Common use of Maintenance of Properties Clause in Contracts

Maintenance of Properties. Except if the failure to do so could not reasonably be expected to have a Material Adverse Effect, (a) maintain, preserve and protect all of its material properties and equipment necessary in the operation of its business in good working order, repair and condition, ordinary wear and tear excepted and casualty or condemnation excepted, and (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions and additions thereof or thereto in accordance with prudent industry practice.

Appears in 73 contracts

Sources: Credit Agreement (Performance Food Group Co), Credit Agreement (Sally Beauty Holdings, Inc.), Credit Agreement (Performance Food Group Co)

Maintenance of Properties. Except if the failure to do so could not not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect, (a) maintain, preserve and protect all of its material properties and equipment necessary in the operation of its business in good working order, repair and condition, ordinary wear and tear excepted and casualty or condemnation excepted, and (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions and additions thereof or thereto in accordance with prudent industry practice.

Appears in 61 contracts

Sources: Credit Agreement (Alnylam Pharmaceuticals, Inc.), Term Loan Credit Agreement (RumbleOn, Inc.), Credit Agreement (DigitalOcean Holdings, Inc.)

Maintenance of Properties. Except if the failure to do so could would not reasonably be expected to have have, individually or in the aggregate, a Material Adverse Effect, (a) maintain, preserve and protect all of its material properties and equipment necessary used in the operation of its business in good working order, repair and condition, ordinary wear and tear excepted and casualty or condemnation excepted, and (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions and additions thereof or thereto in accordance with prudent industry practice.

Appears in 47 contracts

Sources: Credit Agreement (Life Time Group Holdings, Inc.), Credit Agreement (Signet Jewelers LTD), Credit Agreement (JOANN Inc.)

Maintenance of Properties. Except if the failure to do so could not reasonably be expected to have have, individually or in the aggregate, a Material Adverse Effect, (a) maintain, preserve and protect all of its material properties and equipment necessary in the operation of its business in good working order, repair and condition, ordinary wear and tear excepted and fire, casualty or condemnation excepted, and (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions and additions thereof or thereto in accordance with prudent industry practice.

Appears in 46 contracts

Sources: Term Loan Credit Agreement (NGL Energy Partners LP), Revolving Credit Agreement (WaterBridge Infrastructure LLC), Revolving Credit Agreement (WaterBridge Infrastructure LLC)

Maintenance of Properties. Except if the failure to do so could would not reasonably be expected to have have, individually or in the aggregate, a Material Adverse Effect, (a) maintain, preserve and protect all of its material properties and equipment necessary in the operation of its business in good working order, repair and condition, ordinary wear and tear excepted and fire, casualty or condemnation excepted, and (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions and additions thereof or thereto in accordance with prudent industry practice.

Appears in 42 contracts

Sources: Credit Agreement (Venture Global, Inc.), Credit Agreement (Venture Global, Inc.), Fifth Amended and Restated Credit Agreement (Iqvia Holdings Inc.)

Maintenance of Properties. Except if the failure to do so could not reasonably be expected to have a Material Adverse Effect, (a) maintain, preserve and protect all of its material properties and equipment necessary in the operation of its business in good working order, repair and condition, ordinary wear and tear excepted and casualty or and condemnation excepted, and (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions and additions thereof or thereto to material properties and equipment in accordance with prudent industry practice.

Appears in 39 contracts

Sources: Term Loan Credit Agreement (Fidelity National Information Services, Inc.), Revolving Credit Agreement (Fidelity National Information Services, Inc.), Credit Agreement (Dun & Bradstreet Holdings, Inc.)

Maintenance of Properties. Except if the failure to do so could would not reasonably be expected to have have, individually or in the aggregate, a Material Adverse Effect, (a) maintain, preserve and protect all of its material tangible or intangible properties and equipment necessary in the operation of its business in good working order, repair and condition, ordinary wear and tear excepted and fire, casualty or condemnation excepted, and (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions and additions thereof or thereto in accordance with prudent industry practice.

Appears in 38 contracts

Sources: Credit Agreement (Medline Inc.), Credit Agreement (Medline Inc.), Credit Agreement (Medline Inc.)

Maintenance of Properties. Except if the failure to do so could not reasonably be expected to have have, individually or in the aggregate, a Material Adverse Effect, (a) maintain, preserve and protect all of its material tangible or intangible properties and equipment necessary in the operation of its business in good working order, repair and condition, ordinary wear and tear excepted and fire, casualty or condemnation excepted, and (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions and additions thereof or thereto in accordance with prudent industry practice.

Appears in 38 contracts

Sources: Credit Agreement (Hilton Grand Vacations Inc.), Credit Agreement (Hilton Grand Vacations Inc.), Credit Agreement (Hilton Worldwide Holdings Inc.)

Maintenance of Properties. Except if the failure to do so could would not reasonably be expected to have a Material Adverse Effect, (a) maintain, preserve and protect all of its material properties and equipment necessary in the operation of its business in good working order, repair and condition, ordinary wear and tear excepted and casualty or condemnation excepted, excepted and (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions and additions thereof or thereto in accordance consistent with prudent industry past practice.

Appears in 35 contracts

Sources: Superpriority Secured Debtor in Possession Credit Agreement (iHeartMedia, Inc.), Credit Agreement (Clear Channel Outdoor Holdings, Inc.), Credit Agreement (iHeartCommunications, Inc.)

Maintenance of Properties. Except if (a) Maintain, preserve and protect all of its properties and equipment necessary in the operation of its business in good working order and condition, ordinary wear and tear excepted, except where the failure to do so could not reasonably be expected to have a Material Adverse Effect, (a) maintain, preserve and protect all of its material properties and equipment necessary in the operation of its business in good working order, repair and condition, ordinary wear and tear excepted and casualty or condemnation excepted, ; and (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions repairs thereto and additions renewals and replacements thereof or thereto in accordance with prudent industry practiceexcept where the failure to do so could not reasonably be expected to have a Material Adverse Effect.

Appears in 32 contracts

Sources: Term Loan Agreement (Vontier Corp), Credit Agreement (Vontier Corp), Term Loan Agreement (Vontier Corp)

Maintenance of Properties. Except if the failure to do so could not reasonably be expected to have have, individually or in the aggregate, a Material Adverse Effect, (a) maintain, preserve and protect all of its material tangible properties and equipment that are necessary in the operation of its business in good working order, repair and condition, ordinary wear and tear excepted and casualty or condemnation excepted, and (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions and additions thereof or thereto in accordance with prudent industry practice.

Appears in 31 contracts

Sources: Credit Agreement (Townsquare Media, Inc.), Credit Agreement (KLDiscovery Inc.), Credit Agreement (KLDiscovery Inc.)

Maintenance of Properties. Except if the failure to do so could would not reasonably be expected to have have, individually or in the aggregate, a Material Adverse Effect, (a) maintain, preserve and protect all of its material properties and equipment necessary used in the operation of its business in good working order, repair and condition, ordinary wear and tear excepted and casualty or condemnation excepted and any repairs and replacements that are the obligation of the owner or landlord of any property leased by the Borrower or any of the Restricted Subsidiaries excepted, and (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions and additions thereof or thereto in accordance with prudent industry practice.

Appears in 26 contracts

Sources: Credit Agreement (LifeStance Health Group, Inc.), Credit Agreement (LifeStance Health Group, Inc.), Credit Agreement (WideOpenWest, Inc.)

Maintenance of Properties. Except if the failure to do so could not would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect, (a) maintain, preserve and protect all of its material properties and equipment necessary in the operation of its business in good working order, repair and condition, ordinary wear and tear excepted and casualty or condemnation excepted, and (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions and additions thereof or thereto in accordance with prudent industry practice.

Appears in 26 contracts

Sources: Credit Agreement (Wyndham Hotels & Resorts, Inc.), Credit Agreement (Clear Channel Outdoor Holdings, Inc.), Credit Agreement (Clear Channel Outdoor Holdings, Inc.)

