Common use of Maintenance of Properties and Insurance Clause in Contracts

Maintenance of Properties and Insurance. (a) The Issuer shall cause all material properties owned by or leased by it or any of its Subsidiaries used or useful to the conduct of the Issuer’s business or the business of any of its Subsidiaries to be maintained and kept in normal condition, repair and working order and supplied with all necessary equipment and shall cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in its judgment may be necessary, so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that nothing in this Section 4.09(a) shall prevent the Issuer or any of its Subsidiaries from discontinuing the use, operation or maintenance of any of such properties, or disposing of any of them, if such discontinuance or disposal is, in the judgment of the Board 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 if such discontinuance or disposal is not adverse in any material respect to the Holders. (b) The Issuer shall maintain, and shall cause its respective Subsidiaries to maintain, insurance with responsible carriers against such risks and in such amounts, and with such deductibles, retentions, self-insured amounts and co-insurance provisions, as are customarily carried by corporations operating assets of a similar nature in the same or similar localities, including property and casualty loss, workers’ compensation and interruption of business insurance.

Maintenance of Properties and Insurance. (a) The Issuer shall cause all material properties owned by or leased by it or any of its Restricted Subsidiaries used or useful to the conduct of the Issuer’s its business or the business of any of its Restricted Subsidiaries to be maintained and kept in normal condition, repair and working order and supplied with all necessary equipment and shall cause to be made all necessary repairs, renewals, replacements, and betterments and improvements thereof, all as in its judgment may be necessary, so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that nothing in this Section 4.09(a) 4.05 shall prevent the Issuer or any of its Restricted Subsidiaries from discontinuing the use, operation or maintenance of any of such properties, or disposing of any of them, if such discontinuance or disposal is, in the judgment of the Board 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) management of the Issuer or any of its Subsidiaries having managerial responsibility for any such property, Restricted Subsidiary desirable in the conduct of the business of the Issuer or any Subsidiary such Restricted Subsidiary; provided, further, that nothing in this Section 4.05 shall prevent the Issuer or any of the Issuer, and if such discontinuance its Restricted Subsidiaries from discontinuing or disposal is not adverse in disposing of any material respect properties to the Holdersextent otherwise permitted by this Indenture. (b) The Issuer shall maintain, and shall cause its respective Restricted Subsidiaries to maintain, insurance with responsible carriers against such risks and in such amounts, and with such deductibles, retentions, self-insured amounts and co-insurance provisions, as are customarily carried by corporations operating assets similar businesses of a similar nature in the same or similar localitiessize, including property and casualty loss, workers’ ' compensation and interruption of business insurance.

Maintenance of Properties and Insurance. (a) The Issuer Casella shall cause all material properties owned by or leased by it or any of its Restricted Subsidiaries used or useful to the conduct of the Issuer’s its business or the business of any of its Restricted Subsidiaries to be maintained and kept in normal condition, repair and working order and supplied with all necessary equipment and shall cause to be made all necessary repairs, renewals, replacements, and betterments and improvements thereof, all as in its judgment may be necessary, so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that nothing in this Section 4.09(a) 4.05 shall prevent the Issuer Casella or any of its Restricted Subsidiaries from discontinuing the use, operation or maintenance of any of such properties, or disposing of any of them, if such discontinuance or disposal is, in the judgment of the Board 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 Casella or any of its Subsidiaries having managerial responsibility for any such property, Restricted Subsidiary desirable in the conduct of the business of the Issuer Casella or any Subsidiary of the Issuersuch Restricted Subsidiary, and if such discontinuance or disposal is not would not, individually or in the 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 material respect of its Restricted Subsidiaries from discontinuing or disposing of any properties to the Holdersextent otherwise permitted by this Indenture. (b) The Issuer Casella shall maintain, and shall cause its respective Restricted Subsidiaries to maintain, insurance with responsible carriers against such risks and in such amounts, and with such deductibles, retentions, self-insured amounts and co-insurance provisions, as are customarily carried by corporations operating assets similar businesses of a similar nature in the same or similar localitiessize, including property and casualty loss, workers’ compensation and interruption of business insurance.

Maintenance of Properties and Insurance. (a) The Issuer Company shall cause all material properties owned by or leased by it or any of its Restricted Subsidiaries used or useful to the conduct of the Issuer’s its business or the business of any of its Restricted Subsidiaries to be maintained and kept in normal condition, repair and working order and supplied with all necessary equipment and shall cause to be made all necessary repairs, renewals, replacements, and betterments and improvements thereof, all as in its judgment may be necessary, so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that nothing in this Section 4.09(a) 4.18 shall prevent the Issuer Company or any of its Restricted Subsidiaries from discontinuing the use, operation or maintenance of any of such properties, or disposing of any of them, if such discontinuance or disposal is, in the judgment of the Board 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 Company or any of its Subsidiaries having managerial responsibility for any such property, Restricted Subsidiary desirable in the conduct of the business of the Issuer Company or any Subsidiary such Restricted Subsidiary; provided, further, that nothing in this Section 4.18 shall prevent the Company or any of the Issuer, and if such discontinuance its Restricted Subsidiaries from discontinuing or disposal is not adverse in disposing of any material respect properties to the Holdersextent otherwise permitted by this Indenture. (b) The Issuer Company shall maintain, and shall cause its respective Restricted Subsidiaries to maintain, insurance with responsible carriers against such risks and in such amounts, and with such deductibles, retentions, self-self insured amounts and co-insurance provisions, as are customarily carried appropriate for a business of this type and size as determined in good faith by corporations operating assets of a similar nature in the same or similar localities, including property and casualty loss, workers’ compensation and interruption of business insuranceCompany.

Maintenance of Properties and Insurance. (a) The Issuer shall cause all material properties owned by or leased by it or any of its Restricted Subsidiaries used or useful to the conduct of the Issuer’s its business or the business of any of its Restricted Subsidiaries to be maintained and kept in normal condition, repair and working order and supplied with all necessary equipment and shall cause to be made all necessary repairs, renewals, replacements, and betterments and improvements thereof, all as in its judgment may be necessary, so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that nothing in this Section 4.09(a) 4.05 shall prevent the Issuer or any of its Restricted Subsidiaries from discontinuing the use, operation or maintenance of any of such properties, or disposing of any of them, if such discontinuance or disposal is, in the judgment of the Board 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) management of the Issuer or any of its Subsidiaries having managerial responsibility for any such property, Restricted Subsidiary desirable in the conduct of the business of the Issuer or any Subsidiary such Restricted Subsidiary; provided, further, that nothing in this Section 4.05 shall prevent the Issuer or any of the Issuer, and if such discontinuance its Restricted Subsidiaries from discontinuing or disposal is not adverse in disposing of any material respect properties to the Holdersextent otherwise permitted by this Indenture. (b) The Issuer shall maintain, and shall cause its respective Restricted Subsidiaries to maintain, insurance with responsible carriers against such risks and in such amounts, and with such deductibles, retentions, self-insured amounts and co-insurance provisions, as are customarily carried by corporations operating assets similar businesses of a similar nature in the same or similar localitiessize, including property and casualty loss, workers’ compensation and interruption of business insurance.

