Insurance; Maintenance of Properties. (a) Maintain or cause to be maintained with financially sound and reputable insurers, insurance with respect to its properties and business, and the properties and business of its Subsidiaries, against loss or damage of the kind customarily insured against by reputable companies in the same or similar businesses, such insurance to be of such types and in such amounts as is customary for such companies under similar circumstances; provided, however, that in any event each Borrower shall use its best efforts to maintain, or cause to be maintained, insurance in amounts and with coverages not materially less favorable to any Consolidated Company as in effect on the date of this Agreement. (b) Cause all properties used or useful in the conduct of its business to be maintained and kept in good condition, repair and working order and supplied with all necessary equipment and will cause to be made all necessary repairs, renewals, replacements, settlements and improvements thereof, all as in the judgment of the Borrowers as may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times and except where a failure to do so could not reasonably be expected to have a Materially Adverse Effect; (c) Net Casualty/Insurance Proceeds must be applied either (i) to the payment of the Olbligations, or (ii) repair and/or restoration of the Collateral within one hundred eighty days (180) days of the recipt of the proceeds of such Casualty or Condemnation. If an Event of Default has occurred and is continuing, the Administrative Agent at the direction of the Required Lenders, shall determine the manner in which the Net Casualty/Insurance Proceeds are to be applied. If the cost to repair the Collateral exceeds $1,000,000, then, in such event, the Credit Party and the Administrative Agent shall mutually determine the manner in which the Net Casualty/Insurance Proceeds are to be applied; provided that, in the event the Credit Party and Administrative Agent do not come to a mutually satisfactory determination of the manner in which the Net/Casualty/Insurance Proceeds are to be applied the Administrative Agent shall make the determination in its reasonable discretion.
Appears in 2 contracts
Samples: Revolving Credit and Term Loan Agreement (Catalina Lighting Inc), Revolving Credit and Term Loan Agreement (Catalina Lighting Inc)
Insurance; Maintenance of Properties. (a) Maintain or cause to be maintained with financially sound and reputable insurers, insurance with respect to its properties and businessbusiness (including business interruption insurance), and the properties and business of its the Restricted Subsidiaries, against loss or damage of the kind kinds customarily insured against by reputable companies in the same or similar businesses, such insurance to be of such types and in such amounts and subject to such deductibles and self-insurance programs as is customary for such companies under similar circumstancesthe Company in its judgment deems reasonable; provided, however, that in any event each Borrower Borrowers shall use its their best efforts to maintain, or cause to be maintained, insurance in amounts and with coverages not materially less favorable to the Borrowers or any Consolidated Company of the Restricted Subsidiaries as in effect on the date of this Credit Agreement, except where the costs of maintaining such insurance would, in the judgment of the Company, be excessive. The Collateral Agent, in the case of U.S. Collateral, and the Canadian Agent, in the case of Canadian Collateral, shall be named as loss payee or mortgagee, as its interest may appear, and/or additional insured with respect to any such insurance providing coverage in respect of any such Collateral, 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 and the Canadian Agent, that it will give the applicable Agent thirty (30) days prior written notice before any such policy or policies shall be altered or canceled.
(b) Cause Cause, and cause each Restricted Subsidiaries to cause, all properties used or useful in the conduct of its business to be maintained and kept in good condition, repair and working order and supplied with all necessary equipment and will cause to be made all necessary repairs, renewals, replacements, settlements and improvements thereof, all as in the judgment of the Borrowers as Borrower may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times and except where times; provided, however, that nothing in this Section 5.6 shall prevent a failure to do so could not reasonably be expected to have a Materially Adverse Effect;Credit Party from discontinuing the operation or maintenance of any such properties if such discontinuance is, in the judgment of the Company, desirable in the conduct of its business or the business of either Borrower or any of the Restricted Subsidiaries.
(c) Net Casualty/Insurance Proceeds must be applied either (i) Cause a summary, set forth in format and detail reasonably acceptable to the payment Administrative Agent, of the Olbligations, or types and amounts of insurance (iiproperty and liability) repair and/or restoration of maintained by the Collateral within one hundred eighty days (180) days of Borrowers and the recipt of the proceeds of such Casualty or Condemnation. If an Event of Default has occurred and is continuing, Restricted Subsidiaries to be delivered to the Administrative Agent at on or before thirty (30) days after the direction of the Required Lenders, shall determine the manner in which the Net Casualty/Insurance Proceeds are to be applied. If the cost to repair the Collateral exceeds $1,000,000, then, in such event, the Credit Party and the Administrative Agent shall mutually determine the manner in which the Net Casualty/Insurance Proceeds are to be applied; provided that, in the event the Credit Party and Administrative Agent do not come to a mutually satisfactory determination of the manner in which the Net/Casualty/Insurance Proceeds are to be applied the Administrative Agent shall make the determination in its reasonable discretionClosing Date.
