Insurance Impounds. Borrowers shall deposit with Administrative Agent, monthly on each Payment Date, a sum of money (the “Insurance Impound”) equal to one-twelfth (l/12th) of the annual charges for the Insurance Premiums. Deposits shall be made on the basis of Administrative Agent’s estimate from time to time of the Insurance Premiums for the current year. All funds so deposited shall be held without interest in Administrative Agent’s name and shall not be deemed to be held in trust for the benefit of Borrowers. All funds so deposited may be commingled with the general funds of Administrative Agent. Borrowers hereby grant to Administrative Agent (for its benefit and the benefit of the Lenders) a security interest in all funds so deposited with Administrative Agent for the purpose of securing the Loan. Until an Event of Default exists, Administrative Agent shall apply the funds deposited to pay Insurance Premiums as provided herein. While an Event of Default exists, the funds deposited may be applied in payment of the Insurance Premiums for which such funds have been deposited, or to the payment of the Loan or any other charges affecting the security of Administrative Agent, as Administrative Agent may elect, but no such application shall be deemed to have been made by operation of law or otherwise until actually made by Administrative Agent. Borrowers shall furnish Administrative Agent with bills for the Insurance Premiums for which such deposits are required at least thirty (30) days prior to the date on which the Insurance Premiums first become payable. If at any time the amount on deposit with Administrative Agent, together with amounts to be deposited by Borrowers before such Insurance Premiums are payable, is insufficient to pay such Insurance Premiums, Borrowers shall deposit any deficiency with Administrative Agent immediately upon demand. Administrative Agent shall pay such Insurance Premiums on or before the due date therefore; provided that the amount on deposit with Administrative Agent is sufficient to pay such Insurance Premiums and Administrative Agent has received a bill for such Insurance Premiums. On the Maturity Date, the monies then remaining on deposit with Administrative Agent under this Section 3.4 shall, at Administrative Agent’s option, be applied against the Indebtedness or if no Event of Default exists hereunder, returned to Borrowers. Notwithstanding anything to the contrary contained in this Agreement, the Insurance Impound shall be waived so long as (i) no Event of Default has occurred, (ii) Borrowers are not required to deposit Excess Cash Flow into the Project Yield Fund, and (iii) Borrowers provide to Administrative Agent, at least ten (10) days prior to the date any delinquency or penalty becomes due with respect to Insurance Premiums, evidence reasonably acceptable to Administrative Agent that the Insurance Premiums which have become due have been paid in full. Administrative Agent shall waive the Insurance Impound requirement in the case of the foregoing clauses (i) and (ii) to the extent that Borrowers promptly provide all evidence reasonably requested by Administrative Agent to confirm that the CONA – Healthcare Trust, Inc. 92119388.8 Tenants have paid (and continue to pay) insurance current as required under the terms of their Leases.
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Insurance Impounds. Borrowers shall deposit (or shall cause Master Tenant to deposit) with Administrative Agent, monthly on each Payment Date, a sum of money (the “Insurance Impound”) equal to one-one twelfth (l/12th1/12th) of the annual charges for insurance premiums relating to the Insurance Premiumsinsurance coverages required by this Agreement. At or before the initial advance of the Loan, Borrowers shall deposit with Agent a sum of money which together with the monthly installments will be sufficient to make each of such payments thirty (30) days prior to the date any delinquency or penalty becomes due with respect to such payments. Deposits shall be made on the basis of Administrative Agent’s estimate from time to time of the Insurance Premiums charges for the current year. All funds so deposited shall be held without interest in Administrative by Agent’s name . These sums may be commingled with the general funds of Agent, and shall not be deemed to be held in trust for the benefit of Borrowers. So long as no Potential Default or Event of Default exists hereunder, Agent shall credit for Borrowers’ account interest on such funds held by Agent from time to time at the money market account rate announced from time to time by the Northern Trust Company or any other national banking association selected by Agent in its sole discretion (the “Money Market Rate”). All interest paid on such funds so deposited may shall be commingled deemed to be a part of the Insurance Impound and shall be applied in accordance with the general funds of Administrative Agentthis Section 3.4. Borrowers hereby grant to Administrative Agent (for its benefit and the benefit of the Lenders) Lender and Agent a security interest in all funds so deposited with Administrative Agent for the purpose of securing the Loan. Until an Event of Default exists, Administrative Agent shall apply the funds deposited to pay Insurance Premiums as provided herein. While an Event of Default exists, the funds deposited may be applied in payment of the Insurance Premiums charges for which such funds have been deposited, or to the payment of the Loan or any other charges affecting the security of Administrative Agent, as Administrative Agent may elect, but no such application shall be deemed to have been made by operation of law or otherwise until actually made by Administrative Agent. Borrowers shall furnish Administrative Agent with bills for the Insurance Premiums charges for which such deposits are required at least thirty (30) days prior to the date on which the Insurance Premiums charges first become payable. If at any time the amount on deposit with Administrative Agent, together with amounts to be deposited by Borrowers before such Insurance Premiums charges are payable, is insufficient to pay such Insurance Premiumscharges, Borrowers shall deposit any deficiency with Administrative Agent immediately upon demand. Administrative Agent shall pay such Insurance Premiums on or before the due date therefore; provided that charges when the amount on deposit with Administrative Agent is sufficient to pay such Insurance Premiums charges and Administrative Agent has received a bill xxxx for such Insurance Premiums. On the Maturity Date, the monies then remaining on deposit with Administrative Agent under this Section 3.4 shall, at Administrative Agent’s option, be applied against the Indebtedness or if no Event of Default exists hereunder, returned to Borrowers. Notwithstanding anything to the contrary contained in this Agreement, the Insurance Impound shall be waived so long as (i) no Event of Default has occurred, (ii) Borrowers are not required to deposit Excess Cash Flow into the Project Yield Fund, and (iii) Borrowers provide to Administrative Agent, at least ten (10) days prior to the date any delinquency or penalty becomes due with respect to Insurance Premiums, evidence reasonably acceptable to Administrative Agent that the Insurance Premiums which have become due have been paid in full. Administrative Agent shall waive the Insurance Impound requirement in the case of the foregoing clauses (i) and (ii) to the extent that Borrowers promptly provide all evidence reasonably requested by Administrative Agent to confirm that the CONA – Healthcare Trust, Inc. 92119388.8 Tenants have paid (and continue to pay) insurance current as required under the terms of their Leasescharges.
Appears in 1 contract
Samples: Loan Agreement (Cornerstone Healthcare Plus Reit, Inc.)
