Maintenance of Properties. The Company will cause all properties used or useful in the conduct of its business or the business of any Subsidiary to be maintained and kept in good condition, repair and working order (reasonable wear and tear excepted) and supplied with all necessary equipment and will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Company may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that nothing in this Section shall prevent the Company from discontinuing the operation or maintenance of any of such properties if such discontinuance is, in the judgment of the Company, desirable in the conduct of its business or the business of any Subsidiary and not disadvantageous in any material respect to the Holders.
Appears in 152 contracts
Samples: Subordinated Indenture (Ring Energy, Inc.), Senior Indenture (Natural Gas Services Group Inc), Subordinated Indenture (Natural Gas Services Group Inc)
Maintenance of Properties. The Company will cause all properties used or useful in the conduct of its business or the business of any Subsidiary to be maintained and kept in good condition, repair and working order (reasonable wear and tear excepted) and supplied with all necessary equipment and will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as as, and to the extent, in the judgment of the Company may be necessary so that the business carried on or appropriate in connection therewith may be properly and advantageously conducted at all timeswith its business; provided, however, that nothing in this Section shall prevent the Company from discontinuing the operation or maintenance of any of such properties if such discontinuance is, in the judgment of the Company, desirable in the conduct of its business or the business of any Subsidiary and not disadvantageous in any material respect to the Holders.
Appears in 63 contracts
Samples: Indenture (Axos Financial, Inc.), Indenture (Axos Financial, Inc.), Indenture (Fat Brands, Inc)
Maintenance of Properties. The Company will cause all material properties owned by the Company or any Restricted Subsidiary or used or useful held for use in the conduct of its business or the business of any Restricted Subsidiary to be maintained and kept in good normal condition, repair and working order (reasonable wear and tear excepted) and supplied with all necessary equipment and will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Company may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that nothing in this Section shall prevent the Company or any of its Restricted Subsidiaries from discontinuing the operation or maintenance of any of such properties if such discontinuance is, in the judgment of the Company, desirable in the conduct of its business or the business of any Restricted Subsidiary and not disadvantageous adverse in any material respect to the Holders.
Appears in 17 contracts
Samples: Indenture (Alliance HealthCare Services, Inc), Indenture (Smithfield Foods Inc), Indenture (Alliance Imaging Inc /De/)
Maintenance of Properties. The Company will cause all its properties used or useful in the conduct of its business or the business of any Subsidiary to be maintained and kept in good condition, repair and working order (reasonable wear and tear excepted) and supplied with all necessary equipment and will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Company may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all timestimes except to the extent that the failure to do so would not materially impair the operations of the Company and its Subsidiaries taken as a whole; provided, however, that nothing in this Section shall prevent or restrict the Company from discontinuing the operation sale, abandonment or maintenance other disposition of any of such properties if such discontinuance action is, in the judgment of the Company, Company desirable in the conduct of its business or the business of any Subsidiary the Company and not disadvantageous in any material respect to the Holders.
Appears in 16 contracts
Samples: Indenture (New Gold Inc. /FI), Indenture (Valens Company, Inc.), Indenture (Field Trip Health Ltd.)
Maintenance of Properties. The Company will cause all properties owned by the Company or any Subsidiary or used or useful held for use in the conduct of its business or the business of any Subsidiary to be maintained and kept in good condition, repair and working order (reasonable wear and tear excepted) and supplied with all necessary equipment and will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Company may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that nothing in this Section shall prevent the Company from discontinuing the operation or maintenance of any of such properties if such discontinuance is, in the judgment of the Company, desirable in the conduct of its business or the business of any Subsidiary and not disadvantageous in any material respect to the Holders.
Appears in 13 contracts
Samples: Exchange and Redemption Agreement (Ciphergen Biosystems Inc), Indenture (Ciphergen Biosystems Inc), Restructuring Agreement (Upc Polska Inc)
Maintenance of Properties. The Company will cause all properties used or useful in the conduct of its business or the business of any Subsidiary of the Company to be maintained and kept in good condition, repair and working order (reasonable wear and tear excepted) and supplied with all necessary equipment and will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Company may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that nothing in this Section shall prevent the Company from discontinuing the operation or maintenance of any of such properties if such discontinuance is, as determined by the Board of Directors in the judgment of the Companygood faith, desirable in the conduct of its business or the business of any Subsidiary and not disadvantageous in any material respect to the Holders.
Appears in 13 contracts
Samples: Indenture (Loews Cineplex Entertainment Corp), Indenture (Liberty Group Publishing Inc), Indenture (Loews Cineplex Entertainment Corp)
Maintenance of Properties. The Company will cause all properties used in or useful in the conduct of its business or the business of any Subsidiary to be maintained and kept in good condition, repair repair, and working order (reasonable wear and tear excepted) and supplied with all necessary equipment and will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Company may be necessary necessary, so that the business carried on in connection therewith may be properly and advantageously conducted at all timestime except to the extent that the Company may be prevented from so doing by circumstances beyond its control; provided, however, that nothing in this Section shall prevent the Company from discontinuing the operation or maintenance of any of such properties properties, or disposing of any of them, if such discontinuance or disposal is, in the judgment of the Company, Company desirable in the conduct of its business or the business of any Subsidiary the Company and not disadvantageous in any material respect to the HoldersSecurityholders.
Appears in 12 contracts
Samples: Senior Indenture (Achieve Life Sciences, Inc.), Senior Indenture (Biolife Solutions Inc), Senior Indenture (Oncogenex Pharmaceuticals, Inc.)
Maintenance of Properties. The Company will cause all properties used in or useful in the conduct of its business or the business of any Subsidiary to be maintained and kept in good condition, repair repair, and working order (reasonable wear and tear excepted) and supplied with all necessary equipment and will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Company may be necessary necessary, so that the business carried on in connection therewith may be properly and advantageously conducted at all timestime except to the extent that the Company may be prevented from so doing by circumstances beyond its control; provided, however, that nothing in this Section shall prevent the Company from discontinuing the operation or maintenance of any of such properties properties, or disposing of any of them, if such discontinuance or disposal is, in the judgment of the Company, Company desirable in the conduct of its business or the business of any Subsidiary the Company and not disadvantageous in any material respect to the HoldersSubordinated Securityholders.
Appears in 11 contracts
Samples: Subordinated Indenture (Achieve Life Sciences, Inc.), Subordinated Indenture (Biolife Solutions Inc), Subordinated Indenture (Oncogenex Pharmaceuticals, Inc.)
Maintenance of Properties. The Company will cause all of its material properties used or useful in the conduct of its business or the business of any Subsidiary to be maintained and kept in good condition, repair and working order (reasonable wear and tear excepted) and supplied with all necessary equipment and will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Company may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that nothing in this Section shall prevent the Company and its Subsidiaries shall not be prevented from discontinuing the operation or and maintenance of any of such properties if such discontinuance is, in the judgment of the Company, desirable in the conduct of its business or the business of any Subsidiary and not disadvantageous in any material respect to the Holders.
Appears in 11 contracts
Samples: Indenture (Carramerica Realty Corp), Indenture (Capitalsource Inc), Indenture (Carramerica Realty Corp)
Maintenance of Properties. The Company will shall cause all material properties owned by the Company or any Restricted Subsidiary or used or useful held for use in the conduct of its business or the business of any Restricted Subsidiary to be maintained and kept in good normal condition, repair and working order (reasonable wear and tear excepted) and supplied with all necessary equipment and will shall cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Company may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that nothing in this Section shall prevent the Company or any of its Restricted Subsidiaries from discontinuing the operation or maintenance of any of such properties if such discontinuance is, in the judgment of the Company, desirable in the conduct of its business or the business of any Restricted Subsidiary and not disadvantageous adverse in any material respect to the Holders.
Appears in 10 contracts
Samples: Indenture (Tango of Arundel, Inc.), Indenture (Cimarex Energy Co), Indenture (Columbus Energy Corp)
Maintenance of Properties. The So long as any of the General Term Notes are Outstanding, the Company will cause all properties used or useful in the conduct of its business or the business of any Subsidiary to be maintained and kept in good condition, repair and working order (reasonable wear and tear excepted) and supplied with all necessary equipment and will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Company may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that nothing in this Section shall prevent the Company from discontinuing the operation or maintenance of any of such properties if such discontinuance is, in the judgment of the Company, desirable in the conduct of its business or the business of any Subsidiary and not disadvantageous in any material respect to the Holders.
Appears in 9 contracts
Samples: Supplemental Indenture (CMS Energy Corp), Fourth Supplemental Indenture (CMS Energy Corp), Seventh Supplemental Indenture (CMS Energy Corp)
Maintenance of Properties. The Company will cause all properties owned by the Company or any Restricted Subsidiary or used or useful held for use in the conduct of its business or the business of any Restricted Subsidiary to be maintained and kept in good condition, repair and working order (reasonable wear and tear excepted) and supplied with all necessary equipment and will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Company may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that nothing in this Section shall prevent the Company from discontinuing the operation or maintenance of any of such properties if such discontinuance is, in the judgment of the Company, desirable in the conduct of its business or the business of any Subsidiary and not disadvantageous in any material respect to the HoldersRestricted Subsidiary.