Maintenance of Properties and Insurance. (a) The Issuer shall cause all material properties owned by or leased by it or any of its Restricted Subsidiaries used or useful to the conduct of the Issuer’s its business or the business of any of its Restricted Subsidiaries to be maintained and kept in normal condition, repair and working order and supplied with all necessary equipment and shall cause to be made all necessary repairs, renewals, replacements, and betterments and improvements thereof, all as in its judgment may be necessary, so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that nothing in this Section 4.09(a) 4.05 shall prevent the Issuer or any of its Restricted Subsidiaries from discontinuing the use, operation or maintenance of any of such properties, or disposing of any of them, if such discontinuance or disposal is, in the judgment of the Board 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, Restricted Subsidiary desirable in the conduct of the business of the Issuer or any Subsidiary such Restricted Subsidiary; provided, further, that nothing in this Section 4.05 shall prevent the Issuer or any of the Issuer, and if such discontinuance its Restricted Subsidiaries from discontinuing or disposal is not adverse in disposing of any material respect properties to the Holdersextent otherwise permitted by this Indenture. (b) The Issuer shall maintain, and shall cause its respective Restricted Subsidiaries to maintain, insurance with responsible carriers against such risks and in such amounts, and with such deductibles, retentions, self-self insured amounts and co-insurance provisions, as are customarily carried appropriate for a business of this type and size as determined in good faith by corporations operating assets of a similar nature in the same or similar localitiesIssuer, including property and casualty loss, workers’ compensation and interruption of business insurance.

Maintenance of Properties and Insurance. (a) The Issuer Company shall cause all material properties owned by or leased by it or any of its Restricted Subsidiaries used or useful to the conduct of the Issuer’s its business or the business of any of its Subsidiaries Restricted Subsidiaries, taken as a whole, to be maintained and kept in normal condition, repair and working order (ordinary wear and tear and damage by casualty excepted) and supplied with all necessary equipment and shall cause to be made all necessary repairs, renewals, replacements, and betterments and improvements thereof, all as in its judgment may be necessary, so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that nothing in this Section 4.09(a) 4.07 shall prevent the Issuer Company or any of its Restricted Subsidiaries from discontinuing the use, operation or maintenance of any of such properties, or disposing of any of them, if such discontinuance or disposal is, in the judgment of the Board 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 Company or any of its Subsidiaries having managerial responsibility for any such property, Restricted Subsidiary desirable in the conduct of the business of the Issuer Company or any Subsidiary of the Issuersuch Restricted Subsidiary, and if such discontinuance or disposal is not adverse in any material respect to the Holders; provided further that nothing in this Section 4.07 shall prevent the Company or any of its Restricted Subsidiaries from discontinuing or disposing of any properties to the extent otherwise permitted by this Indenture. (b) The Issuer Company shall maintain, and shall cause its respective Restricted Subsidiaries to maintain, insurance with responsible carriers against such risks and in such amounts, and with such deductibles, retentions, self-insured amounts and co-insurance provisions, as are are, in the Company’s reasonable judgment, customarily carried by corporations operating assets similar businesses of a similar nature in the same or similar localitiessize, including property and casualty loss, workers’ compensation and interruption of business insurance.

Maintenance of Properties and Insurance. (a) The Issuer Company shall cause all material properties owned by or leased by it or any of its Restricted Subsidiaries used or useful to the conduct of the Issuer’s its business or the business of any of its Restricted Subsidiaries to be maintained and kept in normal condition, repair and working order and supplied with all necessary equipment and shall cause to be made all necessary repairs, renewals, replacements, replacements and betterments and improvements thereof, all as in its judgment may be necessary, so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that nothing in this Section 4.09(a) 4.05 shall prevent the Issuer Company or any of its Restricted Subsidiaries from discontinuing the use, operation or maintenance of any of such properties, or disposing of any of them, if such discontinuance or disposal is, in the judgment of the Board 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 Company or any of its Subsidiaries having managerial responsibility for any such property, Restricted Subsidiary desirable in the conduct of the business of the Issuer Company or any Subsidiary such Restricted Subsidiary; provided, further, that nothing in this Section 4.05 shall prevent the Company or any of the Issuer, and if such discontinuance its Restricted Subsidiaries from discontinuing or disposal is not adverse in disposing of any material respect properties to the Holdersextent otherwise permitted by this Indenture. (b) The Issuer Company shall maintain, and shall cause its respective Restricted Subsidiaries to maintain, insurance with responsible carriers against such risks and in such amounts, and with such deductibles, retentions, self-self insured amounts and co-insurance provisions, as are customarily carried appropriate for a business of this type and size as determined in good faith by corporations operating assets of a similar nature in the same or similar localitiesCompany, including property and casualty loss, workers’ compensation and interruption of business insurance.

Maintenance of Properties and Insurance. (a) The Issuer shall cause all material properties owned by or leased by it or any of its Restricted Subsidiaries used or useful to the conduct of the Issuer’s its business or the business of any of its Restricted Subsidiaries to be maintained and kept in normal condition, repair and working order and supplied with all reasonably necessary equipment and shall cause to be made all necessary repairs, renewals, replacements, and betterments and improvements thereof, all as in its judgment may be reasonably necessary, so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that nothing in this Section 4.09(a) 4.05 shall prevent the Issuer or any of its Restricted Subsidiaries from discontinuing the use, operation or maintenance of any of such properties, or disposing of any of them, if such discontinuance or disposal is, in the judgment of the Board 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) management of the Issuer or any of its Subsidiaries having managerial responsibility for any such propertyRestricted Subsidiary, necessary or desirable in the conduct of the business of the Issuer or any Subsidiary such Restricted Subsidiary; provided, further, that nothing in this Section 4.05 shall prevent the Issuer or any of the Issuer, and if such discontinuance its Restricted Subsidiaries from discontinuing or disposal is not adverse in disposing of any material respect properties to the Holdersextent otherwise permitted by this Indenture. (b) The Issuer shall maintain, and shall cause its respective Restricted Subsidiaries to maintain, insurance with responsible carriers against such risks and in such amounts, and with such deductibles, retentions, self-insured amounts and co-insurance provisions, as are customarily carried by corporations operating assets similar businesses of a similar nature in the same or similar localitiessize, including property and casualty loss, workers’ compensation and interruption of business insurance. (c) The Issuer shall cause any property and casualty insurance policies with respect to the Mortgaged Property to be endorsed or otherwise amended to include a “standard” or “New York” lender’s loss payable endorsement, which endorsement or policy shall provide that, from and after the Issue Date, if the insurance carrier shall have received written notice from the Trustee of the occurrence of an Event of Default, the insurance carrier shall pay all proceeds otherwise payable to the Issuer and Guarantors under such policies directly to the Issuer and the Trustee; cause all such policies to provide that neither the Issuer, the Trustee nor any other party shall be a coinsurer thereunder and to contain a “Replacement Cost Endorsement,” or in the case of a policy insuring equipment, to contain an “Actual Cost Endorsement,” or similar endorsement without any deduction for depreciation, and such other provisions as may be customary with companies in the same or similar businesses; deliver original or certified copies of all such policies or a certificate of an insurance broker to the Trustee; cause each such policy to provide that it shall not be canceled or not renewed upon less than 30 days’ prior written notice thereof by the insurer to the Trustee.