Insurance Impounds. Borrowers shall deposit with Administrative Agent, monthly on each Payment Datemonthly, a sum of money (the “Insurance Impound”"INSURANCE IMPOUND") equal to one-twelfth (l/12th1/12th) of the annual charges for insurance premiums relating to the Insurance Premiumsinsurance coverages required by this Agreement. At or before the initial advance of the Loan, Borrowers shall deposit with Agent a sum of money which together with the monthly installments will be sufficient to make each of such payments thirty (30) days prior to the date any delinquency or penalty becomes due with respect to such payments and maintain a reserve equal to approximately one-twelfth (1/12th) of the annual charges in Agent's sole but reasonable estimation. Deposits shall be made on the basis of Administrative Agent’s 's estimate from time to time of the Insurance Premiums charges for the current year. All funds so deposited shall be held without interest in Administrative by Agent’s name . These sums may be commingled with the general funds of Agent, and shall not be deemed to be held in trust for the benefit of Borrowers. So long as no Event of Default exists hereunder, Agent shall credit for Borrowers' account interest on such funds held by Agent from time to time at the money market account rate announced from time to time by the Northern Trust Company or any other national banking association selected by Agent in its sole discretion (the "MONEY MARKET RATE"). All interest paid on such funds so deposited may shall be commingled deemed to be a part of the Insurance Impound and shall be applied in accordance with the general funds of Administrative Agentthis Section 3.4. Borrowers hereby grant to Administrative Agent (for its benefit and the benefit of the Lenders) Lender and Agent a security interest in all funds so deposited with Administrative Agent for the purpose of securing the Loan. Until an Event of Default exists, Administrative Agent shall apply the funds deposited to pay Insurance Premiums as provided herein. While an Event of Default exists, the funds deposited may be applied in payment of the Insurance Premiums charges for which such funds have been deposited, or to the payment of the Loan or any other charges affecting the security of Administrative Agent, as Administrative Agent may elect, but no such application shall be deemed to have been made by operation of law or otherwise until actually made by Administrative Agent. Borrowers shall furnish Administrative Agent with bills for the Insurance Premiums charges for which such deposits are required at least thirty (30) days prior to the date on which the Insurance Premiums charges first become payable. If at any time the amount on deposit with Administrative Agent, together with amounts to be deposited by Borrowers before such Insurance Premiums charges are payable, is insufficient to pay such Insurance Premiumscharges and maintain a reserve equal to approximately one-twelfth (1/12th) of the annual charges in Agent's sole but reasonable estimation, Borrowers shall deposit any deficiency with Administrative Agent immediately upon demand. Administrative Agent shall pay such Insurance Premiums on or before the due date therefore; provided that charges when the amount on deposit with Administrative Agent is sufficient to pay such Insurance Premiums charges and Administrative maintain such reserve and Agent has received a bill xxxx for such Insurance Premiums. On the Maturity Date, the monies then remaining on deposit with Administrative Agent under this Section 3.4 shall, at Administrative Agent’s option, be applied against the Indebtedness or if no Event of Default exists hereunder, returned to Borrowerscharges. Notwithstanding anything contained in Section 3.1 to the contrary contained in this Agreementcontrary, so long as the Insurance Impound shall be waived so long contains sufficient funds to pay the insurance premiums as (i) no Event of Default has occurred, (ii) Borrowers are not required to deposit Excess Cash Flow into the Project Yield Fund, and (iii) Borrowers provide to Administrative Agent, at least ten (10) days prior to the date any delinquency or penalty becomes due with respect to Insurance Premiums, evidence reasonably acceptable to Administrative Agent that the Insurance Premiums which have they become due have been paid in full. Administrative Agent shall waive and payable and absent a default hereunder or under any of the other Loan Documents, Agent's failure to pay such insurance premiums from the Insurance Impound requirement in the case of the foregoing clauses (ior to disburse such funds to Borrowers to pay insurance premiums) and (ii) to the extent that Borrowers promptly provide all evidence reasonably requested shall not by Administrative Agent to confirm that the CONA – Healthcare Trust, Inc. 92119388.8 Tenants have paid (and continue to pay) insurance current as required itself constitute a default under the terms of their Leasesthis Agreement.
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Insurance Impounds. The Borrowers shall deposit have previously, or have caused Operating Tenants to, deposited with Administrative Agent, monthly on each Payment Date, a sum of money (the “Insurance Impound”) equal to one-twelfth sixth (l/12th1/6th) of the annual charges for Insurance Premiums relating to the Insurance Premiumsinsurance coverages for the Projects required by this Agreement. Deposits shall be made on the basis of Administrative Agent’s estimate from time to time of the Insurance Premiums charges for the current year. All funds so deposited shall be held without interest in Administrative by Agent’s name . These sums may be commingled with the general funds of Agent, and shall not be deemed to be held in trust for the benefit of Borrowers. All funds so deposited may be commingled with the general funds of Administrative Agent. Borrowers hereby grant to Administrative Agent (for its benefit and the benefit of the Lenders) Lender and Agent a security interest in all funds so deposited with Administrative Agent for the purpose of securing the Loan. Until an Event of Default exists, Administrative Agent shall apply the funds deposited to pay Insurance Premiums as provided hereinLoans. While an Event of Default exists, the funds deposited may be applied in payment of the Insurance Premiums charges for which such funds have been deposited, or to the payment of the Loan Loans or any other charges affecting the security of Administrative Agent, as Administrative Agent may elect, but no such application shall be deemed to have been made by operation of law or otherwise until actually made by Administrative Agent. Borrowers shall furnish Administrative Agent with bills for the Insurance Premiums for which such deposits are required at least thirty (30) days prior to the date on which the Insurance Premiums first become payable. If at any time the amount on deposit in the Insurance Impound with Administrative Agent, together with amounts to be deposited by Borrowers before such Insurance Premiums are payable, Agent is insufficient to pay such maintain a reserve equal to approximately 1/6 of the annual charges for Insurance PremiumsPremiums relating to the insurance coverages for the Projects in Agent’s sole but reasonable estimation, Borrowers shall, or shall cause Operating Tenants to, deposit any deficiency with Administrative Agent immediately promptly upon demand. Administrative Agent shall pay such Insurance Premiums on or before the due date therefore; provided that the amount on deposit with Administrative Agent is sufficient to pay such Insurance Premiums and Administrative Agent has received a bill for such Insurance Premiums. On the Maturity Date, the monies then remaining on deposit with Administrative Agent under this Section 3.4 attributable to the then maturing Loan, as applicable, shall, at Administrative Agent’s option, be applied against the Indebtedness Obligations or if no Event of Potential Default exists hereunderis continuing, returned to Borrowersapplicable Borrowers (or Operating Tenants, as applicable). Notwithstanding anything the provisions of this Section 3.4, to the contrary contained extent the Master Lease requires the Operating Tenants to escrow for Insurance Premiums in the manner consistent with this Agreement, and Operating Tenants deposit with Agent the amounts required under this Section 3.4 to fund the Insurance Impound shall be waived so long as (i) no Event Impound, Agent will waive the requirement of Default has occurred, (ii) Borrowers are not required Borrower to deposit Excess Cash Flow into the Project Yield Fund, and (iii) Borrowers provide to Administrative Agent, at least ten (10) days prior to the date any delinquency or penalty becomes due with respect to Insurance Premiums, evidence reasonably acceptable to Administrative Agent that fund the Insurance Premiums which have become due have been paid in full. Administrative Agent shall waive the Insurance Impound requirement in the case of the foregoing clauses (i) and (ii) to the extent that Borrowers promptly provide all evidence reasonably requested by Administrative Agent to confirm that the CONA – Healthcare Trust, Inc. 92119388.8 Tenants have paid (and continue to pay) insurance current as required under the terms of their LeasesImpound.