Appears in 8 contracts
Samples: Indenture (Aircastle LTD), Indenture (Aircastle LTD), Indenture (Reddy Ice Holdings Inc)
Maintenance of Properties. The Company will cause all properties used or useful in the conduct of its business or the business of any Restricted Subsidiary to be maintained and kept in good condition, repair and working order (reasonable wear and tear excepted) and supplied with all necessary equipment and will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Company may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that nothing in this Section shall prevent the Company or any Restricted Subsidiary from discontinuing the operation or maintenance of any of such properties if such discontinuance is, in the judgment of the CompanyCompany or such Restricted Subsidiary, desirable in the conduct of its business or the business of any such Restricted Subsidiary and not disadvantageous in any material respect to the Holders.
Appears in 8 contracts
Samples: Indenture (OM Asset Management PLC), Indenture (OM Asset Management PLC), Indenture (American Tower Corp /Ma/)
Maintenance of Properties. The Company will cause all properties used or useful in the conduct of its business or the business of any Subsidiary to be maintained and kept in good condition, repair and working order (reasonable order, normal wear and tear excepted) , and supplied with all necessary equipment and will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Company may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that nothing in this Section 1006 shall prevent the Company from discontinuing the operation or maintenance of any of such properties properties, or disposing of any of them, if such discontinuance or disposition is, in the judgment of the Company, desirable in the conduct of its business or the business of any Subsidiary and not disadvantageous in any material respect to the HoldersSubsidiary.
Appears in 8 contracts
Samples: Supplemental Indenture (Diamond Offshore Drilling, Inc.), Eighth Supplemental Indenture (Diamond Offshore Drilling Inc), Seventh Supplemental Indenture (Diamond Offshore Drilling Inc)
Maintenance of Properties. The Company will cause all material properties owned by the Company or any of the Restricted Subsidiaries or used or useful held for use in the conduct of its business or the business of any Subsidiary their respective businesses to be maintained and kept in good condition, repair and working order (reasonable wear and tear excepted) and supplied with all necessary equipment and will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Company may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that nothing in this Section shall 10.06 will prevent the Company from discontinuing the operation or maintenance of any of such properties if such discontinuance is, in the judgment of the Company, desirable in the conduct of its business or the business of any Subsidiary of the Restricted Subsidiaries and is not disadvantageous in any material respect to the Holders.
Appears in 8 contracts
Samples: Indenture (Golden Sky DBS Inc), Indenture (Golden Sky Systems Inc), Indenture (Optel Inc)
Maintenance of Properties. The Company will use its reasonable efforts to cause all material properties used or useful in the conduct of its business or the business of any Subsidiary to be maintained and kept in good condition, repair and working order (reasonable subject to wear and tear exceptedtear) and supplied with all necessary material equipment and will use its reasonable efforts to cause to be made all necessary material repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Company may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that nothing in this Section 10.05 shall prevent the Company from discontinuing the operation or maintenance of any of such properties if such discontinuance is, in the judgment of the Company, desirable in the conduct of its business or the business of any Subsidiary and not disadvantageous in any material respect to the Holders.
Appears in 7 contracts
Samples: Indenture (Xl Group PLC), Indenture (Xl Group PLC), Indenture (XL Group Ltd.)
Maintenance of Properties. The Company will use its reasonable efforts to cause all material properties used or useful in the conduct of its business or the business of any Subsidiary to be maintained and kept in good condition, repair and working order (reasonable subject to wear and tear exceptedtear) and supplied with all necessary material equipment and will use its reasonable efforts to cause to be made all necessary material repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Company may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that nothing in this Section section shall prevent the Company from discontinuing the operation or maintenance of any of such properties if such discontinuance is, in the judgment of the Company, desirable in the conduct of its business or the business of any Subsidiary and not disadvantageous in any material respect to the Holders.
Appears in 7 contracts
Samples: Indenture (Delphi Financial Group Inc/De), Indenture (360networks Inc), Indenture (Delphi Financial Group Inc/De)
Maintenance of Properties. The Company will cause all properties owned by the Company or any Subsidiary or used or useful held for use in the conduct of its business or the business of any Subsidiary to be maintained and kept in good condition, repair and working order (reasonable wear and tear excepted) and supplied with all necessary equipment and will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Company may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that nothing in this Section shall -------- ------- prevent the Company from discontinuing the operation or maintenance of any of such properties if such discontinuance is, in the judgment of the Company, desirable in the conduct of its business or the business of any Subsidiary and not disadvantageous in any material respect to the Holders.
Appears in 7 contracts
Samples: Indenture (Applied Extrusion Technologies Inc /De), Indenture (Primus Telecommunications Group Inc), Indenture (Primus Telecommunications Group Inc)
Maintenance of Properties. The Company will cause all material properties used or useful in the conduct of its business or the business of any Subsidiary to be maintained and kept in good condition, repair and working order (reasonable wear and tear excepted) and supplied with all necessary equipment and will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Company may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that nothing in this Section shall prevent the Company from discontinuing the operation or maintenance of any of such properties properties, or disposing of any of them, if such discontinuance or disposal is, in the judgment of the Company, desirable in the conduct of its business or the business of any Subsidiary and not disadvantageous in any material respect to the Holders.
Appears in 7 contracts
Samples: Agency Agreement (Zimmer Biomet Holdings, Inc.), Agency Agreement (Zimmer Biomet Holdings, Inc.), Indenture (Wellpoint, Inc)
Maintenance of Properties. The Company will shall cause all material properties owned by the Company or any of the Restricted Subsidiaries or used or useful held for use in the conduct of its business or the business of any Subsidiary their respective businesses to be maintained and kept in good condition, repair and working order (reasonable wear and tear excepted) and supplied with all necessary equipment and will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Company may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that nothing in this Section shall 10.06 will prevent the Company from discontinuing the operation or maintenance of any of such properties if such discontinuance is, in the judgment of the Company, desirable in the conduct of its business or the business of any Subsidiary of the Restricted Subsidiaries and is not disadvantageous in any material respect to the Holders.
Appears in 7 contracts
Samples: Indenture (Alestra), Indenture (RCN Corp /De/), Indenture (Spincycle Inc)
Maintenance of Properties. The Company will cause all properties used or useful in the conduct of its business or the business of any Subsidiary to be maintained and kept in good condition, repair and working order (reasonable wear and tear excepted) and supplied with in all necessary equipment material respects and will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Company may be necessary so that the business carried on in connection therewith by the Company and its subsidiaries may be properly and advantageously conducted at all times; provided, however, that nothing in this Section shall prevent the Company or a Subsidiary from discontinuing the operation or maintenance of any of such properties if such discontinuance is, in the judgment of the Company, desirable in not materially detrimental to the conduct of its business or the business of any Subsidiary the Company and its Subsidiaries, taken as a whole, and not disadvantageous in any material respect to the Holders.
Appears in 6 contracts
Samples: Indenture (Unit Corp), Indenture (Premier Parks Inc), Indenture (Unit Corp)
Maintenance of Properties. The Company will shall cause all properties owned by the Company or any Subsidiary or used or useful held for use in the conduct of its business or the business of any Subsidiary to be maintained and kept in good condition, repair and working order (reasonable wear and tear excepted) and supplied with all necessary equipment and will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Company may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that nothing in this Section shall prevent the Company from discontinuing the operation or maintenance of any of such properties if such discontinuance is, in the judgment of the Company, desirable in the conduct of its business or the business of any Subsidiary and not disadvantageous in any material respect to the Holders.
Appears in 6 contracts
Samples: Indenture (McCormick & Co Inc), Indenture (McCormick & Co Inc), Indenture (McCormick & Co Inc)
Maintenance of Properties. The Company will cause all properties used or useful in the conduct of its business or the business of any Subsidiary to be maintained and kept in good condition, repair and working order (reasonable order, normal wear and tear excepted) , and supplied with all necessary equipment and will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Company may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that nothing in this Section 9.6 shall prevent the Company from discontinuing the operation or maintenance of any of such properties properties, or disposing of any of them, if such discontinuance or disposition is, in the judgment of the Company, desirable in the conduct of its business or the business of any Subsidiary and not disadvantageous in any material respect to the HoldersSubsidiary.
Appears in 6 contracts
Samples: Subordinated Indenture (Allied Waste Industries Inc), Senior Indenture (Allied Waste Industries Inc), Subordinated Indenture (Allied Waste Industries Inc)
Maintenance of Properties. The Company will cause Cause all properties used or useful in the conduct of its business or the business of any a Specified Subsidiary to be maintained and kept in good condition, repair and working order (reasonable wear and tear excepted) and supplied with all necessary equipment equipment, and will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Company may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that nothing in this Section 6.01(f) shall prevent the Company from discontinuing the operation or maintenance maintenance, or both the operation and maintenance, of any of such properties if such discontinuance is, in the judgment of the Company, desirable in the conduct of its business or the business of any Specified Subsidiary and not disadvantageous in any material respect to the HoldersBanks under this Agreement.