Appears in 2 contracts
Samples: Credit Agreement (Rock-Tenn CO), Credit Agreement (Rock-Tenn CO)
Insurance; Maintenance of Properties. (a) Maintain or cause to be maintained with financially sound and reputable insurers, insurance with respect to its properties and business, and the properties and business of its Subsidiaries, against loss or damage of the kind kinds customarily insured against by reputable companies in the same or similar businesses, such insurance to be of such types and in such amounts as is are customary for such companies under similar circumstances; provided, however, that the Credit Parties may self-insure in any event each amounts satisfactory to management. Upon the request of the Administrative Agent, Borrower shall use its best efforts to maintain, or cause to be maintained, file with the Administrative Agent a detailed list of such insurance in amounts and with coverages not materially less favorable to any Consolidated Company as then in effect on stating the names of the insurance companies, the limits of liability of insurance, the date of this Agreementexpiration thereof, the Property and risks covered thereby and the insured with respect thereto, and, within 60 days after notice in writing from the Administrative Agent, obtain such additional insurance as the Required Lenders may reasonably request as a result of a material change in the circumstances or conditions affecting Borrower's business specifically or its type of business generally, provided that such additional insurance is available at a commercially reasonable cost.
(b) Cause Cause, and cause each of the Consolidated Companies to cause, all properties used or useful in the conduct of its business to be maintained and kept in good condition, repair and working order and supplied with all necessary equipment and will cause to be made all necessary repairs, renewals, replacements, settlements and improvements thereof, all as in the judgment of the Borrowers as Borrower may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times times; provided, however, that nothing in this Section 6.06 shall prevent Borrower from discontinuing the operation or maintenance of any such properties if such discontinuance is, in the judgment of Borrower, desirable in the conduct of its business or the business of any Consolidated Company.
(c) Maintain in full force and except effect all material patents, trademarks, service marks, trade names, copyrights, licenses and other such rights, free from burdensome restrictions, which are necessary for the operation of the businesses of the Consolidated Companies as presently conducted, where a the result of failure to do so could not reasonably be expected to obtain and hold such benefits would have a Materially Adverse Effect;
(c) Net Casualty/Insurance Proceeds must be applied either (i) to the payment of the Olbligations, or (ii) repair and/or restoration of the Collateral within one hundred eighty days (180) days of the recipt of the proceeds of such Casualty or Condemnation. If an Event of Default has occurred and is continuing, the Administrative Agent at the direction of the Required Lenders, shall determine the manner in which the Net Casualty/Insurance Proceeds are to be applied. If the cost to repair the Collateral exceeds $1,000,000, then, in such event, the Credit Party and the Administrative Agent shall mutually determine the manner in which the Net Casualty/Insurance Proceeds are to be applied; provided that, in the event the Credit Party and Administrative Agent do not come to a mutually satisfactory determination of the manner in which the Net/Casualty/Insurance Proceeds are to be applied the Administrative Agent shall make the determination in its reasonable discretion.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Choicepoint Inc), Revolving Credit Agreement (Choicepoint Inc)
Insurance; Maintenance of Properties. (a) Maintain or cause to be maintained with financially sound and reputable insurers, insurance with respect to its properties and business, and the properties and business of its Subsidiaries, against loss or damage of the kind kinds customarily insured against by reputable companies in the same or similar businesses, such insurance to be of such types and in such amounts and subject to such deductibles and self-insurance programs as is customary for such companies under similar circumstancesthe Borrower in its judgment deems reasonable; provided, however, that in any event each Borrower shall use its best efforts to maintain, or cause to be maintained, insurance in amounts and with coverages not materially less favorable to any Consolidated Company as in effect on the date of this Agreement, except where the costs of maintaining such insurance would, in the judgment of the Borrower, be excessive.
(b) Cause Cause, and cause each of the Consolidated Companies to cause, all properties used or useful in the conduct of its business to be maintained and kept in good condition, repair and working order and supplied with all necessary equipment and will cause to be made all necessary repairs, renewals, replacements, settlements and improvements thereof, all as in the judgment of the Borrowers as Borrower may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times and except where a failure to do so could not reasonably be expected to have a Materially Adverse Effect;times; provided, however, that nothing in this Section shall prevent Borrower from discontinuing the operation or maintenance of any such properties if such discontinuance is, in the judgment of Borrower, desirable in the conduct of its business or the business of any Consolidated Company.
