Common use of Certain Requirements Clause in Contracts

Certain Requirements. The insurance policies required by this Section 11.2 shall (A) provide that Lessor, Owner Participant and the Lenders are additional insureds thereunder and that such Persons are named as loss payees thereunder as their interests may appear, provided that the Lenders shall be the sole loss payees from such time that Lessor notifies the insurers that the Security Documents are in effect until such time as the Lenders notify the insurers that the Lien of the Security Documents has been discharged; (B) provide that all payments shall be payable directly to Lessor (or Lenders during any period during which they are the sole loss payee); provided that unless Lessor or a Lender shall provide notice to such insurers that a Lease Default or Lease Event of Default has occurred and is continuing, any payment not in excess of $100,000 may be paid directly to Lessee; (C) provide that if such insurance is to be cancelled for any reason whatever, or any material change is to be made in the coverage which adversely affects the interest of Lessor, Owner Participant or any Lender or, if such insurance may be allowed to lapse for non-payment of premium, such cancellation, change or lapse shall not be effective as to such Person for thirty (30) days (seven (7) days or such shorter period as may be generally available in case of any war risk and allied perils coverage) after written notice is received by such Person from such insurers of such cancellation, change or lapse; (D) provide that in respect of the interest of Lessor, the Owner Participant and the Lenders in such policies the insurance shall not be invalidated by any action or inaction of Lessee or any other Person and shall insure Lessor, the Owner Participant and the Lenders regardless of any breach or violation by Lessee or any other Person of any warranty, declaration or condition contained in such policies; (E) provide that the insurers shall waive any rights of subrogation against Lessor, the Owner Participant and the Lenders; (F) provide that the insurers shall waive any right to any set-off, recoupment or counterclaim or any other deduction, by attachment or otherwise; (G) provide that all the provisions thereof, except the agreed values and limits of the liability of the insurer under such policy, shall operate in the same manner as if there were a separate policy covering each insured; (H) provide that none of Lessor, Owner Participant and any Lender shall be liable for any insurance premium; (I) be effective with respect to both domestic and international operation; and (J) be primary and without right of contribution from other insurance which may provide coverage to Lessor, Owner Participant and any Lender.

Certain Requirements. The insurance policies required Issuing Bank is under no obligation to Issue any Letter of Credit if: (i) any order, judgment or decree of any Governmental Authority or arbitrator shall by this Section 11.2 its terms purport to enjoin or restrain the Issuing Bank from Issuing such Letter of Credit, or any requirement of law applicable to the Issuing Bank or any request or directive (with which it is customary for banks in the relevant jurisdiction to comply whether or not having the force of law) from any Governmental Authority with jurisdiction over the Issuing Bank shall (A) provide that Lessorprohibit, Owner Participant and the Lenders are additional insureds thereunder and that such Persons are named as loss payees thereunder as their interests may appear, provided or request that the Lenders Issuing Bank refrain from, the Issuance of letters of credit generally or such Letter of Credit in particular or shall be impose upon the sole loss payees from Issuing Bank with respect to such time that Lessor notifies Letter of Credit any restriction, reserve, or capital requirement (for which the insurers that the Security Documents are Issuing Bank is not otherwise compensated hereunder) not in effect until on the Closing Date, or shall impose upon the Issuing Bank any unreimbursed loss, cost, or expense which was not applicable on the Closing Date and which the Issuing Bank in good faitx xxxxx xxxerial to it; (ii) the Issuing Bank has received written notice from any Bank, the Administrative Agent or Borrower, on or prior to the Business Day prior to the requested date of Issuance of such time as the Lenders notify the insurers Letter of Credit, that the Lien one or more of the Security Documents has been discharged; applicable conditions contained in Article 5 is not then satisfied; (Biii) provide that all payments shall be payable directly to Lessor (or Lenders during the Stated Expiry Date of any period during which they are the sole loss payee); provided that unless Lessor or a Lender shall provide notice to such insurers that a Lease Default or Lease Event requested Letter of Default has occurred and Credit is continuing, any payment not in excess accord with the requirements of $100,000 may be paid directly Section 2.10(b), unless all of the Banks have approved such Stated Expiry Date; (iv) any requested Letter of Credit does not provide for drafts, or is not otherwise in form and substance acceptable to Lesseethe Issuing Bank, or the Issuance of a Letter of Credit shall violate any applicable policies of the Issuing Bank; or (Cv) provide that if such insurance Letter of Credit is to be cancelled used for any reason whatever, a purpose other than as provided herein or any material change is to be made denominated in the coverage which adversely affects the interest of Lessor, Owner Participant or any Lender or, if such insurance may be allowed to lapse for non-payment of premium, such cancellation, change or lapse shall not be effective as to such Person for thirty (30) days (seven (7) days or such shorter period as may be generally