Appears in 6 contracts
Samples: Credit Agreement (Occidental Petroleum Corp /De/), Term Loan Agreement (Occidental Petroleum Corp /De/), Credit Agreement (Occidental Petroleum Corp /De/)
Maintenance of Properties. The Company will shall cause all material properties used or useful in the conduct of its business or the business of any Subsidiary Restricted Subsidiary, taken as a whole, to be maintained and kept in good condition, repair and working order (reasonable regular wear and tear excepted) and supplied with ), in each case in all necessary equipment and will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereofmaterial respects, all as in the judgment of the Company may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that nothing in this Section 10.05 shall prevent the Company from disposing of any asset (subject to compliance with Section 10.14) or from discontinuing the operation or maintenance of any of such material properties if such discontinuance is, as determined by the Company in the judgment of the Companygood faith, desirable in the conduct of its business or the business of any Restricted Subsidiary and not disadvantageous in any material respect to the Holders.
Appears in 6 contracts
Samples: Indenture (Herc Holdings Inc), Indenture (Herc Holdings Inc), Indenture (United Rentals North America Inc)
Maintenance of Properties. The Company will shall cause all properties owned by the Company or any Subsidiary or used or useful held for use in the conduct of its business or the business of any Subsidiary to be maintained and kept in good condition, repair and working order (reasonable wear and tear excepted) and supplied with all necessary equipment and will shall cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Company may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that nothing in this Section shall prevent the Company from discontinuing the operation or maintenance of any of such properties if such discontinuance is, in the judgment of the Company, desirable in the conduct of its business or the business of any Subsidiary and not disadvantageous in any material respect to the Holders.
Appears in 5 contracts
Samples: Indenture (World Access Inc /New/), Indenture (World Access Inc /New/), Indenture (Facilicom International Inc)
Maintenance of Properties. The Company will cause all material properties used or useful in the conduct of its business or the business of any Subsidiary to be maintained and kept in good condition, repair and working order (reasonable normal wear and tear excepted) and supplied with all necessary equipment and will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Company may be necessary necessary, so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that nothing in this Section shall prevent the Company from discontinuing the operation or maintenance of any of such properties properties, or disposing of any of them, if such discontinuance or disposal is, in the judgment of the CompanyBoard of Directors, desirable in the conduct of its business or the business of any Subsidiary and not disadvantageous in any material respect to the HoldersCompany.
Appears in 5 contracts
Samples: Indenture (WPS Resources Corp), Indenture (WPS Resources Corp), Indenture (WPS Resources Corp)
Maintenance of Properties. The Company will cause all material properties of the Company used or useful in the conduct of its business or the business of any Restricted Subsidiary to be maintained and kept in good condition, repair and working order (reasonable wear and tear excepted) and supplied with all necessary equipment and will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Company may be necessary so that the business carried on in connection therewith Company and each Restricted Subsidiary may be properly and advantageously conducted conduct their respective businesses at all times; provided, however, that nothing in this Section shall prevent the Company from selling, abandoning or otherwise disposing of, or discontinuing the operation or maintenance of of, any of such properties if such discontinuance action is, in the judgment of the Company, desirable in the conduct of its business or the business of any Subsidiary and not disadvantageous in any material respect to the HoldersRestricted Subsidiary.
Appears in 5 contracts
Samples: Junior Subordinated Indenture (Fisher Scientific International Inc), Subordinated Indenture (Fisher Scientific International Inc), Senior Indenture (Fisher Scientific International Inc)
Maintenance of Properties. The Company will cause all properties used or useful in the conduct of its business or the business of any Subsidiary to be maintained and kept in good condition, repair and working order (reasonable wear and tear excepted) and supplied with all necessary equipment and will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Company may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that nothing in this Section shall prevent the Company from discontinuing the operation or and maintenance of any of such properties properties, or disposing of any of them, if such discontinuance or disposal is, in the judgment of the CompanyCompany or of the Subsidiary concerned, desirable in the conduct of its business or the business of any Subsidiary and not disadvantageous in any material respect to the Holders.
Appears in 5 contracts
Samples: Trust Indenture (Tribune Co), Indenture (Tribune Co), Indenture (Tribune Co)
Maintenance of Properties. The Company will cause all material properties used or useful in the conduct of its business or the business of any Restricted Subsidiary to be maintained and kept in good condition, repair and working order (reasonable wear and tear excepted) and supplied with all necessary equipment and will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Company may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that nothing in this Section shall prevent the Company from discontinuing the operation or maintenance of any of such material properties if such discontinuance is, as determined by the Board of Directors in the judgment of the Companygood faith, desirable in the conduct of its business or the business of any Restricted Subsidiary and not disadvantageous in any material respect to the Holders.
Appears in 5 contracts
Samples: Senior Serial Redeemable Debt Securities Indenture (Nextel Communications Inc), Senior Serial Redeemable Debt Securities Indenture (Nextel Communications Inc), Indenture (Nextel Communications Inc)
Maintenance of Properties. The Company will cause all material properties owned by the Company or any of the Subsidiaries or used or useful held for use in the conduct of its business or the business of any Subsidiary their respective businesses to be maintained and kept in good condition, repair and working order (reasonable wear and tear excepted) and supplied with all necessary equipment and will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Company may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that nothing in this Section shall 10.06 -------- ------- will prevent the Company from discontinuing the operation or maintenance of any of such properties if such discontinuance is, in the judgment of the Company, desirable in the conduct of its business or the business of any Subsidiary of the Subsidiaries and is not disadvantageous in any material respect to the Holders.
Appears in 5 contracts
Samples: Indenture (Saks Inc), Indenture (Saks Inc), Indenture (Saks Inc)
Maintenance of Properties. The Company will cause all properties used or useful in the conduct of its business or the business of any Subsidiary of the Company to be maintained and kept in good condition, repair repair, and working order (reasonable wear and tear excepted) and supplied with all necessary equipment and will cause to be made all necessary repairs, renewals, replacements, betterments betterments, and improvements thereof, all as in the judgment of the Company may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times; providedPROVIDED, howeverHOWEVER, that nothing in this Section shall 6.05 will prevent the Company from discontinuing the operation or maintenance of any of such properties if such discontinuance is, in the judgment of the Company, desirable in the conduct of its business or the business of any Subsidiary of the Company and will not disadvantageous result in any material respect to the Holdersa Material Adverse Effect.
Appears in 4 contracts
Samples: Indenture (Louisiana Pacific Corp), Indenture (Louisiana Pacific Corp), Indenture (Louisiana Pacific Corp)
Maintenance of Properties. The Company will will, in all material respects, cause all its properties and the properties of its Subsidiaries used or useful in the conduct of its business or the business of any Subsidiary the Company and its Subsidiaries to be maintained and kept in good condition, repair and working order (reasonable wear and tear excepted) and supplied with all necessary equipment and will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Company may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that nothing in this Section shall prevent the Company or a Subsidiary from discontinuing the operation or and maintenance of any of such its properties if such discontinuance is, in the judgment of the Company, desirable in the conduct of its business or the business of any Subsidiary and is not disadvantageous in any material respect to the HoldersDebentureholders.
Appears in 4 contracts
Samples: Indenture (Republic Bancshares Inc), Indenture (Republic Bancshares Inc), Indenture (Republic Bancshares Inc)
Maintenance of Properties. The Company will shall cause all properties used or useful in the conduct of its business or the business of any Restricted Subsidiary of the Company to be maintained and kept in good condition, repair and working order (reasonable wear and tear excepted) and supplied with all necessary equipment and will shall cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Company may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that nothing in this Section shall prevent the Company from discontinuing the operation or maintenance of any of such properties if such discontinuance is, in as determined by the judgment Board of Directors of the CompanyCompany in good faith, desirable in the conduct of its business or the business of any such Restricted Subsidiary and not disadvantageous in any material respect to the Holders.
Appears in 4 contracts
Samples: Indenture (Texas Unwired), Indenture (Texas Unwired), Indenture (Rural Cellular Corp)
Maintenance of Properties. The Company will cause all properties used or useful in the conduct of its business or the business of any Subsidiary of the Company to be maintained and kept in good condition, repair repair, and working order (reasonable wear and tear excepted) and supplied with all necessary equipment and will cause to be made all necessary repairs, renewals, replacements, betterments betterments, and improvements thereof, all as in the judgment of the Company may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that nothing in this Section shall 6.05 will prevent the Company from discontinuing the operation or maintenance of any of such properties if such discontinuance is, in the judgment of the Company, desirable in the conduct of its business or the business of any Subsidiary of the Company and will not disadvantageous result in any material respect to the Holdersa Material Adverse Effect.