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Insurance Impounds. Borrowers Borrower shall deposit with Administrative Agent, monthly on each Payment Datemonthly, a sum of money (the “Insurance Impound”) equal to one-twelfth (l/12th1/12th) of the annual charges for insurance premiums relating to the insurance coverages required by this Agreement. As of the Effective Date, the balance currently held by Agent with respect to the Insurance PremiumsImpound is $0. On or before the Effective Date, Borrower shall deposit with Agent a sum of money that together with the monthly installments will be sufficient to make each of such payments thirty (30) days prior to the date any delinquency or penalty becomes due with respect to such payments and maintain a reserve equal to approximately 1/12 of the annual charges in Agent’s sole but reasonable estimation. Deposits shall be made on the basis of Administrative Agent’s estimate from time to time of the Insurance Premiums charges for the current year. All funds so deposited shall be held without interest in Administrative by Agent’s name . These sums may be commingled with the general funds of Agent, and shall not be deemed to be held in trust for the benefit of BorrowersBorrower. So long as no Event of Default exists hereunder, Agent shall credit for Borrower’s account interest on such funds held by Agent from time to time at the money market account rate announced from time to time by the Northern Trust Company or any other national banking association selected by Agent in its sole discretion (the “Money Market Rate”). All interest paid on such funds so deposited may shall be commingled deemed to be a part of the Insurance Impound and shall be applied in accordance with the general funds of Administrative Agentthis Section 5.13. Borrowers Borrower hereby grant grants to Administrative Agent (for its benefit and the benefit of the Lenders) Lender and Agent a security interest in all funds so deposited with Administrative Agent for the purpose of securing the Loan. Until an Event of Default exists, Administrative Agent shall apply the funds deposited to pay Insurance Premiums as provided herein. While an Event of Default exists, the funds deposited may be applied in payment of the Insurance Premiums charges for which such funds have been deposited, or to the payment of the Loan or any other charges affecting the security of Administrative Agent, as Administrative Agent may elect, but no such application shall be deemed to have been made by operation of law or otherwise until actually made by Administrative Agent. Borrowers Borrower shall furnish Administrative Agent with bills for the Insurance Premiums charges for which such deposits are required at least thirty (30) days prior to the date on which the Insurance Premiums charges first become payable. If at any time the amount on deposit with Administrative Agent, together with amounts to be deposited by Borrowers Borrower before such Insurance Premiums charges are payable, is insufficient to pay such Insurance Premiumscharges and maintain a reserve equal to approximately 1/12 of the annual charges in Agent’s sole but reasonable estimation, Borrowers Borrower shall deposit any deficiency with Administrative Agent immediately upon demand. Administrative Agent shall pay such Insurance Premiums on or before the due date therefore; provided that charges when the amount on deposit with Administrative Agent is sufficient to pay such Insurance Premiums charges and Administrative maintain such reserve and Agent has received a bill xxxx for such Insurance Premiums. On the Maturity Date, the monies then remaining on deposit with Administrative Agent under this Section 3.4 shall, at Administrative Agent’s option, be applied against the Indebtedness or if no Event of Default exists hereunder, returned to Borrowerscharges. Notwithstanding anything the foregoing to the contrary contained in this Agreementcontrary, the Insurance Impound shall be waived so long as (i) no Event of Default has occurred, (ii) Borrowers are not required any Master Lease requires the tenant under such Master Lease to deposit Excess Cash Flow into pay insurance premiums for the applicable Project Yield Fund, and (iii) Borrowers provide to Administrative Agent, at least ten (10) days prior directly to the date any delinquency or penalty becomes due insurance provider, this Section 5.13 shall not apply with respect to Insurance Premiumssuch Project, evidence reasonably acceptable provided that Borrower delivers to Administrative Agent Lender during each calendar quarter insurance binders reflecting that the Insurance Premiums which have become due have been paid in full. Administrative Agent shall waive the Insurance Impound requirement in the case of the foregoing clauses (i) and (ii) all insurance to the extent that Borrowers promptly provide all evidence reasonably requested by Administrative Agent to confirm that the CONA – Healthcare Trust, Inc. 92119388.8 Tenants have paid (and continue to pay) insurance current as required be maintained under the terms of their Leasesthis Agreement is valid and effective.
Appears in 1 contract
Samples: Loan Agreement (Grubb & Ellis Healthcare REIT II, Inc.)
Insurance Impounds. Borrowers Borrower shall deposit (or cause to be deposited) with Administrative Agent, monthly on each Payment Date, a sum of money (the “Insurance Impound”) equal to one-twelfth (l/12th) of the annual charges for the Insurance Premiums. At or before the initial advance of the Loan, Borrower shall deposit (or cause to be deposited) with Administrative Agent a sum of money which together with the monthly installments will be sufficient to make each of such payments thirty (30) days prior to the date any delinquency or penalty becomes due with respect to such payments. Deposits shall be made on the basis of Administrative Agent’s estimate from time to time of the Insurance Premiums for the current year. All funds so deposited shall be held without interest in by Administrative Agent’s name . These sums may be commingled with the general funds of Administrative Agent, and shall not be deemed to be held in trust for the benefit of BorrowersBorrower. All funds so deposited may be commingled with the general funds of Administrative Agent. Borrowers Borrower hereby grant grants to Administrative Agent (for its benefit and the benefit of the Lenders) a security interest in all funds so deposited with Administrative Agent for the purpose of securing the Loan. Until an Event of Default exists, Administrative Agent shall apply the funds deposited to pay Insurance Premiums as provided herein. While an Event of Default exists, the funds deposited may be applied in payment of the Insurance Premiums for which such funds have been deposited, or to the payment of the Loan or any other charges affecting the security of Administrative Agent, as Administrative Agent may elect, but no such application shall be deemed to have been made by operation of law or otherwise until actually made by Administrative Agent. Borrowers Borrower shall furnish Administrative Agent with bills for the Insurance Premiums for which such deposits are required at least thirty (30) days prior to the date on which the Insurance Premiums first become payable. If at any time the amount on deposit with Administrative Agent, together with amounts to be deposited by Borrowers Borrower or Operator before such Insurance Premiums are payable, is insufficient to pay such Insurance Premiums, Borrowers Borrower shall deposit (or cause to be deposited) any deficiency with Administrative Agent immediately upon demand. Administrative Agent shall pay such Insurance Premiums on or before the due date therefore; provided that when the amount on deposit with Administrative Agent is sufficient to pay such Insurance Premiums and Administrative Agent has received a bill for such Insurance Premiums. On the Maturity Date, the monies then remaining on deposit with Administrative Agent under this Section 3.4 shall, at Administrative Agent’s option, be applied against the Indebtedness or if no Event of Default exists hereunder, returned to BorrowersBorrower. Notwithstanding anything the foregoing, if, with respect to the contrary contained in this Agreementa Project, the Insurance Impound shall be waived so long as Premiums are paid via a premium financing arrangement to which Administrative Agent has given its written consent, then (i) no Event the amount to be escrowed with Administrative Agent at any given time in respect of Default has occurredthe Insurance Premiums payable with respect to such Project (as determined by Administrative Agent in its reasonable discretion) shall be an amount equal to three months of the allocated amounts payable under such premium finance arrangement, (ii) Borrowers are not required at Administrative Agent’s request, the applicable Borrower shall tender to deposit Excess Cash Flow into Administrative Agent evidence reasonably satisfactory to Administrative Agent that such Borrower or the Project Yield Fundapplicable Master Tenant (or the owner of the policy if the applicable Borrower or the applicable Master Tenant shares in a blanket policy) has paid the applicable premium finance amount due for the preceding month, and (iii) Borrowers provide to Administrative Agent, at least ten (10) days prior to the date any delinquency or penalty becomes due with respect to Insurance Premiums, evidence reasonably acceptable to Administrative Agent that the Insurance Premiums which have become due have been paid in full. Administrative Agent shall waive the Insurance Impound requirement have no obligation to remit such escrowed sums in the case payment of the foregoing clauses (i) and (ii) to the extent that Borrowers promptly provide all evidence reasonably requested by Administrative Agent to confirm that the CONA – Healthcare Trust, Inc. 92119388.8 Tenants have paid (and continue to pay) insurance current as required under the terms of their Leasespremium finance amounts.
Appears in 1 contract
Samples: Loan Agreement (Cornerstone Core Properties REIT, Inc.)
