricted Subsidiary having managerial responsibility for any such properties or amounts, desirable in the conduct of the business of the Issuer Company or such Restricted Subsidiary of the Company, and its Restricted Subsidiaries taken as a wholeif such discontinuance or disposal is not adverse in any material respect to the Holders.
(Bb) The Issuer will provide or To the extent available at commercially reasonable rates, the Company shall maintain, and shall cause to be provided, for itself and its the Restricted Subsidiaries, to the extent such Restricted Subsidiaries maintain operations, to maintain, insurance (including appropriate self-insurance) with responsible carriers against loss or damage of the kinds customarily insured against by corporations similarly situated such risks and owning like properties, including, but not limited to, products liability insurance and public liability insurance, with reputable insurers, in such amounts, and with such deductibles deductibles, retentions, self-insured amounts and by such methods co-insurance provisions, as are customary for corporations similarly situated in the industry in which the Issuer and its Restricted Subsidiaries are then conducting businesscustomarily carried by similar businesses, of similar size.
Appears in 1 contract
Samples: Indenture (R&b Falcon Corp)
Maintenance of Properties and Insurance. (A) The Issuer Guarantor will cause all properties (other than immaterial properties) used or useful in the conduct of its business or the business of any of its Restricted Subsidiaries to be maintained and kept in good condition, condition repair and working order (reasonable wear and tear excepted) and supplied with all necessary equipment and will cause to be made all necessary repairs renewals replacements, betterments and improvements thereof all as in the judgment of the Issuer Guarantor may be necessary so that the business of the Issuer and its Restricted Subsidiaries carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, provided that nothing in this Section 4.15 shall prevent the Issuer Guarantor or any Restricted such 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 judgment of the IssuerGuarantor, desirable in the conduct of the business of the Issuer Guarantor or such Subsidiary or would not have a material adverse effect on the Guarantor and its Restricted Subsidiaries Subsidiaries, taken as a whole.
(B) . The Issuer Guarantor will provide or cause to be provided, for itself and its Restricted Subsidiaries, reasonably adequate insurance (including appropriate self-insurance) with respect to its properties and business against loss or damage of the kinds customarily insured against by corporations of established reputation engaged in the same or similar businesses similarly situated and owning like properties, including, but not limited to, products liability insurance of such types and public liability insurance, with reputable insurers, in such amounts, with such deductibles and by such methods as are shall be customary for corporations similarly situated in the industry in which the Issuer and its Guarantor or such Restricted Subsidiaries are Subsidiary, as the case may be, is then conducting business, except to the extent that failure to carry or maintain any such insurance would not, singly or in the aggregate, have a material adverse effect on the condition, financial or otherwise, or the earnings, business or operations of the Guarantor and its subsidiaries, taken as a whole.
Appears in 1 contract
Maintenance of Properties and Insurance. (Aa) The Issuer will and Holdings shall each cause all material properties (other than immaterial properties) owned by or leased by it or any of their Subsidiaries used or useful in to the conduct of its the Issuer’s business or the business of any of its Restricted their 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 the its judgment of the Issuer may be necessary necessary, so that the business of the Issuer and its Restricted Subsidiaries carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that nothing in this Section 4.15 4.22 shall prevent the Issuer Issuer, Holdings or any Restricted Subsidiary of their respective Subsidiaries from discontinuing the use, operation or maintenance of any of such properties properties, or disposing of any of them, if such discontinuance or disposal is, in the judgment of the Board of Directors of the Issuer or of the Board of Directors of Holdings or the Board of Directors of any of their respective Subsidiaries concerned, or of an officer (or other agent employed by Issuer, Holdings or of any of their respective Subsidiaries) of the Issuer, Holdings or any of their respective Subsidiaries having managerial responsibility for any such property, desirable in the conduct of the business of the Issuer Issuer, Holdings or any of their respective Subsidiaries, and its Restricted Subsidiaries taken as a wholeif such discontinuance or disposal is not adverse in any material respect to the Holders.
(Bb) The Issuer will provide or and Holdings shall each maintain, and shall cause each of their respective Subsidiaries to be provided, for itself and its Restricted Subsidiariesmaintain, insurance (including appropriate self-insurance) with responsible carriers against loss or damage of the kinds customarily insured against by corporations similarly situated such risks and owning like properties, including, but not limited to, products liability insurance and public liability insurance, with reputable insurers, in such amounts, and with such deductibles deductibles, retentions, self-insured amounts and by such methods co-insurance provisions, as are customary for corporations similarly situated in the industry in which the Issuer customarily carried by similar businesses of similar size, including property and its Restricted Subsidiaries are then conducting businesscasualty loss, workers’ compensation and interruption of business insurance.
Appears in 1 contract
Maintenance of Properties and Insurance. (A1) The Issuer will Guarantor shall cause all material properties (other than immaterial properties) owned by or leased by it or any of the Restricted Subsidiaries used or useful in the conduct of its business or the business of any of its the Restricted Subsidiaries to be improved or maintained and kept in good normal 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 the its judgment of the Issuer may be necessary necessary, so that the business of the Issuer and its Restricted Subsidiaries carried on in connection therewith may be properly and advantageously conducted at all times; providedPROVIDED, howeverHOWEVER, that nothing in this Section 4.15 4.07 shall prevent the Issuer Guarantor or any of the Restricted Subsidiary Subsidiaries from discontinuing the use, operation or maintenance of any of such properties properties, or disposing of any of them, if such discontinuance or disposal is, in the judgment of the IssuerBoard of Directors of the Guarantor or of the Board of Directors of any Restricted Subsidiary, or of an officer (or other agent employed by the Guarantor or of any of the Restricted Subsidiaries) of the Guarantor or any of its Restricted Subsidiaries having managerial responsibility for any such property, desirable in the conduct of the business of the Issuer Guarantor or any Restricted Subsidiary, and its Restricted Subsidiaries taken as a wholeif such discontinuance or disposal is not adverse in any material respect to the Holders.
(B2) The Issuer will provide or Guarantor shall maintain, and shall cause the Restricted Subsidiaries to be provided, for itself and its Restricted Subsidiariesmaintain, insurance (including appropriate self-insurance) with responsible carriers against loss or damage of the kinds customarily insured against by corporations similarly situated such risks and owning like properties, including, but not limited to, products liability insurance and public liability insurance, with reputable insurers, in such amounts, and with such deductibles deductibles, retentions, self-insured amounts and by such methods co-insurance provisions, as are customary for corporations similarly situated in the industry in which the Issuer customarily carried by similar businesses of similar size, including property and its Restricted Subsidiaries are then conducting businesscasualty loss, workers' compensation and interruption of business insurance.
