Maintenance of Properties and Insurance. (a) The Company shall, and shall cause each of its Restricted Subsidiaries to, maintain its properties in good working order and condition in all material respects (subject to ordinary wear and tear) and make all necessary repairs, renewals, replacements, additions, betterments and improvements thereto and actively conduct and carry on its business; provided, however, that nothing in this Section 4.05 shall prevent the Company or any of its Restricted Subsidiaries from discontinuing the operation and maintenance of any of its properties if such discontinuance is, in the good faith judgment of the Board of Directors or other governing body of the Company or the Subsidiary concerned, as the case may be, desirable in the conduct of its businesses and is not disadvantageous in any material respect to the Holders.
Appears in 11 contracts
Samples: Registration Rights Agreement (Broadview Networks Holdings Inc), Indenture, (Atlantic Express Transportation Corp), Indenture, (Broadview Networks Holdings Inc)
Maintenance of Properties and Insurance. (a) The Company shall, and shall cause each of its Restricted Subsidiaries to, maintain its material properties in good working order and condition in all material respects (subject to ordinary wear and tear) and make all necessary repairs, renewals, replacements, additions, betterments and improvements thereto and actively conduct and carry on its business; provided, however, that nothing in this Section 4.05 shall prevent the Company or any of its Restricted Subsidiaries from discontinuing the operation and maintenance of any of its properties properties, if such discontinuance is, in the good faith judgment of the Board of Directors or other governing body of the Company or the Subsidiary concernedRestricted Subsidiary, as the case may be, desirable in the conduct of its their respective businesses and is not disadvantageous in any material respect to the Holders.
Appears in 6 contracts
Samples: Supplemental Indenture (Del Monte Foods Co), Indenture (Del Monte Foods Co), Indenture (Del Monte Foods Co)
Maintenance of Properties and Insurance. (a) The Company shall, and shall cause each of its Restricted Subsidiaries to, maintain its material properties in good working order and normal condition in all material respects (subject to ordinary wear and tear) and make all reasonably necessary repairs, renewals, replacements, additions, betterments renewals or replacements thereto as in the judgment of the Company may be reasonably necessary to the conduct of the business of the Company and improvements thereto and actively conduct and carry on its businessSubsidiaries; provided, however, that nothing in this Section 4.05 4.06 shall prevent the Company or any of its Restricted Subsidiaries from discontinuing the operation and maintenance of any of its properties properties, if such discontinuance isproperties are, in the reasonable and good faith judgment of the Board of Directors or other governing body of the Company or the Subsidiary concernedSubsidiary, as the case may be, desirable no longer reasonably necessary in the conduct of its businesses and is not disadvantageous in any material respect to the Holderstheir respective businesses.
Appears in 5 contracts
Samples: Indenture (Capstar Broadcasting Partners Inc), Indenture (Chancellor Radio Broadcasting Co), Indenture (Capstar Broadcasting Partners Inc)
Maintenance of Properties and Insurance. (a) The Company shall, and shall cause each of its Restricted Subsidiaries to, maintain its properties in good working order and condition in all material respects (subject to ordinary wear and tear) and make all necessary repairs, renewals, replacements, additions, betterments and improvements thereto and actively conduct and carry on its business; provided, however, that nothing in this Section 4.05 shall prevent the Company or any of its Restricted Subsidiaries from discontinuing the operation and maintenance of any of its properties if such discontinuance is, in the good faith judgment of the Board of Directors or other governing body of the Company or the Subsidiary concerned, as the case may be, desirable in the conduct of its businesses and is not disadvantageous in any material respect to the Holders.
