Certain Covenants Regarding the Collateral. (a) Assurances. Without expense or cost to any of the Lender Parties, each Borrower shall, and shall cause each of its Subsidiaries to, from time to time hereafter, execute, acknowledge, file, record, do and deliver all and any further acts, deeds, conveyances, mortgages, deeds of trust, deeds to secure debt, security agreements, hypothecations, pledges, charges, assignments, financing statements and continuations thereof, notices of assignment, transfers, certificates, assurances and other instruments as the Administrative Agent may from time to time reasonably require in order to carry out more effectively the purposes of this Agreement or the other Loan Documents, including to subject to the Liens created hereby any and all of the units and items of Collateral intended now or hereafter to be covered hereby, to perform and maintain such liens, and to assure, convey, assign, transfer and confirm unto the Administrative Agent for the benefit of the Lenders the property and rights conveyed and assigned hereby or intended now or hereafter to be conveyed or assigned hereby, or which any Borrower or any Subsidiary may be or may hereafter become bound to convey or to assign to the Administrative Agent for the benefit of the Lenders, or for carrying out the intention of or facilitating the performance of the terms of this Agreement or any other Loan Document or for filing, registering or recording this Agreement or any other Loan Document. Promptly upon written request, each Borrower shall, and shall cause each of its Subsidiaries to, execute and deliver, and hereby authorizes the Administrative Agent to execute and file in the name of such Borrower or Subsidiary, to the extent the Administrative Agent may lawfully do so, one or more financing statements, chattel mortgages or comparable security instruments to evidence more effectively the Liens upon the Collateral created hereby or intended so to be.
Certain Covenants Regarding the Collateral. The Borrower agrees with regard to the Collateral, unless the Lender agrees otherwise in writing: (i) that the Lender is authorized to file financing statements in the name of the Borrower to perfect the Lender’s security interest in the Collateral; (ii) that the Lender is authorized to notify any buyers of the Collateral of the Lender’s interest in the Collateral, (iii) where applicable, to operate the Collateral in accordance with all applicable statutes, rules and regulations relating to the use and control of the Collateral, and not to use any Collateral for any unlawful purpose or in any way that would void any insurance required to be carried; (iv) to pay when due all license fees, registration fees and other charges in connection with the Collateral; (v) not to permit any lien on the Collateral; (vi) not to sell, hypothecate or dispose of, nor permit the transfer by operation of law of, any Collateral or any interest in the Collateral; (vii) to keep, in accordance with generally accepted accounting principles, complete and accurate Books and Records regarding all the Collateral, and to permit the Lender to inspect the same and make copies at any time during regular business hours; and (viii) to provide any service and do any other acts which may be necessary to maintain, preserve and protect all the Collateral and, as appropriate and applicable, to keep all the Sapphire in good and saleable condition, to deal with the Sapphire in accordance with the standards and practices adhered to generally by holders of like property. The Borrower will maintain and keep in force all risk insurance covering the Collateral against fire, theft, liability and extended coverages (including without limitation flood, windstorm coverage and hurricane coverage as applicable), to the extent that any Collateral is of a type which can be so insured. Upon the request of the Lender, the Borrower will deliver to the Lender a copy of each insurance policy, or, if permitted by the Lender, a certificate of insurance listing all insurance in force. The Borrower will not attach any Collateral to any real property or fixture in a manner which might cause such Collateral to become a part thereof unless the Borrower first obtains the written consent of any owner, holder of any lien on the real property or fixture, or other person having an interest in such property to the removal by the Lender of the Collateral from such real property or fixture. Such written consent shall be in form ...
