Common use of Existence; Maintenance of Properties Clause in Contracts

Existence; Maintenance of Properties. (a) The Borrower will do or cause to be done all things necessary to preserve and keep in full force and effect its existence as a Delaware limited partnership. The Trust will do or cause to be done all things necessary to preserve and keep in full force and effect its existence as a Maryland real estate investment trust. The Borrower and the Trust will cause each of their respective Subsidiaries to do or cause to be done all things necessary to preserve and keep in full force and effect its legal existence. The Borrower and the Guarantors will do or cause to be done all things necessary to preserve and keep in full force all of their respective rights and franchises and those of their Subsidiaries. The Borrower and the Trust will, and will cause each of their respective Subsidiaries to, continue to engage primarily in the businesses now conducted by it and in related businesses. (b) The Borrower and the Trust (i) will cause all of their properties and those of their respective Subsidiaries used or useful in the conduct of its business or the business of its Subsidiaries to be maintained and kept in good condition, repair and working order (ordinary wear and tear excepted) and supplied with all necessary equipment, and (ii) will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof in all cases in which the failure so to do the foregoing pursuant to clause (i) or (ii) would have a material adverse effect on the condition of the applicable Unencumbered Borrowing Base Property or on the financial condition, assets or operations of the Borrower, any Guarantor and their respective Subsidiaries. (c) The common stock of the Trust shall at all times be listed for trading and be traded on the New York Stock Exchange.

Existence; Maintenance of Properties. (a) The Borrower will do or and will cause to be done all things necessary each of the Guarantors and their respective Subsidiaries to preserve and keep in full force and effect their legal existence in the jurisdiction of its existence as a Delaware limited partnership. The Trust will do incorporation or cause to be done all things necessary to preserve and keep in full force and effect its existence as a Maryland real estate investment trustformation. The Borrower and the Trust will cause each of their respective Subsidiaries to do or cause to be done all things necessary to preserve and keep in full force and effect its legal existence. The Borrower and the Guarantors will do or cause to be done all things necessary to preserve and keep in full force all of their respective its rights and franchises and those of the Guarantors and their respective Subsidiaries. The Borrower and , the Trust will, and will cause each preservation of which is necessary to the conduct of their respective Subsidiaries to, business. Borrower shall cause REIT to at all times comply with all requirements and applicable laws and regulations necessary to maintain REIT Status and continue to engage primarily in receive REIT Status. Borrower shall cause the businesses now conducted common stock of REIT to at all times be listed for trading and be traded on the New York Stock Exchange or another national exchange approved by it and in related businessesAgent, unless otherwise consented to by the Required Lenders. Borrower shall continue to own directly or indirectly one hundred percent (100%) of the Subsidiary Guarantors. (b) The Each of Borrower and the Trust Guarantors (i) will cause all of their properties and those of their respective Subsidiaries used or useful in the conduct of its business or the business of its Subsidiaries to be maintained and kept in good condition, repair and working order (ordinary wear and tear excepted) and supplied with all necessary equipment, and (ii) will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof in all cases in which the failure so to do the foregoing pursuant to clause (i) or (ii) would have a material adverse effect on the condition of any Unencumbered Property included in the applicable calculation of Unencumbered Borrowing Base Property Asset Value or on the financial condition, assets or operations of the Borrower, any Guarantor and their respective Subsidiarieswould cause a Material Adverse Effect. (c) The common stock of the Trust shall at all times be listed for trading and be traded on the New York Stock Exchange.