Appears in 5 contracts
Samples: Pledge Agreement (Coinmach Service Corp), Coinmach Laundry Corp, Coinmach Corp
Maintenance of Properties and Insurance. (a) The Company shall, and shall cause each of its Restricted Subsidiaries to, maintain its material properties in good working order and normal condition in all material respects (subject to ordinary wear and tear) and make all reasonably necessary repairs, renewals, replacements, additions, betterments renewals or replacements thereto as in the judgment of the Company may be reasonably necessary to the conduct of the business of the Company and improvements thereto and actively conduct and carry on its businessRestricted Subsidiaries; provided, however, that nothing in this Section 4.05 4.19 shall prevent the Company or any of its Restricted Subsidiaries from discontinuing the operation and maintenance of any of its properties properties, if such discontinuance isproperties are, in the reasonable and good faith judgment of the Board of Directors or other governing body of the Company or the Subsidiary concernedRestricted Subsidiary, as the case may be, desirable no longer reasonably necessary in the conduct of its businesses and is not disadvantageous in any material respect to the Holderstheir respective businesses.
Appears in 4 contracts
Samples: Indenture (Lin Television Corp), Lin Television Corp, Lin Television Corp
Maintenance of Properties and Insurance. (a) The Company shall, and shall cause each of its Restricted Subsidiaries to, maintain its material properties in good working order and condition in all material respects (subject to ordinary wear and tear) and make all necessary repairs, renewals, replacements, additions, betterments and improvements thereto and actively conduct and carry on its business; provided, however, that nothing in this Section 4.05 4.16 shall prevent the Company or any of its Restricted Subsidiaries from discontinuing the operation and maintenance of any of its properties properties, if such discontinuance is, in the good faith judgment of the Board of Directors or other governing body of the Company or the Subsidiary concernedRestricted Subsidiary, as the case may be, desirable in the conduct of its their respective businesses and is not disadvantageous in any material respect to the Holders.
Appears in 3 contracts
Samples: Fisher Scientific International Inc, Eye Care Centers of America Inc, Fisher Scientific International Inc
Maintenance of Properties and Insurance. (a) The Company shall, and shall cause each of its Restricted Subsidiaries to, maintain its material properties in good working order and normal condition in all material respects (subject to ordinary wear and tear) and make all reasonably necessary repairs, renewals, replacements, additions, betterments renewals or replacements thereto as in the judgment of the Company may be reasonably necessary to the conduct of the business of the Company and improvements thereto and actively conduct and carry on its businessRestricted Subsidiaries; provided, however, that nothing in this Section 4.05 4.18 shall prevent the Company or any of its Restricted Subsidiaries from discontinuing the operation and maintenance of any of its properties properties, if such discontinuance isproperties are, in the reasonable and good faith judgment of the Board of Directors or other governing body of the Company or the Subsidiary concernedRestricted Subsidiary, as the case may be, desirable no longer reasonably necessary in the conduct of its businesses and is not disadvantageous in any material respect to the Holderstheir respective businesses.
Appears in 3 contracts
Samples: Indenture (Lin Tv Corp.), Indenture (Lin Tv Corp), Homco Puerto Rico Inc
Maintenance of Properties and Insurance. (a) The Company shall, and shall cause each of its Restricted Subsidiaries to, maintain its all material properties in good working order and condition in all material respects (subject to ordinary wear and tear) and make all necessary repairs, renewals, replacements, additions, betterments and improvements thereto and actively conduct and carry on its business; provided, however, that nothing in this Section 4.05 5.16 shall prevent the Company or any of its Restricted Subsidiaries from discontinuing the operation and maintenance of any of its properties if such discontinuance is, in the good faith judgment of the Board of Directors or other governing body of the Company or the Subsidiary concerned, as the case may be, desirable in the conduct of its businesses business and is not disadvantageous in any material respect to the Holders.
Appears in 2 contracts
Samples: First Supplemental Indenture (Akoustis Technologies, Inc.), Indenture (Akoustis Technologies, Inc.)
