WITH GAAP, PROVIDED ALL SUCH NON‐PAYMENTS,
INDIVIDUALLY OR IN THE AGGREGATE, HAVE NO REASONABLE LIKELIHOOD OF HAVING A
MATERIAL ADVERSE EFFECT.
SECTION 6.04.
INSURANCE.
THE
BORROWER SHALL MAINTAIN, AND CAUSE EACH OF ITS SUBSIDIARIES TO MAINTAIN, WITH
FINANCIALLY SOUND AND REPUTABLE INDEPENDENT INSURERS, 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 AS ARE CUSTOMARILY CARRIED UNDER SIMILAR CIRCUMSTANCES
BY SUCH OTHER PERSONS; PROVIDED, HOWEVER, THAT THE BORROWER AND ITS SUBSIDIARIES
MAY SELF-INSURE TO THE SAME EXTENT AS OTHER COMPANIES ENGAGED IN SIMILAR
BUSINESSES AND OWNING SIMILAR PROPERTIES IN THE SAME GENERAL AREAS IN WHICH THE
BORROWER AND SUCH SUBSIDIARIES OPERATE AND TO THE EXTENT CONSISTENT WITH PRUDENT
BUSINESS PRACTICE.
SECTION 6.05.
PRESERVATION OF
CORPORATE EXISTENCE, ETC.
THE BORROWER SHALL PRESERVE AND MAINTAIN, AND CAUSE
EACH OF ITS SUBSIDIARIES TO PRESERVE AND MAINTAIN, ITS CORPORATE EXISTENCE,
RIGHTS (CHARTER AND STATUTORY) AND FRANCHISES, EXCEPT AS PERMITTED UNDER
SECTIONS 7.05 AND 7.07.
99
SECTION 6.06.
ACCESS.
THE
BORROWER SHALL PERMIT, AND CAUSE EACH OF ITS SUBSIDIARIES TO PERMIT,
REPRESENTATIVES OF THE ADMINISTRATIVE AGENT OR ANY LENDER TO EXAMINE AND MAKE
COPIES OF AND ABSTRACTS FROM THE RECORDS AND BOOKS OF ACCOUNT OF, AND VISIT THE
PROPERTIES OF, THE BORROWER AND ANY OF ITS SUBSIDIARIES, AND TO DISCUSS THE
AFFAIRS, FINANCES AND ACCOUNTS OF THE BORROWER AND ANY OF ITS SUBSIDIARIES WITH
ANY OF THEIR DIRECTORS, OFFICERS AND INDEPENDENT PUBLIC ACCOUNTANTS AND
AUTHORIZE THOSE ACCOUNTANTS TO DISCLOSE TO SUCH PERSON ANY AND ALL FINANCIAL
STATEMENTS AND OTHER INFORMATION OF ANY KIND, INCLUDING COPIES OF ANY MANAGEMENT
LETTER OR THE SUBSTANCE OF ANY ORAL INFORMATION THAT SUCH ACCOUNTANTS MAY HAVE
WITH RESPECT TO THE BUSINESS, FINANCIAL AND OTHER AFFAIRS OF THE BORROWER OR ANY
OF ITS SUBSIDIARIES, ALL AT THE EXPENSE OF THE BORROWER AND AT SUCH TIMES DURING
NORMAL BUSINESS HOURS AND AS OFTEN AS MAY BE REASONABLY DESIRED, UPON REASONABLE
ADVANCE NOTICE TO THE BORROWER; PROVIDED, HOWEVER, THAT WHEN AN EVENT OF DEFAULT
EXISTS, THE ADMINISTRATIVE AGENT OR ANY LENDER MAY VISIT AND INSPECT, AT THE
EXPENSE OF THE BORROWER, ITS RECORDS AND PROPERTIES AT ANY TIME DURING BUSINESS
HOURS AND WITHOUT ADVANCE NOTICE.
SECTION 6.07.
KEEPING OF
BOOKS.
THE BORROWER SHALL MAINTAIN, AND CAUSE EACH OF ITS SUBSIDIARIES TO
MAINTAIN, PROPER BOOKS OF RECORD AND ACCOUNT, IN WHICH FULL AND CORRECT ENTRIES
SHALL BE MADE OF ALL FINANCIAL TRANSACTIONS AND MATTERS INVOLVING THE ASSETS AND
BUSINESS OF THE BORROWER AND EACH OF ITS SUBSIDIARIES IN ACCORDANCE WITH GAAP.
SECTION 6.08.
MAINTENANCE OF
PROPERTIES.
THE BORROWER SHALL MAINTAIN AND PRESERVE, AND CAUSE EACH OF ITS
SUBSIDIARIES TO MAINTAIN AND PRESERVE, ALL OF ITS PROPERTIES IN GOOD REPAIR,
WORKING ORDER AND CONDITION, AND FROM TIME TO TIME MAKE OR CAUSE TO BE MADE ALL
NECESSARY AND PROPER REPAIRS, RENEWALS, REPLACEMENTS AND IMPROVEMENTS SO THAT
THE BUSINESS CARRIED ON IN CONNECTION THEREWITH MAY BE PROPERLY AND
ADVANTAGEOUSLY CONDUCTED