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

Certain Real Property Notices; Insurance. (a) The Note Representative shall give the ABL Representative at least 30 days notice prior to commencing any Enforcement Action against any Real Property owned by any Loan Party at which ABL Priority Collateral is stored or otherwise located or to dispossess any 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 ABL Representative and Note Representative shall be named as additional insureds and loss payees with respect to all insurance policies relating to Collateral. The ABL Representative shall have the sole and exclusive right, as against the Note Representative, to adjust settlement of insurance claims in the event of any covered loss, theft or destruction of 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 ABL Representative or the Note Representative, as the case may be, and each of the Note 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.

Certain Real Property Notices; Insurance. (a) The Note Term Debt Representative shall give the ABL Representative at least 30 days notice prior to commencing any Enforcement Action against any Real Property owned by any Loan Party at which ABL Priority Collateral is stored or otherwise located or to dispossess any 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 ABL Representative and Note Term Debt Representative shall be named as additional insureds and loss payees with respect to all insurance policies relating to Collateral. The ABL Representative shall have the sole and exclusive right, as against the Note Term Debt Representative, to adjust settlement of insurance claims in the event of any covered loss, theft or destruction of ABL Priority Collateral. The Note 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 Note Term Debt Priority Collateral. All proceeds of such insurance shall be remitted to the ABL Representative or the Note Term Debt Representative, as the case may be, and each of the Note Term Debt 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.

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

Certain Real Property Notices; Insurance. (a) The Note Representative Loan Parties shall give each of the 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 any Loan Party at which ABL Priority Collateral is stored or otherwise located or to dispossess any Loan 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 ABL Representative and Note Representative 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 ABL Representative shall have the sole and exclusive right, as against the Note Term Loan Representative, to adjust settlement of insurance claims in the event of any covered loss, theft or destruction of ABL Priority Collateral. The Note 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 Note Term Loan Priority Collateral. All proceeds of such insurance shall be remitted to the ABL Representative or the Note Term Loan Representative, as the case may be, and each of the Note Term Loan 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.

Certain Real Property Notices; Insurance. (a) [Reserved]. (b) The Note Designated Term Loan Representative shall give the ABL Representative at least 30 days ten (10) Business Days’ notice prior to commencing any Enforcement Action against any Real Property owned by any Loan Party at which ABL Priority Collateral is stored or otherwise located or to dispossess any 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 ABL Representative and Note Representative 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 each 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 ABL Representative shall have the sole and exclusive right, as against the Note each Term Loan Representative, to adjust settlement of insurance claims in the event of any covered loss, theft or destruction of ABL Priority Collateral. The Note Each 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 Note Term Loan Priority Collateral. All proceeds of such insurance shall be remitted to the ABL Representative or the Note relevant Term Loan Representative, as the case may be, and each of the Note relevant Term Loan Representative and ABL Representative shall cooperate (if necessary) in a reasonable manner in effecting the payment of insurance proceeds in accordance with Section ‎Section 4.1.

Certain Real Property Notices; Insurance. (a) The Note Notes Representative shall give the ABL Representative at least 30 days notice prior to commencing any Enforcement Action against any Real Property owned by any Loan Party at which ABL Priority Collateral is stored or otherwise located or to dispossess any Loan Party from such Real PropertyProperty (it being understood that failure to give such notice shall not affect the effectiveness or validity of such Enforcement Action). (b) Proceeds of Common Collateral include insurance proceeds and therefore the Lien Priority shall govern the ultimate disposition of casualty insurance proceeds. The ABL Representative and Note Representative shall be named as additional insureds and insured or loss payees payee, as applicable, with respect to all insurance policies relating to ABL Priority Collateral and the Notes Representative shall be named as additional insured or loss payee, as applicable, with respect to all insurance policies relating to Notes Priority Collateral. The ABL Representative shall have the sole and exclusive right, as against the Note Notes Representative, to adjust settlement of insurance claims in the event of any covered loss, theft or destruction of ABL Priority Collateral. The Note 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 Note Notes Priority Collateral. All proceeds of such If, and to the extent of, any loss under an insurance shall be remitted to policy that covers both ABL Priority Collateral and Notes Priority Collateral, the ABL Representative and the Notes Representative shall work jointly in good faith to adjust or settle under the Note Representative, as the case may be, and each applicable insurance policy. Each of the Note Notes 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.