Maintenance of Properties and Insurance. (a) The Company shall, and shall cause each of its Restricted Subsidiaries to, maintain its properties in good working order and condition in all material respects (subject to ordinary wear and tear) and make all necessary repairs, renewals, replacements, additions, betterments and improvements thereto and actively conduct and carry on its businessthereto; provided, however, that nothing in this Section 4.05 shall prevent the Company or any of its Restricted Subsidiaries from discontinuing the operation and maintenance of any of its properties if such discontinuance is, in the good faith judgment of the Board of Directors or other governing body of the Company or the Subsidiary concerned, as the case may be, desirable in the conduct of its businesses and is could not disadvantageous in any material respect reasonably be expected to the Holdershave a Material Adverse Effect.
Appears in 2 contracts
Samples: McLeodUSA Holdings Inc, McLeodusa Inc
Maintenance of Properties and Insurance. (a) The Company shall, and shall cause each of its Restricted Subsidiaries to, maintain its all material properties in good working order and condition in all material respects (subject to ordinary wear and tear) and make all necessary repairs, renewals, replacements, additions, betterments and improvements thereto and actively conduct and carry on its business; provided, however, that nothing in this Section 4.05 5.16 shall prevent the Company or any of its Restricted Subsidiaries from discontinuing the operation and maintenance of any of its properties if such discontinuance is, in the good faith judgment of the Board of Directors or other governing body of the Company or the Restricted Subsidiary concerned, as the case may be, desirable in the conduct of its businesses business and is not disadvantageous in any material respect to the Holders.
Appears in 2 contracts
Samples: Indenture (Nova Biosource Fuels, Inc.), Indenture (Nova Biosource Fuels, Inc.)
Maintenance of Properties and Insurance. (a) The Company shall, and shall cause each of its Restricted Subsidiaries to, maintain its material properties in good working order and normal condition in all material respects (subject to ordinary wear and tear) and make all reasonably necessary repairs, renewals, replacements, additions, betterments renewals or replacements thereto as in the judgment of the Company may be reasonably necessary to the conduct of the business of the Company and improvements thereto and actively conduct and carry on its businessSubsidiaries; provided, however, that nothing in this Section 4.05 6.07 shall prevent the Company or any of its Restricted Subsidiaries from discontinuing the operation and maintenance of any of its properties properties, if such discontinuance isproperties are, in the reasonable and good faith judgment of the Board of Directors or other governing body of the Company or the Subsidiary concernedSubsidiary, as the case may be, desirable no longer reasonably necessary in the conduct of its businesses and is not disadvantageous in any material respect to the Holderstheir respective businesses.
Appears in 2 contracts
Samples: Senior Note Purchase Agreement (STC Broadcasting Inc), Securities Purchase Agreement (STC Broadcasting Inc)
Maintenance of Properties and Insurance. (a) The Holdings and the Company shall, and shall cause each of its their respective Restricted Subsidiaries to, maintain its all material properties in good working order and condition in all material respects (subject to ordinary wear and tear) and make all necessary repairs, renewals, replacements, additions, betterments and improvements thereto and actively conduct and carry on its business; provided, however, that nothing in this Section 4.05 shall prevent the Company or any of its Restricted Subsidiaries from discontinuing the operation and maintenance of any of its properties if such discontinuance is, in the good faith judgment of the Board of Directors or other governing body of the Company or the Restricted Subsidiary concerned, as the case may be, desirable in the conduct of its businesses and is not disadvantageous in any material respect to the Holders.
Appears in 2 contracts
Samples: Article Twelve Agreement (Golfsmith International Holdings Inc), Credit Agreement (Golfsmith International Holdings Inc)
Maintenance of Properties and Insurance. (a) The Company shall, and shall cause each of its Restricted Subsidiaries to, maintain its material properties in good working order and condition in all material respects (subject to ordinary wear and tear) and make all necessary repairs, renewals, replacements, additions, betterments and improvements thereto and actively conduct and carry on its business; provided, however, that nothing in -------- ------- this Section 4.05 shall prevent the Company or any of its Restricted Subsidiaries from discontinuing the operation and maintenance of any of its properties properties, if such discontinuance is, in the good faith judgment of the Board of Directors or other governing body of the Company or the Subsidiary concernedRestricted Subsidiary, as the case may be, desirable in the conduct of its their respective businesses and is not disadvantageous in any material respect to the Holders.