Appears in 4 contracts
Samples: Indenture (TrueBlue, Inc.), Indenture (TrueBlue, Inc.), Subordinated Indenture (Extrusion Technology Corp of America)
Maintenance of Properties. The Company will cause all properties used or useful in the conduct of its business or the business of any Significant Subsidiary to be maintained and kept in good condition, repair and working order (reasonable wear and tear excepted) and supplied with all necessary equipment and will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Company may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, provided that nothing in this Section shall prevent the Company from discontinuing the operation or maintenance of of, or disposing of, any of such properties if such discontinuance or disposal is, in the judgment of the Company, desirable in the conduct of its business or the business of any Significant Subsidiary and not disadvantageous in any material respect to the HoldersNoteholders.
Appears in 4 contracts
Samples: Indenture (Agco Corp /De), Indenture (Agco Corp /De), Indenture (Agco Corp /De)
Maintenance of Properties. The Company will cause all of the properties of itself and of each Subsidiary used or useful in the conduct of its business or the business of any Subsidiary to be maintained and kept in good condition, repair and working order (reasonable wear and tear excepted) and supplied with all necessary equipment and will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Company may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that nothing in this Section shall prevent the Company and its Subsidiaries shall not be prevented from discontinuing the operation or and maintenance of any of such properties if such discontinuance is, in the judgment of the Company, desirable in the conduct of its business or the business of any Subsidiary and not disadvantageous in any material respect to the Holders.
Appears in 4 contracts
Samples: Indenture (Advanced Energy Industries Inc), Indenture (Advanced Energy Industries Inc), Indenture (Mindspring Enterprises Inc)
Maintenance of Properties. The Company will cause all properties used or useful in the conduct of its business or the business of any Subsidiary of the Company to be maintained and kept in good condition, repair and working order (reasonable wear and tear excepted) and supplied with all necessary equipment and will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Company may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times; providedPROVIDED, howeverHOWEVER, that nothing in this Section shall prevent the Company from discontinuing the operation or maintenance of any of such properties if such discontinuance is, as determined by the Board of Directors in the judgment of the Companygood faith, desirable in the conduct of its business or the business of any Subsidiary and not disadvantageous in any material respect to the Holders.
Appears in 4 contracts
Samples: Indenture (Eagle Food Centers Inc), Indenture (Heritage Media Corp), Indenture (Staples Inc)
Maintenance of Properties. The Company will cause all properties owned by the Company or any Subsidiary or used or useful held for use in the conduct of its business or the business of any Subsidiary to be maintained and kept in good condition, repair and working order (reasonable wear and tear excepted) and supplied with all necessary equipment and will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Company may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that nothing in this Section shall prevent the Company from discontinuing the operation or maintenance of any of such properties if such discontinuance is, in the judgment of the Company, desirable in the conduct of its business or the business of any Subsidiary and not disadvantageous in any material respect to the HoldersSubsidiary.
Appears in 4 contracts
Samples: Indenture (Aircastle LTD), Indenture (Aircastle LTD), Indenture (Aircastle LTD)
Maintenance of Properties. The Company will cause all properties used or useful in the conduct of its business or the business of any Restricted Subsidiary of the Company to be maintained and kept in good condition, repair and working order (reasonable wear and tear excepted) and supplied with all necessary equipment and will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Company may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that nothing in this Section shall prevent the Company from discontinuing the operation or maintenance of any of such properties if such discontinuance is, as determined by the Board of Directors in the judgment of the Companygood faith, desirable in the conduct of its business or the business of any Restricted Subsidiary and not disadvantageous in any material respect to the Holders.
Appears in 4 contracts
Samples: Indenture (Poindexter J B & Co Inc), Indenture (Western Wireless Corp), Indenture (Universal Brixius Inc)
Maintenance of Properties. The Company will cause all properties owned by the Company or any Subsidiary or used or useful held for use in the conduct of its business or the business of any Subsidiary to be maintained and kept in good condition, repair and working order (reasonable wear and tear excepted) and supplied with all necessary equipment and will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Company may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that nothing in this Section shall prevent the Company or any Subsidiary from discontinuing the operation or maintenance of any of such properties if such discontinuance is, in the judgment of the Companyits Board of Directors, desirable in the conduct of its business or the business of any the Company or such Subsidiary and not disadvantageous in any material respect to the Holders.
Appears in 3 contracts
Samples: Indenture (Wilshire Financial Services Group Inc), Indenture (Resource America Inc), Indenture (Resource America Inc)
Maintenance of Properties. The Company will cause all properties used or useful in the conduct of its business or the business of any Subsidiary to be maintained and kept in good condition, repair and working order (reasonable wear and tear excepted) and supplied with all necessary equipment and will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Company may be necessary so that the business carried on in connection therewith by the Company and its Subsidiaries may be properly and advantageously conducted at all times; providedPROVIDED, howeverHOWEVER, that nothing in this Section shall prevent the Company or a Subsidiary from discontinuing the operation or maintenance of any of such properties if such discontinuance is, in the judgment of the Company, desirable in not materially detrimental to the conduct of its business or the business of any Subsidiary the Company and its Subsidiaries, taken as a whole, and not disadvantageous in any material respect to the Holders.
Appears in 3 contracts
Samples: Indenture (Worthington Industries Inc), Indenture (Worthington Industries Inc), Indenture (Worthington Industries Inc)
Maintenance of Properties. The Company will cause all properties owned by the Company or any Subsidiary of the Company or used or useful held for use in the conduct of its business or the business of any Subsidiary of the Company to be maintained and kept in good condition, repair and working order (reasonable wear and tear excepted) and supplied with all necessary equipment and will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Company may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that nothing in this Section shall prevent the Company from discontinuing the operation or maintenance of any of such properties if such discontinuance is, in the judgment of the Company, desirable in the conduct of its business or the business of any Subsidiary of the Company and not disadvantageous in any material respect to the Holders.
Appears in 3 contracts
Samples: Indenture (Tembec Industries Inc), Indenture (Tembec Industries Inc), Indenture (Tembec Industries Inc)
Maintenance of Properties. The Company will cause all material properties owned by the Company or any of the Restricted Subsidiaries or used or useful held for use in the conduct of its business or the business of any Subsidiary their respective businesses to be maintained and kept in good condition, repair and working order (reasonable wear and tear excepted) and supplied with all necessary equipment and will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Company may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that nothing in this Section shall 10.06 will prevent the Company from discontinuing the operation or maintenance of any of such properties if such discontinuance is, in the judgment of the Company, desirable in the conduct of its business or the business of any Subsidiary of the Restricted Subsidiaries and is not disadvantageous adverse in any material respect to the Holders.
Appears in 3 contracts
Samples: Indenture (Verio Inc), Indenture (Verio Inc), Indenture (Verio Inc)
Maintenance of Properties. The Company will cause all properties used or useful in the conduct of its business or the business of any Significant Subsidiary to be maintained and kept in good condition, repair and working order (reasonable wear and tear excepted) and supplied with all necessary equipment and will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Company may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that nothing in this Section 4.07 -------- ------- shall prevent the Company from discontinuing the operation or maintenance of any of such properties if such discontinuance is, in the judgment of the Company, desirable in the conduct of its business or the business of any Significant Subsidiary and not disadvantageous in any material respect to the Holders.
Appears in 3 contracts
Samples: Indenture (Aspect Telecommunications Corp), Indenture (Aspect Telecommunications Corp), Indenture (Aspect Telecommunications Corp)
Maintenance of Properties. The Company will cause all properties used or useful in the conduct of its business or the business of any Subsidiary to be maintained and kept in good condition, repair and working order (reasonable wear and tear excepted) and supplied with all necessary equipment and will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Company may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that nothing in this Section shall prevent the Company from discontinuing the operation or maintenance of any of such properties properties, or disposing of any of them, if such discontinuance or disposition is, in the judgment of the Company, desirable in the conduct of its business or the business of any Subsidiary and not disadvantageous in any material respect to the Holders.
Appears in 3 contracts
Samples: Indenture (Kranzco Realty Trust), Indenture (Seacor Holdings Inc), Indenture (Itron Inc /Wa/)
Maintenance of Properties. The Company will use its reasonable efforts to cause all material properties used or useful in the conduct of its business or the business of any Subsidiary to be maintained and kept in good condition, repair and working order (reasonable subject to wear and tear exceptedtear) and supplied with all necessary material equipment and will use its reasonable efforts to cause to be made all necessary material repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Company may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that nothing in this Section 1005 shall prevent the Company from discontinuing the operation or maintenance of any of such properties if such discontinuance is, in the judgment of the Company, desirable in the conduct of its business or the business of any Subsidiary and not disadvantageous in any material respect to the Holders.
Appears in 3 contracts
Samples: Indenture (Nelnet Inc), Indenture (Nelnet Inc), Indenture (Nelnet Inc)
Maintenance of Properties. The Company will shall cause all properties used or useful in the conduct of its business or the business of any Subsidiary to be maintained and kept in good condition, repair and working order (reasonable wear and tear excepted) and supplied with all necessary equipment and will shall cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Company may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that nothing in this Section 10.06 shall prevent the Company from discontinuing the operation or maintenance of any of such properties properties, or disposing of any of them, if such discontinuance or disposition is, in the judgment of the Company, desirable in the conduct of its business or the business of any Subsidiary and not disadvantageous in any material respect to the Holders.
