Common use of Certain Real Property Notices; Insurance Clause in Contracts

Certain Real Property Notices; Insurance. (a) The Senior Debt Representative shall give the Purchaser at least 30 days notice prior to commencing any Enforcement Action against any Real Property owned by the Vendor at which Royal Gold Priority Collateral is stored or otherwise located or to dispossess any Note Party from such Real Property. (b) Proceeds of Collateral include insurance proceeds and therefore the Lien Priority shall govern the ultimate disposition of casualty insurance proceeds. The Senior Debt Representative and Purchaser shall be named as additional insureds and loss payees with respect to all insurance policies relating to Collateral. The Senior Debt Representative shall have the sole and exclusive right, as against the Purchaser, to adjust settlement of insurance claims in the event of any covered loss, theft or destruction of Senior Debt Priority Collateral. The Purchaser shall have the sole and exclusive right, as against the Senior Debt Representative, to adjust settlement of insurance claims in the event of any covered loss, theft or destruction of Royal Gold Priority Collateral. All proceeds of such insurance shall be remitted to the Senior Debt Representative or the Purchaser, as the case may be, and each of the Purchaser and Senior Debt Representative shall cooperate (if necessary) in a reasonable manner in effecting the payment of insurance proceeds in accordance with Section 4.1.

Appears in 2 contracts

Samples: Intercreditor Agreement (Thompson Creek Metals Co Inc.), Intercreditor Agreement (Royal Gold Inc)

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Certain Real Property Notices; Insurance. (a) The Senior Debt Representative Loan Parties shall give each of the Purchaser Term Loan Representative and the ABL Representative at least 30 ninety (90) days prior written notice prior to commencing of any Enforcement Action against disposition of any Real Property owned by the Vendor any Loan Party at which Royal Gold ABL Priority Collateral is stored or otherwise located or to dispossess any Note Party from such Real Propertylocated. (b) Proceeds of Common Collateral include insurance proceeds and therefore the Lien Priority shall govern the ultimate disposition of casualty insurance proceeds. The Senior Debt ABL Representative and Purchaser shall shall, so long as the ABL Obligations Payment Date has not occurred, be named as additional insureds and insured or lender loss payees payee, as applicable, with respect to all insurance policies relating to the Collateral and the Term Loan Representative shall, so long as the Term Loan Obligations Payment Date has not occurred, be named as additional insured or lender loss payee, as applicable, with respect to all insurance policies relating to the Collateral. The Senior Debt ABL Representative shall have the sole and exclusive right, as against the Purchaser, to adjust settlement of insurance claims in the event of any covered loss, theft or destruction of Senior Debt Priority Collateral. The Purchaser shall have the sole and exclusive right, as against the Senior Debt Term Loan Representative, to adjust settlement of insurance claims in the event of any covered loss, theft or destruction of Royal Gold ABL Priority Collateral. The Term Loan Representative shall have the sole and exclusive right, as against the ABL Representative, to adjust settlement of insurance claims in the event of any covered loss, theft or destruction of Term Loan Priority Collateral. All proceeds of such insurance shall be remitted to the Senior Debt ABL Representative or the PurchaserTerm Loan Representative, as the case may be, and each of the Purchaser Term Loan Representative and Senior Debt ABL Representative shall cooperate (if necessary) in a reasonable manner in effecting the payment of insurance proceeds in accordance with Section 4.1.

Appears in 2 contracts

Samples: Senior Secured Credit Agreement (Lifetime Brands, Inc), Senior Secured Credit Agreement (Lifetime Brands, Inc)

Certain Real Property Notices; Insurance. (a) The Senior Debt Note Representative shall give the Purchaser ABL Representative at least 30 days notice prior to commencing any Enforcement Action against any Real Property owned by the Vendor any Loan Party at which Royal Gold ABL Priority Collateral is stored or otherwise located or to dispossess any Note Loan Party from such Real Property. (b) Proceeds of Collateral include insurance proceeds and therefore the Lien Priority shall govern the ultimate disposition of casualty insurance proceeds. The Senior Debt ABL Representative and Purchaser Note Representative shall be named as additional insureds and loss payees with respect to all insurance policies relating to Collateral. The Senior Debt ABL Representative shall have the sole and exclusive right, as against the Purchaser, to adjust settlement of insurance claims in the event of any covered loss, theft or destruction of Senior Debt Priority Collateral. The Purchaser shall have the sole and exclusive right, as against the Senior Debt Note Representative, to adjust settlement of insurance claims in the event of any covered loss, theft or destruction of Royal Gold ABL Priority Collateral. The Note Representative shall have the sole and exclusive right, as against the ABL Representative, to adjust settlement of insurance claims in the event of any covered loss, theft or destruction of Note Priority Collateral. All proceeds of such insurance shall be remitted to the Senior Debt ABL Representative or the PurchaserNote Representative, as the case may be, and each of the Purchaser Note Representative and Senior Debt ABL Representative shall cooperate (if necessary) in a reasonable manner in effecting the payment of insurance proceeds in accordance with Section 4.1.