(c) Net Casualty/Insurance Proceeds must be applied either (i) Cause a summary, set forth in format and detail reasonably acceptable to the payment Agent, of the Olbligations, types and amounts of insurance (property and liability) maintained by the Consolidated Companies to be delivered to the Agent on or before thirty (ii) repair and/or restoration of the Collateral within one hundred eighty days (18030) days of after the recipt of the proceeds of such Casualty or Condemnation. If an Event of Default has occurred and is continuing, the Administrative Agent at the direction of the Required Lenders, shall determine the manner in which the Net Casualty/Insurance Proceeds are to be applied. If the cost to repair the Collateral exceeds $1,000,000, then, in such event, the Credit Party and the Administrative Agent shall mutually determine the manner in which the Net Casualty/Insurance Proceeds are to be applied; provided that, in the event the Credit Party and Administrative Agent do not come to a mutually satisfactory determination of the manner in which the Net/Casualty/Insurance Proceeds are to be applied the Administrative Agent shall make the determination in its reasonable discretionClosing Date.
Appears in 1 contract
Samples: Credit Agreement (Rock Tenn Co)
Insurance; Maintenance of Properties. (a) Maintain or cause to be maintained with financially sound and reputable insurers, insurance with respect to its properties and business, and the properties and business of its Subsidiaries, against loss or damage of the kind customarily insured against by reputable companies in the same or similar businesses, such insurance to be of such types and in such amounts as is customary for such companies under similar circumstances; provided, however, that in any event each Borrower shall use its best efforts to maintain, or cause to be maintained, insurance in amounts and with coverages not materially less favorable to any Consolidated Company as in effect on the date of this Agreement.
(b) Cause all properties used or useful in the conduct of its business to be maintained and kept in good condition, repair and working order and supplied with all necessary equipment and will cause to be made all necessary repairs, renewals, replacements, settlements and improvements thereof, all as in the judgment of the Borrowers as may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times and except where a failure to do so could not reasonably be expected to have a Materially Adverse Effect;
(c) Net Casualty/Insurance Proceeds must be applied either (i) to the payment of the OlbligationsObligations, or (ii) to the repair and/or restoration of the Collateral within one hundred eighty days (180) days of the recipt receipt of the proceeds of such Casualty or Condemnation. If an Event of Default has occurred and is continuing, the Administrative Agent at the direction of the Required Lenders, shall determine the manner in which the Net Casualty/Insurance Proceeds are to be applied. If the cost to repair the Collateral exceeds $1,000,000, then, in such event, the Credit Party and the Administrative Agent shall mutually determine the manner in which the Net Casualty/Insurance Proceeds are to be applied; provided that, in the event the Credit Party and Administrative Agent do not come to a mutually satisfactory determination of the manner in which the Net/Casualty/Insurance Proceeds are to be applied the Administrative Agent shall make the determination in its reasonable discretion.
Appears in 1 contract
Samples: Revolving Credit and Term Loan Agreement (Catalina Lighting Inc)
Insurance; Maintenance of Properties. (a) Maintain or cause to be maintained with financially sound and reputable insurers, insurance with respect to its properties and business, and the properties and business of its Subsidiaries, against loss or damage of the kind kinds customarily insured against by reputable companies in the same or similar businesses, such insurance to be of such types and in such amounts as is are customary for such companies under similar circumstances; provided, however, that the Credit Parties may self-insure in any event each amounts satisfactory to management. Upon the request of the Administrative Agent, Borrower shall use its best efforts to maintain, or cause to be maintained, file with the Administrative Agent a detailed list of such insurance in amounts and with coverages not materially less favorable to any Consolidated Company as then in effect on stating the names of the insurance companies, the limits of liability of insurance, the date of this Agreementexpiration thereof, the Property and risks covered thereby and the insured with respect thereto, and, within 60 days after notice in writing from the Administrative Agent, obtain such additional insurance as the Required Lenders may reasonably request as a result of a material change in the circumstances or conditions affecting Borrower's business specifically or its type of business generally, provided that such additional insurance is available at a commercially reasonable cost.