Appears in 1 contract
Maintenance of Properties and Insurance. (A) The Issuer will Guarantor shall cause all properties (other than immaterial properties) used or useful in the conduct of its business or the business of any of its Restricted Subsidiaries Subsidiaries, to be maintained and kept in good condition, repair and working order and supplied with all necessary equipment and will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Issuer Guarantor may be necessary so that the business of the Issuer and its Restricted Subsidiaries carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, provided that nothing in this Section 4.15 Subsection 11(b)(12) shall prevent the Issuer Guarantor or any such Restricted Subsidiary from discontinuing the use, operation or maintenance of any of such properties or disposing of on any of them, if such discontinuance or disposal is, in the judgment of the IssuerGuarantor, desirable in the conduct of the business of the Issuer and its Guarantor or such Restricted Subsidiaries taken as a whole.
(B) Subsidiary. The Issuer will Guarantor shall provide or cause to be provided, for itself and its Restricted Subsidiaries, insurance (including appropriate self-insurance) against loss or damage of the kinds customarily insured against by corporations similarly situated and owning like properties, including, but not limited to, products liability insurance and public liability insurance, with reputable insurersinsurers 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 are shall be customary for corporations similarly situated in the industry in which the Issuer and its Guarantor or such Restricted Subsidiaries are Subsidiary, as the case may be, is then conducting business.
Appears in 1 contract
Maintenance of Properties and Insurance. (A) The Issuer Company will cause all properties (other than immaterial properties) used or useful in the conduct of its business or the business of any of its Restricted Subsidiaries Subsidiaries, to be maintained and kept in good condition, repair and working order and supplied with all necessary equipment and will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Issuer Company may be necessary so that the business of the Issuer and its Restricted Subsidiaries carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, provided that nothing in this Section 4.15 shall prevent the Issuer 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, in the judgment of the IssuerCompany, desirable in the conduct of the business of the Issuer and its Company or such Restricted Subsidiaries taken as a whole.
(B) Subsidiary. The Issuer Company will provide or cause to be provided, for itself and its Restricted Subsidiaries, insurance (including appropriate self-insurance) against loss or damage of the kinds customarily insured against by corporations similarly situated and owning like properties, including, but not limited to, products liability insurance and public liability insurance, with reputable insurers, in such amounts, with such deductibles and by such methods as are shall be customary for corporations businesses similarly situated in the industry in which the Issuer and its Company or such Restricted Subsidiaries are Subsidiary, as the case may be, is then conducting business.
Appears in 1 contract
Samples: Indenture (Comple Tel LLC)
Maintenance of Properties and Insurance. (A1) The Issuer will Company shall cause all material properties (other than immaterial properties) owned by or leased by it or any of the Restricted Subsidiaries used or useful in the conduct of its business or the business of any of its the Restricted Subsidiaries to be improved or maintained and kept in good normal 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 the its judgment of the Issuer may be necessary necessary, so that the business of the Issuer and its Restricted Subsidiaries carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that nothing in this Section 4.15 4.07 shall prevent the Issuer Company or any of the Restricted Subsidiary Subsidiaries from discontinuing the use, operation or maintenance of any of such properties properties, or disposing of any of them, if such discontinuance or disposal is, in the judgment of the IssuerBoard of Directors of the Company or of the Board of Directors of any Restricted Subsidiary, or of an officer (or other agent employed by the Company or of any of the Restricted 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 Issuer Company or any Restricted 87 -77- Subsidiary, and its Restricted Subsidiaries taken as a wholeif such discontinuance or disposal is not adverse in any material respect to the Holders.
(B2) The Issuer will provide or Company shall maintain, and shall cause the Restricted Subsidiaries to be provided, for itself and its Restricted Subsidiariesmaintain, insurance (including appropriate self-insurance) with responsible carriers against loss or damage of the kinds customarily insured against by corporations similarly situated such risks and owning like properties, including, but not limited to, products liability insurance and public liability insurance, with reputable insurers, in such amounts, and with such deductibles deductibles, retentions, self-insured amounts and by such methods co-insurance provisions, as are customary for corporations similarly situated in the industry in which the Issuer customarily carried by similar businesses of similar size, including property and its Restricted Subsidiaries are then conducting businesscasualty loss, workers' compensation and interruption of business insurance.
Appears in 1 contract
Samples: Indenture (Tenneco Automotive Inc)
Maintenance of Properties and Insurance. (Aa) The Issuer will Seven Seas shall cause all properties (other than immaterial properties) used material Properties owned by or leased by it or any of its Subsidiaries useful in and necessary to the conduct of its business or the business of any of its Restricted Subsidiaries to be improved or maintained and kept in good normal condition, repair and working order and shall cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the its judgment of the Issuer may be necessary necessary, so that the business of the Issuer and its Restricted Subsidiaries carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that nothing in this Section 4.15 4.4 shall prevent the Issuer Seven Seas or any Restricted Subsidiary of its Subsidiaries from discontinuing the use, operation or maintenance of any of such properties Properties, or disposing of any of them, if such discontinuance or disposal is, in the judgment of the IssuerBoard of Directors or of the board of directors of any Subsidiary of Seven Seas concerned, or of an officer (or other agent employed by Seven Seas or of any of its Subsidiaries) of Seven Seas or any of its Subsidiaries having managerial responsibility for any such property, desirable in the conduct of the business of Seven Seas or any Subsidiary of Seven Seas, and if such discontinuance or disposal is not adverse in any material respect to the Issuer Holders as determined by the Board of Directors or such board, officer or agent and its Restricted Subsidiaries taken as a wholeevidenced in an Officer's Certificate delivered to the Trustee.
(Bb) The Issuer will provide or To the extent available at commercially reasonable rates, Seven Seas shall maintain, and shall cause to be provided, for itself and its Restricted Subsidiaries, to the extent such Subsidiaries maintain operations, to maintain, insurance (including appropriate self-insurance) with responsible carriers against loss or damage of the kinds customarily insured against by corporations similarly situated such risks and owning like properties, including, but not limited to, products liability insurance and public liability insurance, with reputable insurers, in such amounts, and with such deductibles deductibles, retentions, self-insured amounts and by such methods co-insurance provisions, as are customary for corporations similarly situated in the industry in which the Issuer and its Restricted Subsidiaries are then conducting businesscustomarily carried by similar businesses of similar size.
