Black & Decker CYCLONE BLC12600BUC Manuel d'utilisateur télécharger pdf (Page 163)

deeds of trust, leases and other agreements and instruments, the violation or breach of which, either individually or in the

aggregate, could reasonably be expected to have a Material Adverse Effect.

(b) Payment of Taxes, Etc. Pay and discharge, and cause each of its Subsidiaries to pay and discharge, before

the same shall become delinquent, (i) all taxes, assessments and governmental charges or levies imposed upon it or upon its

property and (ii) all lawful claims that, if unpaid, might by law become a Lien upon its property and assets; provided,

however, that neither any Borrower nor any of its Subsidiaries shall be required to pay or discharge (A) any taxes,

assessments, reassessments, charges, levies or claims that, either individually or in the aggregate, do not exceed $15,000,000

(or the equivalent thereof in one or more foreign currencies) at any time or (B) any such tax, assessment, reassessment,

charge, levy or claim that is being contested in good faith and by proper proceedings and as to which appropriate reserves are

being maintained in accordance with generally accepted accounting principles in effect from time to time, unless and until, in

any of the foregoing cases, any Lien resulting therefrom attaches to its property and enforcement, collection, levy or

foreclosure proceedings shall have been commenced and remain unstayed in respect thereof.

responsible and reputable insurance companies or associations in such amounts and covering such risks as is usually carried

by companies engaged in similar businesses of similar size and owning similar properties in the same general areas in which

such Borrower or such Subsidiary operates and (ii) additional insurance to the extent required under applicable law, rule,

regulation or order unless, in either case, the failure to maintain such insurance, either individually or in the aggregate, could

not reasonably be expected to have a Material Adverse Effect.

(d) Preservation of Existence, Etc. Preserve and maintain, and cause each of its Subsidiaries to preserve and

maintain, its existence, rights (charter and statutory), licenses and franchises (whether arising as a matter of contract or under

applicable law or regulation); provided, however, that any Borrower or any of its Subsidiaries may consummate any

transaction otherwise permitted under Section 5.02(b); and provided further that neither any Borrower nor any of its

Subsidiaries shall be required to preserve (i) any Subsidiary of the Company that is not a Borrower or (ii) any right, license or

franchise if management of such Borrower shall determine in good faith that the preservation thereof is no longer desirable in

the conduct of the business or the continued operations of such Borrower or such Subsidiary, as the case may be, and that the

loss thereof is not disadvantageous in any material respect to such Borrower, such Subsidiary or the Lenders.

(e) Visitation Rights. At any reasonable time and from time to time, during normal business hours and upon

reasonable notice, permit the Administrative Agent or any of the Lenders or any agents or representatives thereof to examine

and make copies of and abstracts from the records and books of account, and visit and inspect the properties, of any Borrower

or any of its Subsidiaries, and to discuss the affairs, finances

Source: BLACK & DECKER CORP, 10-K, February 19, 2010 Powered by Morningstar

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Black & Decker CYCLONE BLC12600BUC Manuel d'utilisateur Page 163