Appears in 2 contracts

Samples: Intercreditor Agreement (Easton-Bell Sports, Inc.), Indenture (Easton-Bell Sports, Inc.)

Certain Real Property Notices; Insurance. (a) The Senior Term Debt Representative shall give the Purchaser ABL Representative at least 30 days notice prior to commencing any Enforcement Action against any Real Property owned by the Vendor any Loan Party at which Royal Gold ABL Priority Collateral is stored or otherwise located or to dispossess any Note Loan Party from such Real Property. (b) Proceeds of Collateral include insurance proceeds and therefore the Lien Priority shall govern the ultimate disposition of casualty insurance proceeds. The Senior ABL Representative and Term Debt Representative and Purchaser shall be named as additional insureds and loss payees with respect to all insurance policies relating to Collateral. The Senior Debt ABL Representative shall have the sole and exclusive right, as against the Purchaser, to adjust settlement of insurance claims in the event of any covered loss, theft or destruction of Senior Debt Priority Collateral. The Purchaser shall have the sole and exclusive right, as against the Senior Term Debt Representative, to adjust settlement of insurance claims in the event of any covered loss, theft or destruction of Royal Gold ABL Priority Collateral. The Term Debt Representative shall have the sole and exclusive right, as against the ABL Representative, to adjust settlement of insurance claims in the event of any covered loss, theft or destruction of Term Debt Priority Collateral. All proceeds of such insurance shall be remitted to the Senior Debt ABL Representative or the PurchaserTerm Debt Representative, as the case may be, and each of the Purchaser Term Debt Representative and Senior Debt ABL Representative shall cooperate (if necessary) in a reasonable manner in effecting the payment of insurance proceeds in accordance with Section 4.1.

Appears in 2 contracts

Samples: Credit Agreement (UniTek Global Services, Inc.), Intercreditor Agreement (Smithfield Foods Inc)

Certain Real Property Notices; Insurance. (a) The Senior Debt Term Loan Representative shall give the Purchaser ABL Representative at least 30 days notice prior to commencing any Enforcement Action against any Real Property (including, for the avoidance of doubt, the commencement of any action against title insurance policies) owned by the Vendor any Loan Party at which Royal Gold Priority ABL Collateral is stored or otherwise located or to dispossess any Note Loan Party from such Real Property. (b) Proceeds of Collateral include insurance proceeds and therefore the Lien Priority shall govern the ultimate disposition of casualty insurance proceeds. The Senior Debt ABL Representative and Purchaser Term Loan Representative shall be named as additional insureds and loss payees with respect to all insurance policies relating to Collateral. The Senior Debt ABL Representative shall have the sole and exclusive right, as against the Purchaser, to adjust settlement of insurance claims in the event of any covered loss, theft or destruction of Senior Debt Priority Collateral. The Purchaser shall have the sole and exclusive right, as against the Senior Debt Term Loan Representative, to adjust settlement of insurance claims in the event of any covered loss, theft or destruction of Royal Gold Priority ABL Collateral. The Term Loan Representative shall have the sole and exclusive right, as against the ABL Representative, to adjust settlement of insurance claims in the event of any covered loss, theft or destruction of Term Collateral. All proceeds of such insurance shall be remitted to the Senior Debt Loan Parties, the ABL Representative or the PurchaserTerm Loan Representative, as the case may be, and each of the Purchaser Term Loan Representative and Senior Debt ABL Representative shall cooperate (if necessary) in a reasonable manner in effecting the payment of insurance proceeds in accordance with Section 4.1.

