ADVERSE EFFECT; AND (C) PRESERVE
OR RENEW ALL OF ITS REGISTERED PATENTS, TRADEMARKS, TRADE NAMES AND SERVICE
MARKS, THE NON-PRESERVATION OF WHICH COULD REASONABLY BE EXPECTED TO HAVE A
MATERIAL ADVERSE EFFECT.
6.06
MAINTENANCE OF PROPERTIES.
(A) MAINTAIN, PRESERVE AND PROTECT ALL
OF ITS MATERIAL PROPERTIES AND EQUIPMENT NECESSARY IN THE OPERATION OF ITS
BUSINESS IN GOOD WORKING ORDER AND CONDITION, ORDINARY WEAR, TEAR AND
OBSOLESCENCE EXCEPTED; (B) MAKE ALL NECESSARY REPAIRS THERETO AND RENEWALS AND
REPLACEMENTS THEREOF EXCEPT WHERE THE FAILURE TO DO SO COULD NOT REASONABLY BE
EXPECTED TO HAVE A MATERIAL ADVERSE EFFECT; AND (C) USE THE STANDARD OF CARE
TYPICAL IN THE INDUSTRY IN THE OPERATION AND MAINTENANCE OF ITS FACILITIES.
6.07
MAINTENANCE OF INSURANCE.
MAINTAIN WITH FINANCIALLY SOUND AND
REPUTABLE INSURANCE COMPANIES NOT AFFILIATES OF BORROWER, INSURANCE WITH RESPECT
TO ITS PROPERTIES AND BUSINESS AGAINST LOSS OR DAMAGE OF THE KINDS CUSTOMARILY
INSURED AGAINST BY PERSONS ENGAGED IN THE SAME OR SIMILAR BUSINESS, OF SUCH
TYPES AND IN SUCH AMOUNTS (AFTER GIVING EFFECT TO ANY SELF-INSURANCE COMPATIBLE
WITH THE FOLLOWING STANDARDS) AS ARE CUSTOMARILY CARRIED UNDER SIMILAR
CIRCUMSTANCES BY SUCH OTHER PERSONS; PROVIDED THAT IN ANY EVENT BORROWER WILL
PROVIDE THE LENDER NOT LESS THAN 30 DAYS' PRIOR WRITTEN NOTICE OF ANY
TERMINATION, LAPSE, CANCELLATION OR MATERIAL CHANGE IN THE TYPES AND AMOUNTS OF
SUCH INSURANCE.
6.08
COMPLIANCE WITH LAWS.
COMPLY IN ALL MATERIAL RESPECTS WITH THE
REQUIREMENTS OF ALL LAWS AND ALL ORDERS, WRITS, INJUNCTIONS AND DECREES
APPLICABLE TO IT OR TO ITS BUSINESS OR PROPERTY, EXCEPT IN SUCH INSTANCES IN
WHICH (A) SUCH REQUIREMENT OF LAW OR ORDER, WRIT, INJUNCTION OR DECREE IS BEING
CONTESTED IN GOOD FAITH BY APPROPRIATE PROCEEDINGS DILIGENTLY CONDUCTED; OR (B)
THE FAILURE TO COMPLY THEREWITH COULD NOT REASONABLY BE EXPECTED TO HAVE A
MATERIAL ADVERSE EFFECT.
44
6.09
BOOKS AND RECORDS.
(A)
MAINTAIN PROPER BOOKS OF RECORD AND
ACCOUNT, IN WHICH FULL, TRUE AND CORRECT ENTRIES IN CONFORMITY WITH GAAP
CONSISTENTLY APPLIED SHALL BE MADE OF ALL FINANCIAL TRANSACTIONS AND MATTERS
INVOLVING THE ASSETS AND BUSINESS OF BORROWER OR SUCH SUBSIDIARY, AS THE CASE
MAY BE; AND (B) MAINTAIN SUCH BOOKS OF RECORD AND ACCOUNT IN MATERIAL CONFORMITY
WITH ALL APPLICABLE REQUIREMENTS OF ANY GOVERNMENTAL AUTHORITY HAVING REGULATORY
JURISDICTION OVER SUCH LOAN PARTY.
6.10
INSPECTION RIGHTS.
PERMIT REPRESENTATIVES AND INDEPENDENT
CONTRACTORS OF THE LENDER TO VISIT AND INSPECT ANY OF ITS PROPERTIES, TO EXAMINE
ITS CORPORATE, FINANCIAL AND OPERATING RECORDS, AND MAKE COPIES THEREOF OR
ABSTRACTS THEREFROM, AND TO DISCUSS ITS AFFAIRS, FINANCES AND ACCOUNTS WITH ITS
DIRECTORS, OFFICERS, AND INDEPENDENT PUBLIC ACCOUNTANTS, ALL AT THE EXPENSE OF
BORROWER AND AT SUCH REASONABLE TIMES DURING NORMAL BUSINESS HOURS AND AS OFTEN
AS MAY BE REASONABLY DESIRED, UPON REASONABLE ADVANCE NOTICE TO BORROWER;
PROVIDED, HOWEVER, THAT SO LONG AS NO EVENT OF DEFAULT HAS OCCURRED AND IS
CONTINUING BORROWER'S OBLIGATION TO PAY THE EXPENSES OF ANY OF THE FOREGOING
WILL BE LIMITED TO (I) ONE INSPECTION PER YEAR (MEASURED FROM THE DATE OF THE
AGREEMENT AND EACH ANNIVERSARY