Common use of Agent’s Right to Procure Insurance Clause in Contracts

Agent’s Right to Procure Insurance. If at any time Agent is not in receipt of written evidence that all insurance required hereunder is maintained in full force and effect, Agent and the Lenders shall have the right (but not the obligation), upon notice to Borrower, to take such action as Agent deems necessary to protect Lenders’ interest in the Property, including, without limitation, the obtaining of such insurance coverage as Lenders in its sole discretion deems appropriate and all Insurance Premiums incurred by Agent and the Lenders in connection with such action or in obtaining such insurance and keeping it in effect shall be paid by Borrower to Agent upon demand and until paid shall be secured by the mortgagee and shall bear interest at the Default Rate.

Appears in 3 contracts

Samples: Loan Agreement (Empire State Realty Trust, Inc.), Loan Agreement (Empire State Realty Trust, Inc.), Loan Agreement (Empire State Building Associates L.L.C.)

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Agent’s Right to Procure Insurance. If at any time Agent is not in receipt of written evidence that all insurance required hereunder is maintained in full force and effect, Agent and the Lenders shall have the right (but not the obligation), upon notice to Borrower, to take such action as Agent deems necessary to protect Lenders’ interest in the Property, including, without limitation, the obtaining of such insurance coverage as Lenders in its sole discretion deems appropriate and all Insurance Premiums -95- incurred by Agent and the Lenders in connection with such action or in obtaining such insurance and keeping it in effect shall be paid by Borrower to Agent upon demand and until paid shall be secured by the mortgagee and shall bear interest at the Default Rate.

Appears in 1 contract

Samples: Loan Agreement

Agent’s Right to Procure Insurance. If Notwithstanding anything to the contrary contained herein, if at any time Agent is not in receipt of written evidence that all insurance required hereunder is maintained in full force and effect, Agent and the Lenders shall have the right (but not the obligation), upon ) with written notice to Borrower, Borrower to take such action as Agent deems necessary to protect Lenders’ interest its interests in the PropertyPremises, including, without limitation, including the obtaining of such insurance coverage coverages as Lenders in its sole discretion deems appropriate are required hereunder, and all Insurance Premiums expenses incurred by Agent and the Lenders in connection with such action or in obtaining such insurance and keeping it in effect shall be paid by Borrower to Agent upon promptly after demand and until paid shall be secured by the mortgagee and shall bear interest at the Default RateLoan Documents.

Appears in 1 contract

Samples: Loan Agreement (Great Wolf Resorts, Inc.)

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Agent’s Right to Procure Insurance. If Notwithstanding anything to the contrary contained herein, if at any time Agent is not in receipt of written evidence that all insurance required hereunder is maintained in full force and effect, including by any date by which any policy, certificate or other evidence is required to be delivered hereunder, Agent and the Lenders shall have the right (but not the obligation), upon notice to Borrower, ) to take such action as Agent deems necessary to protect Lenders’ interest its interests in the PropertyPremises, including, without limitation, including the obtaining of such insurance coverage coverages as Lenders in its sole discretion deems appropriate are required hereunder, and all Insurance Premiums expenses incurred by Agent and the Lenders in connection with such action or in obtaining such insurance and keeping it in effect shall be paid by Borrower to Agent upon promptly after demand and until paid shall be secured by the mortgagee and shall bear interest at the Default RateLoan Documents.

Appears in 1 contract

Samples: Loan Agreement (Interstate Hotels & Resorts Inc)

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