Appears in 1 contract
Samples: Indenture (Seven Seas Petroleum Inc)
Maintenance of Properties and Insurance. (A) The Issuer Company will ----------------------------------------- cause all properties (other than immaterial properties) used or useful in the conduct of its business or the business of any of its Restricted Subsidiaries Subsidiaries, to be maintained and kept in good condition, repair and working order (ordinary wear and tear excepted) and supplied with all necessary equipment and will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Issuer Company may be necessary so that the business of the Issuer and its Restricted Subsidiaries carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, provided that nothing in this Section 4.15 shall prevent the Issuer 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, in the judgment of the IssuerCompany, desirable in the conduct of the business of the Issuer Company or such Restricted Subsidiary or would not have a material adverse effect on the Company and its Restricted Subsidiaries Subsidiaries, taken as a whole.
(B) . The Issuer Company will provide or cause to be provided, for itself and its Restricted Subsidiaries, insurance (including appropriate self-insurance) against loss or damage of the kinds customarily insured against by corporations similarly situated and owning like properties, including, but not limited to, products liability insurance and public liability insurance, with reputable insurersinsurers 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 are shall be customary for corporations similarly situated in the industry in which the Issuer and its Company or such Restricted Subsidiaries are Subsidiary, as the case may be, is then conducting business.
Appears in 1 contract
Samples: Indenture (Silgan Holdings Inc)
Maintenance of Properties and Insurance. (Aa) The Issuer Guarantor will cause all properties (other than immaterial properties) used or useful in the conduct of its business or the business of any of its Restricted Subsidiaries to be maintained and kept in good condition, repair and working order as in the judgment of the Issuer Guarantor may be necessary so that the business of the Issuer Guarantor and its Restricted Subsidiaries may be properly and advantageously conducted at all times; provided, however, provided that nothing in this Section 4.15 shall prevent prevents the Issuer Guarantor or any 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, in the judgment of the IssuerGuarantor, desirable in the conduct of the business of the Issuer Guarantor and its Restricted Subsidiaries taken as a whole, and provided, further, that such discontinuation of operations or suspension of maintenance shall not be materially disadvantageous to the Holders of the Notes.
(Bb) The Issuer Company will provide or cause to be provided, for itself and its Restricted Subsidiaries, insurance (including appropriate self-insurance) against loss or damage of the kinds customarily insured against by Brazilian corporations similarly situated and owning like properties, including, but not limited to, products liability insurance and public liability insurance, properties with reputable insurers, in such amounts, with such deductibles and by such methods as are customary for Brazilian corporations similarly situated in the industry in which the Issuer Company and its Restricted Subsidiaries are then conducting business.
Appears in 1 contract
Samples: Indenture (Cosan Ltd.)
Maintenance of Properties and Insurance. (Aa) The Issuer will Company shall cause all material properties (other than immaterial properties) owned by or leased to it or any Restricted Subsidiary and used or useful in the conduct of its business or the business of any of its Restricted Subsidiaries Subsidiary to be maintained and kept in good normal condition, repair and working order order, normal and tear excepted, and supplied with all necessary equipment and shall cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Issuer Company may be necessary necessary, so that the business of the Issuer and its Restricted Subsidiaries carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that nothing in this Section 4.15 4.10 shall prevent the Issuer Company or any Restricted Subsidiary from discontinuing the use, operation or maintenance of any of such properties properties, or disposing of any of them, if such discontinuance or disposal is, in the judgment of the IssuerBoard of Directors or of the board of directors of the Restricted Subsidiary concerned, or of an officer (or other agent employed by the Company or of any Restricted Subsidiary) of the Company or such Restricted Subsidiary having managerial responsibility for any such property, desirable in the conduct of the business of the Issuer Company or any Restricted Subsidiary, and its Restricted Subsidiaries taken as a wholeif such discontinuance or disposal is not adverse in any material respect to the Holders.
(Bb) The Issuer will provide or Company shall maintain, and shall cause the Restricted Subsidiaries to be provided, for itself and its Restricted Subsidiariesmaintain, insurance (including appropriate self-insurance) with responsible carriers against loss or damage of the kinds customarily insured against by corporations similarly situated such risks and owning like properties, including, but not limited to, products liability insurance and public liability insurance, with reputable insurers, in such amounts, and with such deductibles deductibles, retentions, self-insured amounts and by such methods co-insurance provisions, as are customary for corporations similarly situated in customarily carried by similar businesses of similar size, including property and casualty loss, and workers' compensation insurance. Anything contained herein to the industry in which contrary notwithstanding, the Issuer and its Restricted Subsidiaries are then conducting businessCompany shall not be required to obtain business interruption insurance.
Appears in 1 contract
Samples: Indenture (Digital Television Services of Kansas LLC)
Maintenance of Properties and Insurance. (Aa) The Issuer will Subject to Article V, Cadmus shall cause all material properties (other than immaterial properties) owned by or leased to it or any of its Subsidiaries and used or useful in the conduct of its business or the business of any of its Restricted 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 the judgment of the Issuer Cadmus may be necessary necessary, so that the business of the Issuer and its Restricted Subsidiaries carried on in connection therewith may be properly and advantageously conducted at all times; providedPROVIDED, howeverHOWEVER, that nothing in this Section 4.15 4.11 shall prevent the Issuer Cadmus or any Restricted Subsidiary of its Subsidiaries from discontinuing the use, operation or maintenance of any of such properties properties, or disposing of any of them, if such discontinuance or disposal is, in the judgment of the IssuerBoard of Directors of Cadmus or such Subsidiary concerned, or of an Officer (or other agent employed by Cadmus or of any such Subsidiary) of Cadmus or such Subsidiary having managerial responsibility for any such property, desirable in the conduct of the business of Cadmus or any such Subsidiary of Cadmus, and if such discontinuance or disposal is not adverse in any material respect to the Issuer and its Restricted Subsidiaries taken as a wholeHolders.
(Bb) The Issuer Cadmus will provide maintain, and will cause each of its Subsidiaries to maintain (either in the name of Cadmus or cause to be providedin such Subsidiary's own name), for itself and its Restricted Subsidiarieswith responsible carriers, insurance (including appropriate self-insurance) against loss or damage of the kinds customarily insured against by corporations similarly situated such risks and owning like properties, including, but not limited to, products liability insurance and public liability insurance, with reputable insurers, in such amounts, and with such deductibles deductibles, retentions, self-insured amounts and by such methods co-insurance provisions, as are customary for corporations similarly situated customarily carried by similar businesses or similar size, including property and casualty loss, workers' compensation, and interruption of business insurance, and as otherwise may be necessary in the industry in which the Issuer and its Restricted Subsidiaries are then conducting businessjudgment of Cadmus.