Maintenance of Properties. Except if the failure to do so could would not reasonably be expected to have have, individually or in the aggregate, a Material Adverse Effect, (a) maintain, preserve and protect all of its material tangible properties and equipment that are necessary in the operation of its business in good working order, repair and condition, ordinary wear and tear excepted and casualty or condemnation excepted, and (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions and additions thereof or thereto in accordance with prudent industry practice.

Appears in 25 contracts

Sources: Credit Agreement (Karman Holdings Inc.), Credit Agreement (StandardAero, Inc.), Credit Agreement (Allison Transmission Holdings Inc)

Maintenance of Properties. Except if the failure to do so could would not reasonably be expected to have a Material Adverse Effect, (a) maintain, preserve and protect all of its material properties and equipment necessary in the operation of its business in good working order, repair and condition, ordinary wear and tear excepted and casualty or condemnation excepted, and (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions and additions thereof or thereto in accordance with prudent industry practice.

Appears in 25 contracts

Sources: Incremental Commitment Amendment (Warner Music Group Corp.), Credit Agreement (Warner Music Group Corp.), Incremental Commitment Amendment (Warner Music Group Corp.)

Maintenance of Properties. Except if the failure to do so could not reasonably be expected to have a Material Adverse Effect, (a) maintain, preserve and protect all of its material properties and equipment necessary in the operation of its business in good working order, repair and condition, ordinary wear and tear excepted and casualty or condemnation excepted, and (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions and additions thereof or thereto in accordance with prudent industry practice.

Appears in 22 contracts

Sources: Credit and Guaranty Agreement (Milacron Holdings Corp.), Credit Agreement, Second Lien Credit Agreement (Syniverse Holdings Inc)

Maintenance of Properties. Except if the failure to do so could not reasonably be expected to have have, individually or in the aggregate, a Material Adverse Effect, (a) maintain, preserve and protect all of its material properties and equipment necessary in the operation of its business in good working order, repair and condition, ordinary wear and tear excepted and fire, casualty or condemnation excepted, and (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions and additions thereof or thereto in accordance with prudent industry practicepractice and in the normal conduct of its business.

Appears in 19 contracts

Sources: Credit Agreement (SeaWorld Entertainment, Inc.), Credit Agreement (SeaWorld Entertainment, Inc.), Credit Agreement (Delta Tucker Holdings, Inc.)

Maintenance of Properties. Except if the failure to do so could not reasonably be expected to have a Material Adverse Effect, (a) maintainMaintain, preserve and protect all of its material properties and equipment necessary used in the operation of its business in good working order, repair and condition, condition (ordinary wear and tear excepted and casualty or condemnation excepted), and (b) make all necessary renewalsexcept to the extent the failure to do so has not resulted in, replacementsor is not reasonably expected, modificationsindividually or in the aggregate, improvements, upgrades, extensions and additions thereof or thereto to result in accordance with prudent industry practicea Material Adverse Effect.

Appears in 18 contracts

Sources: Abl Revolving Credit Agreement (Domtar CORP), Credit Agreement (Allegro Microsystems, Inc.), Credit Agreement (Ironwood Pharmaceuticals Inc)

Maintenance of Properties. Except if Except, in each case, where the failure to do so could would not reasonably be expected to have a Material Adverse Effect, : (a) maintain, preserve and protect all of its material properties and equipment necessary in the operation of its business in good working order, repair order and condition, ordinary wear and tear excepted and casualty or condemnation excepted, ; and (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions repairs thereto and additions thereof or thereto in accordance with prudent industry practicerenewals and replacements thereof.

Appears in 16 contracts

Sources: Credit Agreement (Lands' End, Inc.), Term Loan Credit Agreement (Lands' End, Inc.), Term Loan Credit Agreement (Lands' End, Inc.)

Maintenance of Properties. Except if To the extent the failure to do so could not would be reasonably be expected likely to have a Material Adverse Effect, (a) maintain, preserve and protect all of its material properties and equipment necessary that are used or useful in the operation of its business in good working order, repair and condition, ordinary wear and tear excepted and casualty or condemnation excepted, and (b) make all necessary commercially reasonable and appropriate repairs, renewals, replacements, modifications, improvements, upgrades, extensions and additions thereof or thereto in accordance with prudent industry practicethereof.

Appears in 15 contracts

Sources: Senior Secured Credit Agreement (Bright Mountain Media, Inc.), Senior Secured Credit Agreement (Bright Mountain Media, Inc.), Senior Secured Credit Agreement (Bright Mountain Media, Inc.)

Maintenance of Properties. Except if the failure to do so could not reasonably be expected to have a Material Adverse Effect, (ai) maintain, preserve and protect all of its material tangible properties and equipment necessary in the operation of its business in good working order, repair and condition, ordinary wear and tear excepted and casualty or condemnation excepted, ; and (bii) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions and additions thereof or thereto in accordance with prudent industry practice.

Appears in 15 contracts

Sources: Credit Agreement (Nexstar Media Group, Inc.), Credit Agreement (Nexstar Media Group, Inc.), Credit Agreement (Nexstar Media Group, Inc.)

Maintenance of Properties. Except if the failure to do so could would not reasonably be expected to have have, individually or in the aggregate, a Material Adverse Effect, (a) maintain, preserve and protect all of its material properties and equipment necessary in the operation of its business in good working order, repair and condition, ordinary wear and tear excepted and casualty or condemnation excepted, and (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions and additions thereof or thereto in accordance with prudent industry practice.

Appears in 15 contracts

Sources: Credit Agreement (Cincinnati Bell Inc), Credit Agreement (SailPoint, Inc.), Amendment No. 4 to Credit Agreement and Limited Waiver and Amendment No. 1 to Security Agreement (Solo Brands, Inc.)

Maintenance of Properties. Except if (a) Maintain, preserve and protect, or make contractual or other provisions to cause to maintain, preserve or protect, all of its properties and equipment necessary in the operation of its business in good working order and condition, ordinary wear and tear excepted, in each case except where the failure to do so could not reasonably be expected to have a Material Adverse Effect, (a) maintain, preserve and protect all of its material properties and equipment necessary in the operation of its business in good working order, repair and condition, ordinary wear and tear excepted and casualty or condemnation excepted, ; and (b) make, or make contractual or other provisions to cause to be made, all necessary renewals, replacements, modifications, improvements, upgrades, extensions repairs thereto and additions renewals and replacements thereof or thereto in accordance with prudent industry practiceexcept where the failure to do so could not reasonably be expected to have a Material Adverse Effect.

Appears in 14 contracts

Sources: Credit Agreement (Healthpeak Properties, Inc.), Term Loan Agreement (Healthpeak Properties, Inc.), Credit Agreement (Healthpeak Properties, Inc.)

Maintenance of Properties. Except if (a) Maintain, preserve and protect, or make contractual or other provisions to cause to maintain, preserve or protect, all of its properties and equipment necessary in the operation of its business in good working order and condition, ordinary wear and tear excepted, in each case except where the failure to do so could not reasonably be expected to have a Material Adverse Effect, (a) maintain, preserve and protect all of its material properties and equipment necessary in the operation of its business in good working order, repair and condition, ordinary wear and tear excepted and casualty or condemnation excepted, and ; and (b) make, or make contractual or other provisions to cause to be made, all necessary renewals, replacements, modifications, improvements, upgrades, extensions repairs thereto and additions renewals and replacements thereof or thereto in accordance with prudent industry practiceexcept where the failure to do so could not reasonably be expected to have a Material Adverse Effect.

Appears in 13 contracts

Sources: Term Loan Agreement (Healthpeak Properties, Inc.), Credit and Guaranty Agreement (Ventas, Inc.), Credit and Guaranty Agreement (Ventas, Inc.)

Maintenance of Properties. Except if where the failure to do so could not reasonably be expected to have a Material Adverse Effect, (a) maintain, preserve and protect all of its material properties and equipment necessary in the operation of its business in good working order, repair order and condition, ordinary wear and tear excepted and casualty or condemnation excepted, and ; (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions repairs thereto and additions thereof or thereto renewals and replacements thereof; and (c) use the standard of care typical in accordance with prudent the industry practicein the operation and maintenance of its facilities.