available in case of any war risk and allied perils coverage) after written notice is received by such Person from such insurers of such cancellation, change or lapse; (D) provide that in respect of the interest of Lessor, the Owner Participant and the Lenders in such policies the insurance shall not be invalidated by any action or inaction of Lessee or any a currency other Person and shall insure Lessor, the Owner Participant and the Lenders regardless of any breach or violation by Lessee or any other Person of any warranty, declaration or condition contained in such policies; (E) provide that the insurers shall waive any rights of subrogation against Lessor, the Owner Participant and the Lenders; (F) provide that the insurers shall waive any right to any set-off, recoupment or counterclaim or any other deduction, by attachment or otherwise; (G) provide that all the provisions thereof, except the agreed values and limits of the liability of the insurer under such policy, shall operate in the same manner as if there were a separate policy covering each insured; (H) provide that none of Lessor, Owner Participant and any Lender shall be liable for any insurance premium; (I) be effective with respect to both domestic and international operation; and (J) be primary and without right of contribution from other insurance which may provide coverage to Lessor, Owner Participant and any Lenderthan Dollars.

Certain Requirements. The insurance policies required Issuing Bank is under no obligation to Issue any Letter of Credit if: (i) any order, judgment or decree of any Governmental Authority or arbitrator shall by this Section 11.2 its terms purport to enjoin or restrain the Issuing Bank from Issuing such Letter of Credit, or any requirement of law applicable to the Issuing Bank or any request or directive (with which it is customary for banks in the relevant jurisdiction to comply whether or not having the force of law) from any Governmental Authority with jurisdiction over the Issuing Bank shall (A) provide that Lessorprohibit, Owner Participant and the Lenders are additional insureds thereunder and that such Persons are named as loss payees thereunder as their interests may appear, provided or request that the Lenders Issuing Bank refrain from, the Issuance of letters of credit generally or such Letter of Credit in particular or shall be impose upon the sole loss payees from Issuing Bank with respect to such time that Lessor notifies Letter of Credit any restriction, reserve, or capital requirement (for which the insurers that the Security Documents are Issuing Bank is not otherwise compensated hereunder) not in effect until on the Closing Date, or shall impose upon the Issuing Bank any unreimbursed loss, cost, or expense which was not applicable on the Closing Date and which the Issuing Bank in good fxxxx xxxxx material to it; (ii) the Issuing Bank has received written notice from any Bank, the Agent or Borrower, on or prior to the Banking Day prior to the requested date of Issuance of such time as the Lenders notify the insurers Letter of Credit, that the Lien one or more of the Security Documents has been discharged; applicable conditions contained in Article 5 is not then satisfied; (Biii) provide that all payments shall be payable directly to Lessor (or Lenders during the Stated Expiry Date of any period during which they are the sole loss payee); provided that unless Lessor or a Lender shall provide notice to such insurers that a Lease Default or Lease Event requested Letter of Default has occurred and Credit is continuing, any payment not in excess accord with the requirements of $100,000 may be paid directly Section 2.10(b), unless all of the Banks have approved such Stated Expiry Date; (iv) any requested Letter of Credit does not provide for drafts, or is not otherwise in form and substance acceptable to Lesseethe Issuing Bank, or the Issuance of a Letter of Credit shall violate any applicable policies of the Issuing Bank; or (Cv) provide that if such insurance Letter of Credit is to be cancelled for any reason whatever, or any material change is to be made denominated in the coverage which adversely affects the interest of Lessor, Owner Participant or any Lender or, if such insurance may be allowed to lapse for non-payment of premium, such cancellation, change or lapse shall not be effective as to such Person for thirty (30) days (seven (7) days or such shorter period as may be generally available in case of any war risk and allied perils coverage) after written notice is received by such Person from such insurers of such cancellation, change or lapse; (D) provide that in respect of the interest of Lessor, the Owner Participant and the Lenders in such policies the insurance shall not be invalidated by any action or inaction of Lessee or any a currency other Person and shall insure Lessor, the Owner Participant and the Lenders regardless of any breach or violation by Lessee or any other Person of any warranty, declaration or condition contained in such policies; (E) provide that the insurers shall waive any rights of subrogation against Lessor, the Owner Participant and the Lenders; (F) provide that the insurers shall waive any right to any set-off, recoupment or counterclaim or any other deduction, by attachment or otherwise; (G) provide that all the provisions thereof, except the agreed values and limits of the liability of the insurer under such policy, shall operate in the same manner as if there were a separate policy covering each insured; (H) provide that none of Lessor, Owner Participant and any Lender shall be liable for any insurance premium; (I) be effective with respect to both domestic and international operation; and (J) be primary and without right of contribution from other insurance which may provide coverage to Lessor, Owner Participant and any Lenderthan Dollars.