Maintenance of Properties and Insurance. (a) The Issuer Company shall cause all material properties owned by or leased by it or any of its Restricted Subsidiaries used or useful to the conduct of the Issuer’s its business or the business of any of its Subsidiaries Restricted Subsidiaries, taken as a whole, to be maintained and kept in normal condition, repair and working order and supplied with all necessary equipment and shall cause to be made all necessary repairs, renewals, replacements, and betterments and improvements thereof, all as in its judgment may be necessary, so that the business carried on in connection therewith may be properly and advantageously conducted at all times; providedPROVIDED, howeverHOWEVER, that nothing in this Section 4.09(a) 4.7 shall prevent the Issuer Company or any of its Restricted Subsidiaries from discontinuing the use, operation or maintenance of any of such properties, or disposing of any of them, if such discontinuance or disposal is, in the judgment of the Board 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 Company or any of its Subsidiaries having managerial responsibility for any such property, Restricted Subsidiary desirable in the conduct of the business of the Issuer Company or any Subsidiary of the Issuersuch Restricted Subsidiary, and if such discontinuance or disposal is not adverse in any material respect to the Holders; PROVIDED FURTHER that nothing in this Section 4.7 shall prevent the Company or any of its Restricted Subsidiaries from discontinuing or disposing of any properties to the extent otherwise permitted by this Indenture. (b) The Issuer Company shall maintain, and shall cause its respective Restricted Subsidiaries to maintain, insurance with responsible carriers against such risks and in such amounts, and with such deductibles, retentions, self-insured amounts and co-insurance provisions, as are are, in the Company's reasonable judgment, customarily carried by corporations operating assets similar businesses of a similar nature in the same or similar localitiessize, including property and casualty loss, workers’ ' compensation and interruption of business insurance.

Maintenance of Properties and Insurance. (a) The Issuer shall cause all material properties owned by or leased by it or any of its Restricted Subsidiaries used or useful to the conduct of the Issuer’s its business or the business of any of its Restricted Subsidiaries to be maintained and kept in normal condition, repair and working order and supplied with all necessary equipment and shall cause to be made all necessary repairs, renewals, replacements, and betterments and improvements thereof, all as in its judgment may be necessary, so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that nothing in this Section 4.09(a) 4.05 shall prevent the Issuer or any of its Restricted Subsidiaries from discontinuing the use, operation or maintenance of any of such properties, or disposing of any of them, if such discontinuance or disposal is, in the judgment of the Board 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, Restricted Subsidiary desirable in the conduct of the business of the Issuer or any Subsidiary such Restricted Subsidiary; provided, further, that nothing in this Section 4.05 shall prevent the Issuer or any of the Issuer, and if such discontinuance its Restricted Subsidiaries from discontinuing or disposal is not adverse in disposing of any material respect properties to the Holdersextent otherwise permitted by this Indenture. (b) The Issuer shall maintain, and shall cause its respective Restricted Subsidiaries to maintain, insurance with responsible carriers against such risks and in such amounts, and with such deductibles, retentions, self-self insured amounts and co-insurance provisions, as are customarily carried appropriate for a business of this type and size as determined in good faith by corporations operating assets of a similar nature in the same or similar localitiesIssuer, including property and casualty loss, workers’ compensation and interruption of business insurance.

Maintenance of Properties and Insurance. (a) The Issuer Company shall cause all material properties owned by or leased by it or any of its Restricted Subsidiaries used or useful to the conduct of the Issuer’s its business or the business of any of its Subsidiaries Restricted Subsidiaries, taken as a whole, to be maintained and kept in normal condition, repair and working order and supplied with all necessary equipment and shall cause to be made all necessary repairs, renewals, replacements, and betterments and improvements thereof, all as in its judgment may be necessary, so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, subject to Section 4.18, that nothing in this Section 4.09(a) 4.7 shall prevent the Issuer Company or any of its Restricted Subsidiaries from discontinuing the use, operation or maintenance of any of such properties, or disposing of any of them, if such discontinuance or disposal is, in the judgment of the Board 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 Company or any of its Subsidiaries having managerial responsibility for any such property, Restricted Subsidiary desirable in the conduct of the business of the Issuer Company or any Subsidiary of the Issuersuch Restricted Subsidiary, and if such discontinuance or disposal is not adverse in any material respect to the Holders; provided, further, subject to Section 4.18, that nothing in this Section 4.7 shall prevent the Company or any of its Restricted Subsidiaries from discontinuing or disposing of any properties to the extent otherwise permitted by this Indenture. (b) The Issuer Company shall maintain, and shall cause its respective Restricted Subsidiaries to maintain, insurance with responsible carriers against such risks and in such amounts, and with such deductibles, retentions, self-insured amounts and co-insurance provisions, as are are, in the Company’s reasonable judgment, customarily carried by corporations operating assets similar businesses of a similar nature in the same or similar localitiessize, including property and casualty loss, workers’ compensation and interruption of business insurance.

Maintenance of Properties and Insurance. (a) The Issuer Company shall cause all material properties owned by or leased by it or any of its Restricted Subsidiaries used or useful to the conduct of the Issuer’s its business or the business of any of its Subsidiaries Restricted Subsidiaries, taken as a whole, to be maintained and kept in normal condition, repair and working order and supplied with all necessary equipment and shall cause to be made all necessary repairs, renewals, replacements, and betterments and improvements thereof, all as in its judgment may be necessary, so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that nothing in this Section 4.09(a) 4.7 shall prevent the Issuer Company or any of its Restricted Subsidiaries from discontinuing the use, operation or maintenance of any of such properties, or disposing of any of them, if such discontinuance or disposal is, in the judgment of the Board 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 Company or any of its Subsidiaries having managerial responsibility for any such property, Restricted Subsidiary desirable in the conduct of the business of the Issuer Company or any Subsidiary of the Issuersuch Restricted Subsidiary, and if such discontinuance or disposal is not adverse in any material respect to the Holders; provided further that nothing in this Section 4.7 shall prevent the Company or any of its Restricted Subsidiaries from discontinuing or disposing of any properties to the extent otherwise permitted by this Indenture. (b) The Issuer Company shall maintain, and shall cause its respective Restricted Subsidiaries to maintain, insurance with responsible carriers against such risks and in such amounts, and with such deductibles, retentions, self-insured amounts and co-insurance provisions, as are are, in the Company’s reasonable judgment, customarily carried by corporations operating assets similar businesses of a similar nature in the same or similar localitiessize, including property and casualty loss, workers’ compensation and interruption of business insurance.

Maintenance of Properties and Insurance. (a) The Issuer Company shall cause all material properties owned by or leased by it or any of its Restricted Subsidiaries used or useful to the conduct of the Issuer’s its business or the business of any of its Subsidiaries Restricted Subsidiaries, taken as a whole, to be maintained and kept in normal condition, repair and working order and supplied with all necessary equipment and shall cause to be made all necessary repairs, renewals, replacements, and betterments and improvements thereof, all as in its judgment may be necessary, so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, subject to Section 4.18, that nothing in this Section 4.09(a) 4.7 shall prevent the Issuer Company or any of its Restricted Subsidiaries from discontinuing the use, operation or maintenance of any of such properties, or disposing of any of them, if such discontinuance or disposal is, in the judgment of the Board 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 Company or any of its Subsidiaries having managerial responsibility for any such property, Restricted Subsidiary desirable in the conduct of the business of the Issuer Company or any Subsidiary of the Issuersuch Restricted Subsidiary, and if such discontinuance or disposal is not adverse in any material respect to the Holders; provided further, subject to Section 4.18, that nothing in this Section 4.7 shall prevent the Company or any of its Restricted Subsidiaries from discontinuing or disposing of any properties to the extent otherwise permitted by this Indenture. (b) The Issuer Company shall maintain, and shall cause its respective Restricted Subsidiaries to maintain, insurance with responsible carriers against such risks and in such amounts, and with such deductibles, retentions, self-insured amounts and co-insurance provisions, as are are, in the Company’s reasonable judgment, customarily carried by corporations operating assets similar businesses of a similar nature in the same or similar localitiessize, including property and casualty loss, workers’ compensation and interruption of business insurance.