Appears in 12 contracts

Sources: Credit Agreement (Targa Resources Corp.), Third Amendment and Restatement Agreement (Targa Resources Partners LP), Credit Agreement (Targa Resources Corp.)

Maintenance of Properties. Except if the failure to do so could not reasonably be expected to have have, individually or in the aggregate, a Material Adverse Effect, (a) maintain, preserve and protect all of its material properties and equipment necessary in the operation of its business in good working order, repair and condition, ordinary wear and tear excepted and casualty or condemnation excepted, and (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions and additions thereof or thereto in accordance with prudent industry practicepractice and in the normal conduct of its business.

Appears in 12 contracts

Sources: Credit Agreement (Nielsen Holdings PLC), Credit Agreement (Nielsen CO B.V.), Credit Agreement (Nielsen Holdings N.V.)

Maintenance of Properties. Except if to the extent failure to do so could the same is not reasonably be expected likely to have result in a Material Adverse Effect, : (a) maintain, preserve and protect all of its material properties and equipment necessary in the operation of its business in good working order, repair order and condition, ordinary wear and tear excepted and casualty or condemnation excepted, and ; (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions repairs thereto and additions thereof or thereto renewals and replacements thereof; and (c) use at least the standard of care typical in accordance with prudent the industry practicein the operation and maintenance of its facilities.

Appears in 11 contracts

Sources: Fifth Amended and Restated Credit Agreement (Cousins Properties Inc), Delayed Draw Term Loan Agreement (Cousins Properties Inc), Fourth Amended and Restated Credit Agreement (Cousins Properties Inc)

Maintenance of Properties. Except if where the failure to do so could would not reasonably be expected to have a Material Adverse Effect, (a) maintain, preserve and protect all of its material properties and equipment necessary in the operation of its business in good working order, repair order and condition, ordinary wear and tear excepted and casualty or condemnation excepted, and (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions repairs thereto and additions renewals and replacements thereof or thereto in accordance with prudent sound industry practice.

Appears in 10 contracts

Sources: Revolving Credit Agreement (Hasbro, Inc.), Term Loan Agreement (Hasbro, Inc.), Revolving Credit Agreement (Hasbro, Inc.)

Maintenance of Properties. Except if where the failure to do so could not reasonably be expected to have a Material Adverse Effect, (a) maintain, preserve and protect all of its material properties and equipment necessary in the operation of its business in good working order, repair order and condition, ordinary wear and tear excepted and casualty or condemnation excepted, ; and (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions repairs thereto and additions thereof or thereto in accordance with prudent industry practicerenewals and replacements thereof.

Appears in 10 contracts

Sources: Credit Agreement (Mastec Inc), Term Loan Agreement (Mastec Inc), Credit Agreement (Mastec Inc)

Maintenance of Properties. Except if the failure to do so could would not reasonably be expected to have have, individually or in the aggregate, a Material Adverse Effect, (a) maintain, preserve and protect all of its material tangible properties and equipment necessary in the operation of its business in good working order, repair and condition, ordinary wear and tear excepted and casualty or condemnation excepted, and (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions and additions thereof or thereto in accordance with prudent industry practicepractice and in the normal conduct of its business.

Appears in 10 contracts

Sources: Credit Agreement (OUTFRONT Media Inc.), Credit Agreement (OUTFRONT Media Inc.), Credit Agreement

Maintenance of Properties. Except if the failure to do so could not reasonably be expected to have have, individually or in the aggregate, a Material Adverse Effect, (a) maintain, preserve and protect all of its material properties and equipment necessary in the operation of its business in good satisfactory working order, repair and condition, ordinary wear and tear excepted and fire, casualty or condemnation excepted, and (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions and additions thereof or thereto in accordance with prudent industry practicepractice and in the normal conduct of its business.

Appears in 10 contracts

Sources: Credit Agreement (Yellow Corp), Credit Agreement (Yellow Corp), Loan and Security Agreement (YRC Worldwide Inc.)

Maintenance of Properties. Except if the failure to do so could not not, individually or in the aggregate for all Consolidated Group Entities, reasonably be expected to have a Material Adverse Effect, (ai) maintain, preserve and protect all of its material tangible properties and equipment necessary in the operation of its business in good working order, repair and condition, ordinary wear and tear excepted and casualty or condemnation excepted, ; and (bii) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions and additions thereof or thereto in accordance with prudent industry practice.

Appears in 10 contracts

Sources: Credit Agreement (Nexstar Media Group, Inc.), Credit Agreement (Nexstar Media Group, Inc.), Credit Agreement (Nexstar Media Group, Inc.)

Maintenance of Properties. Except if the failure to do so could not reasonably be expected to have a Material Adverse Effect, (ai) maintain, preserve and protect all of its material properties and equipment necessary in the operation of its business in good working order, repair and condition, ordinary wear and tear excepted and casualty or condemnation excepted, and (bii) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions and additions thereof or thereto in accordance with prudent industry practice.

Appears in 10 contracts

Sources: Senior Secured Credit Agreement (Polymer Group Inc), Credit Agreement (Polymer Group Inc), Senior Unsecured Bridge Credit Agreement (Polymer Group Inc)

Maintenance of Properties. Except if the failure to do so could not reasonably be expected to have a Material Adverse Effect, (a) maintainMaintain, preserve and protect all of its material properties and equipment necessary in the operation of its business in good working order, repair order and conditioncondition except to the extent the failure to do so could not reasonably be expected to have a Material Adverse Effect, ordinary wear and tear excepted and casualty or condemnation Casualty and Condemnation excepted, ; and (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions repairs thereto and additions renewals and replacements thereof or thereto in accordance with prudent industry practiceexcept where the failure to do so could not reasonably be expected to have a Material Adverse Effect.

Appears in 9 contracts

Sources: Credit Agreement (Acadia Healthcare Company, Inc.), Credit Agreement (Acadia Healthcare Company, Inc.), Credit Agreement (Acadia Healthcare Company, Inc.)

Maintenance of Properties. Except if the failure to do so could not reasonably be expected to have a Material Adverse Effect, (a) Use commercially reasonable efforts to maintain, preserve and protect all of its material properties and equipment necessary in the operation of its business in good working order, repair order and condition, ordinary wear and tear excepted tear, casualty losses and casualty or condemnation Recovery Events excepted, and . (b) make Make all necessary renewalsrepairs thereto and renewals and replacements thereof, replacementsexcept where the failure to do so could not reasonably be expected to have a Material Adverse Effect. (c) Use the standard of care typical in the industry in the operation and maintenance of its facilities, modifications, improvements, upgrades, extensions and additions thereof or thereto in accordance with prudent industry practiceexcept where the failure to do so could not reasonably be expected to have a Material Adverse Effect.

Appears in 8 contracts

Sources: Credit Agreement (Acadia Healthcare Company, Inc.), Credit Agreement (Acadia Healthcare Company, Inc.), Credit Agreement (Acadia Healthcare Company, Inc.)

Maintenance of Properties. Except if Maintain or cause to be maintained in good repair, working order and condition, ordinary wear and tear excepted, all properties used or useful in the business of Holdings, the Borrowers and the Restricted Subsidiaries and from time to time will make or cause to be made all appropriate repairs, renewals and replacements thereof, except, in each case, where the failure to do so could not reasonably be expected to have have, either individually or in the aggregate, a Material Adverse Effect, (a) maintain, preserve and protect all of its material properties and equipment necessary in the operation of its business in good working order, repair and condition, ordinary wear and tear excepted and casualty or condemnation excepted, and (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions and additions thereof or thereto in accordance with prudent industry practice.

Appears in 8 contracts

Sources: First Lien Credit and Guaranty Agreement (Corsair Gaming, Inc.), First Lien Credit and Guaranty Agreement (Corsair Gaming, Inc.), Second Lien Credit and Guaranty Agreement (Corsair Gaming, Inc.)