Appears in 1 contract
Maintenance of Properties and Insurance. (Aa) The Issuer will cause all properties (other than immaterial properties) used or useful in the conduct of its business or the business of any of its Restricted Subsidiaries to be maintained and kept in good condition, repair and working order as in the judgment of the Issuer Issuer, as applicable may be necessary so that the business of the Issuer and its the Restricted Subsidiaries may be properly and advantageously conducted at all times; provided, however, provided that nothing in this Section 4.15 shall prevent prevents the Issuer or any 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, in the judgment of the Issuer, as applicable, desirable in the conduct of the business of the Issuer and its the Restricted Subsidiaries taken as a whole.
(Bb) The Issuer will shall provide or cause to be provided, for itself and its the Restricted Subsidiaries, insurance (including appropriate self-insurance) against loss or damage of the kinds customarily insured against by corporations similarly situated in the industry in which the Issuer and the Restricted Subsidiaries are then conducting business and owning like properties, including, but not limited to, products liability insurance and public liability insurance, with reputable insurers, in such amounts, with such deductibles and by such methods as are customary for corporations similarly situated in the industry in which the Issuer and its the Restricted Subsidiaries are then conducting business; provided that none of the Issuer nor the Restricted Subsidiaries shall be required to maintain business interruption insurance.
Appears in 1 contract
Samples: Indenture (GeoPark LTD)
Maintenance of Properties and Insurance. (Aa) The Issuer will Company shall cause all material properties (other than immaterial properties) owned by, or leased to, it or any Restricted Subsidiary and used or useful in the conduct of its business or the business of any of its such Restricted Subsidiaries Subsidiary to be maintained and kept in good normal condition, repair and working order order, reasonable wear and tear, acts of God and (subject to Section 4.19(b)) uninsured casualties excepted, and supplied with all necessary equipment and shall cause to be made all reasonable repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Issuer Company or such Restricted Subsidiary may be necessary so that the business of the Issuer and its Restricted Subsidiaries carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, provided that nothing in this Section 4.15 4.19 shall prevent the Issuer Company or any Restricted Subsidiary from discontinuing the use, operation or maintenance of any of such properties or disposing of any of themproperties, if such discontinuance or disposal is, in the judgment of the IssuerBoard of Directors of the Company or such Restricted Subsidiary, or of any officer (or other agent employed by the Company or any such Restricted Subsidiary) of the Company or such Restricted Subsidiary having managerial responsibility for any such property, desirable in the conduct of the business of the Issuer Company or such Restricted Subsidiary and its Restricted Subsidiaries taken as a wholeif such discontinuance is not adverse in any material respect to the Securityholders.
(Bb) The Issuer will Company shall provide or cause to be provided, for itself and its any Restricted SubsidiariesSubsidiaries of the Company, insurance (including appropriate self-or self insurance) against loss or damage of the kinds customarily insured against by corporations similarly situated and owning like properties, including, but not limited to, products liability insurance and public liability insurance, with reputable insurers, insurers in such amounts, amounts with such deductibles and by such methods as are shall be customary for corporations similarly situated in the industry in which the Issuer and its Restricted Subsidiaries are then conducting businesssituated.
Appears in 1 contract
Samples: Indenture (Associated Materials Inc)
Maintenance of Properties and Insurance. (A) The Issuer Company --------------------------------------- will cause all properties (other than immaterial properties) used or useful in the conduct of its business or the business of any of its Restricted Subsidiaries Subsidiaries, to be maintained and kept in good condition, repair and working order and supplied with all necessary equipment and will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Issuer Company may be necessary so that the business of the Issuer and its Restricted Subsidiaries carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, provided that nothing in this Section 4.15 shall prevent the Issuer 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, in the judgment of the IssuerCompany, desirable in the conduct of the business of the Issuer and its Company or such Restricted Subsidiaries taken as a whole.
(B) Subsidiary. The Issuer Company will provide or cause to be provided, for itself and its Restricted Subsidiaries, insurance (including appropriate self-insurance) against loss or damage of the kinds customarily insured against by corporations similarly situated and owning like properties, including, but not limited to, products liability insurance and public liability insurance, with reputable insurers, in such amounts, with such deductibles and by such methods as are shall be customary for corporations businesses similarly situated in the industry in which the Issuer and its Company or such Restricted Subsidiaries are Subsidiary, as the case may be, is then conducting business.
Appears in 1 contract
Samples: Indenture (Comple Tel Europe Nv)
Maintenance of Properties and Insurance. (Aa) The Issuer will Subject to Article Five, the Company shall cause all material properties (other than immaterial properties) owned by or leased to it or any of its Subsidiaries and used or useful in the conduct of its the Company's business or the business of any of its Restricted Subsidiaries to be maintained and kept in good normal 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 the judgment of the Issuer Company may be necessary necessary, so that the business of the Issuer and its Restricted Subsidiaries carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that nothing in this Section 4.15 4.10 shall prevent the Issuer Company or any Restricted Subsidiary of its Subsidiaries from discontinuing the use, operation or maintenance of any of such properties properties, or disposing of any of them, if such discontinuance or disposal is, in the judgment of the IssuerBoard of Directors of the Company or such Subsidiary of the Company concerned, or of an Officer (or other agent employed by the Company or such Subsidiary) of the Company or such Subsidiary having managerial responsibility for any such property, desirable in the conduct of the business of the Issuer Company or such Subsidiary of the Company, and its Restricted Subsidiaries taken as a wholeif such discontinuance or disposal is not adverse in any material respect to the Holders.
(Bb) The Issuer will provide or Company shall maintain, and shall cause each of its Subsidiaries to be provided, for itself and its Restricted Subsidiariesmaintain, insurance (including appropriate self-insurance) with responsible carriers against loss or damage of the kinds customarily insured against by corporations similarly situated such risks and owning like properties, including, but not limited to, products liability insurance and public liability insurance, with reputable insurers, in such amounts, and with such deductibles deductibles, retentions, self-insured amounts and by such methods co-insurance provisions as are customary for corporations similarly situated customarily carried by similar businesses of similar size, including property and casualty loss, workers' compensation, and interruption of business insurance, and as otherwise may be necessary in the industry in which judgment of the Issuer and its Restricted Subsidiaries are then conducting businessCompany.
Appears in 1 contract
Maintenance of Properties and Insurance. (Aa) The Issuer will Company and the Guarantors shall cause all material properties (other than immaterial properties) owned by or leased to any of them or any Restricted Subsidiary and used or useful in the conduct of its their business or the business of any of its Restricted Subsidiaries Subsidiary 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 the judgment of the Issuer Company or the Guarantors may be necessary necessary, so that the business of the Issuer and its Restricted Subsidiaries carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that nothing in this Section 4.15 4.10 shall prevent the Issuer Company, any Guarantor or any Restricted Subsidiary from discontinuing the use, operation or maintenance of any of such properties properties, or disposing of any of them, if such discontinuance or disposal is, in the judgment of the IssuerBoard of Directors or of the board of directors of any Guarantor or Restricted Subsidiary concerned, or of an officer (or other agent employed by the Company, any Guarantor or any Restricted Subsidiary) of the Company, such Guarantor or such Restricted Subsidiary having managerial responsibility for any such property, desirable in the conduct of the business of the Issuer Company, any Guarantor or any Restricted Subsidiary, and its Restricted Subsidiaries taken as a wholeif such discontinuance or disposal is not adverse in any material respect to the Holders.
