General Requirements Applicable to Insurance. (a) Each insurance policy obtained in satisfaction of the requirements of Section 4.2 hereof: (i) shall be by such insurer (or insurers) as shall be financially responsible, qualified to do business in the State, and of recognized standing; (ii) shall be in such form and have such provisions (including, without limitation, the loss payable clause, the waiver of subrogation clause, if any, the deductible amount, if any, and the standard mortgagee endorsement clause), as are generally considered standard provisions for the type of insurance involved and are acceptable in all respects to the Bank; (iii) shall prohibit cancellation or substantial modification, termination or lapse in coverage by the insurer without at least 30 days prior written notice to the Bank; and (iv) shall provide that losses thereunder, prior to the occurrence of an Event of Default (or event which, with notice or lapse of time or both would constitute an Event of Default) hereunder shall be adjusted with the insurer by the Borrower at its expense on behalf of the insured parties and the decision of the Borrower as to any adjustment shall be final and conclusive; and (b) Prior to expiration of any such policy, the Borrower shall furnish the Bank with evidence satisfactory to the Bank that the policy or certificate has been renewed or replaced or is no longer required by this Agreement.
Appears in 1 contract
Samples: Letter of Credit and Reimbursement Agreement (Dollar Tree Stores Inc)
General Requirements Applicable to Insurance. (a) Each insurance policy obtained in satisfaction of the requirements of Section 4.2 6.3 hereof:
(i) shall be by such insurer (or insurers) as shall be financially responsible, qualified to do business in the State, State and of recognized standing;
(ii) shall be in such form and have such provisions (including, without limitation, the lenders long-form loss payable clause, the waiver of subrogation clause, if any, the deductible amount, if any, and the standard mortgagee endorsement clause), as are generally considered standard provisions for the type of insurance involved and are acceptable in all respects to the BankTrustee;
(iii) shall prohibit cancellation or substantial modification, termination or lapse in coverage by the insurer without at least 30 days days' prior written notice to the Bank; andIssuer and the Trustee;
(iv) shall provide that losses thereunder, prior to the occurrence of an Event of Default (or event which, with notice or lapse of time or both would constitute an Event of Default) hereunder thereunder shall be adjusted with the insurer by the Borrower at its expense on behalf of the insured parties and the decision of the Borrower as to any adjustment shall be final and conclusive; and
(v) without limiting the generality of the foregoing, all insurance policies carried on the Plant shall name the Borrower, the Issuer and the Trustee as parties insured thereunder as the respective interests of each may appear, and any loss thereunder shall be made payable and shall be applied as provided in Section 6.8 hereof.
(b) Prior to expiration of any such policy, the Borrower shall furnish the Bank Trustee with evidence satisfactory to the Bank Trustee that the policy or certificate has been renewed or replaced in compliance with this Loan Agreement or is no longer required by this Loan Agreement.
Appears in 1 contract
General Requirements Applicable to Insurance. (a) Each insurance policy obtained in satisfaction of the requirements of Section 4.2 4.3 hereof:
(i) shall be by such insurer (or insurers) as shall be financially responsible, qualified to do business in the State, and of recognized standing;
(ii) shall be in such form and have such provisions (including, without limitation, the loss payable clause, the waiver of subrogation clause, if any, the deductible amount, if any, and the standard mortgagee endorsement clause), as are generally considered standard provisions for the type of insurance involved and are acceptable in all respects to the Bank;
(iii) shall prohibit cancellation or substantial modification, termination or lapse in coverage by the insurer without at least 30 days prior written notice to the Bank; and;
(iv) shall provide that losses thereunder, prior to the occurrence of an Event of Default (or event which, with notice or lapse of time or both would constitute an Event of Default) hereunder shall be adjusted with the insurer by the Borrower at its expense on behalf of the insured parties and the decision of the Borrower as to any adjustment shall be final and conclusive; and
(v) without limiting the generality of the foregoing, all insurance policies carried on the Collateral shall name the Bank and the Borrower as loss payee and a party insured thereunder, as their interests may appear, and any loss thereunder shall be made payable and shall be applied as provided in Section 4.8 hereof).
(b) Prior to expiration of any such policy, the Borrower shall furnish the Bank with evidence satisfactory to the Bank that the policy or certificate has been renewed or replaced or is no longer required by this Agreement.