Appears in 3 contracts
Samples: Indenture (Human Genome Sciences Inc), Indenture (Human Genome Sciences Inc), Indenture (Human Genome Sciences Inc)
Maintenance of Properties. The Company will cause all properties used or useful in the conduct of its business or the business of any Subsidiary to be maintained and kept in good condition, repair and working order (reasonable wear and tear excepted) and supplied with in all necessary equipment material respects and will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Company may be necessary so that the business carried on in connection therewith by the Company and its Subsidiaries may be properly and advantageously conducted at all times; provided, however, that nothing in this Section shall prevent the Company or a Subsidiary from discontinuing the operation or maintenance of any of such properties if such discontinuance is, in the judgment of the Company, desirable in not materially detrimental to the conduct of its business or the business of any Subsidiary the Company and its Subsidiaries, taken as a whole, and not disadvantageous in any material respect to the Holders.
Appears in 3 contracts
Samples: Indenture (H&r Block Inc), Indenture Agreement (H&r Block Inc), Indenture (Cornell Corrections Inc)
Maintenance of Properties. The Company will use its reasonable efforts to cause all material properties used or useful in the conduct of its business or the business of any Subsidiary to be maintained and kept in good condition, repair and working order (reasonable subject to wear and tear exceptedtear) and supplied with all necessary material equipment and will use its reasonable efforts to cause to be made all necessary material repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Company may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that nothing in this Section 6.04 shall prevent the Company from discontinuing the operation or maintenance of any of such properties if such discontinuance is, in the judgment of the Company, desirable in the conduct of its business or the business of any Subsidiary and not disadvantageous in any material respect to the HoldersLenders.
Appears in 3 contracts
Samples: Credit Agreement (Xl Group PLC), Credit Agreement (Xl Group PLC), Credit Agreement (Xl Group PLC)
Maintenance of Properties. The Company will cause all properties used or useful in the conduct of its business or the business of any Subsidiary of the Company to be maintained and kept in good condition, repair and working order (reasonable wear and tear excepted) and supplied with all necessary equipment and will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Company may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that nothing in this Section shall prevent the Company from discontinuing the operation or maintenance of any of such properties if such discontinuance is, in the judgment of the Company, is desirable in the conduct of its business or the business of any Subsidiary and not disadvantageous in any material respect to the Holders.
Appears in 3 contracts
Samples: Indenture (Forest City Enterprises Inc), Indenture (Forest City Enterprises Inc), Indenture (Forest City Enterprises Inc)
Maintenance of Properties. The Company will cause all properties owned by the Company or any Subsidiary or used or useful held for use in the conduct of its business or the business of any Subsidiary to be maintained and kept in good condition, repair and working order (reasonable wear and tear excepted) and supplied with all necessary equipment and will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Company may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that nothing in this Section subsection shall prevent the Company from discontinuing the operation or maintenance of any of such properties if such discontinuance is, in the judgment of the Company, desirable in the conduct of its business or the business of any Subsidiary and not disadvantageous in any material respect to the HoldersLenders.
Appears in 3 contracts
Samples: Loan Agreement (Mastellone Brothers Inc), Loan Agreement (Mastellone Brothers Inc), Loan Agreement (Leitesol Industry & Commerce Inc.)
Maintenance of Properties. The Company will, and will cause each of its Material Subsidiaries to, cause all material properties used or useful in the conduct of its business or the business of any Subsidiary their businesses to be maintained and kept in good condition, repair and working order (reasonable wear and tear excepted) and supplied with all necessary equipment and will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Company and its Material Subsidiaries may be necessary so that the business businesses carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that nothing in this Section section shall prevent the Company or any of its Subsidiaries from discontinuing the operation or and maintenance of any of such their properties if such discontinuance is, in the judgment of the CompanyCompany or such Subsidiary, desirable in the conduct of its their business or and which does not in the business of any Subsidiary and not disadvantageous in any material respect to the Holdersaggregate have a Material Adverse Effect.
Appears in 3 contracts
Samples: Master Note Purchase Agreement (Waste Connections, Inc.), Master Note Purchase Agreement (Waste Connections, Inc.), Master Note Purchase Agreement (Waste Connections, Inc.)
Maintenance of Properties. The Company will cause all properties used in or useful in the conduct of its business or the business of any Subsidiary to be maintained and kept in good condition, repair repair, and working order (reasonable wear and tear excepted) and supplied with all necessary equipment and will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Company may be necessary necessary, so that the business carried on in connection therewith may be properly and advantageously conducted at all timestime except to the extent that the Company may be prevented from so doing by circumstances beyond its control; provided, however, that nothing in this Section shall prevent the Company from discontinuing the operation or maintenance of any of such properties properties, or disposing of any of them, if such discontinuance or disposal is, in the judgment of the Company, Company desirable in the conduct of its business or the business of any Subsidiary and not disadvantageous in any material respect to the HoldersCompany.
Appears in 2 contracts
Samples: Senior Indenture (Meru Networks Inc), Subordinated Indenture (Meru Networks Inc)
Maintenance of Properties. The Company will cause all properties used or useful in the conduct of its business or the business of any Subsidiary to be maintained and kept in good condition, repair and working order (reasonable ordinary wear and tear and casualty excepted) and supplied with all necessary equipment and will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Company may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that nothing in this Section shall prevent the Company from discontinuing the operation or maintenance of any of such properties if such discontinuance is, in the judgment of the Company, desirable in the conduct of its business or the business of any Subsidiary and not disadvantageous in any material respect to the Holders.
Appears in 2 contracts
Samples: Indenture (Liquid Media Group Ltd.), Indenture (Liquid Media Group Ltd.)
Maintenance of Properties. The Company will cause all material properties of the Company used or useful in the conduct of its business or the business of any Subsidiary of the Subsidiaries to be maintained and kept in good condition, repair and working order (reasonable wear and tear excepted) and supplied with all necessary equipment and will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Company may be necessary so that the business carried on in connection therewith Company and each of the Subsidiaries may be properly and advantageously conducted conduct their respective businesses at all times; provided, however, that nothing in this Section shall prevent the Company from selling, abandoning or otherwise disposing of, or discontinuing the operation or maintenance of of, any of such properties if such discontinuance action is, in the judgment of the Company, desirable in the conduct of its business or the business of any Subsidiary and not disadvantageous in any material respect to the HoldersSubsidiary.
Appears in 2 contracts
Maintenance of Properties. The Subject to and as permitted by the terms of this Indenture the Company will cause all properties owned by the Company or used or useful held for use in the conduct of its business or the business of any Subsidiary to be maintained and kept in good condition, repair and working order (reasonable wear and tear excepted) and supplied with all necessary equipment and will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all thereof as in the judgment of the Company may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that nothing in this Section shall prevent the Company from discontinuing the operation or maintenance of any of such properties if such discontinuance is, in the judgment of the Company, desirable in the conduct of its business or the business of any Subsidiary and not disadvantageous in any material respect to the Holders.
Appears in 2 contracts
Samples: Indenture (Atlantic Coast Entertainment Holdings Inc), Indenture (Atlantic Coast Entertainment Holdings Inc)
Maintenance of Properties. The Company will cause all material tangible properties used or useful in the conduct of its business or the business of any Subsidiary of its Significant Subsidiaries to be maintained and kept in good condition, repair and working order (reasonable wear and tear excepted) and supplied with all necessary equipment and will cause to be made all necessary repairs, renewals, replacements, betterments replacements and improvements thereof, all as in the Companyβs judgment of the Company may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that nothing in this Section shall covenant will not prevent the Company or any of its Subsidiaries from discontinuing the operation or maintenance of any of such properties if such discontinuance is, in the judgment of the Company, is desirable in the conduct of its business or and the business of any Subsidiary its Subsidiaries taken as a whole and not disadvantageous adverse in any material respect to the HoldersHolders of the Notes.
Appears in 2 contracts
Samples: Indenture (Edenor), Indenture (Edenor)
Maintenance of Properties. The Company will cause all properties used or useful in property material to the conduct of its business or the business of any Subsidiary subsidiary to be maintained and kept in reasonably good condition, repair and working order (reasonable wear and tear excepted) and supplied with all necessary equipment and will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Company may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that nothing in this Section section shall prevent the Company from discontinuing the operation or and maintenance of any such properties, or disposing of such properties any of them, if such discontinuance or disposal is, in the reasonable judgment of the CompanyCompany or any subsidiary concerned, desirable in the conduct of its business or the business of any Subsidiary and not disadvantageous in any material respect to the Holderssubsidiary.
Appears in 2 contracts
Samples: Subordinated Debenture (Imperial Industries Inc), Subordinated Debenture (Imperial Industries Inc)
Maintenance of Properties. The Company will cause all material properties used or useful in the conduct of its business or the business of any Restricted Subsidiary to be maintained and kept in good condition, repair and working order (reasonable wear and tear excepted) and supplied with all necessary equipment and will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Company may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that nothing in this Section shall prevent the Company from -------- ------- discontinuing the operation or maintenance of any of such material properties if such discontinuance is, in the judgment of the Company, is desirable in the conduct of its business or the business of any Restricted Subsidiary and not disadvantageous in any material respect to the Holders.