(Bb) The Issuer will provide or Company and the Guarantors shall maintain, and shall cause the Restricted Subsidiaries to be provided, for itself and its Restricted Subsidiariesmaintain, insurance (including appropriate self-insurance) with responsible carriers against loss or damage of the kinds customarily insured against by corporations similarly situated such risks and owning like properties, including, but not limited to, products liability insurance and public liability insurance, with reputable insurers, in such amounts, and with such deductibles deductibles, retentions, self-insured amounts and by such methods co-insurance provisions, as are customary for corporations similarly situated in the industry in which the Issuer customarily carried by similar businesses of similar size, including property and its Restricted Subsidiaries are then conducting businesscasualty loss, and workers' compensation insurance.
Appears in 1 contract
Samples: Indenture (Carson Products Co)
Maintenance of Properties and Insurance. (A) The Issuer will cause all properties (other than immaterial properties) used or useful in the conduct of its business or the business of any of its Restricted Subsidiaries material to the Issuer 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 will cause to be made all necessary repairs, renewals and replacements thereof, all as in the judgment of the Issuer may be necessary so that the business of the Issuer and its Restricted Subsidiaries carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, provided that nothing in this Section 4.15 shall prevent the Issuer or any 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, in the judgment of the Issuer, desirable in the conduct of the business of the Issuer and its or such Restricted Subsidiaries taken as a whole.
(B) Subsidiary. The Issuer will provide or cause to be provided, for itself and its Restricted Subsidiaries, insurance (including appropriate self-insurance) against loss or damage of the kinds customarily insured against by corporations similarly situated and owning like properties, including, but not limited to, products liability insurance and public liability insurance, with reputable insurersinsurers 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 are shall be customary for corporations similarly situated in the industry in which the Issuer and its or any such Restricted Subsidiaries are Subsidiary, as the case may be, is then conducting business.
Appears in 1 contract
Samples: Indenture (Smurfit-Stone Container Enterprises Inc)
Maintenance of Properties and Insurance. (Aa) The Issuer will Company shall cause all material properties (other than immaterial properties) owned by or leased by it or any of its Restricted Subsidiaries used or useful in to the conduct of its business or the business of any of its Restricted Subsidiaries to be improved or 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 the its judgment of the Issuer may be necessary necessary, so that the business of the Issuer and its Restricted Subsidiaries carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that nothing in this Section 4.15 4.07 shall prevent the Issuer Company or any of its Restricted Subsidiary Subsidiaries from discontinuing the use, operation or maintenance of any of such properties properties, or disposing of any of them, if such discontinuance or disposal is, in the judgment of the IssuerBoard of Directors of the Company or of the Board of Directors of any Restricted Subsidiary of the Company, or of an officer (or other agent employed by the Company or of any of its Restricted 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 Issuer Company or any Restricted Subsidiary of the Company, and if such discontinuance or disposal is not adverse in any material respect to the Holders.
(b) The Company shall maintain, and shall cause its Restricted Subsidiaries taken as a whole.
(B) The Issuer will provide or cause to be provided, for itself and its Restricted Subsidiariesmaintain, insurance (including appropriate self-insurance) with responsible carriers against loss or damage of the kinds customarily insured against by corporations similarly situated such risks and owning like properties, including, but not limited to, products liability insurance and public liability insurance, with reputable insurers, in such amounts, and with such deductibles deductibles, retentions, self-insured amounts and by such methods co-insurance provisions, as are customary for corporations similarly situated in the industry in which the Issuer customarily carried by similar businesses of similar size, including property and its Restricted Subsidiaries are then conducting businesscasualty loss, workers' compensation and interruption of business insurance.
Appears in 1 contract
Samples: Indenture (Walbro Corp)
Maintenance of Properties and Insurance. (Aa) The Issuer will Issuers and the Partnership shall cause all material properties (other than immaterial properties) owned by or leased by them or any of their Subsidiaries used or useful in to the conduct of its the Issuers’ or Partnership’s business or the business of any of its Restricted 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 the its judgment of the Issuer may be necessary necessary, so that the business of the Issuer and its Restricted Subsidiaries carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that nothing in this Section 4.15 4.09 shall prevent the Issuer Issuers, the Partnership or any Restricted Subsidiary of their Subsidiaries from discontinuing the use, operation or maintenance of any of such properties properties, or disposing of any of them, if such discontinuance or disposal is, in the judgment of the IssuerBoard of Directors of the Issuers or the Partnership or of the Board of Directors of any Subsidiary of the Partnership concerned, or of an officer (or other agent employed by the Issuers, the Partnership or of any of its Subsidiaries) of the Issuers, the Partnership or any of their Subsidiaries having managerial responsibility for any such property, desirable in the conduct of the business of the Issuer Issuers, the Partnership or any Subsidiary of the Issuers, and its Restricted Subsidiaries taken as a wholeif such discontinuance or disposal is not adverse in any material respect to the Holders.
(Bb) The Issuer will provide or Issuers and the Partnership shall maintain, and shall cause their respective Subsidiaries to be provided, for itself and its Restricted Subsidiariesmaintain, insurance (including appropriate self-insurance) with responsible carriers against loss or damage of the kinds customarily insured against by corporations similarly situated such risks and owning like properties, including, but not limited to, products liability insurance and public liability insurance, with reputable insurers, in such amounts, and with such deductibles deductibles, retentions, self-insured amounts and by such methods co-insurance provisions, as are customary for corporations similarly situated in the industry in which the Issuer customarily carried by similar businesses of similar size, including property and its Restricted Subsidiaries are then conducting businesscasualty loss, workers’ compensation and interruption of business insurance.