Certain Requirements. The insurance policies required Issuing Bank is under no obligation to Issue any Letter of Credit if: (i) any order, judgment or decree of any Governmental Authority or arbitrator shall by this Section 11.2 its terms purport to enjoin or restrain the Issuing Bank from Issuing such Letter of Credit, or any requirement of law applicable to the Issuing Bank or any request or directive (with which it is customary for banks in the relevant jurisdiction to comply whether or not having the force of law) from any Governmental Authority with jurisdiction over the Issuing Bank shall (A) provide that Lessorprohibit, Owner Participant and the Lenders are additional insureds thereunder and that such Persons are named as loss payees thereunder as their interests may appear, provided or request that the Lenders Issuing Bank refrain from, the Issuance of letters of credit generally or such Letter of Credit in particular or shall be impose upon the sole loss payees from Issuing Bank with respect to such time that Lessor notifies Letter of Credit any restriction, reserve, or capital requirement (for which the insurers that the Security Documents are Issuing Bank is not otherwise compensated hereunder) not in effect until on the Closing Date, or shall impose upon the Issuing Bank any unreimbursed loss, cost, or expense which was not applicable on the Closing Date and which the Issuing Bank in good fxxxx xxxxx material to it; (ii) the Issuing Bank has received written notice from any Bank, the Administrative Agent or Borrower, on or prior to the Banking Day prior to the requested date of Issuance of such time as the Lenders notify the insurers Letter of Credit, that the Lien one or more of the Security Documents has been discharged; applicable conditions contained in Article 5 is not then satisfied; (Biii) provide that all payments shall be payable directly to Lessor (or Lenders during the Stated Expiry Date of any period during which they are the sole loss payee); provided that unless Lessor or a Lender shall provide notice to such insurers that a Lease Default or Lease Event requested Letter of Default has occurred and Credit is continuing, any payment not in excess accord with the requirements of $100,000 may be paid directly Section 2.10(b), unless all of the Banks have approved such Stated Expiry Date; (iv) any requested Letter of Credit does not provide for drafts, or is not otherwise in form and substance acceptable to Lesseethe Issuing Bank, or the Issuance of a Letter of Credit shall violate any applicable policies of the Issuing Bank; or (Cv) provide that if such insurance Letter of Credit is to be cancelled for any reason whatever, or any material change is to be made denominated in the coverage which adversely affects the interest of Lessor, Owner Participant or any Lender or, if such insurance may be allowed to lapse for non-payment of premium, such cancellation, change or lapse shall not be effective as to such Person for thirty (30) days (seven (7) days or such shorter period as may be generally available in case of any war risk and allied perils coverage) after written notice is received by such Person from such insurers of such cancellation, change or lapse; (D) provide that in respect of the interest of Lessor, the Owner Participant and the Lenders in such policies the insurance shall not be invalidated by any action or inaction of Lessee or any a currency other Person and shall insure Lessor, the Owner Participant and the Lenders regardless of any breach or violation by Lessee or any other Person of any warranty, declaration or condition contained in such policies; (E) provide that the insurers shall waive any rights of subrogation against Lessor, the Owner Participant and the Lenders; (F) provide that the insurers shall waive any right to any set-off, recoupment or counterclaim or any other deduction, by attachment or otherwise; (G) provide that all the provisions thereof, except the agreed values and limits of the liability of the insurer under such policy, shall operate in the same manner as if there were a separate policy covering each insured; (H) provide that none of Lessor, Owner Participant and any Lender shall be liable for any insurance premium; (I) be effective with respect to both domestic and international operation; and (J) be primary and without right of contribution from other insurance which may provide coverage to Lessor, Owner Participant and any Lenderthan Dollars.