Common use of Insurance; Certain Proceeds Clause in Contracts

Insurance; Certain Proceeds. (a) Each of the Credit Parties will at all times maintain in full force and effect insurance (including domestic worker's compensation insurance, liability insurance, casualty insurance and business interruption insurance) in such amounts, covering such risks and liabilities and with such deductibles or self-insurance retentions as are in accordance with normal industry practice (or as are otherwise required by the Collateral Documents). The Agent shall be named as loss payee or mortgagee, as its interest may appear, with respect to all such property policies and an additional insured with respect to the commercial general liability policy, and each provider of any such insurance shall agree, by endorsement upon the policy or policies issued by it or by independent instruments furnished to the Agent, that if the insurance carrier shall have received written notice from the Agent of the occurrence of an Event of Default, the insurance carrier shall pay all proceeds otherwise payable to the Credit Parties under such policies directly to the Agent (which agreement shall be evidenced by a "standard" or "New York" lender's loss payable endorsement in the name of the Agent on Accord Form 27) and that it will give the Agent thirty (30) days' prior written notice before any such policy or policies shall be altered or canceled, and that no act or default of any Credit Party or any other Person shall affect the rights of the Agent or the Lenders under such policy or policies.

Appears in 3 contracts

Samples: Credit Agreement (Kendle International Inc), Credit Agreement (Kendle International Inc), Credit Agreement (Kendle International Inc)

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Insurance; Certain Proceeds. (a) Each of the Credit Parties will at all times maintain in full force and effect insurance (including domestic worker's compensation insurance, liability insurance, casualty insurance and business interruption insurance) in such amounts, covering such risks and liabilities and with such deductibles or self-insurance retentions as are in accordance with normal industry practice (or as are otherwise required by the Collateral Documents). The Agent shall be named as loss payee or mortgagee, as its interest may appear, with respect to all such property and casualty policies and an additional insured with respect to the commercial general liability policyall such other policies (other than workers' compensation and employee health policies), and each provider of any such insurance shall agree, by endorsement upon the policy or policies issued by it or by independent instruments furnished to the Agent, that if the insurance carrier shall have received written notice from the Agent of the occurrence of an Event of Default, the insurance carrier shall pay all proceeds otherwise payable to the Credit Parties under such policies directly to the Agent (which agreement shall be evidenced by a "standard" or "New York" lender's loss payable endorsement in the name of the Agent on Accord Form 27) and that it will give the Agent thirty (30) days' prior written notice before any such policy or policies shall be altered or canceled, and that no act or default of any Credit Party or any other Person shall affect the rights of the Agent or the Lenders under such policy or policies.

Appears in 2 contracts

Samples: Credit Agreement (Kendle International Inc), Credit Agreement (Kendle International Inc)

Insurance; Certain Proceeds. (a) Each of the Credit Consolidated Parties will at all times maintain in full force and effect insurance (including domestic worker's compensation insurance, liability insurance, casualty insurance and business interruption insurance) in such amounts, covering such risks and liabilities and with such deductibles or self-insurance retentions as are in accordance with normal industry practice (or as are otherwise required by the Collateral Documents). The Administrative Agent shall be named as loss payee or mortgagee, as its interest may appear, with respect to all such property policies and an casualty policy and additional insured with respect to the commercial general liability policyall such other policies (other than workers' compensation and employee health policies), and each provider of any such insurance shall agree, by endorsement upon the policy or policies issued by it or by independent instruments furnished to the Administrative Agent, that if the insurance carrier shall have received written notice from the Administrative Agent of the occurrence of an Event of Default, the insurance carrier shall pay all proceeds otherwise payable to the Credit Consolidated Parties under such policies directly to the Administrative Agent (which agreement shall be evidenced by a "standard" or "New York" lender's loss payable endorsement in the name of the Administrative Agent on Accord Form 27) and that it will give the Administrative Agent thirty (30) days' prior written notice before any such policy or policies shall be altered or canceled, and that no act or default of any Credit Consolidated Party or any other Person shall affect the rights of the Administrative Agent or the Lenders under such policy or policies.