Appears in 1 contract

Samples: Intercreditor Agreement (Griffon Corp)

Certain Real Property Notices; Insurance. (a) The Senior Debt Representative Loan Parties shall give each of the Purchaser Term Loan Representative and the ABL Representative at least 30 ninety (90) days prior written notice prior to commencing of any Enforcement Action against disposition of any Real Property owned by the Vendor any Loan Party at which Royal Gold ABL Priority Collateral is stored or otherwise located or to dispossess any Note Party from such Real Propertylocated. (b) Proceeds of Common Collateral include insurance proceeds and therefore the Lien Priority shall govern the ultimate disposition of casualty insurance proceeds. The Senior Debt ABL Representative and Purchaser shall shall, so long as the ABL Obligations Payment Date has not occurred, be named as additional insureds and insured or loss payees payee, as applicable, with respect to all insurance policies relating to the Collateral and the Term Loan Representative shall, so long as the Term Loan Obligations Payment Date has not occurred, be named as additional insured or loss payee, as applicable, with respect to all insurance policies relating to the Collateral. The Senior Debt ABL Representative shall have the sole and exclusive right, as against the Purchaser, to adjust settlement of insurance claims in the event of any covered loss, theft or destruction of Senior Debt Priority Collateral. The Purchaser shall have the sole and exclusive right, as against the Senior Debt Term Loan Representative, to adjust settlement of insurance claims in the event of any covered loss, theft or destruction of Royal Gold ABL Priority Collateral. The Term Loan Representative shall have the sole and exclusive right, as against the ABL Representative, to adjust settlement of insurance claims in the event of any covered loss, theft or destruction of Term Loan Priority Collateral. All proceeds of such insurance shall be remitted to the Senior Debt ABL Representative or the PurchaserTerm Loan Representative, as the case may be, and each of the Purchaser Term Loan Representative and Senior Debt ABL Representative shall cooperate (if necessary) in a reasonable manner in effecting the payment of insurance proceeds in accordance with Section 4.1.

Appears in 1 contract

Samples: Second Lien Credit Agreement (Lifetime Brands, Inc)

Certain Real Property Notices; Insurance. (a) The Senior Debt Term Loan Representative shall give the Purchaser ABL Representative at least 30 days notice prior to commencing any Enforcement Action against any Real Property (including, for the avoidance of doubt, the commencement of any action against title insurance policies) owned by the Vendor any Loan Party at which Royal Gold ABL Priority Collateral is stored or otherwise located or to dispossess any Note Loan Party from such Real Property. (b) Proceeds of Collateral include insurance proceeds and therefore the Lien Priority shall govern the ultimate disposition of casualty insurance proceeds. The Senior Debt ABL Representative and Purchaser Term Loan Representative shall be named as additional insureds and lender loss payees with respect to all insurance policies relating to Collateral, to the extent required pursuant to the terms of the Loan Documents. The Senior Debt ABL Representative shall have the sole and exclusive right, as against the Purchaser, to adjust settlement of insurance claims in the event of any covered loss, theft or destruction of Senior Debt Priority Collateral. The Purchaser shall have the sole and exclusive right, as against the Senior Debt Term Loan Representative, to adjust settlement of insurance claims in the event of any covered loss, theft or destruction of Royal Gold ABL Priority Collateral. The Term Loan Representative shall have the sole and exclusive right, as against the ABL Representative, to adjust settlement of insurance claims in the event of any covered loss, theft or destruction of Term Loan Priority Collateral. All proceeds of such insurance shall be remitted to the Senior Debt ABL Representative or the PurchaserTerm Loan Representative, as the case may be, and each of the Purchaser Term Loan Representative and Senior Debt ABL Representative shall cooperate (if necessary) in a reasonable manner in effecting the payment of insurance proceeds in accordance with Section 4.1.

Appears in 1 contract

Samples: Intercreditor Agreement (Winnebago Industries Inc)