Maintenance of Properties and Insurance. (a) The Issuer Company shall cause all material properties owned by or leased by it or any of its Restricted Subsidiaries used or useful to the conduct of the Issuer’s its business or the business of any of its Subsidiaries Restricted Subsidiaries, taken as a whole, to be maintained and kept in normal condition, repair and working order (ordinary wear and tear and damage by casualty excepted) and supplied with all necessary equipment and shall cause to be made all necessary repairs, renewals, replacements, and betterments and improvements thereof, all as in its judgment may be necessary, so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that nothing in this Section 4.09(a) 4.7 shall prevent the Issuer Company or any of its Restricted Subsidiaries from discontinuing the use, operation or maintenance of any of such properties, or disposing of any of them, if such discontinuance or disposal is, in the judgment of the Board 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 Company or any of its Subsidiaries having managerial responsibility for any such property, Restricted Subsidiary desirable in the conduct of the business of the Issuer Company or any Subsidiary of the Issuersuch Restricted Subsidiary, and if such discontinuance or disposal is not adverse in any material respect to the Holders; provided further that nothing in this Section 4.7 shall prevent the Company or any of its Restricted Subsidiaries from discontinuing or disposing of any properties to the extent otherwise permitted by this Indenture. (b) The Issuer Company shall maintain, and shall cause its respective Restricted Subsidiaries to maintain, insurance with responsible carriers against such risks and in such amounts, and with such deductibles, retentions, self-insured amounts and co-insurance provisions, as are are, in the Company’s reasonable judgment, customarily carried by corporations operating assets similar businesses of a similar nature in the same or similar localitiessize, including property and casualty loss, workers’ compensation and interruption of business insurance.

Maintenance of Properties and Insurance. (a) The Issuer Company shall cause all material properties owned by or leased (including, without limitation, these properties subject to a Mortgage) by it or any of its Restricted Subsidiaries used or useful to the conduct of the Issuer’s its business or the business of any of its Subsidiaries Restricted Subsidiaries, taken as a whole, to be maintained and kept in normal condition, repair and working order and supplied with all necessary equipment and shall cause to be made all necessary repairs, renewals, replacements, and betterments and improvements thereof, all as in its judgment may be necessary, so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, subject to Section 4.18, that nothing in this Section 4.09(a) 4.7 shall prevent the Issuer Company or any of its Restricted Subsidiaries from discontinuing the use, operation or maintenance of any of such properties, or disposing of any of them, if such discontinuance or disposal is, in the judgment of the Board 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 Company or any of its Subsidiaries having managerial responsibility for any such property, Restricted Subsidiary desirable in the conduct of the business of the Issuer Company or any Subsidiary of the Issuersuch Restricted Subsidiary, and if such discontinuance or disposal is not adverse in any material respect to the Holders; provided further, subject to Section 4.18, that nothing in this Section 4.7 shall prevent the Company or any of its Restricted Subsidiaries from discontinuing or disposing of any properties to the extent otherwise permitted by this Indenture. (b) The Issuer Company shall maintain, and shall cause its respective Restricted Subsidiaries to maintain, insurance with responsible carriers against such risks and in such amounts, and with such deductibles, retentions, self-insured amounts and co-insurance provisions, as are are, in the Company’s reasonable judgment, customarily carried by corporations operating assets similar businesses of a similar nature in the same or similar localitiessize, including property and casualty loss, workers’ compensation and interruption of business insurance.

Maintenance of Properties and Insurance. (a) The Issuer Company shall cause all material properties owned by or leased by it or any of its Restricted Subsidiaries used or useful to the conduct of the Issuer’s its business or the business of any of its Subsidiaries Restricted Subsidiaries, taken as a whole, to be maintained and kept in normal condition, repair and working order and supplied with all necessary equipment and shall cause to be made all necessary repairs, renewals, replacements, and betterments and improvements thereof, all as in its judgment may be necessary, so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that nothing in this Section 4.09(a) 4.7 shall prevent the Issuer Company or any of its Restricted Subsidiaries from discontinuing the use, operation or maintenance of any of such properties, or disposing of any of them, if such discontinuance or disposal is, in the judgment of the Board 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 Company or any of its Subsidiaries having managerial responsibility for any such property, Restricted Subsidiary desirable in the conduct of the business of the Issuer Company or any Subsidiary of the Issuersuch Restricted Subsidiary, and if such discontinuance or disposal is not adverse in any material respect to the Holders; provided further that nothing in this Section 4.7 shall prevent the Company or any of its Restricted Subsidiaries from discontinuing or disposing of any properties to the extent otherwise permitted by this Indenture. (b) The Issuer Company shall maintain, and shall cause its respective Restricted Subsidiaries to maintain, insurance with responsible carriers against such risks and in such amounts, and with such deductibles, retentions, self-insured amounts and co-insurance provisions, as are are, in the Company's reasonable judgment, customarily carried by corporations operating assets similar businesses of a similar nature in the same or similar localitiessize, including property and casualty loss, workers’ ' compensation and interruption of business insurance.

Maintenance of Properties and Insurance. (a) The Issuer shall cause all material properties owned by or leased by it or any of its Restricted Subsidiaries used or useful to the conduct of the Issuer’s its business or the business of any of its Restricted Subsidiaries to be maintained and kept in normal condition, repair and working order and supplied with all necessary equipment and shall cause to be made all necessary repairs, renewals, replacements, and betterments and improvements thereof, all as in its judgment may be necessary, so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that nothing in this Section 4.09(a) 4.05 shall prevent the Issuer or any of its Restricted Subsidiaries from discontinuing the use, operation or maintenance of any of such properties, or disposing of any of them, if such discontinuance or disposal is, in the judgment of the Board 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, Restricted Subsidiary desirable in the conduct of the business of the Issuer or any Subsidiary such Restricted Subsidiary; provided, further, that nothing in this Section 4.05 shall prevent the Issuer or any of the Issuer, and if such discontinuance its Restricted Subsidiaries from discontinuing or disposal is not adverse in disposing of any material respect properties to the Holdersextent otherwise permitted by this Indenture. (b) The Issuer shall maintain, and shall cause its respective Restricted Subsidiaries to maintain, insurance with responsible carriers against such risks and in such amounts, and with such deductibles, retentions, self-insured amounts and co-insurance provisions, as are customarily carried by corporations operating assets similar businesses of a similar nature in the same or similar localitiessize, including property and casualty loss, workers’ compensation and interruption of business insurance.