Appears in 1 contract
Samples: Indenture (Stonemor Partners Lp)
Maintenance of Properties and Insurance. (Aa) The Issuer will shall cause all material properties (other than immaterial properties) owned by or leased by it or any of its Restricted Subsidiaries used or useful in to the conduct of its business or the business of any of its Restricted 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 repairs, renewals, replacements, and betterments thereof, all as in the its judgment of the Issuer may be necessary necessary, so that the business of the Issuer and its Restricted Subsidiaries carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that nothing in this Section 4.15 4.05 shall prevent the Issuer or any of its Restricted Subsidiary Subsidiaries from discontinuing the use, operation or maintenance of any of such properties properties, or disposing of any of them, if such discontinuance or disposal is, in the judgment of the Issuer, Board of Directors of the Issuer or any such Restricted Subsidiary desirable in the conduct of the business of the Issuer or any such Restricted Subsidiary, and if such discontinuance or disposal would not, individually or in the aggregate, have a material adverse effect on the ability of the Issuers or the Guarantors to perform each of their respective obligations hereunder; provided, further, that nothing in this Section 4.05 shall prevent the Issuer or any of its Restricted Subsidiaries taken as a wholefrom discontinuing or disposing of any properties to the extent otherwise permitted by this Indenture.
(Bb) The Issuer will provide or shall maintain, and shall cause to be provided, for itself and its Restricted SubsidiariesSubsidiaries to maintain, insurance (including appropriate self-insurance) with responsible carriers against loss or damage of the kinds customarily insured against by corporations similarly situated such risks and owning like properties, including, but not limited to, products liability insurance and public liability insurance, with reputable insurers, in such amounts, and with such deductibles deductibles, retentions, self-insured amounts and by such methods co-insurance provisions, as are customary for corporations similarly situated in the industry in which the Issuer customarily carried by similar businesses of similar size, including property and its Restricted Subsidiaries are then conducting businesscasualty loss, workers' compensation and interruption of business insurance.
Appears in 1 contract
Samples: Indenture (Norcraft Companies Lp)
Maintenance of Properties and Insurance. (Aa) The Issuer will Company shall cause all material properties (other than immaterial properties) used and assets owned by or leased by it or any of the Restricted Subsidiaries useful in and necessary to the conduct 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 shall cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the its judgment of the Issuer may be necessary necessary, so that the business of the Issuer and its Restricted Subsidiaries carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that nothing in this Section 4.15 4.4 shall prevent the Issuer Company or any of the Restricted Subsidiary Subsidiaries from discontinuing the use, operation or maintenance of any of such properties and assets, or disposing of any of them, if such discontinuance or disposal is, in the judgment of the IssuerBoard of Directors of the Company or the Restricted Subsidiary so concerned, or of an officer (or other agent employed by the Company or of the Subsidiary so concerned) of the Company or a Restricted Subsidiary having managerial responsibility for any such properties or assets, desirable in the conduct of the business of the Issuer Company or such Restricted Subsidiary of the Company, and its Restricted Subsidiaries taken as a wholeif such discontinuance or disposal is not adverse in any material respect to the Holders.
(Bb) The Issuer will provide or To the extent available at commercially reasonable rates, the Company shall maintain, and shall cause to be provided, for itself and its the Restricted Subsidiaries, to the extent such Restricted Subsidiaries maintain operations, to maintain, insurance (including appropriate self-insurance) with responsible carriers against loss or damage of the kinds customarily insured against by corporations similarly situated such risks and owning like properties, including, but not limited to, products liability insurance and public liability insurance, with reputable insurers, in such amounts, and with such deductibles deductibles, retentions, self-insured amounts and by such methods co-insurance provisions, as are customary for corporations similarly situated in the industry in which the Issuer and its Restricted Subsidiaries are then conducting businesscustomarily carried by similar businesses of similar size.
Appears in 1 contract
Samples: Indenture (R&b Falcon Corp)
Maintenance of Properties and Insurance. (A1) The Issuer will Company shall cause all material properties (other than immaterial properties) owned by or leased by it or any of the Restricted Subsidiaries used or useful in the conduct of its business or the business of any of its the Restricted Subsidiaries to be improved or maintained and kept in good normal 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 the its judgment of the Issuer may be necessary necessary, so that the business of the Issuer and its Restricted Subsidiaries carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that nothing in this Section 4.15 4.07 shall prevent the Issuer Company or any of the Restricted Subsidiary Subsidiaries from discontinuing the use, operation or maintenance of any of such properties properties, or disposing of any of them, if such discontinuance or disposal is, in the judgment of the IssuerBoard of Directors of the Company or of the Board of Directors of any Restricted Subsidiary, or of an officer (or other agent employed by the Company or of any of the Restricted 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 Issuer Company or any Restricted Subsidiary, and its Restricted Subsidiaries taken as a wholeif such discontinuance or disposal is not adverse in any material respect to the Holders.
(B2) The Issuer will provide or Company shall maintain, and shall cause the Restricted Subsidiaries to be provided, for itself and its Restricted Subsidiariesmaintain, insurance (including appropriate self-insurance) with responsible carriers against loss or damage of the kinds customarily insured against by corporations similarly situated such risks and owning like properties, including, but not limited to, products liability insurance and public liability insurance, with reputable insurers, in such amounts, and with such deductibles deductibles, retentions, self-insured amounts and by such methods co-insurance provisions, as are customary for corporations similarly situated in the industry in which the Issuer customarily carried by similar businesses of similar size, including property and its Restricted Subsidiaries are then conducting businesscasualty loss, workers' compensation and interruption of business insurance.
Appears in 1 contract
Samples: Indenture (Vs Holdings Inc)
Maintenance of Properties and Insurance. (A) The Issuer will Guarantor shall cause all properties (other than immaterial properties) used or useful in the conduct of its business or the business of any of its Restricted Subsidiaries to be maintained and kept in good condition, repair and working order and supplied with all necessary equipment and will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Issuer Guarantor may be necessary so that the business of the Issuer and its Restricted Subsidiaries carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, provided that nothing in this Section 4.15 Subsection 11(b)(12) shall prevent the Issuer Guarantor or any such Restricted Subsidiary from discontinuing the use, operation or maintenance of any of such properties or disposing of on any of them, if such discontinuance or disposal is, in the judgment of the IssuerGuarantor, desirable in the conduct of the business of the Issuer and its Guarantor or such Restricted Subsidiaries taken as a whole.
(B) Subsidiary. The Issuer will Guarantor shall provide or cause to be provided, for itself and its Restricted Subsidiaries, insurance (including appropriate self-insurance) against loss or damage of the kinds customarily insured against by corporations similarly situated and owning like properties, properties including, but not limited to, products liability insurance and public liability insurance, with reputable insurersinsurers 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 are shall be customary for corporations similarly situated in the industry in which the Issuer and its Guarantor or such Restricted Subsidiaries are Subsidiary, as the case may be, is then conducting business.