Appears in 1 contract
Samples: Letter of Credit and Reimbursement Agreement (Medical Action Industries Inc)
General Requirements Applicable to Insurance. (a1) Each insurance policy obtained in satisfaction of the requirements of Section 4.2 6.4 hereof:
(i1) shall be by such insurer (or insurers) as shall be financially responsible, qualified to do business in the State, and of recognized standing;
(ii2) shall be in such form and have such provisions (including, without limitation, the lenders' long-form loss payable clause, the waiver of subrogation clause, if any, the deductible amount, if any, and the standard mortgagee endorsement clause), as are generally considered standard provisions for the type of insurance involved and are acceptable in all respects to the BankBondholder;
(iii3) shall prohibit cancellation or substantial modification, termination or lapse in coverage by the insurer without at least 30 days days' prior written notice to the Bank; andTrustee;
(iv4) shall provide that losses thereunder, prior to the occurrence of an Event of Default (or event which, with notice or lapse of time or both would constitute an Event of Default) hereunder thereunder shall be adjusted with the insurer by the Borrower at its expense on behalf of the insured parties and the decision of the Borrower as to any adjustment shall be final and conclusive; and
(b5) without limiting the generality of the foregoing, all insurance policies carried on the New Facility shall name the Borrower, the Issuer and the Trustee as parties insured thereunder as the respective interests of each of such parties may appear, and any loss thereunder shall be made payable and shall be applied as provided in Section 6.9 hereof.
(2) Prior to expiration of any such policy, the Borrower shall shall, at the request of the Trustee or the Bondholder, furnish the Bank Trustee and the Bondholder with evidence satisfactory to the Bank Trustee and the Bondholder that the policy or certificate has been renewed or replaced or is no longer required by this Loan Agreement.
Appears in 1 contract
Samples: Loan Agreement (Elxsi Corp /De//)
General Requirements Applicable to Insurance. (a) Each insurance policy obtained in satisfaction of the requirements of Section 4.2 6.3 hereof:
(i) shall be by such insurer (or insurers) as shall be financially responsible, qualified to do business in the State, State and of recognized standing;
(ii) shall be in such form and have such provisions (including, without limitation, the lenders long-form loss payable clause, the waiver of subrogation clause, if any, the deductible amount, if any, and the standard mortgagee endorsement clause), as are generally considered standard provisions for the type of insurance involved and are acceptable in all respects to the BankTrustee;
(iii) shall prohibit cancellation or substantial modification, termination or lapse in coverage by the insurer without at least 30 days days' prior written notice to the Bank; andIssuer and the Trustee;
(iv) shall provide that losses thereunder, prior to the occurrence of an Event of Default (or event which, with notice or lapse of time or both would constitute an Event of Default) hereunder thereunder shall be adjusted with the insurer by the Borrower at its expense on behalf of the insured parties and the decision of the Borrower as to any adjustment shall be final and conclusive; and
(v) without limiting the generality of the foregoing, all insurance policies carried on the Plant shall name the Borrower, the Issuer and the Trustee as parties insured thereunder as the respective interests of each may appear, and any loss thereunder shall be made payable and shall be applied as provided in Section 6.8 hereof.
(b) Prior to expiration of any such policy, the Borrower shall furnish the Bank Issuer and the Trustee with evidence satisfactory to the Bank Trustee that the policy or certificate has been renewed or replaced in compliance with this Loan Agreement or is no longer required by this Loan Agreement.
Appears in 1 contract
General Requirements Applicable to Insurance. (a) Each insurance policy obtained in satisfaction of the requirements of Section 4.2 hereof:
(i) shall be by such insurer (or insurers) as shall be financially responsible, qualified to do business in the State, and of recognized standing;
(ii) shall be in such form and have such provisions (including, without limitation, the loss payable clause, the waiver of subrogation clause, if any, the deductible amount, if any, and the standard mortgagee endorsement clause), as are generally considered standard provisions for the type of insurance involved and are acceptable in all respects to the Bank;
(iii) shall prohibit cancellation or substantial modification, termination or lapse in coverage by the insurer without at least 30 days days' prior written notice to the Bank; and;
(iv) shall provide that losses thereunder, prior to the occurrence of an Event of Default (or event which, with notice or lapse of time or both both, would constitute an Event of Default) hereunder shall be adjusted with the insurer by the Borrower at its expense on behalf of the insured parties and the decision of the Borrower as to any adjustment shall be final and conclusive; and
(v) without limiting the generality of the foregoing, all insurance policies carried on the Collateral shall name the Bank as mortgagee, loss payee and a party insured thereunder and any loss thereunder shall be made payable and shall be applied as provided in Section 4.7 hereof.
(b) Prior to expiration of any such policy, the Borrower shall furnish the Bank with evidence satisfactory to the Bank that the policy or certificate has been renewed or replaced or is no longer required by this Agreement.