Maintenance of Properties and Insurance. (a) The Issuer Company shall cause all material properties owned by or leased by it or any of its the Subsidiaries used or useful to the conduct of the Issuer’s its business or the business of any of its the Subsidiaries to be maintained and kept in normal condition, repair and working order and supplied with all necessary equipment and shall cause to be made all necessary repairs, renewals, replacements, betterments renewals and improvements replacements thereof, all as in its judgment may be necessary, so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that nothing in this Section 4.09(a) 4.07 shall prevent the Issuer -------- ------- Company or any of its the Subsidiaries from discontinuing the use, operation or maintenance of any of such properties, or disposing of any of them, if such discontinuance or disposal is, in the judgment of the Board of Directors of the Issuer Company or of the Board of Directors of any Subsidiary of the Issuer concerned, or of an Officer officer (or other agent employed by the Issuer Company or of any of its the Subsidiaries) of the Issuer Company or any of its the Subsidiaries having managerial responsibility for any such property, desirable in the conduct of the business of the Issuer Company or any Subsidiary of the IssuerSubsidiary, and if such discontinuance or disposal is not adverse in any material respect to the Holders. (b) The Issuer Company shall maintain, and shall cause its respective the Subsidiaries to maintain, insurance with responsible carriers against such risks and in such amounts, and with such deductibles, retentions, self-insured amounts and co-co- insurance provisions, as are customarily carried by corporations operating assets similar businesses of a similar nature in the same or similar localitiessize, including property and casualty loss, workers’ ' compensation and interruption of business insurance.

Maintenance of Properties and Insurance. (a) The Issuer Company and Fedders Corporation shall cause all material properties owned by or leased by it to either of them or any of its Subsidiaries Restricted Subsidiary and used or useful to in the conduct of the Issuer’s their business or the business of any of its Subsidiaries Restricted Subsidiary to be maintained and kept in normal condition, repair and working order and supplied with all necessary equipment and shall cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in its the judgment of the Company or Fedders Corporation may be necessary, so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that nothing in this Section 4.09(a) 4.10 shall prevent the Issuer Company, Fedders Corporation or any of its Subsidiaries 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 Board of Directors of the Issuer or of the Board board of Directors directors of any Fedders Corporation or the Restricted Subsidiary of the Issuer concerned, or of an Officer officer (or other agent employed by the Issuer Company, Fedders Corporation or of any of its SubsidiariesRestricted Subsidiary) of the Issuer Company, Fedders Corporation or any of its Subsidiaries such Restricted Subsidiary having managerial responsibility for any such property, desirable in the conduct of the business of the Issuer Company, Fedders Corporation or any Subsidiary of the IssuerRestricted Subsidiary, and if such discontinuance or disposal is not adverse in any material respect to the Holders. (b) The Issuer Company and Fedders Corporation shall maintain, and shall cause its respective the Restricted Subsidiaries to maintain, insurance with responsible carriers against such risks and in such amounts, and with such deductibles, retentions, self-insured amounts and co-insurance provisions, as are customarily carried by corporations operating assets similar businesses of a similar nature in the same or similar localitiessize, including property and casualty loss, and workers’ ' compensation and interruption of business insurance.

Maintenance of Properties and Insurance. (a) The Issuer Borrower shall cause all material properties owned by or leased by it or any of its Restricted Subsidiaries used or useful to the conduct of the Issuer’s its business or the business of any of its Restricted Subsidiaries to be maintained and kept in normal condition, repair and working order and supplied with all necessary equipment and shall cause to be made all necessary repairs, renewals, replacements, and betterments and improvements thereof, all as in its judgment may be necessary, so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that nothing in this Section 4.09(a) 6.03 shall prevent the Issuer Borrower or any of its Restricted Subsidiaries from discontinuing the use, operation or maintenance of any of such properties, or disposing of any of them, if such discontinuance or disposal is, in the judgment of the Board of Directors management 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 Borrower or any of its Subsidiaries having managerial responsibility for any such property, Restricted Subsidiary desirable in the conduct of the business of the Issuer Borrower or any Subsidiary such Restricted Subsidiary; provided further that nothing in this Section 6.03 shall prevent the Borrower or any of the Issuer, and if such discontinuance its Restricted Subsidiaries from discontinuing or disposal is not adverse in disposing of any material respect properties to the Holdersextent otherwise permitted by this Agreement. (b) The Issuer Borrower shall maintain, and shall cause its respective Restricted Subsidiaries to maintain, insurance with responsible carriers against such risks and in such amounts, and with such deductibles, retentions, self-insured amounts and co-insurance provisions, as are customarily carried by corporations operating assets similar businesses of a similar nature in the same or similar localitiessize, including property and casualty loss, workers’ ' compensation and interruption of business insurance.

Maintenance of Properties and Insurance. (a) The Issuer shall cause all material properties owned by or leased by it or any of its Restricted Subsidiaries used or useful to the conduct of the Issuer’s its business or the business of any of its Restricted Subsidiaries to be maintained and kept in normal condition, repair and working order and supplied with all necessary equipment and shall cause to be made all necessary repairs, renewals, replacements, and betterments and improvements thereof, all as in its judgment may be necessary, so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that nothing in this Section 4.09(a) 4.05 shall prevent the Issuer or any of its Restricted Subsidiaries from discontinuing the use, operation or maintenance of any of such properties, or disposing of any of them, if such discontinuance or disposal is, in the judgment of the Board 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, Restricted Subsidiary desirable in the conduct of the business of the Issuer or any Subsidiary of the Issuersuch Restricted Subsidiary, and if such discontinuance or disposal is not would not, individually or in the aggregate, have a material adverse effect on the ability of the Issuers to perform each of their respective obligations hereunder; provided, further, that nothing in this Section 4.05 shall prevent the Issuer or any material respect of its Restricted Subsidiaries from discontinuing or disposing of any properties to the Holdersextent otherwise permitted by this Indenture. (b) The Issuer shall maintain, and shall cause its respective Restricted Subsidiaries to maintain, insurance with responsible carriers against such risks and in such amounts, and with such deductibles, retentions, self-insured amounts and co-insurance provisions, as are customarily carried by corporations operating assets similar businesses of a similar nature in the same or similar localitiessize, including property and casualty loss, workers’ compensation and interruption of business insurance.

Maintenance of Properties and Insurance. (a) The Issuer shall cause all material properties owned by or leased by it or any of its Restricted Subsidiaries used or useful to the conduct of the Issuer’s its business or the business of any of its Restricted Subsidiaries to be maintained and kept in normal condition, repair and working order and supplied with all necessary equipment and shall cause to be made all necessary repairs, renewals, replacements, and betterments and improvements thereof, all as in its judgment may be necessary, so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that nothing in this Section 4.09(a) 4.05 shall prevent the Issuer or any of its Restricted Subsidiaries from discontinuing the use, operation or maintenance of any of such properties, or disposing of any of them, if such discontinuance or disposal is, in the judgment of the Board 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, Restricted Subsidiary desirable in the conduct of the business of the Issuer or any Subsidiary such Restricted Subsidiary; provided further, that nothing in this Section 4.05 shall prevent the Issuer or any of the Issuer, and if such discontinuance its Restricted Subsidiaries from discontinuing or disposal is not adverse in disposing of any material respect properties to the Holdersextent otherwise permitted by this Indenture. (b) The Issuer shall maintain, and shall cause its respective Restricted Subsidiaries to maintain, insurance with responsible carriers against such risks and in such amounts, and with such deductibles, retentions, self-self insured amounts and co-insurance provisions, as are customarily carried appropriate for a business of this type and size as determined in good faith by corporations operating assets of a similar nature in the same or similar localities, including property and casualty loss, workers’ compensation and interruption of business insuranceIssuer.