Appears in 2 contracts
Samples: Indenture (Fox Kids Worldwide Inc), Indenture (Fox Kids Worldwide Inc)
Maintenance of Properties. The Company will cause all properties owned by the Company or any Subsidiary or used or useful held for use in the conduct of its business or the business of any Subsidiary to be maintained and kept in good condition, repair and working order (reasonable wear and tear excepted) and supplied with all necessary equipment and will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Company may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that nothing in this Section shall prevent the Company from discontinuing the operation or maintenance of any of such properties if such discontinuance is, in the judgment of the Company, desirable in the conduct of its business or the business of any Subsidiary and not disadvantageous in any material respect to the Holders.
Appears in 2 contracts
Samples: Indenture (Ocwen Financial Corp), Indenture (Ocwen Financial Corp)
Maintenance of Properties. The Company will cause all material properties owned by the Company or any of the Subsidiaries or used or useful held for use in the conduct of its business or the business of any Subsidiary their respective businesses to be maintained and kept in good condition, repair and working order (reasonable wear and tear excepted) and supplied with all necessary equipment and will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Company may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, provided however, that nothing in this Section shall 10.06 will prevent the Company from discontinuing the operation or maintenance of any of such properties if such discontinuance is, in the judgment of the Company, desirable in the conduct of its business or the business of any Subsidiary of the Subsidiaries and is not disadvantageous in any material respect to the Holders.
Appears in 2 contracts
Samples: Indenture (Saks Inc), Indenture (Saks Inc)
Maintenance of Properties. The Company will cause all properties used or useful in the conduct of its business or the business of any Subsidiary to be maintained and kept in good condition, repair and working order (reasonable wear and tear excepted) and supplied with all necessary equipment and will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Company may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times; providedPROVIDED, howeverHOWEVER, that nothing in this Section SECTION 9.5 shall prevent the Company from discontinuing the operation or maintenance of any of such properties if such discontinuance is, in the judgment of the Company, desirable in the conduct of its business or the business of any Subsidiary and not disadvantageous in any material respect to the Holders.
Appears in 2 contracts
Samples: Indenture (Etoys Inc), Indenture (Etoys Inc)
Maintenance of Properties. The Company will cause all properties used or useful in the conduct of its business or the business of any Subsidiary to be maintained and kept in good condition, repair and working order (reasonable wear and tear excepted) and supplied with all necessary equipment and will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Company may be necessary so that the business carried on in connection therewith by the Company and its Subsidiaries may be properly and advantageously conducted at all times; provided, however, that nothing in this Section shall prevent the Company or a Subsidiary from discontinuing the operation or maintenance of any of such properties if such discontinuance is, in the judgment of the Company, desirable in not materially detrimental to the conduct of its business or the business of any Subsidiary the Company and its Subsidiaries, taken as a whole, and not disadvantageous in any material respect to the Holders.
Appears in 2 contracts
Samples: Indenture (Steel Dynamics Inc), Indenture (Steel Dynamics Inc)
Maintenance of Properties. The Company will shall cause all properties owned by the Company or any Subsidiary or used or useful held for use in the conduct of its business or the business of any Subsidiary to be maintained and kept in good condition, repair and working order (reasonable wear and tear excepted) and supplied with all necessary equipment and will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Company may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that nothing in this Section shall -------- ------- prevent the Company from discontinuing the operation or maintenance of any of such properties if such discontinuance is, in the judgment of the Company, desirable in the conduct of its business or the business of any Subsidiary and not disadvantageous in any material respect to the Holders.
Appears in 2 contracts
Samples: Indenture (Euronet Services Inc), Indenture (Euronet Services Inc)
Maintenance of Properties. The Company will cause all material properties of the Company used or useful in the conduct of its business or the business of any Subsidiary to be maintained and kept in good condition, repair and working order (reasonable wear and tear excepted) and supplied with all necessary equipment and will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Company may be necessary so that the business carried on in connection therewith Company and each of the Subsidiaries may be properly and advantageously conducted conduct their respective businesses at all times; provided, however, that nothing in this Section shall prevent the Company from selling, abandoning or otherwise disposing of, or discontinuing the operation or maintenance of of, any of such properties if such discontinuance action is, in the judgment of the Company, desirable in the conduct of its business or the business of any Subsidiary and not disadvantageous in any material respect to the HoldersSubsidiary.
Appears in 2 contracts
Samples: Subordinated Indenture (Phoenix Companies Inc/De), Subordinated Indenture (Phoenix Companies Inc/De)
Maintenance of Properties. The Company will cause all properties used or useful in the conduct of its business or the business of any Subsidiary of the Company to be maintained and kept in good condition, repair and working order (reasonable wear and tear excepted) and supplied with all necessary equipment and will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Company may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that nothing in this Section 1005 shall prevent the Company from discontinuing the operation or maintenance of any of such properties if such discontinuance is, as determined by the Board of Directors in the judgment of the Companygood faith, desirable in the conduct of its business or the business of any Subsidiary and not disadvantageous in any material respect to the Holders.
Appears in 2 contracts
Samples: Indenture (Georgia Gulf Corp /De/), Indenture (Georgia Gulf Corp /De/)
Maintenance of Properties. The Company will cause all properties used or useful in the conduct of its business or the business of any Significant Subsidiary to be maintained and kept in good condition, repair and working order (reasonable wear and tear excepted) and supplied with all necessary equipment and will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Company may be necessary so that the business carried on in connection therewith of the Company or such Significant Subsidiary may be properly and advantageously conducted at all times; provided, however, that nothing in this Section shall prevent the Company from discontinuing the operation or maintenance of any of such properties if such discontinuance is, in the judgment of the Company, desirable in the conduct of its business or the business of any Significant Subsidiary and not disadvantageous in any material respect respects to the Holders.
Appears in 2 contracts
Maintenance of Properties. The Company will cause all properties used or useful in the conduct of its business or the business of any Subsidiary to be maintained and kept in good condition, repair and working order (reasonable wear and tear excepted) and supplied with all necessary equipment and will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Company may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that nothing in this Section shall prevent the Company from discontinuing the operation or maintenance of or selling or otherwise disposing of any of such properties if such discontinuance discontinuance, sale or disposition is, in the judgment of the Company, desirable in the conduct of its business or the business of any Subsidiary and not disadvantageous in any material respect to the Holders.
Appears in 2 contracts
Samples: Indenture (Interoil Corp), Indenture (Interoil Corp)
Maintenance of Properties. The Company will cause all material properties used or useful in the conduct of its business or the business of any Subsidiary to be maintained and kept in good condition, repair and working order (reasonable wear and tear excepted) and supplied with all necessary equipment and will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Company may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that nothing in this Section 11.5 shall prevent the Company from discontinuing the operation or maintenance of any of such properties if such discontinuance is, in the judgment of the Company, desirable in the conduct of its business or the business of any Subsidiary and not disadvantageous in any material respect to the Holders.
Appears in 2 contracts
Samples: Indenture (Genesco Inc), Indenture (MRV Communications Inc)
Maintenance of Properties. The Company will cause all properties used or useful in the conduct of its business or the business of any Restricted Subsidiary to be maintained and kept in good condition, repair and working order (reasonable wear and tear excepted) and supplied with all necessary equipment and will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Company may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that nothing in this Section shall prevent the Company from discontinuing the operation or maintenance of any of such properties if such discontinuance is, in the judgment of the Company, desirable in the conduct of its business or the business of any Subsidiary and not disadvantageous in any material respect to the HoldersRestricted Subsidiary.
Appears in 2 contracts
Samples: Indenture (Richfood Holdings Inc), Indenture (Richfood Holdings Inc)
Maintenance of Properties. The Company will cause all material properties used or useful in the conduct of its business or the business of any Significant Subsidiary to be maintained and kept in good condition, repair and working order (reasonable wear and tear excepted) and supplied with all necessary equipment and will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Company may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that nothing in this Section shall prevent the Company from (i) discontinuing the operation or maintenance of any of such properties if such discontinuance is, in the judgment of the Company, desirable in the conduct of its business or the business of any Significant Subsidiary and not disadvantageous in any material respect to the HoldersHolders or (ii) selling any properties or taking any action in accordance with Article 5.
Appears in 2 contracts
Samples: Indenture (General Growth Properties, Inc.), Indenture (Rouse Co LP)
Maintenance of Properties. The Company will cause all properties used or useful in the conduct of its business or the business of any Subsidiary to be maintained and kept in good condition, repair and working order (reasonable wear and tear excepted) and supplied with all necessary equipment and will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Company may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that nothing in this Section shall prevent the Company from discontinuing the operation or and maintenance of any of such properties properties, or disposing of any of them, if such discontinuance or disposal is, in the judgment of the CompanyBoard of Directors, desirable in the conduct of its business or the business of any Subsidiary and not disadvantageous in any material respect to the Holders.