Insurance Impounds. Borrowers Borrower shall deposit (or cause to be deposited) with Administrative Agent, monthly on each Payment Date, a sum of money (the “Insurance Impound”) equal to one-twelfth (l/12th) of the annual charges for the Insurance Premiums. At or before the initial advance of the Loan, Borrower shall deposit (or cause to be deposited) with Administrative Agent a sum of money which together with the monthly installments will be sufficient to make each of such payments thirty (30) days prior to the date any delinquency or penalty becomes due with respect to such payments. Deposits shall be made on the basis of Administrative Agent’s estimate from time to time of the Insurance Premiums for the current year. All funds so deposited shall be held without interest in by Administrative Agent’s name . These sums may be commingled with the general funds of Administrative Agent, and shall not be deemed to be held in trust for the benefit of BorrowersBorrower. All funds so deposited may be commingled with the general funds of Administrative Agent. Borrowers Borrower hereby grant grants to Administrative Agent (for its benefit and the benefit of the Lenders) a security interest in all funds so deposited with Administrative Agent for the purpose of securing the Loan. Until an Event of Default exists, Administrative Agent shall apply the funds deposited to pay Insurance Premiums as provided herein. While an Event of Default exists, the funds deposited may be applied in payment of the Insurance Premiums for which such funds have been deposited, or to the payment of the Loan or any other charges affecting the security of Administrative Agent, as Administrative Agent may elect, but no such application shall be deemed to have been made by operation of law or otherwise until actually made by Administrative Agent. Borrowers Borrower shall furnish Administrative Agent with bills for the Insurance Premiums for which such deposits are required at least thirty (30) days prior to the date on which the Insurance Premiums first become payable. If at any time the amount on deposit with Administrative Agent, together with amounts to be deposited by Borrowers Borrower or Operator before such Insurance Premiums are payable, is insufficient to pay such Insurance Premiums, Borrowers Borrower shall deposit (or cause to be deposited) any deficiency with Administrative Agent immediately upon demand. Administrative Agent shall pay such Insurance Premiums on or before the due date therefore; provided that when the amount on deposit with Administrative Agent is sufficient to pay such Insurance Premiums and Administrative Agent has received a bill bxxx for such Insurance Premiums. On the Maturity Date, the monies then remaining on deposit with Administrative Agent under this Section 3.4 shall, at Administrative Agent’s option, be applied against the Indebtedness or if no Event of Default exists hereunder, returned to BorrowersBorrower. Notwithstanding anything the foregoing, if, with respect to the contrary contained in this Agreementa Project, the Insurance Impound shall be waived so long as Premiums are paid via a premium financing arrangement to which Administrative Agent has given its written consent, then (i) no Event the amount to be escrowed with Administrative Agent at any given time in respect of Default has occurredsuch Insurance Premiums payable with respect to such Project (as determined by Administrative Agent in its reasonable discretion) shall be an amount equal to three months of the allocated amounts payable under such premium finance arrangement, (ii) Borrowers are not required at Administrative Agent’s request, Borrower shall tender to deposit Excess Cash Flow into Administrative Agent evidence reasonably satisfactory to Administrative Agent that such Borrower or the Project Yield Fundapplicable Master Tenant (or the owner of the policy if the applicable Borrower or the applicable Master Tenant shares in a blanket policy) has paid the applicable premium finance amount due for the preceding month, and (iii) Borrowers provide to Administrative Agent, at least ten (10) days prior to the date any delinquency or penalty becomes due with respect to Insurance Premiums, evidence reasonably acceptable to Administrative Agent that the Insurance Premiums which have become due have been paid in full. Administrative Agent shall waive the Insurance Impound requirement have no obligation to remit such escrowed sums in the case payment of the foregoing clauses (i) and (ii) to the extent that Borrowers promptly provide all evidence reasonably requested by Administrative Agent to confirm that the CONA premium finance amounts. LOAN AGREEMENT – Healthcare Trust, Inc. 92119388.8 Tenants have paid (and continue to pay) insurance current as required under the terms of their Leases.Page 41[Heritage Wxxxx]
Appears in 1 contract
Samples: Loan Agreement (Cornerstone Core Properties REIT, Inc.)
Insurance Impounds. Borrowers Borrower shall deposit with Administrative Agent, monthly on each Payment Date, a sum of money (the “Insurance Impound”) equal to one-twelfth (l/12th) of the annual charges for the Insurance Premiums. At or before the initial advance of the Loan, Borrower shall deposit with Administrative Agent a sum of money which together with the monthly installments will be sufficient to make each of such payments thirty (30) days prior to the date any delinquency or penalty becomes due with respect to such payments. Deposits shall be made on the basis of Administrative Agent’s estimate from time to time of the Insurance Premiums for the current year. All funds so deposited shall be held without interest in by Administrative Agent’s name . These sums may be commingled with the general funds of Administrative Agent, and shall not be deemed to be held in trust for the benefit of BorrowersBorrower. All funds so deposited may be commingled with the general funds of Administrative Agent. Borrowers Borrower hereby grant grants to Administrative Agent (for its benefit and the benefit of the Lenders) a security interest in all funds so deposited with Administrative Agent for the purpose of securing the Loan. Until an Event of Default exists, Administrative Agent shall apply the funds deposited to pay Insurance Premiums as provided herein. While an Event of Default exists, the funds deposited may be applied in payment of the Insurance Premiums for which such funds have been deposited, or to the payment of the Loan or any other charges affecting the security of Administrative Agent, as Administrative Agent may elect, but no such application shall be deemed to have been made by operation of law or otherwise until actually made by Administrative Agent. Borrowers Borrower shall furnish Administrative Agent with bills for the Insurance Premiums for which such deposits are required at least thirty (30) days prior to the date on which the Insurance Premiums first become payable. If at any time the amount on deposit with Administrative Agent, together with amounts to be deposited by Borrowers Borrower before such Insurance Premiums are payable, is insufficient to pay such Insurance Premiums, Borrowers Borrower shall deposit any deficiency with Administrative Agent immediately upon demand. Administrative Agent shall pay such Insurance Premiums on or before the due date therefore; provided that when the amount on deposit with Administrative Agent is sufficient to pay such Insurance Premiums and Administrative Agent has received a bill bxxx for such Insurance Premiums. On the Maturity Date, the monies then remaining on deposit with Administrative Agent under this Section 3.4 shall, at Administrative Agent’s option, be applied against the Indebtedness or if no Event of Default exists hereunder, returned to BorrowersBorrower. Notwithstanding anything the foregoing, if the insurance premiums are paid via a premium financing arrangement to the contrary contained in this Agreementwhich Administrative Agent has given its written consent, the Insurance Impound shall be waived so long as then (i) no Event the amount to be escrowed with Administrative Agent at any given time in respect of Default has occurredsuch Insurance Premiums shall be three months of payments under the premium finance arrangement, (ii) Borrowers are not required Borrower shall tender to deposit Excess Cash Flow into Administrative Agent each month (on such schedule as Administrative Agent shall reasonably request) evidence that Borrower (or the Project Yield Fundowner of the policy if the Borrower shares in a blanket policy) has paid the applicable premium finance amount due for the preceding month, and (iii) Borrowers provide to Administrative Agent, at least ten (10) days prior to the date any delinquency or penalty becomes due with respect to Insurance Premiums, evidence reasonably acceptable to Administrative Agent that the Insurance Premiums which have become due have been paid in full. Administrative Agent shall waive the Insurance Impound requirement have no obligation to remit such escrowed sums in the case payment of the foregoing clauses (i) and (ii) to the extent that Borrowers promptly provide all evidence reasonably requested by Administrative Agent to confirm that the CONA – Healthcare Trust, Inc. 92119388.8 Tenants have paid (and continue to pay) insurance current as required under the terms of their Leasespremium finance amounts.
Appears in 1 contract
Insurance Impounds. (a) Borrowers shall deposit with Administrative Agent, monthly on each Payment Date, a sum of money (the “Insurance Impound”) equal to one-twelfth (l/12th) of the annual charges for the Insurance Premiums. At or before the initial advance of the Loan, Borrowers shall deposit with Administrative Agent a sum of money which together with the monthly installments will be sufficient to make each of such payments thirty (30) days prior to the date any delinquency or penalty becomes due with respect to such payments. Deposits shall be made on the basis of Administrative Agent’s estimate from time to time of the Insurance Premiums for the current year. All funds so deposited shall be held without interest in Administrative Agent’s name or in the name of CONA as an Affiliate of Administrative Agent and shall not be deemed to be held in trust for the benefit of Borrowers. All funds so deposited may be commingled with the general funds of Administrative Agent, including without limitation, (i) with Administrative Agent’s own funds at financial institutions selected by Administrative Agent in its reasonable discretion or (ii) with Administrative Agent’s funds at CONA, to be held in a Subaccount designated for Administrative Agent for such purpose. Borrowers hereby grant to Administrative Agent (for its benefit and the benefit of the Lenders) a security interest in all funds so deposited with Administrative Agent for the purpose of securing the Loan. Until an Event of Default exists, Administrative Agent shall apply the funds deposited to pay Insurance Premiums as provided herein. While an Event of Default exists, the funds deposited may be applied in payment of the Insurance Premiums for which such funds have been deposited, or to the payment of the Loan or any other charges affecting the security of Administrative Agent, as Administrative Agent may elect, but no such application shall be deemed to have been made by operation of law or otherwise until actually made by Administrative Agent. Borrowers shall furnish Administrative Agent with bills for the Insurance Premiums for which such deposits are required at least thirty (30) days prior to the date on which the Insurance Premiums first become payable. If at any time the amount on deposit with Administrative Agent, together with amounts to be deposited by Borrowers before such Insurance Premiums are payable, is insufficient to pay such Insurance Premiums, Borrowers shall deposit any deficiency with Administrative Agent immediately upon demand. Administrative Agent shall pay such Insurance Premiums on or before the due date therefore; provided that when the amount on deposit with Administrative Agent is sufficient to pay such Insurance Premiums and Administrative Agent has received a bill xxxx for such Insurance Premiums. On the Maturity Date, the monies then remaining on deposit with Administrative Agent under this Section 3.4 shall, at Administrative Agent’s option, be applied against the Indebtedness or if no Event of Default exists hereunder, returned to Borrowers. .