Maintenance of Properties. Except if the failure to do so could would not reasonably be expected to have have, individually or in the aggregate, a Material Adverse Effect, (a) maintain, preserve and protect all of its material properties and equipment necessary used in the operation of its business in good working order, repair and condition, ordinary wear and tear excepted and casualty or condemnation excepted and any repairs and replacements that are the obligation of the owner or landlord of any property leased by the Borrower or any of the Subsidiaries excepted, and (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions and additions thereof or thereto in accordance with prudent industry practice.

Appears in 8 contracts

Sources: Super Priority Credit Agreement (WideOpenWest, Inc.), Super Priority Credit Agreement (WideOpenWest, Inc.), Credit Agreement (Superior Industries International Inc)

Maintenance of Properties. Except if the failure to do so could not not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect, (a) maintain, preserve and protect all of its material properties and equipment necessary in the operation of its business in good working order, repair and condition, ordinary wear and tear excepted and casualty or condemnation excepted, and (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions and additions thereof or thereto in accordance with prudent industry practice.

Appears in 8 contracts

Sources: Credit Agreement (LyondellBasell Industries N.V.), Senior Secured Asset Based Credit Agreement (LyondellBasell Industries N.V.), Credit Agreement (Lyondell Chemical Co)

Maintenance of Properties. Except if the failure to do so could not reasonably be expected to have have, individually or in the aggregate, a Material Adverse Effect, (a) maintain, preserve and protect all of its material properties and equipment necessary in the operation of its business in good working order, repair and condition, ordinary wear and tear excepted and fire, casualty or condemnation excepted, and (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions and additions thereof or thereto in accordance with prudent industry practicepractice and in the normal conduct of its business.

Appears in 8 contracts

Sources: Credit Agreement (Surgery Partners, Inc.), Credit Agreement (Surgery Partners, Inc.), Credit Agreement (Surgery Partners, Inc.)

Maintenance of Properties. Except if the failure to do so could not reasonably be expected to have a Material Adverse Effect, (a) maintainMaintain, preserve and protect all of its material properties and equipment necessary in the operation of its business in good working order, repair order and condition, ordinary wear and tear excepted and casualty or condemnation excepted, and except where the failure to do so would not reasonably be expected to have a Material Adverse Effect; and (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions repairs thereto and additions renewals and replacements thereof or thereto in accordance with prudent industry practiceexcept where the failure to do so would not reasonably be expected to have a Material Adverse Effect.

Appears in 8 contracts

Sources: Credit Agreement (Morningstar, Inc.), Credit Agreement (PJT Partners Inc.), Credit Agreement (Morningstar, Inc.)

Maintenance of Properties. Except if the failure to do so could would not reasonably be expected to have a Material Adverse Effect, (a) maintain, preserve and protect all of its material properties and equipment necessary in the operation of its business in good working order, repair and condition, ordinary wear and tear excepted and fire, casualty or condemnation excepted, and (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions and additions thereof or thereto in accordance with prudent industry practice.

Appears in 8 contracts

Sources: Fourth Term Loan Extension Amendment (Sabre Corp), Third Term Loan Extension Amendment (Sabre Corp), Credit Agreement

Maintenance of Properties. Except if the failure to do so could not reasonably be expected to have a Material Adverse Effect, (a) maintainMaintain, preserve and protect all of its material properties and equipment necessary in the operation of its business in good working order, repair order and condition, ordinary wear and tear excepted and casualty or condemnation excepted, except where the failure to do so would not reasonably be expected to have a Material Adverse Effect; and (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions repairs thereto and additions renewals and replacements thereof or thereto in accordance with prudent industry practiceexcept where the failure to do so would not reasonably be expected to have a Material Adverse Effect.

Appears in 7 contracts

Sources: Credit Agreement (Morningstar, Inc.), Credit Agreement (American Renal Associates Holdings, Inc.), Credit Agreement (American Renal Associates Holdings, Inc.)

Maintenance of Properties. Except if the failure to do so could not not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect, (a) maintain, preserve and protect all of its material properties and equipment necessary in the operation of its business in good working order, repair and condition, ordinary wear and tear excepted and casualty or condemnation excepted, (b) maintain, protect, preserve and renew all of its IP Rights and (bc) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions and additions thereof or thereto with respect to tangible properties in accordance with prudent industry practice.

Appears in 7 contracts

Sources: Credit Agreement (Array Technologies, Inc.), Credit Agreement (Shoals Technologies Group, Inc.), Credit Agreement (Shoals Technologies Group, Inc.)

Maintenance of Properties. Except as otherwise permitted by Section 7.03 or Section 7.04 or if the failure to do so could not reasonably be expected to have have, individually or in the aggregate, a Material Adverse Effect, (a) maintain, preserve and protect all of its material tangible properties and equipment that are necessary in the operation of its business in good working order, repair and condition, ordinary wear and tear excepted and casualty or condemnation excepted, and (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions and additions thereof or thereto in accordance with prudent industry practice.

Appears in 6 contracts

Sources: Refinancing Amendment and Second Amendment to Credit Agreement (MeridianLink, Inc.), Credit Agreement (MeridianLink, Inc.), Credit Agreement (Instructure Holdings, Inc.)

Maintenance of Properties. Except if the failure to do so could would not reasonably be expected to have result in, individually or in the aggregate, a Material Adverse Effect, (a) maintain, preserve keep and protect maintain all of its material properties and equipment necessary used in the operation of its business in good working order, repair and condition, ordinary wear and tear excepted and casualty or condemnation excepted, and (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions and additions thereof or thereto in accordance with prudent industry practice.

Appears in 6 contracts

Sources: Abl Credit Agreement (99 Cents Only Stores LLC), Credit Agreement (99 Cents Only Stores LLC), Abl Credit Agreement (99 Cents Only Stores LLC)

Maintenance of Properties. (a) Except if where the failure to do so could not reasonably be expected to have a Material Adverse Effect, (ai) maintain, preserve and protect all of its material properties and equipment necessary in the operation of its business in good working order, repair order and condition, ordinary wear and tear excepted and casualty or condemnation excepted, and (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions and additions thereof or thereto in accordance with prudent industry practicethe standard of care typical in the industry; and (ii) make, or cause to be made, all necessary repairs thereto and renewals and replacements thereof in accordance with the standard of care typical in the industry.

Appears in 6 contracts

Sources: Amendment No. 5 to Amended and Restated Credit Agreement (USD Partners LP), Credit Agreement (USD Partners LP), Master Assignment, Assignment of Liens, and Amendment No. 1 to Amended and Restated Credit Agreement (USD Partners LP)

Maintenance of Properties. Except if the failure to do so could not reasonably be expected to have have, individually or in the aggregate, a Material Adverse Effect, (a) maintain, preserve and protect all of its material properties and equipment necessary in the operation of its business in good working order, repair order and condition, ordinary wear and tear excepted and casualty or condemnation excepted, and (b) make all necessary renewals, repairs thereto and renewals and replacements, modifications, improvements, upgrades, extensions and additions thereof or thereto (c) use the standard of care typical in accordance with prudent the industry practicein the operation and maintenance of its facilities.

Appears in 6 contracts

Sources: Fifth Amendment to Third Amended and Restated Credit Agreement (Construction Partners, Inc.), Credit Agreement (Construction Partners, Inc.), Credit Agreement (Construction Partners, Inc.)

Maintenance of Properties. Except if the failure to do so could not reasonably be expected to have a Material Adverse Effect, (a) maintain, preserve and protect all of its material properties and equipment necessary in the operation of its business in good working order, repair and condition, ordinary wear and tear excepted tear, casualty and casualty or condemnation excepted, and (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions and additions thereof or thereto in accordance with prudent industry practicepractice or in the reasonable judgment of management.

Appears in 6 contracts

Sources: Credit Agreement (Sensata Technologies Holding PLC), Credit Agreement (Sensata Technologies Holding PLC), Credit Agreement (Sensata Technologies Holding PLC)

Maintenance of Properties. Except if where the failure to do so could would not reasonably be expected to have a Material Adverse Effect, (a) maintain, preserve and protect all of its material properties and equipment necessary or useful in the operation of its business in good working order, repair order and condition, ordinary wear and tear excepted and casualty or condemnation excepted, ; and (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions repairs thereto and additions renewals and replacements thereof or thereto in accordance with prudent industry practiceexcept where the failure to do so could not reasonably be expected to have a Material Adverse Effect.