Appears in 2 contracts
Samples: Registration Rights Agreement (Therma Wave Inc), Registration Rights Agreement (Therma Wave Inc)
Maintenance of Properties and Insurance. (a) The Company shall, and shall cause each of its Restricted Subsidiaries to, maintain its material properties in good working order and condition in all material respects (subject to ordinary wear and tear) and make all necessary repairs, renewals, replacements, additions, betterments and improvements thereto and actively conduct and carry on its business; provided, however, that -------- ------- nothing in this Section 4.05 shall prevent the Company or any of its Restricted Subsidiaries from discontinuing the operation and maintenance of any of its properties properties, if such discontinuance discontinu- ance is, in the good faith judgment of the Board of Directors or other governing body of the Company or the Subsidiary concernedRestricted Subsidiary, as the case may be, desirable in the conduct of its businesses and is not disadvantageous in any material respect to the Holders.may
Appears in 1 contract
Samples: Collins & Aikman Floor Coverings Inc
Maintenance of Properties and Insurance. (a) The Company shall, and shall cause each of its Restricted Subsidiaries to, maintain its material properties in good working order and condition in all material respects (subject to ordinary wear and tear) and make all necessary repairs, renewals, replacements, additions, betterments and improvements thereto and actively conduct and carry on its business; provided, however, that nothing in this Section 4.05 shall prevent the Company or any of its Restricted Subsidiaries from discontinuing the operation and maintenance of any of its properties properties, if such discontinuance is, in the reasonable good faith judgment of the Board of Directors or other governing body of the Company or the Subsidiary concernedRestricted Subsidiary, as the case may be, desirable in the conduct of the business of the Company and its businesses Restricted Subsidiaries, taken as a whole, and is not disadvantageous in any material respect to the Holders.
Appears in 1 contract
Maintenance of Properties and Insurance. (a) The Company shall, and shall cause each of its Restricted Subsidiaries to, maintain its properties in good working order and condition in all material respects (subject to ordinary wear and tear) ), and make all necessary repairs, renewals, replacements, additions, betterments and improvements thereto and actively conduct and carry on its business; provided, however, that nothing in this Section 4.05 shall prevent the Company or any of its Restricted Subsidiaries from discontinuing the operation and maintenance of any of its properties if such discontinuance is, in the good faith judgment of the Board of Directors or other governing body of the Company or the Restricted Subsidiary concerned, as the case may be, desirable in the conduct of its businesses and is not disadvantageous in any material respect to the Holders.
Appears in 1 contract
Samples: Indenture, (BRPP LLC)
Maintenance of Properties and Insurance. (a) The Company shall, and shall cause each of its Restricted Subsidiaries to, maintain its material properties in good working order and condition in all material respects (subject to ordinary wear and tear) and make all necessary repairs, renewals, replacements, additions, betterments and improvements thereto and actively conduct and carry on its business; provided, however, that nothing in this Section 4.05 shall prevent the Company or any of its Restricted Subsidiaries from discontinuing the operation and maintenance of any of its properties properties, if such discontinuance is, in the good faith judgment of the Board of Directors or other governing body of the Company or the Subsidiary concernedRestricted Subsidiary, as the case may be, desirable in the conduct of the business of the Company and its businesses Restricted Subsidiaries, taken as a whole, and is not disadvantageous in any material respect to the Holders.