(b) Notwithstanding anything the provisions of subsection (a) above, Administrative Agent will waive the requirement of Borrowers to the contrary contained in this Agreement, deposit the Insurance Impound shall be waived so long as (i) provided there exists no Event of Default has occurred, and (ii) Borrowers are not required to deposit Excess Cash Flow into the Project Yield Fund, and (iii) Borrowers provide to Administrative Agent, at least ten Agent proof of payments of insurance premiums not less than three (103) days Business Days prior to the date any delinquency or penalty becomes due with respect to Insurance Premiums, evidence reasonably acceptable to Administrative Agent that the Insurance Premiums which have become are due have been paid in full. Administrative Agent shall waive under the Insurance Impound requirement in the case of the foregoing clauses (i) and (ii) to the extent that Borrowers promptly provide all evidence reasonably requested insurance premium payment schedule approved by Administrative Agent to confirm that the CONA – Healthcare Trust, Inc. 92119388.8 Tenants have paid (and continue to pay) insurance current as required under the terms of their LeasesAgent.
Appears in 1 contract
Insurance Impounds. Borrowers shall not be required to deposit Insurance Impounds in escrow with Administrative Agent except as specifically set forth in this Section 3.4. Upon the occurrence and during the continuance of an Event of Default, at the option of Administrative Agent, Borrowers shall (i) deposit with Administrative Agent, Agent monthly on each Payment Date, a sum of money for the Projects other than Triple Net Projects for which Borrower has provided timely evidence of payment of applicable Insurance Premiums (the “Insurance Impound”) equal to one-twelfth (l/12th) of the annual charges for the Insurance Premiums and (ii) a sum of money which together with the monthly installments to be made prior to the date that is thirty (30) days before any delinquency or penalty is due with respect to the Insurance Premiums become due and payable will be sufficient to make each of such payments prior to such date. If Administrative Agent so elects in its reasonable discretion, at any time following Borrowers obligation to make deposits in the Insurance Impound, Borrowers shall not be obligated to deposit any sums with Administrative Agent pursuant to this Section 3.4 to the extent Borrowers provide evidence reasonably acceptable to Administrative Agent that Borrowers have paid all such Insurance Premiums. Deposits shall be made on the basis of Administrative Agent’s estimate from time to time of the Insurance Premiums for the current year. All funds so deposited shall be held without interest in Administrative Agent’s name or in the name of CONA as an Affiliate of Administrative Agent (in each case, on behalf of all Lenders), and shall not be deemed to be held in trust for the benefit of Borrowers. All funds so deposited may be commingled with the general funds of Administrative Agent including without limitation as follows: (i) with Administrative Agent’s own funds at financial institutions selected by Administrative Agent in its reasonable discretion; or (ii) with Administrative Agent’s funds at CONA to be held in a Subaccount designated for Administrative Agent for such purpose. Borrowers hereby grant to Administrative Agent (for its benefit and the benefit of the Lenders) a security interest in all funds so deposited with Administrative Agent for the purpose of securing the Loan. Until an Event of Default exists, Administrative Agent shall apply the funds deposited to pay Insurance Premiums as provided herein. While an Event of Default exists, the funds deposited may be applied in payment of the Insurance Premiums for which such funds have been deposited, or to the payment of the Loan or any other charges affecting the security of Administrative Agent, as Administrative Agent may elect, but no such application shall be deemed to have been made by operation of law or otherwise until actually made by Administrative Agent. Borrowers shall furnish Administrative Agent with bills for the Insurance Premiums for which such deposits are required at least thirty ten (3010) days prior to the date on which the Insurance Premiums first become payable. If at any time the amount on deposit with Administrative Agent, together with amounts to be deposited by Borrowers before such Insurance Premiums are payable, is insufficient to pay such Insurance Premiums, Borrowers shall deposit any deficiency with Administrative Agent immediately upon demand. Administrative Agent shall pay such Insurance Premiums on or before the due date thereforedate; provided that the amount on deposit with Administrative Agent is sufficient to pay such Insurance Premiums and Administrative Agent has received a bill bxxx for such Insurance Premiums. On the earlier of the date on which all outstanding Events of Default have been cured as determined by Administrative Agent in its sole discretion and the Maturity Date, the monies then remaining on deposit with Administrative Agent under this Section 3.4 shall, at Administrative Agent’s option, be applied against the Indebtedness or if no Event of Default exists hereunder, returned to Borrowers. Notwithstanding anything Borrowers shall provide Administrative Agent with proof of payment with respect to all of Borrowers’ insurance, in each case, not later than five (5) Business Days prior to the contrary contained in this Agreementstated due date therefor. If Borrowers fail to timely provide such proof of payment during the Loan term, the Insurance Impound shall be waived so long as (i) no Event of Default has occurred, (ii) Borrowers are not required to deposit Excess Cash Flow into the Project Yield Fund, and (iii) Borrowers provide to Administrative Agent, at least ten (10) days prior to the date any delinquency or penalty becomes due with respect to Insurance Premiumsits option, evidence reasonably acceptable to Administrative Agent that the Insurance Premiums which have become due have been paid in full. Administrative Agent shall waive the Insurance Impound requirement in the case of the foregoing clauses (i) and (ii) to the extent may require that Borrowers promptly provide all evidence reasonably requested by Administrative Agent commence depositing Insurance Impounds pursuant to confirm that the CONA this Section 3.4. LOAN AGREEMENT – Healthcare Trust, Inc. 92119388.8 Tenants have paid (and continue to pay) insurance current as required under the terms of their Leases.PAGE 57
Appears in 1 contract
Insurance Impounds. Borrowers shall not be required to deposit Insurance Impounds in escrow with Administrative Agent except as specifically set forth in this Section 3.4. Upon the occurrence and during the continuance of an Event of Default, at the option of Administrative Agent, Borrowers shall (i) deposit with Administrative Agent, Agent monthly on each Payment Date, a sum of money for the Projects other than Triple Net Projects for which Borrower has provided timely evidence of payment of applicable Insurance Premiums (the “Insurance Impound”) equal to one-twelfth (l/12th) of the annual charges for the Insurance Premiums and (ii) a sum of money which together with the monthly installments to be made prior to the date that is thirty (30) days before any delinquency or penalty is due with respect to the Insurance Premiums become due and payable will be sufficient to make each of such payments prior to such date. If Administrative Agent so elects in its reasonable discretion, at any time following Borrowers obligation to make deposits in the Insurance Impound, Borrowers shall not be obligated to deposit any sums with Administrative Agent pursuant to this Section 3.4 to the extent Borrowers provide evidence reasonably acceptable to Administrative Agent that Borrowers have paid all such Insurance Premiums. Deposits shall be made on the basis of Administrative Agent’s estimate from time to time of the Insurance Premiums for the current year. All funds so deposited shall be held without interest in Administrative Agent’s name or in the name of CONA as an Affiliate of Administrative Agent (in each case, on behalf of all Lenders), and shall not be deemed to be held in trust for the benefit of Borrowers. All funds so deposited may be commingled with the general funds of Administrative Agent including without limitation as follows: (i) with Administrative Agent’s own funds at financial institutions selected by Administrative Agent in its reasonable discretion; or (ii) with Administrative Agent’s funds at CONA to be held in a Subaccount designated for Administrative Agent for such purpose. Borrowers hereby grant to Administrative Agent (for its benefit and the benefit of the Lenders) a security interest in all funds so deposited with Administrative Agent for the purpose of securing the Loan. Until an Event of Default exists, Administrative Agent shall apply the funds deposited to pay Insurance Premiums as provided herein. While an Event of Default exists, the funds deposited may be applied in payment of the Insurance Premiums for which such funds have been deposited, or to the payment of the Loan or any other charges affecting the security of Administrative Agent, as Administrative Agent may elect, but no such application shall be deemed to have been made by operation of law or otherwise until actually made by Administrative Agent. Borrowers shall furnish Administrative Agent with bills for the Insurance Premiums for which such deposits are required at least thirty ten (3010) days prior to the date on which the Insurance Premiums first become payable. If at any time the amount on deposit with Administrative Agent, together with amounts to be deposited by Borrowers before such Insurance Premiums are payable, is insufficient to pay such Insurance Premiums, Borrowers shall deposit any deficiency with Administrative Agent immediately upon demand. Administrative Agent shall pay such Insurance Premiums on or before the due date thereforedate; provided that the amount on deposit with Administrative Agent is sufficient to pay such Insurance Premiums and Administrative Agent has received a bill bxxx for such Insurance Premiums. On the earlier of the date on which all outstanding Events of Default have been cured as determined by Administrative Agent in its sole discretion and the Maturity Date, the monies then remaining on deposit with Administrative Agent under this Section 3.4 shall, at Administrative Agent’s option, be applied against the Indebtedness or if no Event of Default exists hereunder, returned to Borrowers. Notwithstanding anything Borrowers shall provide Administrative Agent with proof of payment with respect to all of Borrowers’ insurance, in each case, not later than five (5) Business Days prior to the contrary contained in this Agreementstated due date therefor. If Borrowers fail to timely provide such proof of payment during the Loan term, the Insurance Impound shall be waived so long as (i) no Event of Default has occurred, (ii) Borrowers are not required to deposit Excess Cash Flow into the Project Yield Fund, and (iii) Borrowers provide to Administrative Agent, at least ten (10) days prior to the date any delinquency or penalty becomes due with respect to Insurance Premiumsits option, evidence reasonably acceptable to Administrative Agent that the Insurance Premiums which have become due have been paid in full. Administrative Agent shall waive the Insurance Impound requirement in the case of the foregoing clauses (i) and (ii) to the extent may require that Borrowers promptly provide all evidence reasonably requested by Administrative Agent commence depositing Insurance Impounds pursuant to confirm that the CONA – Healthcare Trust, Inc. 92119388.8 Tenants have paid (and continue to pay) insurance current as required under the terms of their Leasesthis Section 3.4.