Certain Real Property Notices; Insurance. (a) The Senior Debt Note and Specified Hedge Representative shall give the Purchaser ABL Representative at least 30 days notice prior to commencing any Enforcement Action against any Real Property (including, for the avoidance of doubt, the commencement of any action against title insurance policies) owned by the Vendor any Loan Party at which Royal Gold Priority ABL Collateral is stored or otherwise located or to dispossess any Note Loan Party from such Real Property. (b) Proceeds of Collateral include insurance proceeds and therefore the Lien Priority shall govern the ultimate disposition of casualty insurance proceeds. The Senior Debt ABL Representative and Purchaser Note and Specified Hedge Representative shall be named as additional insureds and loss payees with respect to all insurance policies relating to Collateral. The Senior Debt ABL Representative shall have the sole and exclusive right, as against the Purchaser, to adjust settlement of insurance claims in the event of any covered loss, theft or destruction of Senior Debt Priority Collateral. The Purchaser shall have the sole Note and exclusive right, as against the Senior Debt Specified Hedge Representative, to adjust settlement of insurance claims in the event of any covered loss, theft or destruction of Royal Gold Priority ABL Collateral. The Note and Specified Hedge Representative shall have the sole and exclusive right, as against the ABL Representative, to adjust settlement of insurance claims in the event of any covered loss, theft or destruction of Note and Specified Hedge Collateral. All proceeds of such insurance shall be remitted to the Senior Debt Loan Parties, the ABL Representative or the PurchaserNote and Specified Hedge Representative, as the case may be, and each of the Purchaser Note and Senior Debt Specified Hedge Representative and ABL Representative shall cooperate (if necessary) in a reasonable manner in effecting the payment of insurance proceeds in accordance with Section 4.1.

Appears in 1 contract

Samples: Intercreditor Agreement (Northern Tier Retail LLC)

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Certain Real Property Notices; Insurance. (a) [Reserved]. (b) The Senior Debt Term Loan Representative shall give the Purchaser ABL Representative at least 30 days ten (10) Business Days’ notice prior to commencing any Enforcement Action against any Real Property owned by the Vendor any Loan Party at which Royal Gold ABL Priority Collateral is stored or otherwise located or to dispossess any Note Loan Party from such Real Property. (bc) Proceeds of Common Collateral include insurance proceeds and therefore the Lien Priority shall govern the ultimate disposition of casualty insurance proceeds. The Senior Debt ABL Representative and Purchaser shall be named as additional insureds and insured or lender loss payees payee, as applicable, with respect to all insurance policies relating to ABL Priority Collateral and the Term Loan Representative shall be named as additional insured or lender loss payee, as applicable, with respect to all insurance policies relating to Term Loan Priority Collateral. The Senior Debt ABL Representative shall have the sole and exclusive right, as against the Purchaser, to adjust settlement of insurance claims in the event of any covered loss, theft or destruction of Senior Debt Priority Collateral. The Purchaser shall have the sole and exclusive right, as against the Senior Debt Term Loan Representative, to adjust settlement of insurance claims in the event of any covered loss, theft or destruction of Royal Gold ABL Priority Collateral. The Term Loan Representative shall have the sole and exclusive right, as against the ABL Representative, to adjust settlement of insurance claims in the event of any covered loss, theft or destruction of Term Loan Priority Collateral. All proceeds of such insurance shall be remitted to the Senior Debt ABL Representative or the PurchaserTerm Loan Representative, as the case may be, and each of the Purchaser Term Loan Representative and Senior Debt ABL Representative shall cooperate (if necessary) in a reasonable manner in effecting the payment of insurance proceeds in accordance with Section 4.1.

Appears in 1 contract

Samples: Intercreditor Agreement (Franchise Group, Inc.)

Certain Real Property Notices; Insurance. (a) The Senior Debt Exit Convertible Notes Representative shall give the Purchaser ABL Representative at least 30 days forty-five (45) days’ notice prior to commencing any Enforcement Action against any Real Property owned by the Vendor any Credit Party at which Royal Gold ABL Priority Collateral is stored or otherwise located or to dispossess any Note Credit Party from any such Real Property. (b) Proceeds of Collateral include insurance proceeds and therefore the Lien Priority shall govern the ultimate disposition of casualty insurance proceeds. The Senior Debt Representative and Purchaser shall be named as additional insureds and loss payees with respect to all insurance policies relating to Collateral. The Senior Debt ABL Representative shall have the sole and exclusive right, as against the Purchaser, to adjust settlement of insurance claims in the event of any covered loss, theft or destruction of Senior Debt Priority Collateral. The Purchaser shall have the sole and exclusive right, as against the Senior Debt Exit Convertible Notes Representative, to adjust settlement of insurance claims in the event of any covered loss, theft or destruction of Royal Gold ABL Priority Collateral. The Exit Convertible Notes Representative shall have the sole and exclusive right, as against the ABL Representative, to adjust settlement of insurance claims in the event of any covered loss, theft or destruction of Exit Convertible Notes Priority Collateral. All proceeds of such insurance shall be remitted to the Senior Debt ABL Representative or the PurchaserExit Convertible Notes Representative, as the case may be, and each of the Purchaser Exit Convertible Notes Representative and Senior Debt ABL Representative shall cooperate (if necessary) in a reasonable manner in effecting the payment of insurance proceeds in accordance with Section 4.1.