Appears in 2 contracts
Samples: Indenture (Belo a H Corp), Indenture (Belo a H Corp)
Maintenance of Properties. The Company will cause all of its material properties used or useful in the conduct of its business or the business of any Subsidiary to be maintained and kept in good condition, repair and working order (reasonable wear and tear excepted) and supplied with all necessary equipment and will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Company may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that nothing in this Section shall prevent the Company or any Subsidiary from discontinuing the operation or and maintenance of any of such properties if such discontinuance is, in the judgment of the CompanyCompany or the Subsidiary, desirable in the conduct of its business or the business of any Subsidiary and not disadvantageous in any material respect to the Holders.
Appears in 2 contracts
Samples: Indenture (New Plan Realty Trust), Indenture (New Plan Realty Trust)
Maintenance of Properties. The Company will shall cause all properties used or useful in the conduct of its business or the business of any Subsidiary of its Restricted Subsidiaries to be maintained and kept in good condition, repair and working order (reasonable normal wear and tear excepted) and supplied with all necessary equipment and will shall cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Company may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that nothing in this Section the foregoing shall not prevent the Company from discontinuing the operation or maintenance of any of such properties if (i) such discontinuance is, in the judgment of the Company, is desirable in the conduct of its the Company's business or the business of any Restricted Subsidiary and (ii) such discontinuance would not disadvantageous in any material respect reasonably be expected to the Holdershave a Material Adverse Effect.
Appears in 2 contracts
Samples: Purchase Agreement (American Coin Merchandising Inc), Purchase Agreement (American Coin Merchandising Inc)
Maintenance of Properties. The Company will cause all -------------------------- properties used or useful in the conduct of its business or the business of any Subsidiary to be maintained and kept in good condition, repair and working order (reasonable wear and tear excepted) and supplied with all necessary equipment and will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Company may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that nothing in this Section shall prevent the that -------- ------- Company from discontinuing the operation or maintenance of any of such properties if such discontinuance is, in the judgment of the Company, desirable in the conduct of its business or the business of any Subsidiary and not disadvantageous in any material respect to the Holders.
Appears in 2 contracts
Samples: Indenture (National Service Industries Inc), Indenture (National Service Industries Inc)
Maintenance of Properties. The Company will cause all properties used or useful in the conduct of its business or the business of any Subsidiary to be maintained and kept in good condition, repair and working order (reasonable wear and tear excepted) and supplied with all necessary equipment and will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Company may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, provided that nothing in this Section shall prevent the Company from discontinuing the operation or maintenance of any of such properties if such discontinuance is, in the judgment of the Company, desirable in the conduct of its business or the business of any Subsidiary and not disadvantageous in any material respect to the Holders.
Appears in 2 contracts
Samples: Subordinated Indenture (Newfield Exploration Co /De/), Senior Indenture (Newfield Exploration Co /De/)
Maintenance of Properties. The Company will cause all material properties used or useful in the conduct of its business or the business of any Subsidiary of its Subsidiaries to be maintained and kept in good condition, repair and working order (reasonable normal wear and tear excepted) and supplied with all necessary equipment and will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Company may be necessary necessary, so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that nothing in this Section shall prevent the Company from discontinuing the operation or maintenance of any of such properties properties, or disposing of any of them, if such discontinuance or disposal is, in the judgment of the CompanyBoard of Directors or of the board of directors of the Subsidiary concerned, as the case may be, desirable in the conduct of its business or the business of the Company or any Subsidiary and not disadvantageous in any material respect to of the HoldersCompany.
Appears in 2 contracts
Samples: Senior Debt Indenture (Interpublic Group of Companies Inc), Senior Debt Indenture (Interpublic Group of Companies Inc)
Maintenance of Properties. The Company will cause all properties used or useful in the conduct of its business or the business of any Subsidiary to be maintained and kept in good condition, repair and working order (reasonable wear and tear excepted) and supplied with all necessary equipment and will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Company may be necessary so that the business carried on in the connection therewith may be properly and advantageously conducted at all times; provided, however, that nothing in this Section shall prevent the Company or any Subsidiary from discontinuing the operation or and maintenance of any such properties, or disposing of such properties any of them, if such discontinuance or disposal is, in the judgment of the Company, desirable in Company or of the conduct of its business or the business of any Subsidiary and not disadvantageous in any material respect to the Holders.concerned,
Appears in 2 contracts
Maintenance of Properties. The Company will cause all material properties used or useful in the conduct of its business or the business of any Subsidiary to be maintained and kept in good condition, repair repair, and working order (reasonable wear and tear excepted) and supplied with all necessary equipment and will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereoforder, all as in the judgment of the Company may be necessary so that for the business carried on in connection therewith may be properly and advantageously conducted at all timesconduct of its business; provided, however, that nothing in this Section shall prevent the Company from discontinuing the operation or maintenance of any of such properties if such discontinuance is, in the judgment of the Company, desirable in the conduct of its business or the business of any Subsidiary and not disadvantageous in any material respect to the Holdersbusiness.
Appears in 2 contracts
Samples: Indenture (LegacyTexas Financial Group, Inc.), Indenture (LegacyTexas Financial Group, Inc.)
Maintenance of Properties. The Company will cause all material properties owned by the Company or any of the Subsidiaries or used or useful held for use in the conduct of its business or the business of any Subsidiary their respective businesses to be maintained and kept in good condition, repair and working order (reasonable wear and tear excepted) and supplied with all necessary equipment and will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Company may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that nothing in this Section shall 3.08 will prevent the Company from discontinuing the operation or maintenance of any of such properties if such discontinuance is, in the judgment of the Company, desirable in the conduct of its business or the business of any Subsidiary of the Subsidiaries and is not disadvantageous in any material respect to the Holders.
Appears in 2 contracts
Samples: Indenture (United Community Banks Inc), Indenture (United Community Banks Inc)
Maintenance of Properties. The Company will shall cause all material properties used or useful in the conduct of its business or the business of any Subsidiary Restricted Subsidiary, taken as a whole, to be maintained and kept in good condition, repair and working order (reasonable regular wear and tear excepted) and supplied with ), in each case in all necessary equipment and will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereofmaterial respects, all as in the judgment of the Company may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that nothing in this Section shall prevent the Company from disposing of any asset (subject to compliance with Section 10.14) or from discontinuing the operation or maintenance of any of such material properties if such discontinuance is, as determined by the Company in the judgment of the Companygood faith, desirable in the conduct of its business or the business of any Restricted Subsidiary and not disadvantageous in any material respect to the Holders.
Appears in 2 contracts
Samples: Indenture (United Rentals Inc /De), Indenture (United Rentals Inc /De)
Maintenance of Properties. The Company will cause all properties used or useful in the conduct of its business or the business of any Subsidiary to be maintained and kept in good condition, repair and working order (reasonable wear and tear excepted) and supplied with all necessary equipment and will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Company may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times; providedPROVIDED, howeverHOWEVER, that nothing in this Section shall prevent the Company or any such Subsidiary from discontinuing the operation or maintenance of any of such properties if such discontinuance is, in the judgment of the Company, desirable in the conduct of its business or the business of any Subsidiary and not disadvantageous in any material respect to the Holders.
Appears in 2 contracts
Samples: Indenture (Interim Services Inc), Indenture (Interim Services Inc)
Maintenance of Properties. The Company will cause all properties used or useful necessary in the conduct of its business or the business of any Subsidiary to be maintained and kept in good condition, repair and working order (reasonable wear and tear excepted) and supplied with all necessary equipment and will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Company may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that nothing in this Section shall prevent the Company from discontinuing the operation or maintenance of any of such properties if such discontinuance is, in the judgment of the Company, desirable in the conduct of its business or the business of any Subsidiary and not disadvantageous in any material respect to the HoldersSubsidiary.
Appears in 1 contract
Maintenance of Properties. The Company will cause all -------------------------- properties used or useful in the conduct of its business or the business of any Subsidiary to be maintained and kept in good condition, repair and working order (reasonable wear and tear excepted) and supplied with all necessary equipment and will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Company may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that nothing in this Section shall prevent the -------- ------- Company from discontinuing the operation or maintenance of any of such properties if such discontinuance is, in the judgment of the Company, desirable in the conduct of its business or the business of any Subsidiary and not disadvantageous in any material respect to the Holders.
Appears in 1 contract
Samples: Indenture (Chirex Inc)
Maintenance of Properties. The Company will cause all material properties used or useful in the conduct of its business or the business of any Restricted Subsidiary to be maintained and kept in good condition, repair and working order (reasonable wear and tear excepted) and supplied with all necessary equipment and will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Company may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that nothing in this Section shall prevent the Company from discontinuing the operation or maintenance of any of such material properties if such discontinuance is, in the judgment of the Company, is desirable in the conduct of its business or the business of any Restricted Subsidiary and not disadvantageous in any material respect to the Holders.