Existence; Maintenance of Properties. (a) The Borrower Borrowers will do or cause to be done all things necessary to preserve and keep in full force and effect its their existence as a Delaware Texas limited partnershippartnerships. The Trust will do or cause to be done all things necessary to preserve and keep in full force and effect its existence as a Maryland real estate investment trust. The Each Borrower and the Trust will cause each of their respective its Restricted Subsidiaries to do or cause to be done all things necessary to preserve and keep in full force and effect its legal existence. The Borrower and the Guarantors Borrowers will do or cause to be done all things necessary to preserve and keep in full force all of their respective material rights and franchises and those of their respective Restricted Subsidiaries. The Borrower and the Trust Borrowers will, and will cause each of their respective Restricted Subsidiaries to, continue to engage primarily in the businesses now conducted by it and in related businesses. (b) The Borrower and Irrespective of whether proceeds of the Trust Loans are available for such purpose, the Borrowers (i) will cause all of their respective properties and those of their respective Restricted Subsidiaries used or useful in the conduct of its business or the business of its their respective Restricted Subsidiaries to be maintained and kept in good condition, repair and working order (ordinary wear and tear excepted) and supplied with all necessary equipment, and (ii) will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof in all cases in which the failure so to do the foregoing pursuant to clause (i) or (ii) would have a material adverse effect on the condition of the applicable Unencumbered Borrowing Base Property its properties or on the financial condition, assets or operations of the Borrower, any Guarantor Borrowers and their respective Restricted Subsidiaries. (c) The common stock of the Trust shall at all times be listed for trading and be traded on the New York Stock Exchange.

Existence; Maintenance of Properties. (a) The Borrower will do or cause to be done all things necessary to preserve and keep in full force and effect its existence as a Delaware limited partnership. The Trust will do or cause to be done all things necessary to preserve and keep in full force and effect its existence as a Maryland real estate investment trust. The Borrower and the Trust will cause each of their respective Subsidiaries to do or cause to be done all things necessary to preserve and keep in full force and effect its legal existence. The Borrower and the Guarantors will do or cause to be done all things necessary to preserve and keep in full force all of their respective rights and franchises and those of their Subsidiaries. The Borrower and the Trust will, and will cause each of their respective Subsidiaries to, continue to engage primarily in the businesses now conducted by it and in related businesses. (b) The Borrower and the Trust (i) will cause all of their properties and those of their respective Subsidiaries used or useful in the conduct of its business or the business of its Subsidiaries to be maintained and kept in good condition, repair and working order (ordinary wear and tear excepted) and supplied with all necessary equipment, and (ii) will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof in all cases in which the failure so to do the foregoing pursuant to clause (i) or (ii) would have a material adverse effect on the condition of the applicable Unencumbered Borrowing Base Mortgaged Property or on the financial condition, assets or operations of the Borrower, any Guarantor and their respective Subsidiaries. (c) The common stock of the Trust shall at all times be listed for trading and be traded on the New York Stock Exchange.

Existence; Maintenance of Properties. (a) The Borrower will do or cause to be done all things necessary to preserve and keep in full force and effect its existence as a Delaware limited partnership. The Trust will do or cause to be done all things necessary to preserve and keep in full force and effect its existence as a Maryland real estate investment trustMinnesota corporation. The Borrower and the Trust will cause each of their respective its Subsidiaries to do or cause to be done all things necessary to preserve and keep in full force and effect its their respective legal existenceexistences and good standing in their respective jurisdictions of incorporation, organization or formation (as the case may be). The Borrower will do or cause to be done all things necessary to preserve or establish its, and each of its Subsidiaries', good standing as a foreign entity and due authorization to do business in the Guarantors jurisdictions described in Section 6.1(a)(ii) hereof. The Borrower shall continue to own directly and indirectly one hundred percent (100%) of the Voting Interests and economic interests in its Subsidiaries other than Securitization Subsidiaries. The Borrower will do or cause to be done all things necessary to preserve and keep in full force and effect all of their respective its rights and franchises and those of their its Subsidiaries. The Borrower and the Trust will, and will cause each of their respective its Subsidiaries to, continue to engage primarily in the businesses now conducted by it and in related businesses. (b) The Borrower and the Trust (i) will cause all of their its properties and those of their respective its Subsidiaries used or useful in the conduct of its business or the business of its Subsidiaries to be maintained and kept in good condition, repair and working order (ordinary wear and tear excepted) and supplied with all necessary equipment, and (ii) will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof in all cases in which the failure so to do the foregoing pursuant to clause (i) or (ii) would have a material adverse effect on the condition of the applicable Unencumbered Borrowing Base Property or on the financial condition, assets or operations of the Borrower, Borrower or any Guarantor and their respective of its Subsidiaries. (c) The common stock of the Trust shall at all times be listed for trading and be traded on the New York Stock Exchange.

