AN AGGREGATE AMOUNT IN EXCESS OF $25,000 PER ANNUM IN THE AGGREGATE AND ANY
SUCH EXPENSES IN EXCESS OF SUCH AMOUNT SHALL BE CHARGED TO THE BANKS PRO RATA
BASED ON THEIR RESPECTIVE REVOLVING LOAN COMMITMENTS.
AT ALL TIMES, IT IS
UNDERSTOOD AND AGREED BY THE BORROWER THAT ALL EXPENSES IN CONNECTION WITH ANY
SUCH INSPECTION WHICH MAY BE INCURRED BY THE BORROWER, ANY OFFICERS AND
EMPLOYEES THEREOF AND INDEPENDENT CERTIFIED PUBLIC ACCOUNTANTS THEREFOR SHALL BE
EXPENSES PAYABLE BY THE BORROWER AND SHALL NOT BE EXPENSES OF ANY AGENT OR BANK.
SECTION 6.05.
MAINTENANCE OF COLLATERAL; SUBSTITUTIONS.
MAINTAIN, OR,
WITH RESPECT TO PROPERTIES AND ASSETS SUBJECT TO LEASES, REQUIRE THE LESSEES TO
MAINTAIN, IN GOOD WORKING ORDER AND CONDITION, SUBJECT TO NORMAL WEAR AND TEAR,
ALL OF THE ASSETS AND PROPERTIES FROM TIME TO TIME OWNED BY THE BORROWER OR ITS
SUBSIDIARIES AND, IN THE ORDINARY COURSE OF BUSINESS, MAKE ALL NEEDFUL AND
PROPER REPAIRS, REPLACEMENTS, ADDITIONS AND IMPROVEMENTS THERETO AS ARE
NECESSARY FOR THE CONDUCT OF ITS BUSINESS.
SECTION 6.06.
CONTINUANCE OF BUSINESS.
DO OR CAUSE TO BE DONE ALL
THINGS REASONABLY NECESSARY TO PRESERVE AND KEEP IN FULL FORCE AND EFFECT THE
BORROWER'S AND ITS SUBSIDIARIES' CORPORATE EXISTENCES AND ALL PERMITS, RIGHTS
AND PRIVILEGES NECESSARY FOR THE PROPER CONDUCT OF THEIR RESPECTIVE BUSINESSES
AND CONTINUE TO ENGAGE IN THE BASIC BUSINESS AS ITS PRIMARY LINE OF BUSINESS.
57
Section 6.07.
Maintenance of Current Depreciation Policies.
Maintain
its method of depreciating its assets substantially consistent with past
practices as set forth in Schedule 3.29 and promptly notify the Banks of any
deviation from such practices.
SECTION 6.08.
PERFORM OBLIGATIONS.
(A)
PROMPTLY PAY AND DISCHARGE
(A) ALL TAXES, ASSESSMENTS, AND GOVERNMENTAL CHARGES OR LEVIES IMPOSED UPON IT
OR UPON ITS INCOME AND PROFITS, UPON ANY OF ITS PROPERTY, REAL, PERSONAL OR
MIXED, OR UPON ANY PART THEREOF, BEFORE THE SAME SHALL BECOME IN DEFAULT; AND
(B) ALL LAWFUL CLAIMS FOR LABOR, MATERIALS AND SUPPLIES OR OTHERWISE, WHICH, IF
UNPAID, MIGHT BECOME A LIEN OR CHARGE UPON SUCH PROPERTY OR ANY PART THEREOF;
PROVIDED, HOWEVER, THAT SO LONG AS THE BORROWER FIRST NOTIFIES THE
ADMINISTRATIVE AGENT OF ITS INTENTION TO DO SO, IT SHALL NOT BE REQUIRED TO PAY
AND DISCHARGE ANY SUCH TAX, ASSESSMENT, CHARGE, LEVY OR CLAIM SO LONG AS THE
FAILURE TO SO PAY OR DISCHARGE DOES NOT CONSTITUTE OR RESULT IN A DEFAULT AND SO
LONG AS THERE EXISTS NO MATERIAL RISK OF FORECLOSURE OR OTHER SIMILAR
PROCEEDINGS AGAINST SUCH PROPERTY OR ANY PART THEREOF AND SO LONG AS THE
VALIDITY THEREOF SHALL BE CONTESTED IN GOOD FAITH BY APPROPRIATE PROCEEDINGS
DILIGENTLY PURSUED AND IT SHALL HAVE SET ASIDE ON ITS BOOKS ADEQUATE RESERVES
WITH RESPECT THERETO.
(B)
PERFORM ALL OF ITS OBLIGATIONS UNDER EACH OF THE ELIGIBLE LEASES
AND MATERIAL CONTRACTS AND DO, OR CAUSE TO BE DONE, ALL THINGS NECESSARY OR
COMMERCIALLY REASONABLE IN ORDER TO KEEP EACH SUCH ELIGIBLE LEASES AND MATERIAL
CONTRACTS IN FULL FORCE AND EFFECT.
SECTION 6.09.
INSURANCE.
(A)
MAINTAIN