(b) Cause Cause, and cause each of the Consolidated Companies to cause, all properties used or useful in the conduct of its business to be maintained and kept in good condition, repair and working order and supplied with all necessary equipment and will cause to be made all necessary repairs, renewals, replacements, settlements and improvements thereof, all as in the judgment of the Borrowers as Borrower may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times and except where a failure to do so could not reasonably be expected to have a Materially Adverse Effect;
(c) Net Casualty/Insurance Proceeds must be applied either (i) to times; provided, however, that nothing in this Section 6.06 shall prevent Borrower from discontinuing the payment of the Olbligations, or (ii) repair and/or restoration of the Collateral within one hundred eighty days (180) days of the recipt of the proceeds of such Casualty or Condemnation. If an Event of Default has occurred and is continuing, the Administrative Agent at the direction of the Required Lenders, shall determine the manner in which the Net Casualty/Insurance Proceeds are to be applied. If the cost to repair the Collateral exceeds $1,000,000, then, in such event, the Credit Party and the Administrative Agent shall mutually determine the manner in which the Net Casualty/Insurance Proceeds are to be applied; provided that, in the event the Credit Party and Administrative Agent do not come to a mutually satisfactory determination of the manner in which the Net/Casualty/Insurance Proceeds are to be applied the Administrative Agent shall make the determination in its reasonable discretion.operation or
Appears in 1 contract
Insurance; Maintenance of Properties. (a) Maintain or cause to be maintained with financially sound and reputable insurers, insurance (including business interruption coverage) with respect to its properties and business, and the properties and business of its Subsidiaries, against loss or damage of the kind kinds customarily insured against by reputable companies in the same or similar businesses, such insurance to be of such types and in such amounts as is are customary for such companies under similar circumstances; provided, however, that in any event each Borrower shall use its best efforts to maintain, or cause to be maintained, insurance the Credit Parties may self-insure in amounts and satisfactory to management. Upon the request of the Administrative Agent, Parent shall file with coverages not materially less favorable to any Consolidated Company as the Administrative Agent a detailed list of such insurance then in effect on stating the names of the insurance companies, the limits of liability of insurance, the date of this Agreementexpiration thereof, the Property and risks covered thereby and the insured with respect thereto, and, within 60 days after notice in writing from the Administrative Agent, obtain such additional insurance as the Required Lenders may reasonably request as a result of a material change in the circumstances or conditions affecting Parent’s business specifically or its type of business generally, provided that such additional insurance is available at a commercially reasonable cost.
(b) Cause Cause, and cause each of the Consolidated Companies to cause, all properties used or useful in the conduct of its business to be maintained and kept in good condition, repair and working order and supplied with all necessary equipment and will cause to be made all necessary repairs, renewals, replacements, settlements and improvements thereof, all as in the judgment of the Borrowers as Parent may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times times; provided, however, that nothing in this Section 6.06 shall prevent Parent from discontinuing the operation or maintenance of any such properties if such discontinuance is, in the judgment of Parent, desirable in the conduct of its business or the business of any Consolidated Company.
(c) Maintain in full force and except effect all material patents, trademarks, service marks, trade names, copyrights, licenses and other such rights, free from burdensome restrictions, which are necessary for the operation of the businesses of the Consolidated Companies as presently conducted, where a the result of failure to do so could not reasonably be expected to obtain and hold such benefits would have a Materially Adverse Effect;
(c) Net Casualty/Insurance Proceeds must be applied either (i) to the payment of the Olbligations, or (ii) repair and/or restoration of the Collateral within one hundred eighty days (180) days of the recipt of the proceeds of such Casualty or Condemnation. If an Event of Default has occurred and is continuing, the Administrative Agent at the direction of the Required Lenders, shall determine the manner in which the Net Casualty/Insurance Proceeds are to be applied. If the cost to repair the Collateral exceeds $1,000,000, then, in such event, the Credit Party and the Administrative Agent shall mutually determine the manner in which the Net Casualty/Insurance Proceeds are to be applied; provided that, in the event the Credit Party and Administrative Agent do not come to a mutually satisfactory determination of the manner in which the Net/Casualty/Insurance Proceeds are to be applied the Administrative Agent shall make the determination in its reasonable discretion.
Appears in 1 contract
Insurance; Maintenance of Properties. (a) Maintain or cause to be maintained with financially sound and reputable insurers, insurance with respect to its properties and business, and the properties and business of its Restricted Subsidiaries, against loss or damage of the kind kinds customarily insured against by reputable companies in the same or similar businesses, such insurance to be of such types and in such amounts and subject to such deductibles and self-insurance programs as is customary for such companies under similar circumstancesthe Borrower in its judgment deems reasonable; provided, however, that in any event each Borrower shall use its best efforts to maintain, or cause to be maintained, insurance in amounts and with coverages not materially less favorable to the Borrower or any Consolidated Company of its Restricted Subsidiaries as in effect on the date of this Agreement, except where the costs of maintaining such insurance would, in the judgment of the Borrower, be excessive.