Appears in 1 contract
Samples: HCC Industries International
Maintenance of Properties and Insurance. (a) The Company shall, and shall cause each of its Restricted Subsidiaries to, maintain its properties (including by the repair or replacement thereof) in good working order and condition (including by the repair or replacement thereof) in all material respects (subject to ordinary wear and tear) and make all necessary repairs, renewals, replacements, additions, betterments and improvements thereto and actively conduct and carry on its business); provided, however, that that, subject to Section 4.23, nothing in this Section 4.05 shall prevent the Company or any of its Restricted Subsidiaries from discontinuing the operation and maintenance of any of its properties properties, or disposing of them, if such discontinuance or disposal is, in the good faith judgment of the Board of Directors or other governing body of the Company or the Subsidiary concerned, as the case may beCompany, desirable in the conduct of the business of the Company and its businesses and is not disadvantageous in any material respect to the HoldersRestricted Subsidiaries, taken as a whole.
Appears in 1 contract
Maintenance of Properties and Insurance. (a) The Company shall, and shall cause each of its Restricted Subsidiaries to, maintain its material properties in good working order and condition in all material respects (subject to ordinary wear and tear) and make all necessary repairs, renewals, replacements, additions, betterments and improvements thereto and actively conduct and carry on its business; provided, however, that --------- ------- nothing in this Section 4.05 shall prevent the Company or any of its Restricted Subsidiaries from discontinuing the operation and maintenance of any of its properties properties, if such discontinuance is, in the good faith judgment of the Board of Directors or other governing body of the Company or the Subsidiary concernedRestricted Subsidiary, as the case may be, desirable in the conduct of its their respective businesses and is not disadvantageous in any material respect to the Holders.
Appears in 1 contract
Samples: Dade International Inc
Maintenance of Properties and Insurance. (a) The Company shall, and shall cause each of its Restricted Subsidiaries to, maintain its properties in good working order and condition in all material respects (subject to ordinary wear and tear) and make all necessary repairs, renewals, replacements, additions, betterments and improvements thereto and actively conduct and carry on its business; provided, however, that nothing in this Section 4.05 shall prevent the Company or any of its Restricted Subsidiaries from discontinuing the operation and maintenance of any of its properties if such discontinuance is, in the good faith judgment of the Board of Directors or other governing body of the Company or the Subsidiary concerned, as the case may be, desirable in the conduct of its businesses and is would not disadvantageous in any reasonably be expected to have a material respect to adverse effect on the Holdersbusiness operations, assets or financial condition of the Company and its Subsidiaries, taken as a whole.
Appears in 1 contract
Samples: Indenture (Sterling Chemicals Inc)
Maintenance of Properties and Insurance. (a) The Company shall, and shall cause each of its the Restricted Subsidiaries to, maintain its material properties in good working order and condition in all material respects (subject to ordinary wear and tear) and make all reasonably necessary repairs, renewals, replacements, additions, betterments and improvements thereto and to actively conduct and carry on its business; provided, however, that nothing in this Section 4.05 shall prevent the Company or any of its the Restricted Subsidiaries from discontinuing the operation and maintenance of any of its properties properties, if such discontinuance is, in the good faith judgment of the Board of Directors or other governing body of the Company or the Subsidiary concernedsuch Restricted Subsidiary, as the case may be, desirable in the conduct of its their respective businesses and is not disadvantageous in any material respect to the Holders.
Appears in 1 contract
Maintenance of Properties and Insurance. (a) The Company shall, and shall cause each of its Restricted Subsidiaries to, maintain its material properties in good working order and condition in all material respects (subject to ordinary wear and tear) and make all necessary repairs, renewals, replacements, additions, betterments and improvements thereto and to actively conduct and carry on its business; provided, however, that nothing in this Section 4.05 shall prevent the Company or any of its Restricted Subsidiaries from discontinuing the operation and maintenance of any of its properties properties, if such discontinuance is, in the good faith judgment of the Board of Directors or other governing body of the Company or the Subsidiary concernedRestricted Subsidiary, as the case may be, desirable in the conduct of its their respective businesses and is not disadvantageous in any material respect to the Holders.
Appears in 1 contract
Samples: Indenture (Dyncorp)