Common use of Mortgagor To Maintain Improvements Clause in Contracts

Mortgagor To Maintain Improvements. Mortgagor shall not commit any waste on the Premises or with respect to any Real Estate Fixtures or Equipment. Mortgagor represents and warrants that (i) the Premises are served by all utilities required or necessary for the current use thereof, (ii) all streets necessary to serve the Premises are completed and serviceable and have been dedicated and accepted as such by the appropriate Governmental Authorities and (iii) Mortgagor has access to the Premises from public roads sufficient to allow Mortgagor and its tenants and invitees to conduct its and their businesses at the Premises in the manner in which a prudent operator of property similar in use and configuration to the Premises and located in the locality where the Premises are located would conduct its business. Mortgagor shall, at all times, maintain the Premises, the Real Estate Fixtures and the Equipment (other than any portion thereof which shall be obsolete and/or disposed of in accordance with the provisions of the Indenture) in good operating order, condition and repair as is customary in the industry and shall make all repairs necessary, structural or nonstructural, for the operation of Mortgagor's business. Mortgagor shall (a) not alter the occupancy or use of all or any part of the Premises, or any Real Estate Fixtures or Equipment, if such action would be reasonably likely to diminish the value of the Mortgaged Property or impair Mortgagee's rights and benefits hereunder, without the prior written consent of Mortgagee, and (b) do all other acts which from the character or use of the Premises, the Real Estate Fixtures and the Equipment may be reasonably necessary or appropriate to maintain and preserve their value. The Mortgaged Property cannot be sold, abandoned or disposed of except as expressly set forth in Sections 4.13, 11.3 and 11.4 of the Indenture.

Mortgagor To Maintain Improvements. Mortgagor shall not (i) commit or suffer any waste on the Premises or with respect to any Real Estate Fixtures or Equipment(ii) make any change in the occupancy or use of all or any part of the Premises or any Fixtures which, in either case, would have a Material Adverse Effect. With respect to any active and any future mining operations on the Premises, Mortgagor represents and warrants that (i) the Premises are or will be served by all utilities required or necessary for the current and planned use thereof, thereof and (ii) all streets necessary to serve the Premises are completed and serviceable and have been dedicated and accepted as such by the appropriate Governmental Authorities and (iii) Mortgagor has or will have access to the Premises from public roads sufficient to allow Mortgagor and its tenants tenants, lessees and invitees to conduct its and their businesses at the Premises in accordance with sound commercial practices, except to the manner in which extent the failure to be served by such utilities or to have such access would not have a prudent operator of property similar in use and configuration to Material Adverse Effect. Mortgagor shall keep the Premises and located systems useful and necessary in the locality where the Premises are located would conduct its business. Mortgagor shallbusiness in good working order and condition, at all timesordinary wear and tear excepted, and maintain with financially sound and reputable insurance companies insurance against loss or damage to any buildings, structures and improvements on the Premises, the Real Estate Fixtures and the Equipment (other than any portion thereof which shall be obsolete and/or disposed of in accordance with the provisions of the Indenture) in good operating order, condition and repair as is customary in the industry and shall make all repairs necessary, structural or nonstructural, for the operation of Mortgagor's business. Mortgagor shall (a) not alter remove, demolish or alter, in any material respects, the occupancy design or use structural character of any Improvement now or hereafter erected upon all or any part of the Premises, or permit any Real Estate Fixtures such removal, demolition or Equipment, if such action would be reasonably likely to diminish the value of the Mortgaged Property or impair Mortgagee's rights and benefits hereunderalteration, without the prior written consent of Mortgagee, and (b) do all other acts which from the character or use of the Premises, the Real Estate except that items constituting Fixtures and the Equipment may be reasonably necessary (i) removed temporarily for maintenance and repair or appropriate (ii) if removed permanently, replaced by an article of equal or better suitability and value, owned by Mortgagor subject to maintain the liens and preserve their value. The Mortgaged Property cannot be soldsecurity interests of this Mortgage, abandoned and free and clear of any other lien or disposed security interest unless first approved in writing by Mortgagee, or (iii) relocated to other Premises for the purpose of except as expressly set forth in Sections 4.13, 11.3 conducting the business and 11.4 operations of the IndentureMortgagor.