(b) Cause Cause, and cause each of the Borrower and its Restricted Subsidiaries to cause, all properties used or useful in the conduct of its business to be maintained and kept in good condition, repair and working order and supplied with all necessary equipment and will cause to be made all necessary repairs, renewals, replacements, settlements and improvements thereof, all as in the judgment of the Borrowers as Borrower may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times and except where a failure to do so could not reasonably be expected to have a Materially Adverse Effect;times; provided, however, that nothing in this Section shall prevent Borrower from discontinuing the operation or maintenance of any such properties if such discontinuance is, in the judgment of Borrower, desirable in the conduct of its business or the business of the Borrower or any of its Restricted Subsidiaries.
(c) Net Casualty/Insurance Proceeds must be applied either (i) Cause a summary, set forth in format and detail reasonably acceptable to the payment Agent, of the Olbligations, types and amounts of insurance (property and liability) maintained by the Borrower and its Restricted Subsidiaries to be delivered to the Agent on or before thirty (ii) repair and/or restoration of the Collateral within one hundred eighty days (18030) days of after the recipt of the proceeds of such Casualty or Condemnation. If an Event of Default has occurred and is continuing, the Administrative Agent at the direction of the Required Lenders, shall determine the manner in which the Net Casualty/Insurance Proceeds are to be applied. If the cost to repair the Collateral exceeds $1,000,000, then, in such event, the Credit Party and the Administrative Agent shall mutually determine the manner in which the Net Casualty/Insurance Proceeds are to be applied; provided that, in the event the Credit Party and Administrative Agent do not come to a mutually satisfactory determination of the manner in which the Net/Casualty/Insurance Proceeds are to be applied the Administrative Agent shall make the determination in its reasonable discretionClosing Date.
Appears in 1 contract
Samples: Credit Agreement (Rock Tenn Co)
Insurance; Maintenance of Properties. (a) Maintain or cause to be maintained with financially sound and reputable insurers, insurance with respect to its properties and business, and the properties and business of its Subsidiaries, against loss or damage of the kind kinds customarily insured against by reputable companies in the same or similar businesses, such insurance to be of such types and in such amounts as is are customary for such companies under similar circumstances; provided, however, that the Credit Parties may self-insure in any event each amounts satisfactory to management. Upon the request of the Administrative Agent, Borrower shall use its best efforts to maintain, or cause to be maintained, file with the Administrative Agent a detailed list of such insurance in amounts and with coverages not materially less favorable to any Consolidated Company as then in effect on stating the names of the insurance companies, the limits of liability of insurance, the date of this Agreementexpiration thereof, the Property and risks covered thereby and the insured with respect thereto, and, within 60 days after notice in writing from the Administrative Agent, obtain such additional insurance as the Required Lenders may reasonably request as a result of a material change in the circumstances or conditions affecting Borrower's business specifically or its type of business generally, provided that such additional insurance is available at a commercially reasonable cost.
(b) Cause Cause, and cause each of the Consolidated Companies to cause, all properties used or useful in the conduct of its business to be maintained and kept in good condition, repair and working order and supplied with all necessary equipment and will cause to be made all necessary repairs, renewals, replacements, settlements and improvements thereof, all as in the judgment of the Borrowers as Borrower may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times and except where a failure to do so could not reasonably be expected to have a Materially Adverse Effect;
(c) Net Casualty/Insurance Proceeds must be applied either (i) to the payment of the Olbligations, or (ii) repair and/or restoration of the Collateral within one hundred eighty days (180) days of the recipt of the proceeds of such Casualty or Condemnation. If an Event of Default has occurred and is continuing, the Administrative Agent at the direction of the Required Lenders, shall determine the manner in which the Net Casualty/Insurance Proceeds are to be applied. If the cost to repair the Collateral exceeds $1,000,000, then, in such event, the Credit Party and the Administrative Agent shall mutually determine the manner in which the Net Casualty/Insurance Proceeds are to be applied; provided that, in the event the Credit Party and Administrative Agent do not come to a mutually satisfactory determination of the manner in which the Net/Casualty/Insurance Proceeds are to be applied the Administrative Agent shall make the determination in its reasonable discretion.connection
Appears in 1 contract
Insurance; Maintenance of Properties. (ai) Maintain or cause to be maintained with financially sound and reputable insurers, insurance with respect to its properties and business, and the properties and business of its Subsidiaries, against loss or damage of the kind kinds customarily insured against by reputable companies in the same or similar businesses, such insurance to be of such types and in such amounts as is are customary for such companies under similar circumstances; provided, however, that in any event each Borrower shall use its best efforts to maintain, or cause to be maintained, insurance ChoicePoint may self-insure in amounts and satisfactory to management. Upon the request of the Agent, ChoicePoint shall file with coverages not materially less favorable to any Consolidated Company as in effect on the Agent a detailed Acord certificate of insurance stating the names of the insxxxxxe companies, the limits of liability of insurance, the date of this Agreementexpiration thereof, the Property and risks covered thereby and the insured with respect thereto, and, within 60 days after notice in writing from the Agent, obtain such additional insurance as the Required Funding Parties may reasonably request as a result of a material change in the circumstances or conditions affecting ChoicePoint's business specifically or its type of business generally, provided that such additional insurance is available at a commercially reasonable cost.