Appears in 1 contract
Insurance Impounds. Borrowers shall deposit with Administrative Agent, monthly on each Payment Datemonthly, a sum of money (the “"Insurance Impound”") equal to one-twelfth (l/12th1/12th) of the annual charges for insurance premiums relating to the Insurance Premiumsinsurance coverages required by this Agreement. At or before the initial advance of the Loan, Borrowers shall deposit with Agent a sum of money which together with the monthly installments will be sufficient to make each of such payments thirty (30) days prior to the date any delinquency or penalty becomes due with respect to such payments and maintain a reserve equal to approximately 1/6 of the annual charges in Agent's sole but reasonable estimation. Deposits shall be made on the basis of Administrative Agent’s 's estimate from time to time of the Insurance Premiums charges for the current year. All funds so deposited shall be held without interest in Administrative by Agent’s name . These sums may be commingled with the general funds of Agent, and shall not be deemed to be held in trust for the benefit of Borrowers. So long as no Event of Default exists hereunder, Agent shall credit for Borrowers' account interest on such funds held by Agent from time to time at the money market account rate announced from time to time by the Northern Trust Company or any other national banking association selected by Agent in its sole discretion (the "Money Market Rate"). All interest paid on such funds so deposited may shall be commingled deemed to be a part of the Insurance impound and shall be applied in accordance with the general funds of Administrative Agentthis Section 3.4. Borrowers hereby grant to Administrative Agent (for its benefit and the benefit of the Lenders) Lender and Agent a security interest in all funds so deposited with Administrative Agent for the purpose of securing the Loan. Until an Event of Default exists, Administrative Agent shall apply the funds deposited to pay Insurance Premiums as provided herein. While an Event of Default exists, the funds deposited may be applied in payment of the Insurance Premiums charges for which such funds have been deposited, or to the payment of the Loan or any other charges affecting the security of Administrative Agent, as Administrative Agent may elect, but no such application shall be deemed to have been made by operation of law or otherwise until actually made by Administrative Agent. Borrowers shall furnish Administrative Agent with bills for the Insurance Premiums charges for which such deposits are required at least thirty (30) days prior to the date on which the Insurance Premiums charges first become payable. If at any time the amount on deposit with Administrative Agent, together with amounts to be deposited by Borrowers before such Insurance Premiums charges are payable, payable is insufficient to pay such Insurance Premiumscharges and maintain a reserve equal to approximately 1/6 of the annual charges in Agent's sole but reasonable estimation, Borrowers shall deposit any deficiency with Administrative Agent immediately upon demand. Administrative Agent shall pay such Insurance Premiums on or before the due date therefore; provided that charges when the amount on deposit with Administrative Agent is sufficient to pay such Insurance Premiums charges and Administrative maintain such reserve and Agent has received a bill xxxx for such Insurance Premiumscharges. On Notwithstanding the Maturity Dateforegoing to the contrary, the monies then remaining on deposit with Administrative Agent under this Section 3.4 shall, at Administrative Agent’s option, be applied against the Indebtedness or if so long as no Event of Default exists hereunderis continuing, returned to Borrowers. Notwithstanding anything to the contrary contained in this Agreement, the Insurance Impound Section 3.4 shall be waived so long as (i) no Event of Default has occurred, (ii) Borrowers are not required to deposit Excess Cash Flow into the Project Yield Fund, and (iii) Borrowers provide to Administrative Agent, at least ten (10) days prior to the date any delinquency or penalty becomes due with respect to Insurance Premiums, evidence reasonably acceptable to Administrative Agent that the Insurance Premiums which have become due have been paid in full. Administrative Agent shall waive the Insurance Impound requirement in the case of the foregoing clauses (i) and (ii) to the extent that Borrowers promptly provide all evidence reasonably requested by Administrative Agent to confirm that the CONA – Healthcare Trust, Inc. 92119388.8 Tenants have paid (and continue to pay) insurance current as required under the terms of their Leasesapply.
Appears in 1 contract
Samples: Loan Agreement (Ensign Group, Inc)
Insurance Impounds. Borrowers shall deposit with Administrative Agent, monthly on each Payment Date, a sum of money (the “Insurance Impound”) equal to one-twelfth (l/12th) of the annual charges for the Insurance Premiums. Deposits shall be made on the basis of Administrative Agent’s reasonable estimate from time to time of the Insurance Premiums for the current year. All funds so deposited shall be held without interest in Administrative Agent’s name and shall not be deemed to be held in trust for the benefit of Borrowers. All funds so deposited may be commingled with the general funds of Administrative Agent. Borrowers hereby grant to Administrative Agent (for its benefit and the benefit of the Lenders) a security interest in all funds so deposited with Administrative Agent for the purpose of securing the Loan. Until an Event of Default exists, Administrative Agent shall apply the funds deposited to pay Insurance Premiums as provided herein. While an Event of Default exists, the funds deposited may be applied in payment of the Insurance Premiums for which such funds have been deposited, or to the payment of the Loan or any other charges affecting the security of Administrative Agent, as Administrative Agent may elect, but no such application shall be deemed to have been made by operation of law or otherwise until actually made by Administrative Agent. Borrowers shall furnish Administrative Agent with bills for the Insurance Premiums for which such deposits are required at least thirty (30) days prior to the date on which the Insurance Premiums first become payable. If at any time the amount on deposit with Administrative Agent, together with amounts to be deposited by Borrowers before such Insurance Premiums are payable, is insufficient to pay such Insurance Premiums, Borrowers shall deposit any deficiency with Administrative Agent immediately upon within ten (10) Business Days’ of Administrative Agent’s demand. Administrative Agent shall pay such Insurance Premiums on or before the due date therefore; provided that when the amount on deposit with Administrative Agent is sufficient to pay such Insurance Premiums and Administrative Agent has received a bill xxxx for such Insurance Premiums. The obligation of Borrowers to pay the Insurance Premiums, as set forth in the Loan Documents, is not affected or modified by the provision of this paragraph; provided, however, that Borrowers shall not be in default under the Loan for failure to pay the Insurance Premiums if and to the extent there are sufficient funds on deposit in the Insurance Impound to timely pay such Insurance Premiums. On the Maturity Date, the monies then remaining on deposit with Administrative Agent under this Section 3.4 shall, at Administrative Agent’s option, be applied against the Indebtedness or if no Event of Default exists hereunder, returned to Borrowers. Notwithstanding anything to the contrary contained in this AgreementAgreement (except as set forth in the following sentence), the Insurance Impound shall be waived so long as (i) no an Event of Default has occurredis not then continuing, (ii) Borrowers the Properties are not required to deposit Excess Cash Flow into the Project Yield Fundinsured under a blanket policy, and (iii) at the written request of Administrative Agent, Borrowers provide to Administrative Agent, at least ten (10) days prior to the date any delinquency or penalty becomes due with respect to Insurance Premiums, Agent evidence reasonably acceptable to Administrative Agent that the Insurance Premiums which have become due have been paid such blanket policy is in full. Administrative Agent shall waive the Insurance Impound requirement in the case of the foregoing clauses (i) full force and (ii) to the extent that Borrowers promptly provide all evidence reasonably requested by Administrative Agent to confirm that the CONA – Healthcare Trust, Inc. 92119388.8 Tenants have paid (and continue to pay) insurance current as required under the terms of their Leaseseffect.
