Directors Officers Liability. Entity coverage to cover claims against the organization directly for wrongful acts with limits not less than $100,000.
Directors Officers Liability. The Company shall use commercially reasonable efforts to obtain from financially sound and reputable insurers, and thereafter maintain, a policy or policies of directors’ and officers’ liability insurance on terms and conditions satisfactory to the Board, including a majority of then-serving Preferred Directors, and with a coverage limit of not less than $2,000,000, and will use commercially reasonable efforts to cause such policy to be maintained until such time as the Board, including the approval of a majority of the then-serving Preferred Directors, determines that such insurance should be discontinued or otherwise modified.
Directors Officers Liability. To the extent the project has the exposure at the time it becomes operational, Directors and Officers liability insurance providing cover for Side A and Side B in an amount not less than $5,000,000 subject to industry standard deductibles. If deemed to be required, this requirement can be satisfied by the separate coverage of the individual Borrower membership entities.
Directors Officers Liability. The Company shall use reasonable best efforts to maintain a policy or policies of directors’ and officers’ liability insurance (“D&O Insurance”) on terms and conditions reasonably acceptable to the Company and the Investors. The Company shall keep such D&O Insurance in place so long as any of the Investors’ designees serve on the Board, provided such insurance is available on commercially reasonable terms as determined by the Board. In addition, the Company’s Certificate of Incorporation and Bylaws shall provide for (a) elimination of the liability of directors to the maximum extent permitted by law and (b) indemnification of directors for acts on behalf of the Company to the maximum extent permitted by law.
Directors Officers Liability. Borrower shall procure insurance with a limit of $10,000,000 for D&O management liability wrongful acts. ATTACHMENT C EXISTING INDEBTEDNESS None. ATTACHMENT D [Redacted] Exhibit E-1 SCHEDULE 6.25 [Redacted] SCHEDULE 6.28 FORM OF ACKNOWLEDGMENT OF COLLATERAL ASSIGNMENT [Contractor] acknowledges and agrees that the Borrower has collaterally assigned all of its right, title and interest in and to this [Contract] to Deutsche Bank National Trust company, or its successors or assigns (the “Collateral Agent”), as collateral agent pursuant to a certain Security Agreement, dated as of February 1, 2020 (as may be amended, amended and restated, supplemented or otherwise modified from time to time, the “Security Agreement”), between the Borrower and the Collateral Agent. [Contractor] shall, upon giving Borrower notice of any Borrower default hereunder, at the same time give a copy of such notice to the Collateral Agent, and no notice to the Borrower of any Borrower default hereunder shall be deemed to be duly given unless and until a copy thereof shall have been so given to the Collateral Agent. The Collateral Agent, or its designee, may (but shall not be obligated to) cure any such Borrower default within thirty (30) days after the date of such notice; or, if such Borrower default cannot reasonably be cured by the Collateral Agent within such 30-day period, within such longer period of time not to exceed ninety (90) days as is reasonably necessary to effect such cure (“Cure Period”), provided that Collateral Agent (a) notifies [Contactor] of its intent to cure such Borrower default and commences action to cure such Borrower default within such initial 30-day period and (b) thereafter proceeds to cure such Borrower default with reasonable diligence. In that event, [Contractor] shall accept such performance as if the same were done by the Borrower. This [Contract] shall not be terminated by [Contractor] during any period in which the Collateral Agent is entitled to attempt, and is attempting, to cure a default, in each case, during the Cure Period. Should the Collateral Agent or its designee succeed to Xxxxxxxx’s rights hereunder, [Contractor] will thereafter tender performance of this [Contract] to the Collateral Agent or its designee, in which event, the Collateral Agent or such designee shall assume all of the obligations of the Borrower under this [Contract] arising from and after the date the Collateral Agent or its designee succeeds to the Borrower’s rights hereu...
Directors Officers Liability. The Company shall maintain a policy or policies of directors’ and officers’ liability insurance (“D&O Insurance”) on terms and conditions reasonably acceptable to the Company and the Holders who in the aggregate hold more than sixty percent (60%) of the Common Stock then issued or issuable upon conversion of the Shares. The Company shall keep such D&O Insurance in place so long as any of the Major Investors’ designees serve on the Board. In addition, the Company’s Certificate of Incorporation and Bylaws shall provide for (a) elimination of the liability of directors to the maximum extent permitted by law and (b) indemnification of directors for acts on behalf of the Company to the maximum extent permitted by law.
Directors Officers Liability. Borrower shall procure insurance with a limit of $10,000,000 for D&O management liability wrongful acts. ATTACHMENT C EXISTING INDEBTEDNESS None. C-1 ATTACHMENT D MORTGAGE SCHEDULE 6.25 MATERIAL PROJECT CONTRACTS [Redacted] SCHEDULE 6.28
Directors Officers Liability. The Company has and shall maintain, from financially sound and reputable insurers, Directors and Officers liability insurance in an amount not less than $3,000,000, unless otherwise approved by the Investors.
Directors Officers Liability. The Company shall maintain a policy or policies of directors’ and officers’ liability insurance in an amount and on terms and conditions reasonably acceptable to the Board of Directors.
Directors Officers Liability. L. All liability of xxe Company arising by contract, operation of law, or otherwise, from its participation or membership, whether voluntary or involuntary, in any insolvency fund. "Insolvency fund" includes any guaranty fund, insolvency fund, plan, pool, association, fund, or other arrangement, howsoever denominated, established, or governed, that provides for any assessment of or payment or assumption by the Company of part or all of any claim, debt, charge, fee, or other obligation of an insurer, or its successors or assigns, which has been declared by any competent authority to be insolvent, or which is otherwise deemed unable to meet any claim, debt, charge, fee, or other obligation in whole or in part.