Appears in 6 contracts

Sources: Credit Agreement (Destination Maternity Corp), Term Loan Credit Agreement (Destination Maternity Corp), Credit Agreement (Destination Maternity Corp)

Maintenance of Properties. (a) Except if to the extent that the failure to do so could not reasonably be expected to have a Material Adverse Effect, (a) maintain, preserve and protect all of its material properties and equipment necessary in the operation of its business in good working order, repair order and condition, ordinary wear and tear excepted and casualty or condemnation excepted, and . (b) make Make all necessary renewalsrepairs thereto and renewals and replacements thereof, replacements, modifications, improvements, upgrades, extensions except where the failure to do so could not reasonably be expected to have a Material Adverse Effect. (c) Use the standard of care typical in the industry in the operation and additions thereof or thereto in accordance with prudent industry practicemaintenance of its facilities.

Appears in 6 contracts

Sources: Credit Agreement (Lpath, Inc), Credit Agreement (Syncardia Systems Inc), Second Lien Credit Agreement (Syncardia Systems Inc)

Maintenance of Properties. Except if the failure to do so could would not reasonably be expected to have have, individually or in the aggregate, a Material Adverse Effect, (a) maintain, preserve and protect all of its material properties and equipment necessary in the operation of its business in good working order, repair and condition, ordinary wear and tear excepted and casualty casualty, expropriation or condemnation excepted, and (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions and additions thereof or thereto in accordance with prudent industry practice.

Appears in 6 contracts

Sources: Credit Agreement (GFL Environmental Inc.), Credit Agreement (GFL Environmental Inc.), Credit Agreement (GFL Environmental Inc.)

Maintenance of Properties. Except if In a manner consistent with that used by other Persons engaged in the failure to do so could not reasonably be expected to have a Material Adverse Effectsame or similar businesses as the Borrower and its Subsidiaries, (a) maintain, preserve and protect all of its material properties and equipment necessary in the operation of its business in good working order, repair order and condition, ordinary wear and tear excepted and casualty or condemnation excepted, except where the failure to do so would not reasonably be expected to have a Material Adverse Effect; and (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions repairs thereto and additions renewals and replacements thereof or thereto in accordance with prudent industry practiceexcept where the failure to do so would not reasonably be expected to have a Material Adverse Effect.

Appears in 6 contracts

Sources: Revolving Credit Agreement (Voya Financial, Inc.), Term Loan Agreement, Revolving Credit Agreement (Voya Financial, Inc.)

Maintenance of Properties. Except if the failure to do so could not not, either individually or in the aggregate, reasonably be expected to have a Material Adverse Effect, (a) maintain, preserve and protect all of its material properties and equipment necessary in the operation of its business in good working order, repair and condition, ordinary wear and tear excepted and casualty or condemnation excepted, and (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions and additions thereof or thereto in accordance with prudent industry practice.

Appears in 5 contracts

Sources: Credit Agreement (Bloomin' Brands, Inc.), Credit Agreement (Bloomin' Brands, Inc.), Credit Agreement (Bloomin' Brands, Inc.)

Maintenance of Properties. Except if the failure to do so could not not, either individually or in the aggregate, reasonably be expected to have a Material Adverse Effect, (a) maintain, preserve and protect all of its material properties and equipment necessary in the operation of its business in good working order, repair and condition, ordinary wear and tear excepted and casualty or condemnation excepted, and (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions and additions thereof or thereto in accordance with prudent industry practice.

Appears in 5 contracts

Sources: Second Lien Credit Agreement (TransFirst Inc.), First Lien Credit Agreement (TransFirst Inc.), Credit Agreement (Bloomin' Brands, Inc.)

Maintenance of Properties. Except if the failure to do so could not reasonably be expected to have a Material Adverse Effect, (a) maintainMaintain, preserve and protect all of its material properties and equipment necessary in the operation of its business in good working order, repair order and condition, ordinary wear and tear excepted and casualty or condemnation excepted, and (b) make all necessary renewalscommercially reasonable repairs thereto and renewals and replacements thereof; provided that this Section shall not prevent any Borrower or Subsidiary from discontinuing the operation and the maintenance of any of its properties if such discontinuance is desirable in the conduct of its business and such discontinuance could not, replacementsindividually or in the aggregate, modifications, improvements, upgrades, extensions and additions thereof or thereto in accordance with prudent industry practicereasonably be expected to have a Material Adverse Effect.

Appears in 5 contracts

Sources: Credit Agreement (Unifirst Corp), Credit Agreement (Unifirst Corp), Credit Agreement (Unifirst Corp)

Maintenance of Properties. Except if where the failure to do so could so, either individually or in the aggregate, would not reasonably be expected to have a Material Adverse Effect, (a) maintain, preserve and protect all of its material properties and equipment necessary in the operation of its business in good working order, repair order and condition, ordinary wear and tear excepted and casualty or condemnation excepted, and (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions repairs thereto and additions renewals and replacements thereof or thereto and (c) use the standard of care typical in accordance with prudent the industry practicein the operation and maintenance of its facilities.

Appears in 5 contracts

Sources: Credit Agreement (Nn Inc), Second Lien Credit Agreement (Nn Inc), Amendment and Restatement Agreement (Nn Inc)

Maintenance of Properties. Except if the failure to do so could not reasonably be expected to have a Material Adverse Effect, (a) maintain, preserve and protect all of its material properties and equipment necessary in the operation of its business in good working order, repair and condition, ordinary wear and tear excepted tear, casualty and casualty or condemnation excepted, and (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions and additions thereof or thereto in accordance with prudent industry practice.

Appears in 5 contracts

Sources: Credit Agreement (Orbitz Worldwide, Inc.), Credit Agreement (Warner Chilcott PLC), Credit Agreement (Warner Chilcott PLC)

Maintenance of Properties. Except if the failure to do so could not not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect, (a) maintain, preserve and protect all of its material properties and equipment necessary in the operation of its business in good working order, repair and condition, ordinary wear and tear excepted and casualty or condemnation excepted, and (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions and additions thereof or thereto in accordance with prudent industry practice.

Appears in 5 contracts

Sources: Credit Agreement (RingCentral, Inc.), Credit Agreement (RingCentral, Inc.), Credit Agreement (RingCentral, Inc.)

Maintenance of Properties. Except if the failure to do so could not not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect, (ai) maintain, preserve and protect all of its material tangible properties and equipment necessary in the operation of its business in good working order, repair and condition, ordinary wear and tear excepted and casualty or condemnation excepted, and (bii) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions and additions thereof or thereto in accordance with prudent industry practice.

Appears in 5 contracts

Sources: Credit Agreement (Phibro Animal Health Corp), Credit Agreement (Phibro Animal Health Corp), Credit Agreement (Phibro Animal Health Corp)

Maintenance of Properties. Except if the failure to do so could would not reasonably be expected to have a Material Adverse Effect, (a) maintain, preserve and protect all of its material properties and equipment necessary in the operation of its business in good working order, repair and condition, ordinary wear and tear excepted and casualty or condemnation excepted, and maintain, renew and protect all of its IP Rights, and (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions and additions thereof or thereto in accordance with prudent industry practice.

Appears in 4 contracts

Sources: Credit Agreement (Mattress Firm Group Inc.), Abl Credit Agreement (Mattress Firm Group Inc.), Credit Agreement (Mattress Firm Group Inc.)

Maintenance of Properties. Except if Unless the failure to do so could not reasonably be expected to have a Material Adverse Effect, (a) maintain, preserve and protect all of its material properties and equipment necessary in the operation of its business in good working order, repair and condition, ordinary wear and tear and obligations of landlords under leases excepted and casualty or condemnation excepted, and (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions and additions thereof or thereto in accordance with prudent industry practice.