Maintenance of Properties and Insurance. (a) The Issuer shall cause all material properties owned by or leased by it or any of its Restricted Subsidiaries used or useful to the conduct of the Issuer’s its business or the business of any of its Subsidiaries Restricted Subsidiaries, taken as a whole, to be maintained and kept in normal condition, repair and working order and supplied with all necessary equipment and shall cause to be made all necessary repairs, renewals, replacements, and betterments and improvements thereof, all as in its judgment may be necessary, so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that that, subject to Section 4.19 nothing in this Section 4.09(a) 4.7 shall prevent the Issuer or any of its Restricted Subsidiaries from discontinuing the use, operation or maintenance of any of such properties, or disposing of any of them, if such discontinuance or disposal is, in the judgment of the Board 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, Restricted Subsidiary desirable in the conduct of the business of the Issuer or any Subsidiary of the Issuersuch Restricted Subsidiary, and if such discontinuance or disposal is not adverse in any material respect to the Holders; provided further that nothing in this Section 4.7 shall prevent the Issuer or any of its Restricted Subsidiaries from discontinuing or disposing of any properties to the extent otherwise permitted by this Indenture. (b) The Issuer shall maintain, and shall cause its respective Restricted Subsidiaries to maintain, insurance with responsible carriers against such risks and in such amounts, and with such deductibles, retentions, self-insured amounts and co-insurance provisions, as are are, in the reasonable judgment, customarily carried by corporations operating assets similar businesses of a similar nature in the same or similar localitiessize, including property and casualty loss, workers’ ' compensation and interruption of business insurance.

Maintenance of Properties and Insurance. (a) The Issuer shall cause all material properties owned by or leased by it or any of its Restricted Subsidiaries used or useful to the conduct of the Issuer’s its business or the business of any of its Subsidiaries Restricted Subsidiaries, taken as a whole, to be maintained and kept in normal condition, repair and working order and supplied with all necessary equipment and shall cause to be made all necessary repairs, renewals, replacements, and betterments and improvements thereof, all as in its judgment may be necessary, so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that that, nothing in this Section 4.09(a) 4.7 shall prevent the Issuer or any of its Restricted Subsidiaries from discontinuing the use, operation or maintenance of any of such properties, or disposing of any of them, if such discontinuance or disposal is, in the judgment of the Board 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, Restricted Subsidiary desirable in the conduct of the business of the Issuer or any Subsidiary of the Issuersuch Restricted Subsidiary, and if such discontinuance or disposal is not adverse in any material respect to the Holders; provided further that nothing in this Section 4.7 shall prevent the Issuer or any of its Restricted Subsidiaries from discontinuing or disposing of any properties to the extent otherwise permitted by this Indenture. (b) The Issuer shall maintain, and shall cause its respective Restricted Subsidiaries to maintain, insurance with responsible carriers against such risks and in such amounts, and with such deductibles, retentions, self-insured amounts and co-insurance provisions, as are are, in the reasonable judgment, customarily carried by corporations operating assets similar businesses of a similar nature in the same or similar localitiessize, including property and casualty loss, workers’ compensation and interruption of business insurance.

Maintenance of Properties and Insurance. (a) The Issuer shall cause all material properties owned by or leased by it or any of its Restricted Subsidiaries used or useful to the conduct of the Issuer’s its business or the business of any of its Subsidiaries Restricted Subsidiaries, taken as a whole, to be maintained and kept in normal condition, repair and working order and supplied with all necessary equipment and shall cause to be made all necessary repairs, renewals, replacements, and betterments and improvements thereof, all as in its judgment may be necessary, so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that that, subject to Section 4.22 nothing in this Section 4.09(a) 4.7 shall prevent the Issuer or any of its Restricted Subsidiaries from discontinuing the use, operation or maintenance of any of such properties, or disposing of any of them, if such discontinuance or disposal is, in the judgment of the Board 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, Restricted Subsidiary desirable in the conduct of the business of the Issuer or any Subsidiary of the Issuersuch Restricted Subsidiary, and if such discontinuance or disposal is not adverse in any material respect to the Holders; provided further that nothing in this Section 4.7 shall prevent the Issuer or any of its Restricted Subsidiaries from discontinuing or disposing of any properties to the extent otherwise permitted by this Indenture. (b) The Issuer shall maintain, and shall cause its respective Restricted Subsidiaries to maintain, insurance with responsible carriers against such risks and in such amounts, and with such deductibles, retentions, self-insured amounts and co-insurance provisions, as are are, in the reasonable judgment, customarily carried by corporations operating assets similar businesses of a similar nature in the same or similar localitiessize, including property and casualty loss, workers’ compensation and interruption of business insurance.

Maintenance of Properties and Insurance. (a) The Issuer Company shall cause all material properties owned by or leased by it or any of its Restricted Subsidiaries used or useful to the conduct of the Issuer’s its business or the business of any of its Restricted Subsidiaries to be maintained and kept in normal condition, repair and working order and supplied with all necessary equipment and shall cause to be made all necessary repairs, renewals, replacements, and betterments and improvements thereof, all as in its judgment may be necessary, so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that nothing in this Section 4.09(a) 4.05 shall prevent the Issuer Company or any of its Restricted Subsidiaries from discontinuing the use, operation or maintenance of any of such properties, or disposing of any of them, if such discontinuance or disposal is, in the judgment of the Board 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 Company or any of its Subsidiaries having managerial responsibility for any such property, Restricted Subsidiary desirable in the conduct of the business of the Issuer Company or any Subsidiary of the Issuersuch Restricted Subsidiary, and if such discontinuance or disposal is not would not, individually or in the aggregate, have a material adverse effect on the ability of the Company or the Guarantors to perform each of their respective obligations hereunder; provided further, however, that nothing in this Section 4.05 shall prevent the Company or any material respect of its Restricted Subsidiaries from discontinuing or disposing of any properties to the Holdersextent otherwise permitted by this Indenture. (b) The Issuer Company shall maintain, and shall cause its respective Restricted Subsidiaries to maintain, insurance with responsible carriers against such risks and in such amounts, and with such deductibles, retentions, self-insured amounts and co-insurance provisions, as are customarily carried by corporations operating assets similar businesses of a similar nature in the same or similar localitiessize, including property and casualty loss, workers’ ' compensation and interruption of business insurance.

Maintenance of Properties and Insurance. (a) The Issuer parent shall cause all material properties owned by or leased by it or any of its Restricted Subsidiaries used or useful to the conduct of the Issuer’s its business or the business of any of its Subsidiaries Restricted Subsidiaries, taken as a whole, to be maintained and kept in normal condition, repair and working order and supplied with all necessary equipment and shall cause to be made all necessary repairs, renewals, replacements, and betterments and improvements thereof, all as in its judgment may be necessary, so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that nothing in this Section 4.09(a) 4.7 shall prevent the Issuer Parent or any of its Restricted Subsidiaries from discontinuing the use, operation or maintenance of any of such properties, or disposing of any of them, if such discontinuance or disposal is, in the judgment of the Board 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 Parent or any of its Subsidiaries having managerial responsibility for any such property, Restricted Subsidiary desirable in the conduct of the business of the Issuer Parent or any Subsidiary of the Issuersuch Restricted Subsidiary, and if such discontinuance or disposal is not adverse in any material respect to the Holders; provided further that nothing in this Section 4.7 shall prevent the Parent or any of its Restricted Subsidiaries from discontinuing or disposing of any properties to the extent otherwise permitted by this Indenture. (b) The Issuer Parent shall maintain, and shall cause its respective Restricted Subsidiaries to maintain, insurance with responsible carriers against such risks and in such amounts, and with such deductibles, retentions, self-insured amounts and co-insurance provisions, as are are, in the Parent’s reasonable judgment, customarily carried by corporations operating assets similar businesses of a similar nature in the same or similar localitiessize, including property and casualty loss, workers’ compensation and interruption of business insurance.