Appears in 1 contract
Samples: Loan Agreement
Insurance Impounds. Borrowers shall (i) deposit with Administrative Agent, Agent monthly on each Payment Date, a sum of money (the “Insurance Impound”) equal to one-twelfth (l/12th) of the annual charges for the Insurance Premiums and (ii) a sum of money which together with the monthly installments to be made prior to the date that is thirty (30) days before any delinquency or penalty is due with respect to the Insurance Premiums become due and payable will be sufficient to make each of such payments prior to such date. If Administrative Agent so elects in its reasonable discretion, at any time following Borrowers obligation to make deposits in the Insurance Impound, Borrowers shall not be obligated to deposit any sums with Administrative Agent pursuant to this Section 3.4 to the extent Borrowers provide evidence reasonably acceptable to Administrative Agent that Borrowers have paid all such Insurance Premiums. Deposits shall be made on the basis of Administrative Agent’s estimate from time to time of the Insurance Premiums for the current year. All funds so deposited shall be held without interest in Administrative Agent’s name or in the name of CONA (in each case, on behalf of all Secured Parties), and shall not be deemed to be held in trust for the benefit of Borrowers. All funds so deposited may be commingled with the general funds of Administrative Agent including without limitation as follows: (i) with Administrative Agent’s own funds at financial institutions selected by Administrative Agent in its reasonable discretion; or (ii) with Administrative Agent’s funds at CONA to be held in a Subaccount designated for Administrative Agent for such purpose. Borrowers hereby grant to Administrative Agent (for its benefit and the benefit of the LendersSecured Parties) a security interest in all funds so deposited with Administrative Agent for the purpose of securing the Loan. Until an Event of Default exists, Administrative Agent shall apply the funds deposited to pay Insurance Premiums as provided herein. While an Event of Default exists, the funds deposited may be applied in payment of the Insurance Premiums for which such funds have been deposited, or to the payment of the Loan or any other charges affecting the security of Administrative Agent, as Administrative Agent may elect, but no such application shall be deemed to have been made by operation of law or otherwise until actually made by Administrative Agent. Borrowers shall furnish Administrative Agent with bills for the Insurance Premiums for which such deposits are required at least thirty ten (3010) days prior to the date on which the Insurance Premiums first become payable. If at any time the amount on deposit with Administrative Agent, together with amounts to be deposited by Borrowers before such Insurance Premiums are payable, is insufficient to pay such Insurance Premiums, Borrowers shall deposit any deficiency with Administrative Agent immediately upon demand. Administrative Agent shall pay such Insurance Premiums on or before the due date thereforedate; provided that the amount on deposit with Administrative Agent is sufficient to pay such Insurance Premiums and Administrative Agent has received a bill bxxx for such Insurance Premiums. On the Maturity Date, the monies then remaining on deposit with Administrative Agent under this Section 3.4 shall, at Administrative Agent’s option, be applied against the Indebtedness or if no Event of Default exists hereunder, returned to Borrowers. Notwithstanding anything Borrowers shall provide Administrative Agent with proof of payment with respect to the contrary contained all of Borrowers’ insurance, in this Agreementeach case, the Insurance Impound shall be waived so long as not later than five (i5) no Event of Default has occurred, (ii) Borrowers are not required to deposit Excess Cash Flow into the Project Yield Fund, and (iii) Borrowers provide to Administrative Agent, at least ten (10) days Business Days prior to the stated due date any delinquency or penalty becomes due with respect to Insurance Premiums, evidence reasonably acceptable to Administrative Agent that the Insurance Premiums which have become due have been paid in full. Administrative Agent shall waive the Insurance Impound requirement in the case of the foregoing clauses (i) and (ii) to the extent that Borrowers promptly provide all evidence reasonably requested by Administrative Agent to confirm that the CONA – Healthcare Trust, Inc. 92119388.8 Tenants have paid (and continue to pay) insurance current as required under the terms of their Leasestherefor.
Appears in 1 contract
Insurance Impounds. Borrowers Borrower shall deposit (or cause to be deposited) with Administrative Agent, monthly on each Payment Date, a sum of money (the “Insurance Impound”) equal to one-twelfth (l/12th) of the annual charges for the Insurance Premiums. At or before the initial advance of the Loan, Borrower shall deposit (or cause to be deposited) with Administrative Agent a sum of money which together with the monthly installments will be sufficient to make each of such payments thirty (30) days prior to the date any delinquency or penalty becomes due with respect to such payments. Deposits shall be made on the basis of Administrative Agent’s estimate from time to time of the Insurance Premiums for the current year. All funds so deposited shall be held without interest in by Administrative Agent’s name . These sums may be commingled with the general funds of Administrative Agent, and shall not be deemed to be held in trust for the benefit of BorrowersBorrower. All funds so deposited may be commingled with the general funds of Administrative Agent. Borrowers Borrower hereby grant grants to Administrative Agent (for its benefit and the benefit of the Lenders) a security interest in all funds so deposited with Administrative Agent for the purpose of securing the Loan. Until an Event of Default exists, Administrative Agent shall apply the funds deposited to pay Insurance Premiums as provided herein. While an Event of Default exists, the funds deposited may be applied in payment of the Insurance Premiums for which such funds have been deposited, or to the payment of the Loan or any other charges affecting the security of Administrative Agent, as Administrative Agent may elect, but no such application shall be deemed to have been made by operation of law or otherwise until actually made by Administrative Agent. Borrowers Borrower shall furnish Administrative Agent with bills for the Insurance Premiums for which such deposits are required at least thirty (30) days prior to the date on which the Insurance Premiums first become payable. If at any time the amount on deposit with Administrative Agent, together with amounts to be deposited by Borrowers Borrower or Operator before such Insurance Premiums are payable, is insufficient to pay such Insurance Premiums, Borrowers Borrower shall deposit (or cause to be deposited) any deficiency with Administrative Agent immediately upon demand. Administrative Agent shall pay such Insurance Premiums on or before the due date therefore; provided that when the amount on deposit with Administrative Agent is sufficient to pay such Insurance Premiums and Administrative Agent has received a bill xxxx for such Insurance Premiums. On the Maturity Date, the monies then remaining on deposit with Administrative Agent under this Section 3.4 shall, at Administrative Agent’s option, be applied against the Indebtedness or if no Event of Default exists hereunder, returned to BorrowersBorrower. Notwithstanding anything to the contrary contained in this Agreementforegoing, if the Insurance Impound shall be waived so long as Premiums are paid via a premium financing arrangement to which Administrative Agent has given its written consent, then (i) no Event the amount to be escrowed with Administrative Agent at any given time in respect of Default has occurredsuch Insurance Premiums shall be three months or payments under the premium finance arrangement, (ii) Borrowers are not required shall tender to deposit Excess Cash Flow into Administrative Agent each month (on such schedule as Administrative Agent shall reasonably request) evidence that Borrowers (or the Project Yield Fundowner of the policy if the Borrowers share in a blanket policy) have paid the applicable premium finance amount due for the preceding month, and (iii) Borrowers provide to Administrative Agent, at least ten (10) days prior to the date any delinquency or penalty becomes due with respect to Insurance Premiums, evidence reasonably acceptable to Administrative Agent that the Insurance Premiums which have become due have been paid in full. Administrative Agent shall waive the Insurance Impound requirement have no obligation to remit such escrowed sums in the case payment of the foregoing clauses (i) and (ii) to the extent that Borrowers promptly provide all evidence reasonably requested by Administrative Agent to confirm that the CONA – Healthcare Trust, Inc. 92119388.8 Tenants have paid (and continue to pay) insurance current as required under the terms of their Leasespremium finance amounts.
