TEAR AND EXCUSABLE DELAYS.
THE
IMPROVEMENTS AND THE PERSONAL PROPERTY SHALL NOT BE REMOVED, DEMOLISHED OR
ALTERED (EXCEPT FOR NORMAL REPLACEMENT OF THE PERSONAL PROPERTY, THE REMOVAL OF
OBSOLETE FIXTURES OR PERSONAL PROPERTY THAT BORROWER REASONABLY DETERMINES DOES
NOT REQUIRE REPLACEMENT, OR AS OTHERWISE PERMITTED PURSUANT TO SECTION 4.21
HEREOF) WITHOUT THE CONSENT OF ADMINISTRATIVE AGENT.
BORROWER SHALL PROMPTLY
REPAIR, REPLACE OR REBUILD ANY PART OF THE PROPERTY WHICH MAY BE DESTROYED BY
ANY CASUALTY AND WHICH IS NECESSARY FOR THE OPERATION OF THE PROPERTY
SUBSTANTIALLY AS OPERATED AS OF THE DATE HEREOF.
BORROWER SHALL NOT INITIATE,
JOIN IN, ACQUIESCE IN, OR CONSENT TO ANY CHANGE IN ANY PRIVATE RESTRICTIVE
COVENANT, ZONING LAW OR OTHER PUBLIC OR PRIVATE RESTRICTION, LIMITING OR
DEFINING THE USES WHICH MAY BE MADE OF THE PROPERTY OR ANY PART THEREOF WITHOUT
THE CONSENT OF ADMINISTRATIVE AGENT, WHICH CONSENT SHALL NOT BE UNREASONABLY
WITHHELD.
IF UNDER APPLICABLE ZONING PROVISIONS THE USE OF ALL OR ANY PORTION
OF THE PROPERTY IS OR SHALL BECOME A NONCONFORMING USE, BORROWER WILL NOT CAUSE
OR PERMIT THE NONCONFORMING USE TO BE DISCONTINUED OR THE NONCONFORMING
IMPROVEMENT TO BE ABANDONED WITHOUT THE EXPRESS WRITTEN CONSENT OF
ADMINISTRATIVE AGENT, UNLESS SUCH DISCONTINUATION OR ABANDONMENT WOULD NOT
RESULT IN A MATERIAL ADVERSE EFFECT.
SECTION 4.4
WASTE.
BORROWER SHALL NOT COMMIT OR SUFFER ANY WASTE OF
THE PROPERTY OR MAKE ANY CHANGE IN THE USE OF THE PROPERTY WHICH WILL IN ANY WAY
MATERIALLY INCREASE THE RISK OF FIRE OR OTHER HAZARD ARISING OUT OF THE
OPERATION OF THE PROPERTY, OR TAKE ANY ACTION THAT MIGHT INVALIDATE OR GIVE
CAUSE FOR CANCELLATION OF ANY POLICY OR, EXCEPT FOR ACTIONS OTHERWISE PERMITTED
HEREUNDER, DO OR PERMIT TO BE DONE THEREON ANYTHING THAT WILL OR IS REASONABLY
LIKELY TO MATERIALLY IMPAIR THE VALUE OF THE PROPERTY OR IMPAIR THE SECURITY FOR
THE LOAN.
BORROWER WILL NOT, WITHOUT THE PRIOR WRITTEN CONSENT OF REQUISITE
LENDERS (WHICH MUST INCLUDE THE CONSENT OF ANY LENDER THEN ACTING AS
ADMINISTRATIVE AGENT), PERMIT ANY DRILLING OR EXPLORATION FOR OR EXTRACTION,
REMOVAL, OR PRODUCTION OF ANY MINERALS FROM THE SURFACE OR THE SUBSURFACE OF THE
PROPERTY, REGARDLESS OF THE DEPTH THEREOF OR THE METHOD OF MINING OR EXTRACTION
THEREOF.
52
SECTION 4.5
PROPERTY TAXES AND OTHER CHARGES; TAX FILINGS.
(A)
SUBJECT TO BORROWER'S RIGHT OF CONTEST AS SET FORTH IN
SECTION 4.2(C), BORROWER SHALL PAY ALL PROPERTY TAXES AND OTHER CHARGES NOW OR
HEREAFTER LEVIED OR ASSESSED OR IMPOSED AGAINST THE PROPERTY OR ANY PART THEREOF
AS THE SAME BECOME DUE AND PAYABLE.
BORROWER SHALL FURNISH TO ADMINISTRATIVE
AGENT RECEIPTS FOR THE PAYMENT OF THE PROPERTY TAXES AND THE OTHER CHARGES PRIOR
TO THE DATE THE SAME SHALL BECOME DELINQUENT (PROVIDED, HOWEVER, THAT BORROWER
IS NOT REQUIRED TO FURNISH SUCH RECEIPTS FOR PAYMENT OF PROPERTY TAXES IN THE
EVENT THAT SUCH PROPERTY TAXES HAVE BEEN PAID BY ADMINISTRATIVE AGENT PURSUANT
TO SECTION 8.6 HEREOF).
BORROWER SHALL NOT SUFFER AND SHALL, BEFORE
DELINQUENCY, CAUSE TO BE PAID AND DISCHARGED ANY LIEN OR