Appears in 1 contract
Samples: Letter of Credit and Reimbursement Agreement (Performance Food Group Co)
General Requirements Applicable to Insurance. (a) Each insurance policy obtained in satisfaction of the requirements of Section 4.2 4.3 hereof:
(i) shall be by such insurer (or insurers) as shall be financially responsible, qualified to do business in the State, and of recognized standing;
(ii) shall be in such form and have such provisions (including, without limitation, the loss payable clause, the waiver of subrogation clause, if any, the deductible amount, if any, and the standard mortgagee endorsement clause), as are generally considered standard provisions for the type of insurance involved and are acceptable in all respects to the BankBank and the Issuer;
(iii) shall prohibit cancellation or substantial modification, termination or lapse in coverage by the insurer without at least 30 days prior written notice to the BankBank and the Issuer; and
(iv) shall provide that losses thereunder, prior to without limiting the occurrence of an Event of Default (or event which, with notice or lapse of time or both would constitute an Event of Default) hereunder shall be adjusted with the insurer by the Borrower at its expense on behalf generality of the insured parties foregoing, all insurance policies carried on the Collateral shall name the Bank, FUNBMD, the Hedge Counterparty, the Issuer and the decision of the Borrower as to loss payees and a parties insured thereunder, as the interests may appear, and any adjustment loss thereunder shall be final made payable and conclusive; andshall be applied as provided in Section 4.8 hereof).
(b) Prior to expiration of any such policy, the Borrower shall furnish the Bank and the Issuer with evidence satisfactory to the Bank that the policy or certificate has been renewed or replaced or is no longer required by this Agreement.
Appears in 1 contract
Samples: Letter of Credit and Reimbursement Agreement (Lunn Industries Inc /De/)
General Requirements Applicable to Insurance. (a) Each insurance policy obtained in satisfaction of the requirements of Section 4.2 6.3 hereof:
(i) shall be by such insurer (or insurers) as shall be financially responsible, qualified to do business in the State, State and of recognized standing;
(ii) shall be in such form and have such provisions (including, without limitation, the lenders long-form loss payable clause, the waiver of subrogation clause, if any, the deductible amount, if any, and the standard mortgagee endorsement clause), as are generally considered standard provisions for the type of insurance involved and are acceptable in all respects to the BankTrustee;
(iii) shall prohibit cancellation or substantial modification, termination or lapse in coverage by the insurer without at least 30 days days' prior written notice to the Bank; andIssuer, the Credit Facility Issuer and the Trustee;
(iv) shall provide that losses thereunder, prior to the occurrence of an Event of Default (or event which, with notice or lapse of time or both would constitute an Event of Default) hereunder thereunder shall be adjusted with the insurer by the Borrower at its expense on behalf of the insured parties and the decision of the Borrower as to any adjustment shall be final and conclusive; and
(v) without limiting the generality of the foregoing, all insurance policies carried on the Project shall name the Borrower, the Issuer and the Trustee as parties insured thereunder as the respective interests of each may appear, and any loss thereunder shall be made payable and shall be applied as provided in Section 6.8 hereof.
(b) Prior to expiration of any such policy, the Borrower shall furnish the Bank Trustee with evidence satisfactory to the Bank Trustee that the policy or certificate has been renewed or replaced in compliance with this Loan Agreement or is no longer required by this Loan Agreement.
Appears in 1 contract
Samples: Loan Agreement (Heico Corp)
General Requirements Applicable to Insurance. (a) Each insurance policy obtained in satisfaction of the requirements of Section 4.2 SECTION 6.3 hereof:
(i) shall be by such insurer (or insurers) as shall be financially responsible, qualified to do business in the State, State and of recognized standing;
(ii) shall be in such form and have such provisions (including, without limitation, the lenders long-form loss payable clause, the waiver of subrogation clause, if any, the deductible amount, if any, and the standard mortgagee endorsement clause), as are generally considered standard provisions for the type of insurance involved and are acceptable in all respects to the BankTrustee;
(iii) shall prohibit cancellation or substantial modification, termination or lapse in coverage by the insurer without at least 30 days days' prior written notice to the Bank; andIssuer, the Bank and the Trustee;
(iv) shall provide that losses thereunder, prior to the occurrence of an Event of Default (or event which, with notice or lapse of time or both would constitute an Event of Default) hereunder thereunder shall be adjusted with the insurer by the Borrower at its expense on behalf of the insured parties and the decision of the Borrower as to any adjustment shall be final and conclusive; and
(v) without limiting the generality of the foregoing, all insurance policies carried on the Plant shall name the Borrower, the Bank, the Issuer and the Trustee as parties insured thereunder as the respective interests of each may appear, and any loss thereunder shall be made payable and shall be applied as provided in SECTION 6.8 hereof.
(b) Prior to expiration of any such policy, the Borrower shall furnish the Bank Trustee with evidence satisfactory to the Bank Trustee that the policy or certificate has been renewed or replaced in compliance with this Loan Agreement or is no longer required by this Loan Agreement.
Appears in 1 contract
Samples: Loan Agreement (Genlyte Group Inc)