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Insurance Impounds. The Ten Project Borrowers shall deposit have previously deposited with Administrative Agent, monthly on each Payment Date, a sum of money (the “Ten Project Insurance Impound”) equal to one-twelfth sixth (l/12th1/6th) of the annual charges for Insurance Premiums relating to the insurance coverages for the Ten Project Loan Projects required by this Agreement. At or before the advance of the Six Project Loan, the Six Project Borrowers shall deposit with Agent a sum of money, which will be sufficient to establish a reserve (the “Six Project Insurance PremiumsImpound” and collectively with the Ten Project Insurance Impound, the “Insurance Impound”) equal to approximately 1/6 of the annual charges for Insurance Premiums relating to the insurance coverages for the Six Project Loan Projects in Agent’s sole but reasonable estimation. Deposits shall be made on the basis of Administrative Agent’s estimate from time to time of the Insurance Premiums charges for the current year. All funds so deposited shall be held without interest in Administrative by Agent’s name . These sums may be commingled with the general funds of Agent, and shall not be deemed to be held in trust for the benefit of Borrowers. All funds so deposited may be commingled with the general funds of Administrative Agent. Borrowers hereby grant to Administrative Agent (for its benefit and the benefit of the Lenders) Lender and Agent a security interest in all funds so deposited with Administrative Agent for the purpose of securing the Loan. Until an Event of Default exists, Administrative Agent shall apply the funds deposited to pay Insurance Premiums as provided hereinLoans. While an Event of Default exists, the funds deposited may be applied in payment of the Insurance Premiums charges for which such funds have been deposited, or to the payment of the Loan Loans or any other charges affecting the security of Administrative Agent, as Administrative Agent may elect, but no such application shall be deemed to have been made by operation of law or otherwise until actually made by Administrative Agent. Borrowers shall furnish Administrative Agent with bills for the Insurance Premiums for which such deposits are required at least thirty (30) days prior to the date on which the Insurance Premiums first become payable. If at any time the amount on deposit in the Insurance Impound with Administrative Agent, together with amounts to be deposited by Borrowers before such Insurance Premiums are payable, Agent is insufficient to pay such maintain a reserve equal to approximately 1/6 of the annual charges for Insurance PremiumsPremiums relating to the insurance coverages for the Projects in Agent’s sole but reasonable estimation, Borrowers shall deposit any deficiency with Administrative Agent immediately upon demand. Administrative Agent shall pay such Insurance Premiums on or before the due date therefore; provided that the amount on deposit with Administrative Agent is sufficient to pay such Insurance Premiums and Administrative Agent has received a bill for such Insurance Premiums. On the applicable Maturity Date, the monies then remaining on deposit with Administrative Agent under this Section 3.4 attributable to the then maturing Six Project Loan or Ten Project Loan, as applicable, shall, at Administrative Agent’s option, be applied against the Indebtedness Obligations or if no Event of Potential Default exists hereunderis continuing, returned to applicable Borrowers. Notwithstanding anything to the contrary contained in this Agreement, the Insurance Impound shall be waived so long as (i) no Event of Default has occurred, (ii) Borrowers are not required to deposit Excess Cash Flow into the Project Yield Fund, and (iii) Borrowers provide to Administrative Agent, at least ten (10) days prior to the date any delinquency or penalty becomes due with respect to Insurance Premiums, evidence reasonably acceptable to Administrative Agent that the Insurance Premiums which have become due have been paid in full. Administrative Agent shall waive the Insurance Impound requirement in the case of the foregoing clauses (i) and (ii) to the extent that Borrowers promptly provide all evidence reasonably requested by Administrative Agent to confirm that the CONA – Healthcare Trust, Inc. 92119388.8 Tenants have paid (and continue to pay) insurance current as required under the terms of their Leases.
Appears in 1 contract
Samples: Loan Agreement (Ensign Group, Inc)
Insurance Impounds. Upon the occurrence and continuation of an Event of Default, at the option of Administrative Agent, Borrowers shall deposit with Administrative Agent, monthly on each Payment Date, a sum of money (the “Insurance Impound”) equal to one-twelfth (l/12th) of the annual charges for the Insurance Premiums. Deposits shall be made on the basis of Administrative Agent’s estimate from time to time of the Insurance Premiums for the current year. All funds so deposited shall be held without interest in by Administrative Agent’s name . These sums may be commingled with the general funds of Administrative Agent, and shall not be deemed to be held in trust for the benefit of Borrowers. All funds so deposited may be commingled with the general funds of Administrative Agent. Borrowers hereby grant to Administrative Agent (for its benefit and the benefit of the Lenders) a security interest in all funds so deposited with Administrative Agent for the purpose of securing the Loan. Until an Event of Default exists, Administrative Agent shall apply the funds deposited to pay Insurance Premiums as provided herein. While an Event of Default exists, the funds deposited may be applied in payment of the Insurance Premiums for which such funds have been deposited, or to the payment of the Loan or any other charges affecting the security of Administrative Agent, as Administrative Agent may elect, but no such application shall be deemed to have been made by operation of law or otherwise until actually made by Administrative Agent. Borrowers shall furnish Administrative Agent with bills for the Insurance Premiums for which such deposits are required at least thirty (30) days prior to the date on which the Insurance Premiums first become payable. If at any time the amount on deposit with Administrative Agent, together with amounts to be deposited by Borrowers before such Insurance Premiums are payable, is insufficient to pay such Insurance Premiums, Borrowers shall deposit any deficiency with Administrative Agent immediately upon demand. Administrative Agent shall pay such Insurance Premiums on or before the due date therefore; provided that when the amount on deposit with Administrative Agent is sufficient to pay such Insurance Premiums and Administrative Agent has received a bill xxxx for such Insurance Premiums. On the Maturity Date, the monies then remaining on deposit with Administrative Agent under this Section 3.4 shall, at Administrative Agent’s option, be applied against the Indebtedness or if no Event of Default exists hereunder, returned to Borrowers. Notwithstanding anything Borrowers shall provide Administrative Agent with proof of payment with respect to all of Borrowers’ insurance, in each case not later than fifteen (15) Business Days prior to the contrary contained in this Agreementstated due date therefore. Borrowers’ failure to provide such proof of payment within such time periods shall constitute an Event of Default. If Borrowers cure the foregoing Event of Default that occurred as a result of Borrowers’ failure to provide evidence of payment of insurance, the Insurance Impound shall be waived and so long as (i) no other Event of Default has occurredshall be continuing hereunder, (ii) Borrowers are not required Borrowers’ obligations to deposit Excess Cash Flow into the Project Yield Fund, and (iii) Borrowers provide to Administrative Agent, at least ten (10) days prior to the date any delinquency or penalty becomes due Insurance Impounds with respect to Insurance Premiums, evidence reasonably acceptable to Administrative Agent that the Insurance Premiums which have become due have been paid in full. Administrative Agent under this Section 3.4 shall waive the Insurance Impound requirement in the case of the foregoing clauses (i) cease and (ii) to the extent that Borrowers promptly provide all evidence reasonably requested by Administrative Agent to confirm that the CONA – Healthcare Trust, Inc. 92119388.8 Tenants have paid (and continue to pay) insurance current as required under the terms of their Leasesterminate.
Appears in 1 contract
Samples: Loan Agreement (American Realty Capital Healthcare Trust Inc)