Certain Real Property Notices; Insurance. (a) The Note Representative Loan Parties shall give each of the 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 any Loan Party at which ABL Priority Collateral is stored or otherwise located or to dispossess any Loan 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 ABL Representative and Note Representative 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 ABL Representative shall have the sole and exclusive right, as against the Note Term Loan Representative, to adjust settlement of insurance claims in the event of any covered loss, theft or destruction of ABL Priority Collateral. The Note 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 Note Term Loan Priority Collateral. All proceeds of such insurance shall be remitted to the ABL Representative or the Note Term Loan Representative, as the case may be, and each of the Note Term Loan 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.

Certain Real Property Notices; Insurance. (a) The Note Term Loan Representative shall give the 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 any Loan Party at which ABL Priority Collateral is stored or otherwise located or to dispossess any 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 ABL Representative and Note 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 ABL Representative shall have the sole and exclusive right, as against the Note Term Loan Representative, to adjust settlement of insurance claims in the event of any covered loss, theft or destruction of ABL Priority Collateral. The Note 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 Note Term Loan Priority Collateral. All proceeds of such insurance shall be remitted to the ABL Representative or the Note Term Loan Representative, as the case may be, and each of the Note Term Loan 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.

Certain Real Property Notices; Insurance. (a) [Reserved]. (b) The Note Term Loan Representative shall give the ABL Representative at least 30 days written notice prior to commencing any Enforcement Action against any Real Property owned by any Loan Party at which ABL Priority Collateral is stored or otherwise located or to dispossess any 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 ABL Representative and Note 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 Until the ABL Priority Obligations Payment Date, the ABL Representative shall have the sole and exclusive right, as against the Note Term Loan Representative, to adjust settlement of insurance claims in the event of any covered loss, theft or destruction of ABL Priority Collateral. The Note 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 Note Term Loan Priority Collateral. All proceeds of such insurance shall be remitted to the ABL Representative or the Note Term 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 Note Term Loan 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.

Certain Real Property Notices; Insurance. (a) The Note Loan Parties shall give each of the Term Loan Representative and the ABL Representative at least 90 days prior written notice of any disposition of any Real Property owned by any Loan Party at which ABL Priority Collateral is stored or otherwise located. (b) The Term Loan Representative shall give the 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 any Loan Party at which ABL Priority Collateral is stored or otherwise located or to dispossess any 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 ABL Representative and Note Term Loan Representative shall be named as additional insureds and lender loss payees with respect to all insurance policies relating to Collateral. The ABL Representative shall have the sole and exclusive right, as against the Note Term Loan Representative, to adjust settlement of insurance claims in the event of any covered loss, theft or destruction of ABL Priority Collateral. The Note 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 Note Term Loan Priority Collateral. All proceeds of such insurance shall be remitted to the ABL Representative or the Note Term Loan Representative, as the case may be, and each of the Note Term Loan 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.

Certain Real Property Notices; Insurance. (a) [Reserved]. (b) The Note Term Loan Representative shall give the ABL Representative at least 30 days ten (10) Business Days’ notice prior to commencing any Enforcement Action against any Real Property owned by any Loan Party at which ABL Priority Collateral is stored or otherwise located or to dispossess any 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 ABL Representative and Note Representative 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 ABL Representative shall have the sole and exclusive right, as against the Note Term Loan Representative, to adjust settlement of insurance claims in the event of any covered loss, theft or destruction of ABL Priority Collateral. The Note 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 Note Term Loan Priority Collateral. All proceeds of such insurance shall be remitted to the ABL Representative or the Note Term Loan Representative, as the case may be, and each of the Note Term Loan 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.