Appears in 1 contract

Samples: Intercreditor Agreement (Hi-Crush Inc.)

Certain Real Property Notices; Insurance. (a) The Senior Debt Fixed Asset Representative shall give the Purchaser Designated ABL Representative at least 30 days days' notice prior to it commencing any Enforcement Action against any Real Property (including, for the avoidance of doubt, the commencement of any action against title insurance policies) owned by the Vendor any Loan Party at which Royal Gold ABL Priority Collateral is stored or otherwise located or to dispossess any Note Loan Party from such Real Property. (b) Proceeds of Collateral include insurance proceeds and therefore the Lien Priority shall govern the ultimate disposition of casualty insurance proceeds. The Senior Debt Each ABL Representative and Purchaser the Fixed Asset Representative shall be named as additional insureds and lender loss payees with respect to all insurance policies relating to Collateral, to the extent required pursuant to the terms of the Debt Documents. The Senior Debt Each ABL Representative shall have the sole and exclusive right, as against the Purchaser, to adjust settlement of insurance claims in the event of any covered loss, theft or destruction of Senior Debt Priority Collateral. The Purchaser shall have the sole and exclusive right, as against the Senior Debt Fixed Asset Representative, to adjust settlement of insurance claims in the event of any covered loss, theft or destruction of Royal Gold ABL Priority Collateral. The Fixed Asset Representative shall have the sole and exclusive right, as against the ABL Representative, to adjust settlement of insurance claims in the event of any covered loss, theft or destruction of Fixed Asset Priority Collateral. All proceeds of such insurance shall be remitted to the Senior Debt Designated ABL Representative or the PurchaserCollateral Trustee, as the case may be, and each of the Purchaser Fixed Asset Representative and Senior Debt ABL Representative shall cooperate (if necessary) in a reasonable manner in effecting the payment of insurance proceeds in accordance with Section 4.1.

Appears in 1 contract

Samples: Intercreditor Agreement (Winnebago Industries Inc)

Certain Real Property Notices; Insurance. (a) [Reserved]. (b) The Senior Debt Term Loan Representative shall give the Purchaser ABL Representative at least 30 days written notice prior to commencing any Enforcement Action against any Real Property owned by the Vendor any Loan Party at which Royal Gold ABL Priority Collateral is stored or otherwise located or to dispossess any Note Loan Party from such Real Property. (bc) Proceeds of Collateral include insurance proceeds and therefore the Lien Priority shall govern the ultimate disposition of casualty insurance proceeds. The Senior Debt ABL Representative and Purchaser Term Loan Representative shall each be named as additional insureds and or loss payees payees, as applicable, with respect to all insurance policies relating to Collateralthe Collateral in accordance with and to the extent required by the ABL Documents and the Term Loan Documents, respectively. The Senior Debt Until the ABL Priority Obligations Payment Date, the ABL Representative shall have the sole and exclusive right, as against the Purchaser, to adjust settlement of insurance claims in the event of any covered loss, theft or destruction of Senior Debt Priority Collateral. The Purchaser shall have the sole and exclusive right, as against the Senior Debt Term Loan Representative, to adjust settlement of insurance claims in the event of any covered loss, theft or destruction of Royal Gold ABL Priority Collateral. Until the Term Loan Priority Obligations Payment Date, the Term Loan Representative shall have the sole and exclusive right, as against the ABL Representative, to adjust settlement of insurance claims in the event of any covered loss, theft or destruction of Term Loan Priority Collateral. All proceeds of such insurance shall be remitted to the Senior Debt ABL Representative or the PurchaserTerm Loan Representative, as the case may be, in accordance with and to the extent required by the ABL Documents and the Term Loan Documents, respectively, and each of the Purchaser Term Loan Representative and Senior Debt ABL Representative shall cooperate (if necessary) in a reasonable manner in effecting the payment of insurance proceeds in accordance with Section 4.1.

Appears in 1 contract

Samples: Intercreditor Agreement (SMG Industries Inc.)

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