Appears in 4 contracts

Sources: Credit Agreement (Gymboree Corp), Credit Agreement (Gymboree Corp), Credit Agreement (Gymboree Corp)

Maintenance of Properties. Except if the failure to do so could not not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect, (a) maintain, preserve and protect all of its material properties and equipment necessary in material to the operation of its business in good working order, repair and condition, ordinary wear and tear excepted and casualty or condemnation excepted, and (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions and additions thereof or thereto in accordance with prudent industry practice.

Appears in 4 contracts

Sources: Credit and Guarantee Agreement (RDA Holding Co.), Term Loan Credit and Guarantee Agreement (RDA Holding Co.), Unsecured Term Loan Credit and Guarantee Agreement (RDA Holding Co.)

Maintenance of Properties. Except if Maintain or cause to be maintained in good repair, working order and condition, ordinary wear and tear and casualty and condemnation excepted, all material properties used or useful in the business of the Borrower and its Subsidiaries and from time to time will make or cause to be made all appropriate repairs, renewals and replacements thereof, except where the failure to do so could not reasonably be expected to have have, individually or in the aggregate, a Material Adverse Effect, (a) maintain, preserve and protect all of its material properties and equipment necessary in the operation of its business in good working order, repair and condition, ordinary wear and tear excepted and casualty or condemnation excepted, and (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions and additions thereof or thereto in accordance with prudent industry practice.

Appears in 4 contracts

Sources: First Lien Credit and Guaranty Agreement (Airbnb, Inc.), Second Lien Credit and Guaranty Agreement (Airbnb, Inc.), First Lien Credit and Guaranty Agreement (Airbnb, Inc.)

Maintenance of Properties. Except if to the extent that the failure to do so could would not reasonably be expected to have have, individually or in the aggregate, a Material Adverse Effect, (a) maintain, preserve and protect all of its material properties and equipment necessary in the operation of its business in good working order, repair and condition, ordinary wear and tear excepted and casualty or condemnation excepted, and (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions and additions thereof or thereto in accordance with prudent industry practice.

Appears in 4 contracts

Sources: Credit Agreement (New Media Investment Group Inc.), Credit Agreement (New Media Investment Group Inc.), Credit Agreement (New Media Investment Group Inc.)

Maintenance of Properties. Except if where the failure to do so could not reasonably be expected expected, either individually or in the aggregate, to have a Material Adverse Effect, : (a) maintain, preserve and protect all of its material properties and equipment necessary in the operation of its business in good working order, repair order and condition, ordinary wear and tear excepted and casualty or condemnation excepted, and ; and (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions repairs thereto and additions thereof or thereto in accordance with prudent industry practicerenewals and replacements thereof.

Appears in 4 contracts

Sources: Credit Agreement (Mohawk Industries Inc), Credit Agreement (Mohawk Industries Inc), Credit Agreement (Mohawk Industries Inc)

Maintenance of Properties. Except if the failure to do so could would not reasonably be expected to have have, individually or in the aggregate, a Material Adverse Effect, (a) maintain, preserve and protect all of its material tangible, personal and real properties and equipment necessary used in the operation of its business in good working order, repair and condition, ordinary wear and tear excepted and casualty or condemnation excepted, and (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions and additions thereof or thereto in accordance with prudent industry practice.

Appears in 4 contracts

Sources: Second Lien Credit Agreement, Second Lien Credit Agreement (DTZ Jersey Holdings LTD), Syndicated Facility Agreement (DTZ Jersey Holdings LTD)

Maintenance of Properties. Except if Maintain or cause to be maintained in good repair, working order and condition, ordinary wear and tear and casualty and condemnation excepted, all material properties useful and necessary in the business of the Borrower and its Restricted Subsidiaries and from time to time will make or cause to be made all appropriate repairs, renewals and replacements thereof, except where the failure to do so could not reasonably be expected to have have, individually or in the aggregate, a Material Adverse Effect, (a) maintain, preserve and protect all of its material properties and equipment necessary in the operation of its business in good working order, repair and condition, ordinary wear and tear excepted and casualty or condemnation excepted, and (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions and additions thereof or thereto in accordance with prudent industry practice.

Appears in 4 contracts

Sources: Restructuring Support Agreement (2U, Inc.), Debt and Guaranty Agreement (2U, Inc.), Credit and Guaranty Agreement (2U, Inc.)

Maintenance of Properties. Except if the failure to do so could not reasonably be expected to have a Material Adverse Effect, (a) maintain, preserve and protect all of its material tangible properties and equipment necessary in the operation of its business in good working order, repair and condition, ordinary wear and tear excepted tear, casualty and casualty or condemnation excepted, and (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions and additions thereof or thereto in accordance with prudent industry practicepractice or in the reasonable judgment of management.

Appears in 4 contracts

Sources: Credit Agreement (Universal Hospital Services Inc), Credit Agreement (Universal Hospital Services Inc), Credit Agreement (Universal Hospital Services Inc)

Maintenance of Properties. (a) Except if where the failure to do so could would not reasonably be expected to have a Material Adverse Effect, (ai) maintain, preserve and protect all of its material properties and equipment necessary in the operation of its business in good working order, repair order and condition, ordinary wear and tear excepted and casualty or condemnation excepted(ii) make all necessary repairs thereto and renewals and replacements thereof, and (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions use the standard of care typical in the industry in the operation and additions thereof or thereto in accordance with prudent industry practicemaintenance of its facilities.

Appears in 4 contracts

Sources: Credit and Guaranty Agreement (Atlantica Sustainable Infrastructure PLC), Credit and Guaranty Agreement (Atlantica Sustainable Infrastructure PLC), Note Issuance Facility Agreement (Atlantica Yield PLC)

Maintenance of Properties. Except if the failure to do so could would not reasonably be expected to have have, individually or in the aggregate, a Material Adverse Effect, (a) maintain, preserve and protect all of its material properties and equipment necessary used in the operation of its business in reasonably good working order, repair and condition, ordinary wear and tear excepted and casualty or condemnation excepted, and (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions and additions thereof or thereto in accordance with prudent industry practice.

Appears in 4 contracts

Sources: Credit Agreement (Torrid Holdings Inc.), Term Loan Credit Agreement (Torrid Holdings Inc.), Term Loan Credit Agreement (Torrid Holdings Inc.)

Maintenance of Properties. Except if the failure to do so could not reasonably be expected to have a Material Adverse Effect, (a) maintainMaintain, preserve and protect all of its material properties and equipment necessary in the operation of its business in good working order, repair and condition, ordinary wear and tear excepted and casualty or condemnation excepted, and (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions and additions thereof or thereto in accordance with prudent industry practice, except as expressly permitted by this Agreement or where the failure to maintain such properties or make such renewals, replacements, modifications, improvements, upgrades, extensions and additions would not reasonably be expected to have a Material Adverse Effect.

Appears in 4 contracts

Sources: Second Lien Credit Agreement (TGPX Holdings I LLC), Amendment No. 2 (TGPX Holdings I LLC), First Lien Credit Agreement (TGPX Holdings I LLC)

Maintenance of Properties. Except if the failure to do so so, individually or in the aggregate, could not reasonably be expected to have a Material Adverse Effect, (ai) maintain, preserve and protect all of its material tangible properties and equipment necessary in the operation of its business in good working order, repair and condition, ordinary wear and tear excepted and casualty or condemnation excepted, ; and (bii) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions and additions thereof or thereto in accordance with prudent industry practice.

Appears in 4 contracts

Sources: Incremental Facility Amendment (Media General Inc), Credit Agreement (Media General Inc), Credit Agreement (Media General Inc)

Maintenance of Properties. Except if the failure to do so could not reasonably be expected to have a Material Adverse Effect, (a) maintain, preserve and protect all of its material properties and equipment necessary in the operation of its business in good working order, repair and condition, ordinary wear and tear excepted and casualty or condemnation excepted, excepted and (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions and additions thereof or thereto in accordance with prudent industry practice.