Certain Real Property Notices; Insurance. (a) The Note and Specified Hedge Representative shall give the 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 any Loan Party at which ABL Priority Collateral is stored or otherwise located or to dispossess any 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 ABL Representative and Note and Specified Hedge Representative shall be named as additional insureds and loss payees with respect to all insurance policies relating to Collateral. The ABL Representative shall have the sole and exclusive right, as against the Note and Specified Hedge Representative, to adjust settlement of insurance claims in the event of any covered loss, theft or destruction of ABL Priority 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 Priority and Specified Hedge Collateral. All proceeds of such insurance shall be remitted to the Loan Parties, the ABL Representative or the Note and Specified Hedge Representative, as the case may be, and each of the Note and 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.

Certain Real Property Notices; Insurance. (a) The Note Fixed Asset Representative shall give the 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 any Loan Party at which ABL Priority Collateral is stored or otherwise located or to dispossess any 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 Each ABL Representative and Note 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 Each ABL Representative shall have the sole and exclusive right, as against the Note Fixed Asset Representative, to adjust settlement of insurance claims in the event of any covered loss, theft or destruction of ABL Priority Collateral. The Note 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 Note Fixed Asset Priority Collateral. All proceeds of such insurance shall be remitted to the Designated ABL Representative or the Note RepresentativeCollateral Trustee, as the case may be, and each of the Note Fixed Asset 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.

Certain Real Property Notices; Insurance. (a) The Note Loan Parties shall give each of the [Term Loan] Representative and the ABL Representative at least ninety (90) days prior written notice of any disposition of any Real Property owned by any Loan Party at which ABL Priority Collateral is stored or otherwise located. (b) The [Term Loan] Representative shall give the ABL Representative at least 30 thirty (30) days notice prior to commencing any Enforcement Action against any Real Property owned by any Loan Party at which ABL Priority Collateral is stored or otherwise located or to dispossess any 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 ABL Representative and Note Representative shall be named as additional insureds and insured or 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 loss payee, as applicable, with respect to all insurance policies relating to [Term Loan] Priority Collateral. The ABL Representative shall have the sole and exclusive right, as against the Note [Term Loan] Representative, to adjust settlement of insurance claims in the event of any covered loss, theft or destruction of ABL Priority Collateral. The Note [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 Note [Term Loan] Priority Collateral. All proceeds of such insurance shall be remitted to the ABL Representative or the Note [Term Loan] Representative, as the case may be, and each of the Note [Term Loan] 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.

Certain Real Property Notices; Insurance. (a) The Note Term Loan Representative shall give the 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 any Loan Party at which ABL Priority Collateral is stored or otherwise located or to dispossess any 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 ABL Representative and Note Term Loan Representative shall be named as additional insureds and loss payees with respect to all insurance policies relating to Collateral. The ABL Representative shall have the sole and exclusive right, as against the Note Term Loan Representative, to adjust settlement of insurance claims in the event of any covered loss, theft or destruction of ABL Priority Collateral. The Note 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 Note Priority Term Collateral. All proceeds of such insurance shall be remitted to the Loan Parties, the ABL Representative or the Note Term Loan Representative, as the case may be, and each of the Note Term Loan 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.

Certain Real Property Notices; Insurance. (a) The Note Exit Convertible Notes Representative shall give the ABL Representative at least 30 days forty-five (45) days’ notice prior to commencing any Enforcement Action against any Real Property owned by any Loan Credit Party at which ABL Priority Collateral is stored or otherwise located or to dispossess any Loan 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 ABL Representative and Note Representative shall be named as additional insureds and loss payees with respect to all insurance policies relating to Collateral. The ABL Representative shall have the sole and exclusive right, as against the Note Exit Convertible Notes Representative, to adjust settlement of insurance claims in the event of any covered loss, theft or destruction of ABL Priority Collateral. The Note 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 Note Exit Convertible Notes Priority Collateral. All proceeds of such insurance shall be remitted to the ABL Representative or the Note Exit Convertible Notes Representative, as the case may be, and each of the Note Exit Convertible Notes 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.