Existence; Maintenance of Properties. (a) The Borrower will do or cause to be done all things necessary to preserve and keep in full force and effect its existence as a Delaware California limited partnership. The Trust PSB will do or cause to be done all things necessary to preserve and keep in full force and effect its existence as a Maryland real estate investment trustCalifornia corporation. The Borrower and the Trust PSB will cause each of their respective Subsidiaries to do or cause to be done all things necessary to preserve and keep in full force and effect its their respective legal existence. The Each of the Borrower and the Guarantors PSB will do or cause to be done all things necessary to preserve and keep in full force all of their respective its rights and franchises and those of their its Subsidiaries. The Borrower PSB shall at all times comply with all requirements and applicable laws and regulations necessary to maintain REIT Status, and shall continue to elect to receive REIT Status. PSB and the Trust Borrower will, and will cause each of their respective its Subsidiaries to, continue to engage primarily in the businesses now conducted by it and in related businesses. (b) The Irrespective of whether proceeds of the Loans are available for such purpose, the Borrower and the Trust (i) will cause all of their its properties and those of the Guarantors and their respective Subsidiaries used or useful in the conduct of its business or the business of its Subsidiaries such Persons to be maintained and kept in good condition, repair and working order (ordinary wear and tear excepted) and supplied with all necessary equipment, and (ii) will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof in all cases in which the failure so to do the foregoing pursuant to clause (i) or (ii) would have a material adverse effect on the condition of the applicable Unencumbered Borrowing Base Property its properties or on the financial condition, assets or operations of the Borrower, any Guarantor and the Guarantors or their respective Subsidiaries. (c) The common stock of the Trust shall PSB will at all times be listed for trading and be traded on the American Stock Exchange, the New York Stock ExchangeExchange or NASDAQ.

Existence; Maintenance of Properties. (a) The Borrower will do or cause to be done all things necessary to preserve and keep in full force and effect its existence as a Delaware limited partnership. The Trust Guarantor will do or cause to be done all things necessary to preserve and keep in full force and effect its existence as a Maryland real estate investment trust. The Borrower and the Trust will cause each of their respective its Subsidiaries to do or cause to be done all things necessary to preserve and keep in full force and effect its legal existence. The Borrower and the Guarantors Guarantor will do or cause to be done all things necessary to preserve and keep in full force all of their respective rights and franchises and those of their Subsidiaries. The Borrower and the Trust will, and will cause each of their respective its Subsidiaries to, continue to engage primarily in the businesses now conducted by it and in related businesses. (b) The Borrower and the Trust (i) will cause all of their its properties and those of their respective its Subsidiaries used or useful in the conduct of its business or the business of its Subsidiaries to be maintained and kept in good condition, repair and working order (ordinary wear and tear excepted) and supplied with all necessary equipment, and (ii) will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof in all cases in which the failure so to do the foregoing pursuant to clause (i) or (ii) would have a material adverse effect on the condition of the applicable Unencumbered Borrowing Base Property any Real Estate or on the financial condition, assets or operations of the Borrower, any Guarantor Borrower and their respective its Subsidiaries. (c) The common stock of the Trust Guarantor shall at all times be listed for trading and be traded on the New York Stock Exchange.

Existence; Maintenance of Properties. (a) The Borrower will (i) do or cause to be done all things necessary to preserve and keep in full force and effect its existence as a Delaware limited partnership. The Trust will do or cause to be done all things necessary to preserve and keep in full force and effect its existence as a Maryland real estate investment trust. The Borrower and the Trust , (ii) will cause the Guarantors and each of their respective Subsidiaries to do or cause to be done all things necessary to preserve and keep in full force and effect its legal existence. The Borrower and the Guarantors will , (iii) do or cause to be done all things necessary to preserve and keep in full force all of their respective its rights and franchises and those of Guarantors and their respective Subsidiaries, except with respect to Subsidiaries that are not Guarantors or CDO Subsidiaries in each case where such failure individually or in the aggregate could not reasonably be expected to have a Material Adverse Effect (except in each as to case clauses (ii) and (iii) for the dissolution of Subsidiaries which no longer own any assets or as a result of mergers, reorganizations and other matters permitted pursuant to §8.4). The common stock of GKK shall at all times be listed for trading and be traded on the New York Stock Exchange or another nationally recognized stock exchange, unless otherwise consented to by the Majority Banks. The Borrower shall cause GKK to at all times comply with the requirements of all applicable laws and regulations necessary to maintain REIT Status and shall elect to be treated as a real estate investment trust under the Trust will, and will cause each of their respective Subsidiaries to, continue to engage primarily in the businesses now conducted by it and in related businessesCode. (b) The Borrower and the Trust (i) will cause all of their its properties and those of Guarantors and their respective Subsidiaries used or useful in the conduct of its business or the business of its Subsidiaries to be maintained and kept in good condition, repair and working order (ordinary wear and tear excepted) and supplied with all necessary equipment, and (ii) will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof thereof, in all cases in which the failure so to do the foregoing pursuant could reasonably be expected to clause (i) or (ii) would have a material adverse effect on the condition of the applicable Unencumbered Borrowing Base Property or on the financial condition, assets or operations of the Borrower, any Guarantor and their respective SubsidiariesMaterial Adverse Effect. (c) The common stock of the Trust shall at all times be listed for trading and be traded on the New York Stock Exchange.

