Common use of Confidential Schedule 3 Clause in Contracts

Confidential Schedule 3. 13 sets forth an accurate and complete list of all policies of insurance, including fidelity and bond insurance, relating to HBI and each of its Subsidiaries. All such policies (a) are valid, outstanding and enforceable according to their terms, subject to the Bankruptcy Exception, and (b) are presently in full force and effect, no notice has been received of the cancellation, or threatened or proposed cancellation, of any such policy and there are no unpaid premiums due thereon. Neither HBI nor any of its Subsidiaries is in default with respect to any such policy nor has HBI or any of its Subsidiaries failed to give any notice or present any claim thereunder in a due and timely fashion. Except as set forth on Confidential Schedule 3.13, neither HBI nor any of its Subsidiaries have been refused any insurance with respect to its assets or operations, nor has its insurance been limited by any insurance carrier to which HBI or any of its Subsidiaries have applied for any such insurance within the last two (2) years. Each property of HBI and each of its Subsidiaries is insured for an amount deemed adequate by HBI’s management, as applicable, against risks customarily insured against. There have been no claims under any fidelity bonds of HBI or any of its Subsidiaries within the last three (3) years, and HBI has no Knowledge of any facts that would form the basis of a claim under such bonds.

Confidential Schedule 3. 13 sets forth an accurate and complete list of all policies of insurance, including fidelity and bond insurance, relating to HBI TBT and each of its Subsidiaries. All such policies (a) are valid, outstanding and enforceable according to their terms, subject to the Bankruptcy Exception, and (b) are presently in full force and effect, no notice has been received of the cancellation, or threatened or proposed cancellation, of any such policy and there are no unpaid premiums due thereon. Neither HBI TBT nor any of its Subsidiaries is in default with respect to any such policy nor has HBI TBT or any of its Subsidiaries failed to give any notice or present any claim thereunder in a due and timely fashion. Except as set forth on Confidential Schedule 3.13, neither HBI TBT nor any of its Subsidiaries have been refused any insurance with respect to its assets or operations, nor has its insurance been limited by any insurance carrier to which HBI TBT or any of its Subsidiaries have applied for any such insurance within the last two (2) years. Each property of HBI TBT and each of its Subsidiaries is insured for an amount deemed adequate by HBITBT’s management, as applicable, against risks customarily insured against. There have been no claims under any fidelity bonds of HBI TBT or any of its Subsidiaries within the last three (3) years, and HBI TBT has no Knowledge of any facts that would form the basis of a claim under such bonds.

Confidential Schedule 3. 13 sets forth an accurate and complete list of all policies of insurance, including fidelity and bond insurance, relating to HBI CBI and each of its Subsidiaries. All such policies (a) are valid, outstanding and enforceable according to their terms, subject to the Bankruptcy Exception, and (b) are presently in full force and effect, no notice has been received of the cancellation, or threatened or proposed cancellation, of any such policy and there are no unpaid premiums due thereon. Neither HBI CBI nor any of its Subsidiaries is in default with respect to any such policy nor has HBI CBI or any of its Subsidiaries failed to give any notice or present any claim thereunder in a due and timely fashion. Except as set forth on Confidential Schedule 3.13, neither HBI CBI nor any of its Subsidiaries have been refused any insurance with respect to its assets or operations, nor has its insurance been limited by any insurance carrier to which HBI CBI or any of its Subsidiaries have applied for any such insurance within the last two (2) years. Each property of HBI CBI and each of its Subsidiaries is insured for an amount deemed adequate by HBICBI’s management, as applicable, against risks customarily insured against. There have been no claims under any fidelity bonds of HBI CBI or any of its Subsidiaries within the last three (3) years, and HBI CBI has no Knowledge of any facts that would form the basis of a claim under such bonds.

Confidential Schedule 3. 13 sets forth an accurate and complete list of all policies of insurance, including fidelity and bond insurance, relating to HBI Xxxxxxx and each of its Subsidiaries. All such policies (a) are valid, outstanding and enforceable according to their terms, subject to the Bankruptcy Exception, and (b) are presently in full force and effect, no notice has been received of the cancellation, or threatened or proposed cancellation, of any such policy and there are no unpaid premiums due thereon. Neither HBI Xxxxxxx nor any of its Subsidiaries is in default with respect to any such policy nor has HBI Eastman or any of its Subsidiaries failed to give any notice or present any claim thereunder in a due and timely fashion. Except as set forth on Confidential Schedule 3.13, neither HBI Xxxxxxx nor any of its Subsidiaries have been refused any insurance with respect to its assets or operations, nor has its insurance been limited by any insurance carrier to which HBI Xxxxxxx or any of its Subsidiaries have applied for any such insurance within the last two (2) years. Each property of HBI Xxxxxxx and each of its Subsidiaries is insured for an amount deemed adequate by HBI’s Xxxxxxx’x management, as applicable, against risks customarily insured against. There have been no claims under any fidelity bonds of HBI Xxxxxxx or any of its Subsidiaries within the last three (3) years, and HBI Xxxxxxx has no Knowledge of any facts that would form the basis of a claim under such bonds.