(bii) Cause Cause, and cause each of the Consolidated Companies to cause, all properties used or useful in the conduct of its business to be maintained and kept in good condition, repair and working order and supplied with all necessary equipment and will cause to be made all necessary repairs, renewals, replacements, settlements and improvements thereof, all as in the judgment of the Borrowers as ChoicePoint may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times and except where a failure to do so could not reasonably be expected to have a Materially Adverse Effect;
(ctimes; provided, however, that nothing in this Section 5.1(f) Net Casualty/Insurance Proceeds must be applied either (i) to shall prevent ChoicePoint from discontinuing the payment operation or maintenance of the Olbligations, or (ii) repair and/or restoration of the Collateral within one hundred eighty days (180) days of the recipt of the proceeds of any such Casualty or Condemnation. If an Event of Default has occurred and is continuing, the Administrative Agent at the direction of the Required Lenders, shall determine the manner in which the Net Casualty/Insurance Proceeds are to be applied. If the cost to repair the Collateral exceeds $1,000,000, then, in properties if such event, the Credit Party and the Administrative Agent shall mutually determine the manner in which the Net Casualty/Insurance Proceeds are to be applied; provided thatdiscontinuance is, in the event judgment of ChoicePoint, desirable in the Credit Party conduct of its business or the business of any Consolidated Company.
(iii) Maintain in full force and Administrative Agent do not come to a mutually satisfactory determination effect all material patents, trademarks, service marks, trade names, copyrights, licenses and other such rights, free from burdensome restrictions, which are necessary for the operation of the manner in which businesses of the Net/Casualty/Insurance Proceeds are Consolidated Companies as presently conducted, where the result of failure to be applied the Administrative Agent shall make the determination in its reasonable discretionobtain and hold such benefits would have a Material Adverse Effect.
Appears in 1 contract
Samples: Master Agreement (Choicepoint Inc)
Insurance; Maintenance of Properties. (a) Maintain or cause to be maintained with financially sound and reputable insurers, insurance with respect to its properties and business, and the properties and business of its the Restricted Subsidiaries, against loss or damage of the kind kinds customarily insured against by reputable companies in the same or similar businesses, such insurance to be of such types and in such amounts and subject to such deductibles and self-insurance programs as is customary for such companies under similar circumstancesthe Company in its judgment deems reasonable; provided, however, that in any event each Borrower Borrowers shall use its their best efforts to maintain, or cause to be maintained, insurance in amounts and with coverages not materially less favorable to the Borrowers or any Consolidated Company of the Restricted Subsidiaries as in effect on the date of this Credit Agreement, except where the costs of maintaining such insurance would, in the judgment of the Company, be excessive. The Administrative Agent, in the case of U.S. Collateral, and the Canadian Agent, in the case of Canadian Collateral, shall be named as loss payee or mortgagee, as its interest may appear, and/or additional insured with respect to any such insurance providing coverage in respect of any such Collateral, 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 Agents, that it will give the applicable Agent thirty (30) days prior written notice before any such policy or policies shall be altered or canceled.
(b) Cause Cause, and cause each Restricted Subsidiaries to cause, all properties used or useful in the conduct of its business to be maintained and kept in good condition, repair and working order and supplied with all necessary equipment and will cause to be made all necessary repairs, renewals, replacements, settlements and improvements thereof, all as in the judgment of the Borrowers as Borrower may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times and except where times; provided, however, that nothing in this Section 5.6 shall prevent a failure to do so could not reasonably be expected to have a Materially Adverse Effect;Credit Party from discontinuing the operation or maintenance of any such properties if such discontinuance is, in the judgment of the Company, desirable in the conduct of its business or the business of either Borrower or any of the Restricted Subsidiaries.
(c) Net Casualty/Insurance Proceeds must be applied either (i) Cause a summary, set forth in format and detail reasonably acceptable to the payment Administrative Agent, of the Olbligations, or types and amounts of insurance (iiproperty and liability) repair and/or restoration of maintained by the Collateral within one hundred eighty days (180) days of Borrowers and the recipt of the proceeds of such Casualty or Condemnation. If an Event of Default has occurred and is continuing, Restricted Subsidiaries to be delivered to the Administrative Agent at on or before thirty (30) days after the direction of the Required Lenders, shall determine the manner in which the Net Casualty/Insurance Proceeds are to be applied. If the cost to repair the Collateral exceeds $1,000,000, then, in such event, the Credit Party and the Administrative Agent shall mutually determine the manner in which the Net Casualty/Insurance Proceeds are to be applied; provided that, in the event the Credit Party and Administrative Agent do not come to a mutually satisfactory determination of the manner in which the Net/Casualty/Insurance Proceeds are to be applied the Administrative Agent shall make the determination in its reasonable discretionClosing Date.