Appears in 4 contracts

Sources: Credit Agreement (Sungard Data Systems Inc), Credit Agreement (Sungard Capital Corp Ii), Credit Agreement (Sungard Capital Corp Ii)

Maintenance of Properties. Except if the failure to do so where it could not be reasonably be expected to have result in a Material Adverse Effect, (a) maintain, preserve and protect all of its material properties Properties and equipment necessary in the operation of its business in good working order, repair order and condition, ordinary wear and tear excepted and casualty or condemnation excepted, and (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions repairs thereto and additions renewals and replacements thereof or thereto and (c) use the standard of care typical in accordance with prudent the industry practicein the operation and maintenance of its facilities.

Appears in 3 contracts

Sources: Credit Agreement (Atlantic Power Corp), Credit Agreement (Atlantic Power Corp), Credit Agreement (Atlantic Power Corp)

Maintenance of Properties. Except if to the extent that the failure to do so could not reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect, (a) maintain, preserve and protect all of its properties and equipment necessary in the operation of its business in good working order and condition, ordinary wear and tear and casualty events excepted; and (b) make all necessary repairs thereto and renewals and replacements thereof except, in each case, where the failure to do so could not reasonably be expected to have a Material Adverse Effect, (a) maintain, preserve and protect all of its material properties and equipment necessary in the operation of its business in good working order, repair and condition, ordinary wear and tear excepted and casualty or condemnation excepted, and (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions and additions thereof or thereto in accordance with prudent industry practice.

Appears in 3 contracts

Sources: Credit Agreement (Foot Locker, Inc.), Credit Agreement (Foot Locker, Inc.), Credit Agreement (Foot Locker, Inc.)

Maintenance of Properties. Except if the failure to do so could would not reasonably be expected to have have, individually or in the aggregate, a Material Adverse Effect, (a) maintain, preserve and protect all of its material tangible properties and equipment necessary used in the operation of its business in reasonably good working order, repair and condition, ordinary wear and tear excepted and casualty or condemnation excepted, and (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions and additions thereof or thereto in accordance with prudent industry practice.

Appears in 3 contracts

Sources: Credit Agreement (Mallinckrodt PLC), Term Loan Credit Agreement (Alvotech), Term Loan Credit Agreement (Alvotech)

Maintenance of Properties. Except if the failure to do so could not not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect, (a) maintain, preserve and protect the Mortgaged Property and all of its material properties property and equipment necessary in material to the operation of its business in good working order, repair and condition, ordinary wear and tear excepted and casualty or condemnation excepted, and (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions and additions thereof or thereto in accordance with prudent industry practice.

Appears in 3 contracts

Sources: Term Loan Credit Agreement (Owens & Minor Inc/Va/), Credit Agreement (Owens & Minor Inc/Va/), Credit Agreement (Owens & Minor Inc/Va/)

Maintenance of Properties. Except if where the failure to do so could not reasonably be expected to have a Material Adverse Effect, (a) maintain, preserve and protect all of its material properties and equipment necessary in the operation of its business in good working order, repair order and condition, ordinary wear and tear excepted and casualty or condemnation excepted, and ; (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions repairs thereto and additions thereof or thereto renewals and replacements thereof; and (c) use the standard of care typical in accordance with prudent the industry practicein the operation and maintenance of its facilities.

Appears in 3 contracts

Sources: Credit Agreement (Columbus McKinnon Corp), Credit Agreement (Columbus McKinnon Corp), Credit Agreement (Columbus McKinnon Corp)

Maintenance of Properties. Except if the failure to do so could would not reasonably be expected to have have, individually or in the aggregate, a Material Adverse Effect, (a) maintain, preserve and protect all of its material tangible properties and equipment necessary in the operation of its business in good working order, repair and condition, ordinary wear and tear excepted and casualty or condemnation excepted, and (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions and additions thereof or thereto in accordance with prudent industry practice.

Appears in 3 contracts

Sources: Credit Agreement (Avanos Medical, Inc.), Credit Agreement (Halyard Health, Inc.), Credit Agreement (Halyard Health, Inc.)

Maintenance of Properties. Except if the failure to do so could would not reasonably be expected to have a Material Adverse Effect, (a) maintain, preserve and protect all of its material properties and equipment necessary in the operation of its business in good working order, repair and condition, ordinary wear and tear excepted and fire, casualty or and condemnation excepted, excepted and (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions and additions thereof or thereto in accordance consistent with prudent industry past practice.

Appears in 3 contracts

Sources: Credit Agreement (Primedia Inc), Credit Agreement (Axcan Intermediate Holdings Inc.), Credit Agreement (Axcan Intermediate Holdings Inc.)

Maintenance of Properties. Except if where the failure to do so could not reasonably be expected to have a Material Adverse Effect, : (a) maintainMaintain, preserve and protect all of its material properties and equipment necessary in the operation of its business in good working order, repair order and condition, ordinary wear and tear excepted and casualty or condemnation excepted, and . (b) make Make all necessary renewals, replacements, modifications, improvements, upgrades, extensions repairs thereto and additions thereof or thereto in accordance with prudent industry practicerenewals and replacements thereof.

Appears in 3 contracts

Sources: Credit Agreement (Dhi Group, Inc.), Credit Agreement (Dice Holdings, Inc.), Credit Agreement (Dice Holdings, Inc.)

Maintenance of Properties. Except if where the failure to do so could not reasonably be expected expected, either individually or in the aggregate, to have a Material Adverse Effect, : (a) maintain, preserve and protect all of its material properties and equipment necessary in the operation of its business in good working order, repair order and condition, ordinary wear and tear excepted and casualty or condemnation excepted, and and (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions repairs thereto and additions thereof or thereto in accordance with prudent industry practicerenewals and replacements thereof.

Appears in 3 contracts

Sources: Term Loan Agreement (Mohawk Industries Inc), Credit Agreement (Mohawk Industries Inc), Credit Agreement (Mohawk Industries Inc)

Maintenance of Properties. Except if the failure to do so could not reasonably be expected to have have, individually or in the aggregate, a Material Adverse Effect, (a) maintain, preserve and protect all of its tangible material properties and equipment necessary in the operation of its business in good working order, repair and condition, ordinary wear and tear excepted and fire, casualty or condemnation excepted, and (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions and additions thereof or thereto in accordance with prudent industry practicepractice and in the normal conduct of its business.

Appears in 3 contracts

Sources: Credit Agreement (Res Care Inc /Ky/), Credit Agreement (Res Care Inc /Ky/), Credit Agreement (ResCare Finance, Inc.)

Maintenance of Properties. Except if the failure to do so could not reasonably be expected to have have, individually or in the aggregate, a Material Adverse Effect, (a) maintain, preserve and protect all of its material properties and equipment necessary in the operation of its business in good working order, repair and condition, ordinary wear and tear excepted and casualty or condemnation excepted, excepted and (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions repairs thereto and additions thereof or thereto in accordance with prudent industry practicerenewals and replacements thereof.

Appears in 3 contracts

Sources: Credit Agreement (eHealth, Inc.), Credit Agreement (eHealth, Inc.), Credit Agreement (eHealth, Inc.)

Maintenance of Properties. Except if with respect to Dormant Subsidiaries and except where the failure to do so could not not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect, (a) maintain, preserve and protect all of its material properties and equipment that are necessary in the operation of its business in good working order, repair order and condition, ordinary wear and tear excepted and casualty or condemnation excepted, and (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions repairs thereto and additions renewals and replacements thereof or thereto in accordance with prudent industry practice.

Appears in 3 contracts

Sources: Credit Agreement (Spectrum Brands, Inc.), Credit Agreement (Spectrum Brands, Inc.), Credit Agreement (Spectrum Brands, Inc.)

Maintenance of Properties. Except if where the failure to do so could not reasonably be expected to have a Material Adverse Effect, (a) maintain, preserve and protect all of its material properties and equipment necessary in the operation of its business in good working order, repair order and condition, ordinary wear and tear excepted tear, casualty losses and casualty or condemnation Recovery Events excepted, ; and (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions repairs thereto and additions thereof or thereto in accordance with prudent industry practicerenewals and replacements thereof.