Existence; Maintenance of Properties. (a) The Borrower will do or cause to be done all things necessary to preserve and keep in full force and effect its existence as a Delaware limited partnership. The Trust Guarantor will do or cause to be done all things necessary to preserve and keep in full force and effect its existence as a Maryland real estate investment trust. The Borrower and the Trust Guarantor will cause each of their respective Subsidiaries to do or cause to be done all things necessary to preserve and keep in full force and effect its legal existence. The Borrower and the Guarantors Guarantor will do or cause to be done all things necessary to preserve and keep in full force all of their respective rights and franchises and those of their Subsidiaries. The Borrower and the Trust will, and will cause each of their respective its Subsidiaries to, continue to engage primarily in the businesses now conducted by it and in related businesses. (b) The Borrower and the Trust (i) will cause all of their its properties and those of their respective Subsidiaries used or useful in the conduct of its business or the business of its Subsidiaries to be maintained and kept in good condition, repair and working order (ordinary wear and tear excepted) and supplied with all necessary equipment, and (ii) will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof in all cases in which the failure so to do the foregoing pursuant to clause (i) or (ii) would have a material adverse effect on the condition of the applicable Unencumbered Borrowing Base Collateral Property or on the financial condition, assets or operations of the Borrower, any Guarantor and their respective Subsidiaries. (c) The common stock of the Trust Guarantor shall at all times be listed for trading and be traded on the New York Stock Exchange.

Existence; Maintenance of Properties. (a1) The Borrower will do or cause to be done all things necessary to preserve and keep in full force and effect its existence as a Delaware limited partnership. The Trust WRP will do or cause to be done all things necessary to preserve and keep in full force and effect its existence as a Maryland real estate investment trustcorporation and Highlands' existence as a Colorado corporation. The Borrower Bond Issuer will do or cause to be done all things necessary to preserve and keep in full force and effect its existence as a Colorado nonprofit corporation. WRP and the Trust Bond Issuer will cause each of their respective Subsidiaries to do or cause to be done all things necessary to preserve and keep in full force and effect its legal existence. The Borrower WRP and the Guarantors Bond Issuer will do or cause to be done all things necessary to preserve and keep in full force all of their respective its rights and franchises and those of their its Subsidiaries. The Borrower WRP and the Trust Bond Issuer will, and will cause each of their respective Subsidiaries to, continue to engage primarily in the businesses now conducted by it and in related businesses. (b2) The Borrower and the Trust Account Parties (i) will cause all of their properties and those of their respective Subsidiaries (including but not limited to Highlands) used or useful in the conduct of its business or the business of its such Subsidiaries to be maintained and kept in good condition, repair and working order (ordinary wear and tear excepted) and supplied with all necessary equipment, and (ii) will cause to be made all necessary repairs, renewals, replacements, betterments betterment and improvements thereof in all cases in which the failure so to do the foregoing pursuant to clause (i) or (ii) would have a material adverse effect on the condition of the applicable Unencumbered Borrowing Base Property its properties or on the financial condition, assets or operations of WRP and its Subsidiaries (taken as a whole), or the BorrowerBond Issuer and its Subsidiaries, any Guarantor and their respective Subsidiariesrespectively. (c) The common stock of the Trust shall at all times be listed for trading and be traded on the New York Stock Exchange.