Appears in 1 contract
Samples: Indenture (FLN Finance Inc)
Maintenance of Properties. The Company will cause all ------------------------- properties used in or useful in the conduct of its business or the business of any Subsidiary to be maintained and kept in good condition, repair repair, and working order (reasonable wear and tear excepted) and supplied with all necessary equipment and will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Company may be necessary necessary, so that the business carried on in connection therewith may be properly and advantageously conducted at all timestime except to the extent that the Company may be prevented from so doing by circumstances beyond its control; provided, however, that nothing in this Section shall prevent the Company from discontinuing the operation or maintenance of any of such properties properties, or disposing of any of them, if such discontinuance or disposal is, in the judgment of the Company, Company desirable in the conduct of its business or the business of any Subsidiary the Company and not disadvantageous in any material respect to the HoldersSecurityholders.
Appears in 1 contract
Maintenance of Properties. The Company will cause all material properties used or useful in the conduct of its business or the business of any Subsidiary to be maintained and kept in good condition, repair and working order (reasonable wear and tear excepted) and supplied with all necessary equipment and will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Company may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, howeverPROVIDED HOWEVER, that nothing in this Section 11.5 shall prevent the Company from discontinuing the operation or maintenance of any of such properties if such discontinuance is, in the judgment of the Company, desirable in the conduct of its business or the business of any Subsidiary and not disadvantageous in any material respect to the Holders.
Appears in 1 contract
Maintenance of Properties. The Company will cause all properties used or useful in the conduct of its business or the business of any Subsidiary of the Company to be maintained and kept in good condition, repair and working order (reasonable wear and tear excepted) and supplied with all necessary equipment and will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Company may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times; providedPROVIDED, howeverHOWEVER, that nothing in this Section shall prevent the Company from discontinuing the operation or maintenance of any of such properties if such discontinuance is, as determined by the Board of Directors in the judgment of the Companygood faith, desirable in the conduct of its business or the business of any such Subsidiary and not disadvantageous in any material respect to the Holders.
Appears in 1 contract
Samples: Second Supplemental Indenture (Lamar Advertising Co)
Maintenance of Properties. The Company will cause all material properties used or useful in the conduct of its business or the business of any Restricted Subsidiary of the Company to be maintained and kept in reasonably good condition, repair and working order (reasonable wear and tear excepted) and supplied with all reasonably necessary equipment and will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Company 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 shall prevent the Company from discontinuing the operation or maintenance of any of such properties if such discontinuance is, in the judgment of the Company, desirable in the conduct of its business or the business of any Restricted Subsidiary of the Company and not disadvantageous in any material respect to the Holders.
Appears in 1 contract
Samples: Indenture (Western Wireless Corp)
Maintenance of Properties. The Company will cause all properties used or useful in necessary for the conduct of its business or the business of any Restricted Subsidiary of the Company to be maintained and kept in good condition, repair and working order (reasonable wear and tear excepted) and supplied with all necessary equipment and will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Company may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that nothing in this Section shall prevent the Company from discontinuing the operation or maintenance of any of such properties if such discontinuance is, in as determined by the judgment Board of Directors of the CompanyCompany in good faith, desirable in the conduct of its business or the business of any Subsidiary and not disadvantageous in any material respect to the HoldersRestricted Subsidiary.
Appears in 1 contract
Maintenance of Properties. The Subject to Article Nine, the Company will cause all properties used or useful in the conduct of its business or the business of any Subsidiary to be maintained and kept in good condition, repair and working order (reasonable wear and tear excepted) and supplied with all necessary equipment and will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Company may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that nothing in this Section shall prevent the Company from discontinuing the operation or maintenance of any of such properties if such discontinuance is, in the judgment of the Company, desirable in the conduct of its business or the business of any Subsidiary and not disadvantageous in any material respect to the Holders.
Appears in 1 contract
Maintenance of Properties. The Company will cause all properties used or useful in the conduct of its business or the business of any Subsidiary of the Company to be maintained and kept in good condition, repair and working order (reasonable wear and tear excepted) and supplied with all necessary equipment and will cause to be made all necessary repairs, renewals, replacements, betterments and improvements improve ments thereof, all as in the judgment of the Company may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that nothing in this Section shall prevent the Company from discontinuing the operation or maintenance of any of such properties if such discontinuance is, as determined by the Board of Directors in the judgment of the Companygood faith, desirable in the conduct of its business or the business of any Subsidiary of the Company and not disadvantageous in any material respect to the Holders.
Appears in 1 contract
Samples: Indenture (Rite Aid Corp)
Maintenance of Properties. The Company will cause all properties used or useful in the conduct of its business or the business of any Significant Subsidiary to be maintained and kept in good condition, repair and working order (reasonable wear and tear excepted) and supplied with all necessary equipment and will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Company may be necessary so that the business carried on in connection therewith of the Company or such Significant Subsidiary may be properly and advantageously conducted at all times; provided, however, that nothing in this Section shall prevent the Company from discontinuing the operation or maintenance of any of such properties if such discontinuance is, in the judgment of the Company, desirable in the conduct of its business or the business of any Subsidiary significant subsidiary and not disadvantageous in any material respect respects to the Holders...
Appears in 1 contract
Maintenance of Properties. The Company will, and will cause each of its Subsidiaries to, maintain all of its properties used or useful in necessary for the conduct of its business or the business of any Subsidiary to be maintained and kept in good condition, repair and working order (reasonable normal wear and tear excepted) and supplied with all necessary equipment and will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Company may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that nothing in this Section 5.2 shall prevent the Company or any of its Subsidiaries from discontinuing the operation or and maintenance of any of such properties if such discontinuance is, in the judgment of the Company, desirable in the conduct of its such Person's business or the business of any Subsidiary and does not disadvantageous in any material respect to the Holderscause a Material Adverse Effect.
Appears in 1 contract
Maintenance of Properties. The Company will cause all properties owned by the Company or any Subsidiary or used or useful held for use in the conduct of its business or the business of any Subsidiary to be maintained and kept in good condition, repair and working order (reasonable wear and tear excepted) and supplied with all necessary equipment and will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Company may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that nothing in this Section shall prevent the Company from discontinuing the operation or maintenance of any of such properties if such discontinuance is, in the judgment of the Company, desirable in the conduct of its business or the business of any Subsidiary and is not disadvantageous in any material respect materially adverse to the Holders.
Appears in 1 contract
Maintenance of Properties. The Company will shall cause all material properties used or useful in the conduct of its business or the business of any Subsidiary Restricted Subsidiary, taken as a whole, to be maintained and kept in good condition, repair and working order (reasonable regular wear and tear excepted) and supplied with ), in each case in all necessary equipment and will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereofmaterial respects, all as in the judgment of the Company may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that nothing in this Section 4.05 shall prevent the Company from disposing of any asset (subject to compliance with Section 4.14) or from discontinuing the operation or maintenance of any of such material properties if such discontinuance is, as determined by the Company in the judgment of the Companygood faith, desirable in the conduct of its business or the business of any Restricted Subsidiary and not disadvantageous in any material respect to the Holders.
Appears in 1 contract
Samples: Indenture (LSC Communications, Inc.)
Maintenance of Properties. The Company will cause all ------------------------- properties used in or useful in the conduct of its business or the business of any Subsidiary to be maintained and kept in good condition, repair repair, and working order (reasonable wear and tear excepted) and supplied with all necessary equipment and will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Company may be necessary necessary, so that the business carried on in connection therewith may be properly and advantageously conducted at all timestime except to the extent that the Company may be prevented from so doing by circumstances beyond its control; provided, however, that nothing in this Section shall prevent the Company from discontinuing the operation or maintenance of any of such properties properties, or disposing of any of them, if such discontinuance or disposal is, in the judgment of the Company, desirable in the conduct of its business or the business of any Subsidiary the Company and not disadvantageous in any material respect to the HoldersSubordinated Securityholders.
Appears in 1 contract
Maintenance of Properties. The Company will cause all properties used or useful in the conduct of its business or the business of any Subsidiary of the Company to be maintained and kept in good condition, repair and working order (reasonable order, subject to normal wear and tear excepted) tear, and supplied with all necessary equipment and will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Company may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, that nothing in this Section 6.15 shall prevent the Company from discontinuing the operation or maintenance of any of such properties if such discontinuance is, as determined by the Company in the judgment of the Companygood faith, desirable in the conduct of its business or the business of any Subsidiary and not disadvantageous in any material respect to the HoldersPurchasers.
Appears in 1 contract
Maintenance of Properties. The Company will cause all properties used or useful in the conduct of its business or the business of any Subsidiary to be maintained and kept in good condition, repair and working order (reasonable wear and tear excepted) and supplied with all necessary equipment and will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Company may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times; provided, however, β β that nothing in this Section shall prevent the Company from discontinuing the operation or maintenance of any of such properties if such discontinuance is, in the judgment of the Company, desirable in the conduct of its business or the business of any Subsidiary and not disadvantageous in any material respect to the Holders.
Appears in 1 contract