Appears in 1 contract
Samples: Credit Agreement (Rock-Tenn CO)
Insurance; Maintenance of Properties. (ai) Maintain or cause to be maintained with financially sound and reputable insurers, insurance with respect to its properties and business, and the properties and business of its Subsidiaries, against loss or damage of the kind kinds customarily insured against by reputable companies in the same or similar businesses, such insurance to be of such types and in such amounts as is are customary for such companies under similar circumstances; provided, however, that in any event each Borrower shall use its best efforts to maintain, or cause to be maintained, insurance ChoicePoint may self-insure in amounts and satisfactory to management. Upon the request of the Agent, ChoicePoint shall file with coverages not materially less favorable to any Consolidated Company as in effect on the Agent a detailed Xxxxx certificate of insurance stating the names of the insurance companies, the limits of liability of insurance, the date of this Agreementexpiration thereof, the Property and risks covered thereby and the insured with respect thereto, and, within 60 days after notice in writing from the Agent, obtain such additional insurance as the Required Funding Parties may reasonably request as a result of a material change in the circumstances or conditions affecting ChoicePoint's business specifically or its type of business generally, provided that such additional insurance is available at a commercially reasonable cost.
(bii) Cause Cause, and cause each of the Consolidated Companies to cause, all properties used or useful in the conduct of its business to be maintained and kept in good condition, repair and working order and supplied with all necessary equipment and will cause to be made all necessary repairs, renewals, replacements, settlements and improvements thereof, all as in the judgment of the Borrowers as ChoicePoint may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times and except where a failure to do so could not reasonably be expected to have a Materially Adverse Effect;
(ctimes; provided, however, that nothing in this Section 5.1(f) Net Casualty/Insurance Proceeds must be applied either (i) to shall prevent ChoicePoint from discontinuing the payment operation or maintenance of the Olbligations, or (ii) repair and/or restoration of the Collateral within one hundred eighty days (180) days of the recipt of the proceeds of any such Casualty or Condemnation. If an Event of Default has occurred and is continuing, the Administrative Agent at the direction of the Required Lenders, shall determine the manner in which the Net Casualty/Insurance Proceeds are to be applied. If the cost to repair the Collateral exceeds $1,000,000, then, in properties if such event, the Credit Party and the Administrative Agent shall mutually determine the manner in which the Net Casualty/Insurance Proceeds are to be applied; provided thatdiscontinuance is, in the event judgment of ChoicePoint, desirable in the Credit Party conduct of its business or the business of any Consolidated Company.
(iii) Maintain in full force and Administrative Agent do not come to a mutually satisfactory determination effect all material patents, trademarks, service marks, trade names, copyrights, licenses and other such rights, free from burdensome restrictions, which are necessary for the operation of the manner in which businesses of the Net/Casualty/Insurance Proceeds are Consolidated Companies as presently conducted, where the result of failure to be applied the Administrative Agent shall make the determination in its reasonable discretionobtain and hold such benefits would have a Material Adverse Effect.
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Samples: Master Agreement (Choicepoint Inc)
Insurance; Maintenance of Properties. (ai) Maintain or cause to be maintained with financially sound and reputable insurers, insurance with respect to its properties and business, and the properties and business of its Subsidiaries, against loss or damage of the kind kinds customarily insured against by reputable companies in the same or similar businesses, such insurance to be of such types and in such amounts as is are customary for such companies under similar circumstances; provided, however, that in any event each Borrower shall use its best efforts to maintain, or cause to be maintained, insurance the Lessee may self-insure in amounts and satisfactory to management. Upon the request of the Agent, Lessee shall file with coverages not materially less favorable to any Consolidated Company as in effect on the Agent a detailed Acorx xxxtificate of insurance stating the names of the insurance companies, the limits of liability of insurance, the date of this Agreementexpiration thereof, the Property and risks covered thereby and the insured with respect thereto, and, within 60 days after notice in writing from the Agent, obtain such additional insurance as the Required Funding Parties may reasonably request as a result of a material change in the circumstances or conditions affecting Lessee's business specifically or its type of business generally, provided that such additional insurance is available at a commercially reasonable cost.
