Common use of Existence; Maintenance of Properties Clause in Contracts

Existence; Maintenance of Properties. (a) Except as permitted under §§8.4 and 8.8, the Borrower and each Guarantor will (i) preserve and keep in full force and effect their legal existence in the jurisdiction of its incorporation or formation and (ii) will cause 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 incorporation or formation except where such failure has not had and could not reasonably be expected to have a Material Adverse Effect. The Borrower and each Guarantor will preserve and keep in full force all of their 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). REIT shall at all times comply with all requirements and applicable laws and regulations necessary to maintain REIT Status and shall continue to receive REIT Status. The Borrower shall continue to own directly or indirectly one hundred percent (100%) of the Subsidiary Guarantors. (b) The Borrower and each Guarantor (i) will cause all of its properties and those of 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.

Existence; Maintenance of Properties. (a) Except as permitted under by §§8.4 and 8.88.6(iii), the Borrower and the Guarantors will, and will cause each Guarantor will (i) of their respective Subsidiaries to, preserve and keep in full force and effect their legal existence in the jurisdiction of its incorporation or formation and (ii) will cause 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 incorporation or formation except where such failure has not had and could not reasonably be expected to have a Material Adverse Effectformation. The Borrower and each Guarantor the Guarantors will 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 and the failure to Subsidiaries of the Borrower that are not Guarantors, where such failure has not had and have which could not reasonably be expected to have a Material Adverse Effect). REIT Borrower shall at all times comply with all requirements and applicable laws and regulations necessary to maintain REIT Status and shall continue to receive REIT Status. The Borrower shall continue at all times cause its common shares to own directly be listed and traded on the New York Stock Exchange or indirectly one hundred percent (100%) of the Subsidiary Guarantorsanother national exchange reasonably approved by Agent. (b) The Borrower and each Guarantor the Guarantors (i) will cause all of its properties and those of 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, except in the case of either (i) and (ii) as they relate to properties that are not Unencumbered Pool Properties, where such failure would not have a Material Adverse Effect.

Existence; Maintenance of Properties. (a) Except as permitted under by §§8.4 and 8.88.6(iii), the Borrower and the Guarantors will, and will cause each Guarantor will (i) of their respective Subsidiaries to, preserve and keep in full force and effect their legal existence in the jurisdiction of its incorporation or formation and (ii) will cause 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 incorporation or formation except where such failure has not had and could not reasonably be expected to have a Material Adverse Effectformation. The Borrower and each Guarantor the Guarantors will 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 and the failure to Subsidiaries of the Borrower that are not Guarantors, where such failure has not had and have which could not reasonably be expected to have a Material Adverse Effect). REIT Borrower shall at all times comply with all requirements and applicable laws and regulations necessary to maintain REIT Status and shall continue to receive REIT Status. The Borrower shall continue at all times cause its common shares to own directly be listed and traded on the New York Stock Exchange or indirectly one hundred percent (100%) of the Subsidiary Guarantorsanother national exchange reasonably approved by Agent. (b) The Borrower and each Guarantor the Guarantors (i) will cause all of its properties and those of 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, except in the case of either (i) and (ii) as they relate to properties that are not Unencumbered Pool Properties, where such failure would not have a Material Adverse Effect.

Existence; Maintenance of Properties. (a) Except as permitted under §§8.4 and 8.8, the The Borrower and each Guarantor will (i) preserve and keep in full force and effect their legal existence in the jurisdiction of its incorporation or formation and (ii) will cause 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 incorporation or formation except where such failure has not had and could not reasonably be expected to have a Material Adverse Effectformation. The Borrower and each Guarantor will preserve and keep in full force all of their 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)business. REIT shall at all times comply with all requirements and applicable laws and regulations necessary to maintain REIT Status and shall continue to receive REIT Status. The Borrower common stock of REIT shall continue at all times be listed for trading and be traded on the American Stock Exchange or another national exchange reasonably approved by Agent, unless otherwise consented to own directly or indirectly one hundred percent (100%) of by the Subsidiary GuarantorsRequired Lenders. (b) The Borrower and each Guarantor (i) will cause all of its properties and those of 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 thereofthereof in all cases in which the failure so to do would have a material adverse effect on the condition of any Real Estate or would cause a Material Adverse Effect.

Existence; Maintenance of Properties. (a) Except as permitted under §§8.4 and 8.8, the Borrower and each Guarantor will (i) preserve and keep in full force and effect their legal existence in the jurisdiction of its incorporation or formation and (ii) will cause 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 incorporation or formation except where such failure has not had and could not reasonably be expected to have a Material Adverse Effect. The Borrower and each Guarantor will preserve and keep in full force all of their 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). REIT shall at all times comply with all requirements and applicable laws and regulations necessary to maintain REIT Status and shall continue to receive REIT Status. The Borrower shall continue to own directly or indirectly one hundred percent (100%) of the Subsidiary Guarantors. (b) The Borrower and each Guarantor (i) will cause all of its properties and those of 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.

Existence; Maintenance of Properties. (a) Except as permitted under §§8.4 and 8.8, the Borrower and each Guarantor will (i) preserve and keep in full force and effect their legal existence in the jurisdiction of its incorporation or formation formation, and shall not consummate, nor shall any of its partners, members or managers, take any action in furtherance of or consummate, a Division, and (ii) will cause 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 incorporation or formation except where such failure has not had and could not reasonably be expected to have a Material Adverse Effect. The Borrower and each Guarantor will preserve and keep in full force all of their 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). REIT shall at all times comply with all requirements and applicable laws and regulations necessary to maintain REIT Status and shall continue to receive REIT Status. The Borrower shall continue to own directly or indirectly one hundred percent (100%) of the Subsidiary Guarantors. (b) The Borrower and each Guarantor (i) will cause all of its properties and those of 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 US_ACTIVE\121755035\V-6 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.