Maintenance of Properties and Insurance. (a) The Issuer Company shall cause all material properties owned by or leased by it or any of its Subsidiaries used or useful to the conduct of the Issuer’s its business or the business of any of its Subsidiaries Subsidiaries, taken as a whole, to be maintained and kept in normal condition, repair and working order (ordinary wear and tear and damage by casualty excepted) and supplied with all necessary equipment and shall cause to be made all necessary repairs, renewals, replacements, and betterments and improvements thereof, all as in its judgment may be necessary, so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that nothing in this Section 4.09(a) 4.5 shall prevent the Issuer Company or any of its Subsidiaries from discontinuing the use, operation or maintenance of any of such properties, or disposing of any of them, if such discontinuance or disposal is, in the judgment of the Board of Directors or Managers 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 Company or any of its Subsidiaries having managerial responsibility for any such property, Subsidiary desirable in the conduct of the business of the Issuer Company or any Subsidiary such Subsidiary; provided, further, that nothing in this Section 4.5 shall prevent the Company or any of the Issuer, and if such discontinuance its Subsidiaries from discontinuing or disposal is not adverse in disposing of any material respect properties to the Holdersextent otherwise permitted by this Indenture. (b) The Issuer Company shall maintain, and shall cause its respective Subsidiaries to maintain, insurance with responsible carriers against such risks and in such amounts, and with such deductibles, retentions, self-insured amounts and co-insurance provisions, as are are, in the Company's reasonable judgment, customarily carried by corporations operating assets similar businesses of a similar nature in the same or similar localitiessize, including property and casualty loss, workers’ ' compensation and interruption of business insurance.

Maintenance of Properties and Insurance. (a) The Issuer shall cause all material properties owned by or leased by it or any of its Restricted Subsidiaries used or useful to the conduct of the Issuer’s its business or the business of any of its Restricted Subsidiaries to be maintained and kept in normal condition, repair and working order and supplied with all necessary equipment and shall cause to be made all necessary repairs, renewals, replacements, and betterments and improvements thereof, all as in its judgment may be necessary, so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that nothing in this Section 4.09(a) 4.05 shall prevent the Issuer or any of its Restricted Subsidiaries from discontinuing the use, operation or maintenance of any of such properties, or disposing of any of them, if such discontinuance or disposal is, in the judgment of the Board 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, Restricted Subsidiary desirable in the conduct of the business of the Issuer or any Subsidiary such Restricted Subsidiary; provided, further, that nothing in this Section 4.05 shall prevent the Issuer or any of the Issuer, and if such discontinuance its Restricted Subsidiaries from discontinuing or disposal is not adverse in disposing of any material respect properties to the Holdersextent otherwise permitted by this Indenture. (b) The Issuer shall maintain, and shall cause its respective Restricted Subsidiaries to maintain, insurance with responsible carriers against such risks and in such amounts, and with such deductibles, retentions, self-self insured amounts and co-insurance provisions, as are customarily carried appropriate for a business of this type and size as determined in good faith by corporations operating assets of a similar nature in the same or similar localitiesIssuer, including property and casualty loss, workers’ ' compensation and interruption of business insurance.

Maintenance of Properties and Insurance. (a) The Issuer Company shall cause all material properties owned by or leased by it or any of its Restricted Subsidiaries used or useful to the conduct of the Issuer’s its business or the business of any of its Subsidiaries Restricted Subsidiaries, taken as a whole, to be maintained and kept in normal condition, repair and working order and supplied with all necessary equipment and shall cause to be made all necessary repairs, renewals, replacements, and betterments and improvements thereof, all as in its judgment may be necessary, so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that nothing in this Section 4.09(a) 4.7 shall prevent the Issuer Company or any of its Restricted Subsidiaries from discontinuing the use, operation or maintenance of any of such properties, or disposing of any of them, if such discontinuance or disposal is, in the judgment of the Board 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 Company or any of its Subsidiaries having managerial responsibility for any such property, Restricted Subsidiary desirable in the conduct of the business of the Issuer Company or any Subsidiary of the Issuersuch Restricted Subsidiary, and if such discontinuance or disposal is not adverse in any material respect to the Holders; provided further that nothing in this Section 4.7 shall prevent the Company or any of its Restricted Subsidiaries from discontinuing or disposing of any properties to the extent otherwise permitted by this Indenture. (b) The Issuer Company shall maintain, and shall cause its respective Restricted Subsidiaries to maintain, insurance with responsible carriers against such risks and in such amounts, and with such deductibles, retentions, self-insured amounts and co-insurance provisions, as are are, in the Company's reasonable judgment, customarily carried by corporations operating assets similar businesses of a similar nature in the same or similar localitiessize, including property and casualty loss, workers’ ' compensation and interruption of business insurance.

Maintenance of Properties and Insurance. (a) The Issuer shall cause all material properties owned by or leased by it or any of its Restricted Subsidiaries used or useful to the conduct of the Issuer’s its business or the business of any of its Restricted Subsidiaries to be maintained and kept in normal condition, repair and working order and supplied with all necessary equipment and shall cause to be made all necessary repairs, renewals, replacements, replacements and betterments and improvements thereof, all as in its judgment may be necessary, so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that nothing in this Section 4.09(a) 4.05 shall prevent the Issuer or any of its Restricted Subsidiaries from discontinuing the use, operation or maintenance of any of such properties, or disposing of any of them, if such discontinuance or disposal is, in the judgment of the Board 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 propertyRestricted Subsidiary, desirable in the conduct of the business of the Issuer or any such Restricted Subsidiary of the Issuer, and if such discontinuance or disposal is not would not, individually or in the aggregate, have a material adverse effect on the ability of the Issuer 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 material respect of its Restricted Subsidiaries from discontinuing or disposing of any properties to the Holdersextent otherwise permitted by this Indenture. (b) The Issuer shall maintain, and shall cause its respective Restricted Subsidiaries to maintain, insurance with responsible carriers against such risks and in such amounts, and with such deductibles, retentions, self-insured amounts and co-insurance provisions, as are customarily carried by corporations operating assets similar businesses of a similar nature in the same or similar localitiessize, including property and casualty loss, workers’ compensation and interruption of business insurance.