Appears in 2 contracts

Samples: Guarantee Agreement (Isg Resources Inc), Credit Agreement (Flo Fill Co Inc)

Insurance; Certain Proceeds. (a) Each Except as set forth on ---------------------------------------- Schedule 5.32, each of the Credit Consolidated Parties will at all times maintain in ------------- full force and effect insurance (including domestic worker's compensation insurance, liability insurance, casualty insurance and business interruption insurance) in such amounts, covering such risks risk and liabilities and with such deductibles or self-insurance retentions as are in accordance with normal industry practice (or as are otherwise required by the Collateral Documents). The Collateral Agent shall be named as loss payee or mortgagee, as its interest may appear, with respect to all such property and casualty policies and an additional insured with respect to the commercial general liability policyall such other policies (other than workers' compensation and employee health policies and marine insurance policies), and each provider of any such insurance shall agree, by endorsement upon the policy or policies issued by it or by independent instruments furnished to the Collateral Agent, that if the insurance carrier shall have received written notice from the Collateral Agent of the occurrence of an Event of Default, the insurance carrier shall pay all proceeds otherwise payable to the Credit Consolidated Parties under such policies directly to the Collateral Agent (which agreement shall be evidenced by a "standard" or "New York" lender's loss payable endorsement in the name of the Collateral Agent on Accord Form 2727 or other customary form) and that it will give the Collateral Agent thirty (30) twenty days' prior written notice before any such policy or policies shall be altered or canceled, and and, other than with respect to the marine policies, that no act or default of any Credit Consolidated Party or any other Person shall affect the rights of the Agent Collateral Agent, or the Lenders under such policy or policies.

Appears in 1 contract

Samples: Credit Agreement (American Seafoods Inc)

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Insurance; Certain Proceeds. (a) Each of the Credit Consolidated Parties --------------------------- will at all times maintain in full force and effect insurance (including domestic worker's compensation insurance, liability insurance, casualty insurance and business interruption insurance) in such amounts, covering such risks and liabilities and with such deductibles or self-insurance retentions as are in accordance with normal industry practice (or as are otherwise required by the Collateral Documents). The Agent shall be named as loss payee or mortgagee, as its interest may appear, with respect to all such property policies and an casualty policy and additional insured with respect to the commercial general liability policyall such other policies (other than workers' compensation and employee health policies), and each provider of any such insurance shall agree, by endorsement upon the policy or policies issued by it or by independent instruments furnished to the Agent, that if the insurance carrier shall have received written notice from the Agent of the occurrence of an Event of Default, the insurance carrier shall pay all proceeds otherwise payable to the Credit Consolidated Parties under such policies directly to the Agent (which agreement shall be evidenced by a "standard" or "New York" lender's loss payable endorsement in the name of the Agent on Accord Form 27) and that it will give the Agent thirty (30) days' prior written notice before any such policy or policies shall be altered or canceled, and that no act or default of any Credit Consolidated Party or any other Person shall affect the rights of the Agent or the Lenders under such policy or policies.

Appears in 1 contract

Samples: Credit Agreement (PSS World Medical Inc)

Insurance; Certain Proceeds. (a) (i) Each of the Credit Consolidated Parties will at all times maintain in full force and effect insurance (including domestic worker's compensation insurance, liability insurance, casualty insurance and business interruption insurance) in such amounts, covering such risks and liabilities and with such deductibles or self-insurance retentions as are in accordance with normal industry practice (or as are otherwise required by the Collateral Documents). The , it being agreed and understood that the insurance maintained by each Consolidated Party as of the Closing Date is sufficient for purposes of this Section 6.06(a)(i); provided that there is no material change in (A) the business of any Consolidated Party as conducted on the Closing Date, (B) the normal insurance industry standards applicable to each Consolidated Party or (C) the regulatory requirements applicable to any Consolidated Party; (ii) the Administrative Agent shall be named as loss payee or mortgagee, as its interest may appear, with respect to all such property policies and an casualty policy and additional insured with respect to the commercial general liability policyall such other policies (other than workers' compensation and employee health policies), and each provider of any such insurance shall agree, by endorsement upon the policy or policies issued by it or by independent instruments furnished to the Administrative Agent, that if the insurance carrier shall have received written notice from the Administrative Agent of the occurrence of an Event of Default, the insurance carrier shall pay all proceeds otherwise payable to the Credit Consolidated Parties under such policies directly to the Administrative Agent (which agreement shall be evidenced by a "standard" or "New York" lenderLender's loss payable endorsement in the name of the Administrative Agent on Accord Xxxxx Form 2727 or a similar form) and that it will give the Administrative Agent thirty (30) days' prior written notice before any such policy or policies shall be altered or canceled, and that no act or default of any Credit Consolidated Party or any other Person shall affect the rights of the Administrative Agent or the Lenders under such policy or policies.

Appears in 1 contract

Samples: Credit Agreement (Compbenefits Corp)

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