Existence; Maintenance of Properties. (a) The Borrower will do or cause to be done all things necessary to preserve and keep in full force and effect its existence as a Delaware Virginia limited partnership. The Trust Guarantor will do or cause to be done all things necessary to preserve and keep in full force and effect its existence as a Maryland real estate investment trust. The Borrower and the Trust Guarantor will cause each of their respective Subsidiaries to do or cause to be done all things necessary to preserve and keep in full force and effect its legal existence. The Borrower and the Guarantors Guarantor will do or cause to be done all things necessary to preserve and keep in full force all of their respective rights and franchises and those of their Subsidiaries. The Borrower and the Trust Guarantor will, and will cause each of their respective Subsidiaries to, continue to engage primarily in the businesses now conducted by it and in related businesses; provided that (subject to the terms of Section 8.7) the foregoing shall not prohibit the sale of assets by Subsidiaries of Borrower in the ordinary course of business and the dissolution of Subsidiaries of Borrower which have no assets or which are inactive. (b) The Borrower and the Trust Guarantor (i) will cause all of their properties and those of their respective Subsidiaries used or useful in the conduct of its business or the business of its Subsidiaries to be maintained and kept in good condition, repair and working order (ordinary wear and tear excepted) and supplied with all necessary equipment, and (ii) will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof in all cases in which the failure so to do the foregoing pursuant could reasonably be expected to clause (i) or (ii) would have a material adverse effect on the condition of the applicable Unencumbered Borrowing Base Property or on the financial condition, assets or operations of the Borrower, any Guarantor and their respective SubsidiariesMaterial Adverse Effect. (c) The common stock of the Trust Guarantor shall at all times be listed for trading and be traded on the New York Stock Exchange.

Existence; Maintenance of Properties. (a) The Except as permitted under §§8.4 and 8.8, the Borrower and each Guarantor will do (i) preserve and keep in full force and effect their legal existence in the jurisdiction of its incorporation or formation and (ii) will cause to be done all things necessary each of their respective Subsidiaries that are not Guarantors to preserve and keep in full force and effect their legal existence in the jurisdiction of its existence as incorporation or formation except where such failure has not had and could not reasonably be expected to have a Delaware limited partnership. The Trust will do or cause to be done all things necessary to preserve and keep in full force and effect its existence as a Maryland real estate investment trustMaterial Adverse Effect. The Borrower and the Trust each Guarantor will cause each of their respective Subsidiaries to do or cause to be done all things necessary to preserve and keep in full force and effect its legal existence. The Borrower and the Guarantors will do or cause to be done all things necessary to preserve and keep in full force all of their respective rights and franchises and those of their respective Subsidiaries, the preservation of which is necessary to the conduct of their business (except with respect to Subsidiaries of the Borrower that are not Guarantors, where such failure has not had and could not reasonably be expected to have a Material Adverse Effect). The Borrower shall cause REIT to at all times comply with all requirements and the Trust will, Applicable Laws and will cause each of their respective Subsidiaries to, regulations necessary to maintain REIT Status and continue to engage primarily in receive REIT Status. The Borrower shall continue to own directly or indirectly one hundred percent (100%) of the businesses now conducted by it Subsidiary Guarantors. The common stock of REIT shall at all times during the term of this Agreement be listed for trading and in related businessesbe traded on the New York Stock Exchange or another nationally recognized exchange. (b) The Borrower and the Trust each Guarantor (i) will cause all of their its properties and those of their respective its Subsidiaries used or useful in the conduct of its business or the business of its Subsidiaries to be maintained and kept in good condition, repair and working order (ordinary wear and tear excepted) and supplied with all necessary equipment, and (ii) will cause to be made all necessary repairs, renewals, replacements, betterments replacements and improvements thereof reasonably necessary to maintain such good condition, repair and working order, in all cases in which each case the failure so to do the foregoing pursuant to clause (i) or (ii) would have of which involving a material adverse effect on the condition of the applicable Unencumbered property that is not a Borrowing Base Property or on the financial condition, assets or operations of the Borrower, any Guarantor and their respective Subsidiarieswould result in a Material Adverse Effect. (c) The common stock of the Trust shall at all times be listed for trading and be traded on the New York Stock Exchange.

