7.05.
SECTION 6.06
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.
SECTION 6.07
MAINTENANCE OF INSURANCE.
MAINTAIN WITH FINANCIALLY SOUND
AND REPUTABLE INSURANCE COMPANIES, 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 REASONABLE AND CUSTOMARY FOR
SIMILARLY SITUATED PERSONS ENGAGED IN THE SAME OR SIMILAR BUSINESSES AS THE
BORROWER AND THE RESTRICTED SUBSIDIARIES) AS ARE CUSTOMARILY CARRIED UNDER
SIMILAR CIRCUMSTANCES BY SUCH OTHER PERSONS.
SECTION 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 IF THE FAILURE TO COMPLY
THEREWITH COULD NOT REASONABLY BE EXPECTED TO HAVE A MATERIAL ADVERSE EFFECT.
SECTION 6.09
BOOKS AND RECORDS.
MAINTAIN PROPER BOOKS OF RECORD AND
ACCOUNT, IN WHICH ENTRIES THAT ARE FULL, TRUE AND CORRECT IN ALL MATERIAL
RESPECTS AND ARE IN CONFORMITY WITH GAAP CONSISTENTLY APPLIED SHALL BE MADE OF
ALL MATERIAL FINANCIAL TRANSACTIONS AND MATTERS INVOLVING THE ASSETS AND
BUSINESS OF THE BORROWER OR SUCH SUBSIDIARY, AS THE CASE MAY BE.
SECTION 6.10
INSPECTION RIGHTS.
PERMIT REPRESENTATIVES AND INDEPENDENT
CONTRACTORS OF THE ADMINISTRATIVE AGENT AND EACH LENDER TO VISIT AND INSPECT ANY
OF ITS
95
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 REASONABLE EXPENSE OF THE BORROWER AND AT SUCH REASONABLE TIMES DURING
NORMAL BUSINESS HOURS AND AS OFTEN AS MAY BE REASONABLY DESIRED, UPON REASONABLE
ADVANCE NOTICE TO THE BORROWER; PROVIDED THAT, EXCLUDING ANY SUCH VISITS AND
INSPECTIONS DURING THE CONTINUATION OF AN EVENT OF DEFAULT, ONLY THE
ADMINISTRATIVE AGENT ON BEHALF OF THE LENDERS MAY EXERCISE RIGHTS OF THE
ADMINISTRATIVE AGENT AND THE LENDERS UNDER THIS SECTION 6.10 AND THE
ADMINISTRATIVE AGENT SHALL NOT EXERCISE SUCH RIGHTS MORE OFTEN THAN TWO (2)
TIMES DURING ANY CALENDAR YEAR ABSENT THE EXISTENCE OF AN EVENT OF DEFAULT AND
ONLY ONE (1) SUCH TIME SHALL BE AT THE BORROWER'S EXPENSE; PROVIDED FURTHER THAT
WHEN AN EVENT OF DEFAULT EXISTS, THE ADMINISTRATIVE AGENT OR ANY LENDER (OR ANY
OF THEIR RESPECTIVE REPRESENTATIVES OR INDEPENDENT CONTRACTORS) MAY DO ANY OF
THE FOREGOING AT THE EXPENSE OF THE BORROWER AT ANY TIME DURING NORMAL BUSINESS
HOURS AND UPON REASONABLE ADVANCE NOTICE.
THE ADMINISTRATIVE AGENT AND THE
LENDERS SHALL GIVE THE