(bii) Cause Cause, and cause each of the Consolidated Companies to cause, all properties used or useful in the conduct of its business to be maintained and kept in good condition, repair and working order and supplied with all necessary equipment and will cause to be made all necessary repairs, renewals, replacements, settlements and improvements thereof, all as in the judgment of the Borrowers as Lessee may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times and except where a failure to do so could not reasonably be expected to have a Materially Adverse Effect;
(ctimes; provided, however, that nothing in this Section 5.1(f) Net Casualty/Insurance Proceeds must be applied either (i) to shall prevent the payment Lessee from discontinuing the operation or maintenance of the Olbligations, or (ii) repair and/or restoration of the Collateral within one hundred eighty days (180) days of the recipt of the proceeds of any such Casualty or Condemnation. If an Event of Default has occurred and is continuing, the Administrative Agent at the direction of the Required Lenders, shall determine the manner in which the Net Casualty/Insurance Proceeds are to be applied. If the cost to repair the Collateral exceeds $1,000,000, then, in properties if such event, the Credit Party and the Administrative Agent shall mutually determine the manner in which the Net Casualty/Insurance Proceeds are to be applied; provided thatdiscontinuance is, in the event the Credit Party and Administrative Agent do not come to a mutually satisfactory determination judgment of the manner Lessee, desirable in the conduct of its business or the business of any Consolidated Company.
(iii) Maintain in full force and effect all material patents, trademarks, service marks, trade names, copyrights, licenses and other such rights, free from burdensome restrictions, which are necessary for the Net/Casualty/Insurance Proceeds are to be applied operation of the Administrative Agent shall make businesses of the determination in its reasonable discretion.Consolidated Companies as presently conducted,
Appears in 1 contract
Samples: Master Agreement (Choicepoint Inc)
Insurance; Maintenance of Properties. (a) Maintain or cause to be maintained with financially sound and reputable insurers, insurance (including business interruption coverage) with respect to its properties and business, and the properties and business of its Subsidiaries, against loss or damage of the kind kinds customarily insured against by reputable companies in the same or similar businesses, such insurance to be of such types and in such amounts as is are customary for such companies under similar circumstances; provided, however, that in any event each Borrower shall use its best efforts to maintain, or cause to be maintained, insurance the Credit Parties may self-insure in amounts and satisfactory to management. Upon the request of the Administrative Agent, Parent shall file with coverages not materially less favorable to any Consolidated Company as the Administrative Agent a detailed list of such insurance then in effect on stating the names of the insurance companies, the limits of liability of insurance, the date of this Agreementexpiration thereof, the Property and risks covered thereby and the insured with respect thereto, and, within 60 days after notice in writing from the Administrative Agent, obtain such additional insurance as the Required Lenders may reasonably request as a result of a material change in the circumstances or conditions affecting Parent’s business specifically or its type of business generally, provided that such additional insurance is available at a commercially reasonable cost.
(b) Cause Cause, and cause each of the Consolidated Companies to cause, all properties used or useful in the conduct of its business to be maintained and kept in good condition, repair and working order and supplied with all necessary equipment and will cause to be made all necessary repairs, renewals, replacements, settlements and improvements thereof, all as in the judgment of the Borrowers as Parent may be necessary so that the business carried on in connection therewith may be properly and advantageously conducted at all times times; provided, however, that nothing in this Section 6.06 shall prevent Parent from discontinuing the operation or maintenance of any such properties if such discontinuance is, in the judgment of Parent, desirable in the conduct of its business or the business of any Consolidated Company.
(c) Maintain in full force and effect all material patents, trademarks, service marks, trade names, copyrights, licenses and other such rights, free from burdensome restrictions, which are necessary for the operation of the businesses of the Consolidated Companies as presently conducted, except where a the result of failure to do so could obtain and hold such benefits would not reasonably be expected to have a Materially Adverse Effect;
(c) Net Casualty/Insurance Proceeds must be applied either (i) to the payment of the Olbligations, or (ii) repair and/or restoration of the Collateral within one hundred eighty days (180) days of the recipt of the proceeds of such Casualty or Condemnation. If an Event of Default has occurred and is continuing, the Administrative Agent at the direction of the Required Lenders, shall determine the manner in which the Net Casualty/Insurance Proceeds are to be applied. If the cost to repair the Collateral exceeds $1,000,000, then, in such event, the Credit Party and the Administrative Agent shall mutually determine the manner in which the Net Casualty/Insurance Proceeds are to be applied; provided that, in the event the Credit Party and Administrative Agent do not come to a mutually satisfactory determination of the manner in which the Net/Casualty/Insurance Proceeds are to be applied the Administrative Agent shall make the determination in its reasonable discretion.
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