Maintenance of Properties and Insurance. (a) The Issuer Company shall cause all material MATERIAL properties owned by or leased by it or any of its Restricted Subsidiaries used or useful to the conduct of the Issuer’s its business or the business of any of its Subsidiaries Restricted Subsidiaries, taken as a whole, to be maintained and kept in normal condition, repair and working order and supplied with all necessary equipment and shall cause to be made all necessary repairs, renewals, replacements, and betterments and improvements thereof, all as in its judgment may be necessary, so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that -------- ------- nothing in this Section 4.09(a) 4.7 shall prevent the Issuer Company or any of its Restricted Subsidiaries from discontinuing the use, operation or maintenance of any of such properties, or disposing of any of them, if such discontinuance or disposal is, in the judgment of the Board 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 Company or any of its Subsidiaries having managerial responsibility for any such property, Restricted Subsidiary desirable in the conduct of the business of the Issuer Company or any Subsidiary of the Issuersuch Restricted Subsidiary, and if such discontinuance or disposal is not adverse in any material respect to the Holders; provided further that nothing in this -------- ------- Section 4.7 shall prevent the Company or any of its Restricted Subsidiaries from discontinuing or disposing of any properties to the extent otherwise permitted by this Indenture. (b) The Issuer Company shall maintain, and shall cause its respective Restricted Subsidiaries to maintain, insurance with responsible carriers against such risks and in such amounts, and with such deductibles, retentions, self-insured amounts and co-insurance provisions, as are are, in the Company's reasonable judgment, customarily carried by corporations operating assets similar businesses of a similar nature in the same or similar localitiessize, including property and casualty loss, workers’ ' compensation and interruption of business insurance.

Maintenance of Properties and Insurance. (a) The Each Issuer shall cause all material properties owned by or leased by it or any of its Restricted Subsidiaries used or useful to the conduct of the Issuer’s its business or the business busi- ness of any of its Restricted Subsidiaries to be maintained and kept in normal condition, repair and working order and supplied with all necessary equipment and shall cause to be made all necessary repairs, renewals, replacements, and betterments and improvements thereof, all as in its judgment may be necessary, so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that nothing in this Section 4.09(a) 4.05 shall prevent the either Issuer or any of its Subsidiaries from discontinuing the use, operation or maintenance of any of such properties, or disposing of any of them, if such discontinuance or disposal is, in the judgment of the Board 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 such Issuer or any of its Subsidiaries having managerial responsibility for any such property, Restricted Subsidiary desirable in the conduct of the business of the such Issuer or any Subsidiary of the Issuersuch Restricted Subsidiary, and if such discontinuance or disposal is not would not, individually or in the aggregate, have a material adverse effect on the ability of the Issuers to perform their obligations hereunder; provided further, however, that nothing in this Section 4.05 shall prevent either Issuer or any material respect of its Restricted Subsidiaries from discontinuing or disposing of any properties to the Holdersextent otherwise permitted by this Indenture. (b) The Issuer Company shall maintainensure that it is covered by, and shall cause ensure that each of its respective Restricted Subsidiaries to maintain, is covered by insurance with provided by responsible carriers against such risks and in such amounts, and with such deductibles, retentions, self-insured amounts and co-insurance provisions, as are customarily carried by corporations operating assets similar businesses of a similar nature in the same or similar localitiessize, including property and casualty loss, workers’ ' compensation and interruption of business insurance.

Maintenance of Properties and Insurance. (a) The Issuer Borrower shall cause all material properties owned by or leased by it or any of its Restricted Subsidiaries used or useful to the conduct of the Issuer’s its business or the business of any of its Restricted Subsidiaries to be maintained and kept in normal condition, repair and working order and supplied with all necessary equipment and shall cause to be made all necessary repairs, renewals, replacements, and betterments and improvements thereof, all as in its judgment may be necessary, so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that nothing in this Section 4.09(a) 6.03 shall prevent the Issuer Borrower or any of its Restricted Subsidiaries from discontinuing the use, operation or maintenance of any of such properties, or disposing of any of them, if such discontinuance or disposal is, in the judgment of the Board of Directors management 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 Borrower or any of its Subsidiaries having managerial responsibility for any such property, Restricted Subsidiary desirable in the conduct of the business of the Issuer Borrower or any Subsidiary such Restricted Subsidiary; provided further that nothing in this Section 6.03 shall prevent the Borrower or any of the Issuer, and if such discontinuance its Restricted Subsidiaries from discontinuing or disposal is not adverse in disposing of any material respect properties to the Holdersextent otherwise permitted by this Agreement. (b) The Issuer Borrower shall maintain, and shall cause its respective Restricted Subsidiaries to maintain, insurance with responsible carriers against such risks and in such amounts, and with such deductibles, retentions, self-insured amounts and co-insurance provisions, as are customarily carried by corporations operating assets similar businesses of a similar nature in the same or similar localitiessize, including property and casualty loss, workers’ compensation and interruption of business insurance.

Maintenance of Properties and Insurance. (a) The Issuer Company shall cause all material properties owned by or leased by it or any of its Restricted Subsidiaries used or useful to the conduct of the Issuer’s its business or the business of any of its Subsidiaries Restricted Subsidiaries, taken as a whole, to be maintained and kept in normal condition, repair and working order and supplied with all necessary equipment and shall cause to be made all necessary repairs, renewals, replacements, and betterments and improvements thereof, all as in its judgment may be necessary, so that the business carried on in connection therewith may be properly and advantageously conducted at all times; providedPROVIDED, howeverHOWEVER, that nothing in this Section 4.09(a) 4.07 shall prevent the Issuer Company or any of its Restricted Subsidiaries from discontinuing the use, operation or maintenance of any of such properties, or disposing of any of them, if such discontinuance or disposal is, in the judgment of the Board 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 Company or any of its Subsidiaries having managerial responsibility for any such property, Restricted Subsidiary desirable in the conduct of the business of the Issuer Company or any Subsidiary of the Issuersuch Restricted Subsidiary, and if such discontinuance or disposal is not adverse in any material respect to the Holders; PROVIDED, FURTHER, that nothing in this Section 4.07 shall prevent the Company or any of its Restricted Subsidiaries from discontinuing or disposing of any properties to the extent otherwise permitted by this Indenture. (b) The Issuer Company shall maintain, and shall cause its respective Restricted Subsidiaries to maintain, insurance with responsible carriers against such risks and in such amounts, and with such deductibles, retentions, self-insured amounts and co-insurance provisions, as are are, in the Company's reasonable judgment, customarily carried by corporations operating assets similar businesses of a similar nature in the same or similar localitiessize, including property and casualty loss, workers’ ' compensation and interruption of business insurance.

Maintenance of Properties and Insurance. (a1) The Issuer Company shall cause all material properties owned by or leased by it or any of its the Restricted Subsidiaries used or useful to in the conduct of the Issuer’s its business or the business of any of its the Restricted Subsidiaries to be improved or maintained and kept in 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 its judgment may be necessary, so that the business carried on in connection therewith may be properly and advantageously conducted at all times; providedPROVIDED, howeverHOWEVER, that nothing in this Section 4.09(a) 4.07 shall prevent the Issuer Company or any of its the Restricted Subsidiaries from discontinuing the use, operation or maintenance of any of such properties, or disposing of any of them, if such discontinuance or disposal is, in the judgment of the Board of Directors of the Issuer Company or of the Board of Directors of any Subsidiary of the Issuer concernedRestricted Subsidiary, or of an Officer officer (or other agent employed by the Issuer Company or of any of its the Restricted Subsidiaries) of the Issuer 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 Subsidiary of the IssuerRestricted Subsidiary, and if such discontinuance or disposal is not adverse in any material respect to the Holders. (b2) The Issuer Company shall maintain, and shall cause its respective the Restricted Subsidiaries to maintain, insurance with responsible carriers against such risks and in such amounts, and with such deductibles, retentions, self-insured amounts and co-insurance provisions, as are customarily carried by corporations operating assets similar businesses of a similar nature in the same or similar localitiessize, including property and casualty loss, workers’ ' compensation and interruption of business insurance.