Appears in 3 contracts

Sources: Credit Agreement (Nu Skin Enterprises, Inc.), Credit Agreement (Nu Skin Enterprises Inc), Credit Agreement (Nu Skin Enterprises Inc)

Maintenance of Properties. Except if where the failure to do so could not reasonably be expected to have have, individually or in the aggregate, a Material Adverse Effect, (a) maintain, preserve and protect all of its material properties and equipment necessary in the operation of its business in good working order, repair order and condition, ordinary wear and tear excepted and casualty or condemnation excepted, and ; (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions repairs thereto and additions thereof or thereto renewals and replacements thereof; and (c) use the standard of care typical in accordance with prudent the industry practicein the operation and maintenance of its facilities.

Appears in 3 contracts

Sources: Credit Agreement (Carmax Inc), Credit Agreement (Carmax Inc), Credit Agreement (Carmax Inc)

Maintenance of Properties. Except if the failure to do so could not reasonably be expected to have have, individually or in the aggregate, a Material Adverse Effect, (a) maintain, preserve and protect all of its material properties and equipment necessary used in the operation of its business in good working order, repair and condition, ordinary wear and tear excepted and casualty or condemnation excepted, and (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions and additions thereof or thereto in accordance with prudent industry practice.

Appears in 3 contracts

Sources: Credit Agreement (Cra International, Inc.), Credit Agreement (eHealth, Inc.), Credit Agreement (Cra International, Inc.)

Maintenance of Properties. Except if the failure to do so could not reasonably be expected to have a Material Adverse Effect, (a) maintain, preserve and protect all of its material properties and equipment necessary in material to the operation of its business in good working order, repair and condition, ordinary wear and tear excepted and casualty or condemnation excepted, and (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions and additions thereof or thereto in accordance with prudent industry practice.

Appears in 2 contracts

Sources: Credit Agreement (Readers Digest Association Inc), Credit Agreement (Direct Holdings Libraries Inc.)

Maintenance of Properties. Except if the failure to do so could not not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect, (a) maintain, preserve and protect the Mortgaged Property and all of its material properties and equipment necessary in the operation of its business in good working order, repair and condition, ordinary wear and tear excepted and casualty or condemnation excepted, and (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions and additions thereof or thereto in accordance with prudent industry practice.

Appears in 2 contracts

Sources: Credit Agreement (ServiceTitan, Inc.), Credit Agreement (ServiceTitan, Inc.)

Maintenance of Properties. Except if the failure to do so could not would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect, (a) maintain, preserve and protect all of its material properties and equipment necessary in the operation of its business in good working order, repair and condition, ordinary wear and tear excepted and casualty or condemnation excepted, excepted and (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions and additions thereof or thereto in accordance with prudent industry practice practice.

Appears in 2 contracts

Sources: Credit Agreement (KORE Group Holdings, Inc.), Credit Agreement (King Pubco, Inc.)

Maintenance of Properties. Except if where the failure to do so could not reasonably be expected expected, either individually or in the aggregate, to have a Material Adverse Effect, : (a) maintain, preserve and protect all of its material properties and equipment necessary in the operation of its business in good working order, repair order and condition, ordinary wear and tear excepted and casualty or condemnation excepted, and and. (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions repairs thereto and additions thereof or thereto in accordance with prudent industry practicerenewals and replacements thereof.

Appears in 2 contracts

Sources: Credit Agreement (Mohawk Industries Inc), Credit Agreement (Mohawk Industries Inc)

Maintenance of Properties. Except if the failure to do so could not not, either individually or in the aggregate, reasonably be expected to have a Material Adverse Effect, (a) maintain, preserve and protect all of its material properties and equipment necessary in the operation of its business in good working order, repair and condition, ordinary wear and tear excepted and casualty or condemnation excepted, excepted and (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions and additions thereof or thereto generally in accordance with prudent industry practicepractice in all material respects.

Appears in 2 contracts

Sources: Credit Agreement (Bright Horizons Family Solutions Inc.), Credit Agreement (Bright Horizons Family Solutions Inc.)

Maintenance of Properties. Except if the failure to do so could would not reasonably be expected to have have, individually or in the aggregate, a Material Adverse Effect, (a) maintain, preserve and protect all of its material properties and equipment necessary used in the operation of its business in good working order, repair and condition, ordinary wear and tear excepted and fire, casualty or condemnation excepted, and (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions and additions thereof or thereto in accordance with prudent industry practice.

Appears in 2 contracts

Sources: Abl Credit Agreement (Mattress Firm Holding Corp.), Term Loan Credit Agreement (Mattress Firm Holding Corp.)

Maintenance of Properties. Except if the failure to do so could would not reasonably be expected to have a Material Adverse Effect, (a) maintain, preserve and protect all of its material properties and equipment necessary in the operation of its business in good working order, repair and condition, ordinary wear and tear excepted and casualty or and condemnation excepted, and (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions and additions thereof or thereto to material properties and equipment in accordance with prudent industry practice.

Appears in 2 contracts

Sources: Credit and Guaranty Agreement (System1, Inc.), Credit and Guaranty Agreement (System1, Inc.)

Maintenance of Properties. Except if the failure to do so could not not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect, (a) maintain, preserve and protect all of its material properties properties, equipment and equipment other assets necessary in the operation of its business in good working order, repair and condition, ordinary wear and tear excepted and casualty or condemnation excepted, and (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions and additions thereof or thereto in accordance with prudent industry practice.

Appears in 2 contracts

Sources: Abl Credit Agreement (King Digital Entertainment PLC), Abl Credit Agreement (King Digital Entertainment PLC)

Maintenance of Properties. Except if the failure to do so could would not reasonably be expected to have a Material Adverse Effect, (a) maintain, preserve and protect all of its material properties properties, rights and equipment necessary in material to the operation of its business in good working order, repair and condition, ordinary wear and tear excepted and casualty or condemnation excepted, and (b) make all reasonably necessary renewals, replacements, modifications, improvements, upgrades, extensions and additions thereof or thereto in accordance with prudent industry practice.

Appears in 2 contracts

Sources: Amendment No. 1 (Global Business Travel Group, Inc.), Credit Agreement (Global Business Travel Group, Inc.)

Maintenance of Properties. Except if the where a failure to do so could not reasonably be expected to have a Material Adverse Effect, (a) maintain, preserve and protect all of its material properties and equipment necessary in the operation of its business in good working order, repair order and condition, ordinary wear and tear excepted and casualty or condemnation excepted, and (b) make all necessary renewalsrepairs thereto and renewals and replacements thereof, replacements, modifications, improvements, upgrades, extensions and additions thereof or thereto (c) use the standard of care typical in accordance with prudent the industry practicein the operation and maintenance of its facilities.

Appears in 2 contracts

Sources: Credit Agreement (National Healthcare Corp), Credit Agreement (National Healthcare Corp)

Maintenance of Properties. Except if where the failure to do so could not reasonably be expected to have a Material Adverse Effect, (ai) maintain, preserve and protect all of its material properties and equipment necessary in the operation of its business in good working order, repair order and condition, ordinary wear and tear excepted and casualty or condemnation excepted, (ii) use the standard of care typical in the industry in the operation and (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions and additions thereof or thereto in accordance with prudent industry practicemaintenance of its facilities.

Appears in 2 contracts

Sources: Credit Agreement (Life Technologies Corp), Credit Agreement (Life Technologies Corp)

Maintenance of Properties. Except if where the failure to do so could would not reasonably be expected to have a Material Adverse Effect, (a) maintain, preserve and protect all of its material properties and equipment necessary in the operation of its business in good working order, repair order and condition, ordinary wear and tear excepted and casualty or condemnation excepted, ; and (b) make all necessary renewals, replacements, modifications, improvements, upgrades, extensions repairs thereto and additions thereof or thereto in accordance with prudent industry practicerenewals and replacements thereof.

Appears in 2 contracts

Sources: Credit Agreement (Polypore International, Inc.), Credit Agreement (Polypore International, Inc.)