Mortgagor To Maintain Improvements. Mortgagor shall not commit any waste on the Premises or with respect to any Real Estate Fixtures or Equipment. Mortgagor represents and warrants that (i) the Premises are served by all utilities required or necessary for the current use thereof, (ii) all streets necessary to serve the Premises are completed and serviceable and have been dedicated and accepted as such by the appropriate Governmental Authorities and (iii) Mortgagor has access to the Premises from public roads sufficient to allow Mortgagor and its tenants and invitees to conduct its and their businesses at the Premises in the manner in which a prudent operator of property similar in use and configuration to the Premises and located in the locality where the Premises are located would conduct its business. Mortgagor shall, at all times, maintain the Premises, the Real Estate Fixtures and the Equipment (other than any portion thereof which shall be obsolete and/or disposed of in accordance with the provisions of the Indenture) in good operating order, condition and repair as is customary in the industry and shall make all repairs necessary, structural or nonstructural, for the operation of Mortgagor's business. Mortgagor shall (a) not alter the occupancy or use of all or any part of the Premises, or any Real Estate Fixtures or Equipment, if such action would be reasonably likely to diminish the value of the Mortgaged Property or impair Mortgagee's rights and benefits hereunder, without the prior written consent of Mortgagee, and (b) do all other acts which from the character or use of the Premises, the Real Estate Fixtures and the Equipment may be reasonably necessary or appropriate to maintain and preserve their value. The Mortgaged Property cannot be sold, abandoned or disposed of except as expressly set forth in Sections 4.13, 11.3 and 11.4 of the Indenture.

Mortgagor To Maintain Improvements. Mortgagor shall not commit or suffer any waste on the Premises or with respect to any Real Estate Fixtures Equipment or make any change in the use of the Premises or any Equipment. Mortgagor represents and warrants that (i) the Premises are served by all utilities required or necessary for the current use thereof, (ii) all streets necessary to serve the Premises are completed and serviceable and have been dedicated and accepted as such by the appropriate Governmental Authorities and (iii) Mortgagor has access to the Premises from public roads sufficient to allow Mortgagor and its tenants and invitees to conduct its and their businesses at the Premises in the manner in which a prudent operator of property similar in use and configuration to the Premises and located in the locality where the Premises are located would conduct its businessaccordance with sound commercial practices. Mortgagor shall, at all times, maintain the PremisesPremises and Equipment in good, the Real Estate Fixtures safe and the Equipment (other than any portion thereof which shall be obsolete and/or disposed of in accordance with the provisions of the Indenture) in good insurable operating order, condition and repair as is customary in the industry and shall make all repairs necessaryrepairs, structural or nonstructural, for the operation of Mortgagor's businesswhen necessary. Mortgagor shall (a) except as permitted in Section 1.14, not alter the occupancy or use of all or any part of the Premises, or any Real Estate Fixtures or Equipment, if such action would be reasonably likely to diminish the value of the Mortgaged Property or impair Mortgagee's rights and benefits hereunder, Premises without the prior written consent of Mortgagee, Mortgagee and (b) do all other acts which from the character or use of the Premises, the Real Estate Fixtures Premises and the Equipment may be reasonably necessary or appropriate to maintain and preserve their value. The Mortgaged Property canMortgagor shall not be soldremove, abandoned demolish or disposed of alter, except as expressly set forth permitted in Sections 4.13Section 1.14, 11.3 and 11.4 the design or structural character of any Improvement now or hereafter erected upon all or any part of the IndenturePremises, or permit any such removal, demolition or alteration, without the prior written consent of Mortgagee, except that items constituting Equipment may be removed if such removal is temporary and for the purpose of making repairs or such items are immediately replaced with similar items of Equipment having a value and utility for their intended purposes that is not less than the value and such utility of the Equipment so removed.

Mortgagor To Maintain Improvements. Mortgagor shall not commit any waste on the Premises or with respect to any Real Estate Fixtures or Equipment. Mortgagor represents and warrants that (i) the Premises are served by all utilities required or necessary for the current use thereof, (ii) all streets necessary to serve the Premises are completed and serviceable and have been dedicated and accepted as such by the appropriate Governmental Authorities and (iii) Mortgagor has access to the Premises from public roads sufficient to allow Mortgagor and its tenants and invitees to conduct its and their businesses at the Premises in the manner in which a prudent operator of property similar in use and configuration to the Premises and located in the locality where the Premises are located would conduct its business. Mortgagor shall, at all times, maintain the Premises, the Real Estate Fixtures and the Equipment (other than any portion thereof which shall be obsolete and/or disposed of (y) prior to the Conversion Date, in accordance with the provisions of the Credit Agreement and (z) on or after the Conversion Date, in accordance with the provisions of the Exchange Indenture) in good operating order, condition and repair as is customary in the industry and shall make all repairs necessary, structural or nonstructural, for the operation of Mortgagor's business. Mortgagor shall (a) not alter the occupancy or use of all or any part of the Premises, or any Real Estate Fixtures or Equipment, if such action would be reasonably likely to diminish the value of the Mortgaged Property or impair Mortgagee's rights and benefits hereunder, without the prior written consent of Mortgagee, and (b) do all other acts which from the character or use of the Premises, the Real Estate Fixtures and the Equipment may be reasonably necessary or appropriate to maintain and preserve their value. The Mortgaged Property cannot be sold, abandoned or disposed of except as expressly set forth in Sections 4.13, 11.3 and 11.4 of the Indenture.