Existence; Maintenance of Properties. (a) Except as permitted under by §§8.4 and 8.88.6(iii), the Borrower and the Guarantors will, and will cause each Guarantor will (i) of their respective Subsidiaries to, preserve and keep in full force and effect their legal existence in the jurisdiction of its incorporation or formation and (ii) will cause 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 incorporation or formation except where such failure has not had and could not reasonably be expected to have a Material Adverse Effectformation. The Borrower and each Guarantor the Guarantors will 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 and the failure to Subsidiaries of the Borrower that are not Guarantors, where such failure has not had and have which could not reasonably be expected to have a Material Adverse Effect). REIT Borrower shall at all times comply with all requirements and applicable laws and regulations necessary to maintain REIT Status and shall continue to receive REIT Status. Following the IPO Event,The Borrower shall continue at all times cause its common shares to own directly be listed and traded on the New York Stock Exchange or indirectly one hundred percent (100%) of the Subsidiary Guarantorsanother national exchange reasonably approved by Agent. (b) The Borrower and each Guarantor the Guarantors (i) will cause all of its properties and those of 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, except in the case of either (i) and (ii) as they relate to properties that are not Unencumbered Pool Properties, where such failure would not have a Material Adverse Effect.

Existence; Maintenance of Properties. (a) Except as permitted under §§8.4 and 8.8, Each of the Borrower and each Guarantor Borrowers will (i) preserve and keep in full force and effect their legal existence in the jurisdiction of its incorporation do or formation and (ii) will cause each of their respective Subsidiaries that are not Guarantors to be done all things necessary to preserve and keep in full force and effect their its legal existence in the jurisdiction of its incorporation or formation except where such failure has not had and could not reasonably be expected to have a Material Adverse Effect. The Borrower and each Guarantor will preserve and keep in full force all of their existence, rights and franchises and those of their respective its Subsidiaries, the preservation of which is necessary to the conduct of their business (except with respect to Subsidiaries . Each 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). REIT shall at all times comply with all requirements and applicable laws and regulations necessary to maintain REIT Status and shall continue to receive REIT Status. The Borrower shall continue to own directly or indirectly one hundred percent Borrowers (100%) of the Subsidiary Guarantors. (b) The Borrower and each Guarantor (ia) will cause all of its properties and those of 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 reasonable wear and tear and obsolescence excepted) and supplied with all necessary equipment, and (iib) will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereof, all as in the judgment of the Borrowers may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times, and (c) will, and will cause each of its Subsidiaries to, continue to engage primarily in the businesses now conducted by them and in related businesses; provided that nothing in this §9.6 shall prevent any Borrower from discontinuing the operation and maintenance of any of its properties or any of those of its Subsidiaries if such discontinuance is, in the judgment of such Borrower, desirable in the conduct of its or their business and that do not in the aggregate have a Material Adverse Effect.

Existence; Maintenance of Properties. (a) Except as permitted under by §§8.4 and 8.88.6(iii), the Borrower and the Guarantors will, and will cause each Guarantor will (i) of their respective Subsidiaries to, preserve and keep in full force and effect their legal existence in the jurisdiction of its incorporation or formation and (ii) will cause 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 incorporation or formation except where such failure has not had and could not reasonably be expected to have a Material Adverse Effectformation. The Borrower and each Guarantor the Guarantors will 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 and the failure to Subsidiaries of the Borrower that are not Guarantors, where such failure has not had and have which could not reasonably be expected to have a Material Adverse Effect). REIT Borrower shall at all times comply with all requirements and applicable laws and regulations necessary to maintain REIT Status and shall continue to receive REIT Status. The Following the IPO Event, Borrower shall continue at all times cause its common shares to own directly be listed and traded on the New York Stock Exchange or indirectly one hundred percent (100%) of the Subsidiary Guarantorsanother national exchange reasonably approved by Agent. (b) The Borrower and each Guarantor the Guarantors (i) will cause all of its properties and those of 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, except in the case of either (i) and (ii) as they relate to properties that are not Unencumbered Pool Properties, where such failure would not have a Material Adverse Effect.

Existence; Maintenance of Properties. (a) Except as permitted under §§8.4 and 8.8, the The Borrower and each Guarantor will (i) preserve and keep in full force and effect their its existence as a Wisconsin corporation. Each Guarantor will preserve and keep in full force and effect its legal existence in the jurisdiction of its incorporation or formation and (ii) formation. The Borrower will cause each of their respective its Subsidiaries that are not Guarantors to preserve and keep in full force and effect their legal existence in the jurisdiction of its incorporation or formation except where such failure has not had and could not reasonably be expected to have a Material Adverse Effect. The Borrower and each Guarantor will preserve and keep in full force all of their its rights and franchises and those of their respective its Subsidiaries, the preservation of which is necessary to the conduct of their business (except with respect to Subsidiaries of the Borrower that are not GuarantorsBorrower, where such failure has not had and could not reasonably be expected to have a Material Adverse Effect). REIT Parent shall at all times comply with all requirements and applicable laws and regulations necessary to maintain REIT Status and shall continue to receive REIT Status. The Borrower common stock of Parent shall continue at all times be listed for trading and be traded on NASDAQ, the New York Stock Exchange or another nationally recognized exchange unless otherwise consented to own directly or indirectly one hundred percent (100%) of by the Subsidiary GuarantorsRequired Lenders. (b) The Borrower and each Guarantor (i) will cause all of its properties and those of 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 and damage by casualty excepted) and supplied with all necessary equipment, and (ii) will cause to be made all necessary repairs, renewals, replacements, betterments and improvements thereofthereof in all cases in which the failure so to do would cause a Material Adverse Effect.