Appears in 1 contract
Maintenance of Properties and Insurance. (A) The Issuer Company will cause all properties (other than immaterial properties) used or useful in the conduct 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 necessary equipment and will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Issuer Company may be necessary so that the business of the Issuer and its Restricted Subsidiaries carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, provided that nothing in this Section 4.15 4.14 shall prevent the Issuer Company or any Restricted such 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, in the judgment of the IssuerCompany, desirable in the conduct of the business of the Issuer and its Restricted Subsidiaries taken as a whole.
(B) Company or such Subsidiary. The Issuer Company will provide or cause to be provided, for itself and its Restricted Subsidiaries, reasonably adequate insurance (including appropriate self-insurance) with respect to its properties and business against loss or damage of the kinds customarily insured against by corporations of established reputation engaged in the same or similar businesses similarly situated and owning like properties, including, but not limited to, products liability insurance of such types and public liability insurance, with reputable insurers, in such amounts, with such deductibles and by such methods as are shall be customary for corporations companies similarly situated in the industry in which the Issuer and its Company or such Restricted Subsidiaries are Subsidiary, as the case may be, is then conducting business, except to the extent that failure to carry or maintain any such insurance would not, singly or in the aggregate, have a material adverse effect on the condition, financial or otherwise, or the earnings, business or operations of the Company and its Subsidiaries, taken as a whole.
Appears in 1 contract
Samples: Indenture (Innova S De Rl)
Maintenance of Properties and Insurance. (A) The Issuer Company will cause all properties (other than immaterial properties) used or useful in the conduct of its business or the business of any of its Restricted Subsidiaries 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 will cause to be made all necessary repairs, renewals and replacements thereof, all as in the judgment of the Issuer Company may be necessary so that the business of the Issuer and its Restricted Subsidiaries carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, PROVIDED 57 that nothing in this Section SECTION 4.15 shall prevent the Issuer Company or any 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, in the judgment of the IssuerCompany, desirable in the conduct of the business of the Issuer and its Company or such Restricted Subsidiaries taken as a whole.
(B) Subsidiary. The Issuer Company will provide or cause to be provided, for itself and its Restricted Subsidiaries, insurance (including appropriate self-insurance) against loss or damage of the kinds customarily insured against by corporations similarly situated and owning like properties, including, but not limited to, products liability insurance and public liability insurance, with reputable insurersinsurers 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 are shall be customary for corporations similarly situated in the industry in which the Issuer and its Company or any such Restricted Subsidiaries are Subsidiary, as the case may be, is then conducting business.
Appears in 1 contract
Samples: Indenture (Stone Container Corp)
Maintenance of Properties and Insurance. (A) The Issuer will cause all properties (other than immaterial properties) used or useful in the conduct of its business or the business of any of its Restricted Subsidiaries to be maintained and kept in good condition, repair and working order and supplied with all necessary equipment and will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Issuer may be necessary so that the business of the Issuer and its Restricted Subsidiaries carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, provided that nothing in this Section 4.15 3.21 shall prevent the Issuer or any of its Restricted Subsidiary Subsidiaries from discontinuing the use, operation or maintenance of any of such properties or disposing of any of them, such properties if such discontinuance or disposal is, in the judgment of the Issuer, desirable in the conduct of the business of the Issuer and its or such Restricted Subsidiaries taken as a whole.
(B) Subsidiary. The Issuer will provide or cause to be provided, for itself and its Restricted Subsidiaries, insurance (including appropriate self-insurance) against loss or damage of the kinds customarily insured against by corporations similarly situated and owning like properties, including, but not limited to, products liability insurance and public liability insurance, with reputable insurers, insurers in such amounts, with such deductibles and by such methods as are shall be customary for corporations similarly situated in the industry in which the Issuer and its or such Restricted Subsidiaries are Subsidiary, as the case may be, is then conducting business.
Appears in 1 contract
Samples: Indenture (Vitro Sa De Cv)
Maintenance of Properties and Insurance. (A) The Issuer will cause all properties (other than immaterial properties) used or useful in the conduct of its business or the business of any of its Restricted Subsidiaries to be maintained and kept in good condition, repair and working order and supplied with all necessary equipment and will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Issuer may be necessary so that the business of the Issuer and its Restricted Subsidiaries carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, provided that nothing in this Section 4.15 3.20 shall prevent the Issuer or any Restricted such 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, in the judgment of the Issuer, desirable in the conduct of the business of the Issuer and its Restricted Subsidiaries taken as a whole.
(B) or such Subsidiary. The Issuer will provide or cause to be provided, for itself and its Restricted Subsidiaries, insurance (including appropriate self-insurance) against loss or damage of the kinds customarily insured against by corporations similarly situated and owning like properties, including, but not limited to, products liability insurance and public liability insurance, with reputable insurers, insurers in such amounts, with such deductibles and by such methods as are shall be customary for corporations similarly situated in the industry in which the Issuer and its or such Restricted Subsidiaries are Subsidiary, as the case may be, is then conducting business.
Appears in 1 contract
Samples: Indenture (Vitro Sa De Cv)
Maintenance of Properties and Insurance. (A) The Issuer So long as any of the Securities are outstanding, Holdings will cause all properties (other than immaterial properties) used or useful in the conduct of its business or the business of any Subsidiary of Holdings and material to Holdings 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 will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Issuer Holdings may be necessary necessary, so that the business of the Issuer and its Restricted Subsidiaries carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, provided that nothing in this Section 4.15 4.13 shall prevent the Issuer Holdings or any Restricted Subsidiary of Holdings 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 judgment of the IssuerBoard of Directors or the board of directors of such Subsidiary, or an Officer (or other agent employed by Holdings or any Subsidiary of Holdings) of Holdings or such Subsidiary of Holdings having managerial responsibility for any such property, desirable in the conduct of the business of Holdings or such Subsidiary of Holdings. So long as any of the Issuer and its Restricted Subsidiaries taken as a whole.
(B) The Issuer Securities are outstanding, Holdings will provide or cause to be provided, for itself and its Restricted Subsidiaries, insurance (including appropriate self-insurance) against loss or damage of the kinds customarily insured against by corporations similarly situated and owning like properties, including, but not limited to, products liability insurance and public liability insurance, insurance with reputable insurersinsurers 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 are shall be customary for corporations similarly situated in the industry in which the Issuer and its Restricted Subsidiaries are then conducting businessindustry.