Existence; Maintenance of Properties. (a) The Borrower will do or cause to be done all things necessary to preserve and keep in full force and effect its existence as a Delaware limited partnership. The Trust will do or cause to be done all things necessary to preserve and keep in full force and effect its existence as a Maryland real estate investment trust. The Borrower and the Trust will cause each of their respective Subsidiaries to do or cause to be done all things necessary to preserve and keep in full force and effect its legal existence. The Borrower and the Guarantors will do or cause to be done all things necessary to preserve and keep in full force all of their respective rights and franchises and those of their Subsidiaries. The Borrower and the Trust will, and will cause each of their respective Subsidiaries to, continue to engage primarily in the businesses now conducted by it and in related businesses. (b) The Borrower and the Trust (i) will cause all of their properties and those of their respective Subsidiaries used or useful in the conduct of its business or the business of its Subsidiaries to be maintained and kept in good condition, repair and working order (ordinary wear and tear excepted) and supplied with all necessary equipment, and (ii) will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof in all cases in which the failure so to do the foregoing pursuant to clause (i) or (ii) would have a material adverse effect on the condition of the applicable Unencumbered Borrowing Base Property or on the financial condition, assets or operations of the Borrower, any Guarantor and their respective Subsidiaries. (c) The common stock of the Trust shall at all times be listed for trading and be traded on the New York Stock Exchange.

Existence; Maintenance of Properties. (a) The Borrower Borrowers will do or cause to be done all things necessary to preserve and keep in full force and effect its existence as a Delaware limited partnershippartnership or Maryland corporation, as applicable. The Trust will do or cause to be done all things necessary to preserve and keep in full force and effect its existence as a Maryland real estate investment trust. The Borrower and the Trust Borrowers will cause each of their respective Subsidiaries to do or cause to be done all things necessary to preserve and keep in full force and effect its legal existence. The Each Borrower and the Guarantors will do or cause to be done all things necessary to preserve and keep in full force all of their respective its rights and franchises and those of their its Subsidiaries. The Each Borrower and the Trust will, and will cause each of their respective its Subsidiaries to, continue to engage primarily in the businesses now conducted by it and in related businesses. (b) The Irrespective of whether proceeds of the Loans are available for such purpose, each Borrower and the Trust (i) will cause all of their its properties and those of their respective its Subsidiaries used or useful in the conduct of its business or the business of its Subsidiaries to be maintained and kept in good condition, repair and working order (ordinary wear and tear excepted) and supplied with all necessary equipment, and (ii) will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof in all cases in which the failure so to do the foregoing pursuant to clause (i) or (ii) would have a material adverse effect on the condition of the applicable Unencumbered Borrowing Base Property its properties or on the financial condition, assets or operations of the Borrower, any Guarantor such Borrower and their respective its Subsidiaries. (c) The common stock of the Trust shall Wald▇▇ ▇▇▇ll at all times be listed for trading and be traded on the New York Stock Exchange.

Existence; Maintenance of Properties. (a) The Borrower will do or cause to be done all things necessary to preserve and keep in full force and effect its existence as a Delaware limited partnership. The Trust Guarantor will do or cause to be done all things necessary to preserve and keep in full force and effect its existence as a Maryland real estate investment trust. The Borrower and the Trust Guarantor will cause each of their respective Subsidiaries to do or cause to be done all things necessary to preserve and keep in full force and effect its legal existence. The Borrower and the Guarantors Guarantor will do or cause to be done all things necessary to preserve and keep in full force all of their respective rights and franchises and those of their Subsidiaries. The Borrower and the Trust will, and will cause each of their respective its Subsidiaries to, continue to engage primarily in the businesses now conducted by it and in related businesses. (b) The Borrower and the Trust (i) will cause all of their its properties and those of their respective its Subsidiaries used or useful in the conduct of its business or the business of its Subsidiaries to be maintained and kept in good condition, repair and working order (ordinary wear and tear excepted) and supplied with all necessary equipment, and (ii) will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof in all cases in which the failure so to do the foregoing pursuant to clause (i) or (ii) would have a material adverse effect on the condition of the applicable Unencumbered Borrowing Base Property any Real Estate or on the financial condition, assets or operations of the Borrower, any Guarantor Borrower and their respective its Subsidiaries. (c) The common stock of the Trust Guarantor shall at all times be listed for trading and be traded on the New York Stock Exchange.