Appears in 1 contract
Samples: Indenture (Silgan Holdings Inc)
Maintenance of Properties and Insurance. (Aa) The Issuer will Company shall cause all material properties (other than immaterial properties) owned by or leased by it or any of the Restricted Subsidiaries used or useful in to the conduct of its business or the business of any of its the Restricted Subsidiaries to be improved or 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 the its judgment of the Issuer may be necessary necessary, so that the business of the Issuer and its Restricted Subsidiaries carried on in connection therewith may be properly and advantageously conducted at all times; providedPROVIDED, howeverHOWEVER, that nothing in this Section 4.15 4.07 shall prevent the Issuer Company or any of the Restricted Subsidiary Subsidiaries from discontinuing the use, operation or maintenance of any of such properties properties, or disposing of any of them, if such discontinuance or disposal is, in the judgment of the IssuerBoard of Directors of the Company or any Restricted Subsidiary concerned, or of an officer (or other agent employed by the Company or of any of the Restricted Subsidiaries) of the Company or any of the Restricted Subsidiaries having managerial responsibility for any such property, desirable in the conduct of the business of the Issuer Company or any Restricted Subsidiary, and its Restricted Subsidiaries taken as a wholeif such discontinuance or disposal is not adverse in any material respect to the Holders.
(Bb) The Issuer will provide or Company shall maintain, and shall cause the Restricted Subsidiaries to be provided, for itself and its Restricted Subsidiariesmaintain, insurance (including appropriate self-insurance) with responsible carriers against loss or damage of the kinds customarily insured against by corporations similarly situated such risks and owning like properties, including, but not limited to, products liability insurance and public liability insurance, with reputable insurers, in such amounts, and with such deductibles deductibles, retentions, self-insured amounts and by such methods co-insurance provisions, as are customary for corporations similarly situated in the industry in which the Issuer customarily carried by similar businesses of similar size, including property and its Restricted Subsidiaries are then conducting businesscasualty loss, workers' compensation and interruption of business insurance.
Appears in 1 contract
Maintenance of Properties and Insurance. (Aa) The Issuer will shall cause all material properties (other than immaterial properties) used and assets owned by or leased by it or any of the Restricted Subsidiaries useful in and necessary to the conduct 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 shall cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the its judgment of the Issuer may be necessary necessary, so that the business of the Issuer and its Restricted Subsidiaries carried on in connection therewith may be properly and advantageously conducted at all times; providedPROVIDED, howeverHOWEVER, that nothing in this Section 4.15 4.04 shall prevent the Issuer or any of the Restricted Subsidiary Subsidiaries from discontinuing the use, operation or maintenance of any of such properties and assets, or disposing of any of them, if such discontinuance or disposal is, in the judgment of the IssuerBoard of Directors of the Issuer or the Restricted Subsidiary so concerned, or of an officer (or other agent employed by the Issuer or of the Subsidiary so concerned) of the Issuer or a Restricted Subsidiary having managerial responsibility for any such properties or assets, desirable in the conduct of the business of the Issuer or such Restricted Subsidiary of the Issuer, and its Restricted Subsidiaries taken as a wholeif such discontinuance or disposal is not adverse in any material respect to the Holders.
(Bb) The To the extent available at commercially reasonable rates, the Issuer will provide or shall maintain, and shall cause to be provided, for itself and its the Restricted Subsidiaries, to the extent such Restricted Subsidiaries maintain operations, to maintain, insurance (including appropriate self-insurance) with responsible carriers against loss or damage of the kinds customarily insured against by corporations similarly situated such risks and owning like properties, including, but not limited to, products liability insurance and public liability insurance, with reputable insurers, in such amounts, and with such deductibles deductibles, retentions, self-insured amounts and by such methods coinsurance provisions, as are customary for corporations similarly situated in the industry in which the Issuer and its Restricted Subsidiaries are then conducting businesscustomarily carried by similar businesses of similar size.
Appears in 1 contract
Samples: Indenture (Pride International Inc)
Maintenance of Properties and Insurance. (Aa) The Issuer will cause all material properties (other than immaterial properties) and equipment used or useful in the conduct operation of its business or the business of any of its Restricted Subsidiaries the Guarantors to be maintained and kept in good conditionworking order, repair and working order condition, ordinary wear and tear and casualty and condemnation excepted, as is necessary in the reasonable judgment of the Issuer may be necessary so that the business of the Issuer and its Restricted Subsidiaries may be properly and advantageously conducted at all timesIssuer; provided, however, provided that nothing in this Section 4.15 shall prevent 4.21 prevents the Issuer or any 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, in the judgment of the Issuer, desirable in the conduct of the business of the Issuer and its the Restricted Subsidiaries taken as a wholewhole and such disposal otherwise complies with this Indenture.
(Bb) The Issuer will provide or cause to be provided, for itself and its the Restricted Subsidiaries, insurance (including appropriate self-insurance) against loss or damage of the kinds customarily insured against by corporations companies similarly situated and owning like properties, including, but not limited to, products liability insurance and public liability insurance, with reputable insurers, in such amounts, with such deductibles and by such methods as are customary for corporations companies similarly situated in the industry in which the Issuer and its Restricted Subsidiaries are then conducting business.
Appears in 1 contract
Samples: Indenture (Chobani Inc.)
Maintenance of Properties and Insurance. (Aa) The Issuer will Parent shall cause all material properties (other than immaterial properties) used owned by or leased by it or any of its Subsidiaries useful in and necessary to the conduct of its business or the business of any of its Restricted Subsidiaries to be improved or maintained and kept in good normal condition, repair and working order and shall cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the its judgment of the Issuer may be necessary necessary, so that the business of the Issuer and its Restricted Subsidiaries carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that nothing in this Section 4.15 4.7 shall prevent the Issuer Parent or any Restricted Subsidiary of its Subsidiaries from discontinuing the use, operation or maintenance of any of such properties properties, or disposing of any of them, if such discontinuance or disposal is, in the judgment of the IssuerBoard of Directors of the Parent or of the Board of Directors of any Subsidiary of the Parent concerned, or of an officer (or other agent employed by the Parent or of any of its Subsidiaries) of the Parent or any of its Subsidiaries having managerial responsibility for any such property, desirable in the conduct of the business of the Issuer Parent or any Subsidiary of the Parent and its Restricted Subsidiaries taken as a wholeif such discontinuance or disposal is not adverse in any material respect to the Holders.
(Bb) The Issuer will provide or To the extent available at commercially reasonable rates, the Parent shall maintain, and shall cause its Subsidiaries to be provided, for itself and its Restricted Subsidiariesmaintain, insurance (including appropriate self-insurance) with responsible carriers against loss or damage of the kinds customarily insured against by corporations similarly situated such risks and owning like properties, including, but not limited to, products liability insurance and public liability insurance, with reputable insurers, in such amounts, and with such deductibles deductibles, retentions, self-insured amounts and by such methods co-insurance provisions, as are customary for corporations similarly situated in the industry in which the Issuer and its Restricted Subsidiaries are then conducting businesscustomarily carried by similar businesses of similar size.
Appears in 1 contract