Insurance of Collateral. Borrower shall maintain and pay for insurance upon all Collateral wherever located and with respect to the business of Borrower and each of its Subsidiaries, covering casualty, hazard, public liability, workers’ compensation and such other risks in such amounts and with such insurance companies as are reasonably satisfactory to Agent. Borrower shall deliver certified copies of such policies to Agent as promptly as practicable, with satisfactory lender’s loss payable endorsements, naming Agent as a loss payee, assignee or additional insured, as appropriate, as its interest may appear, and showing only such other loss payees, assignees and additional insureds as are satisfactory to Agent. Each policy of insurance or endorsement shall contain a clause requiring the insurer to give not less than 10 days’ prior written notice to Agent in the event of cancellation of the policy for nonpayment of premium and not less than 30 days’ prior written notice to Agent in the event of cancellation of the policy for any other reason whatsoever and a clause specifying that the interest of Agent shall not be impaired or invalidated by any act or neglect of Borrower, any of its Subsidiaries or the owner of the Property or by the occupation of the premises for purposes more hazardous than are permitted by said policy. Borrower agrees to deliver to Agent, promptly as rendered, true copies of all reports made in any reporting forms to insurance companies. All proceeds of business interruption insurance (if any) of Borrower and its Subsidiaries shall be remitted to Agent for application to the outstanding balance of the Revolving Credit Loans. Unless Borrower provides Agent with evidence of the insurance coverage required by this Agreement, Agent may purchase insurance at Co-Borrowers’ expense to protect Agent’s interests in the Properties of Borrower and its Subsidiaries. This insurance may, but need not, protect the interests of Borrower and its Subsidiaries. The coverage that Agent purchases may not pay any claim that Borrower or any Subsidiary makes or any claim that is made against Borrower or any such Subsidiary in connection with said Property. Borrower may later cancel any insurance purchased by Agent, but only after providing Agent with evidence that Borrower and its Subsidiaries have obtained insurance as required by this Agreement. If Agent purchases insurance, Co-Borrowers will be responsible for the costs of that insurance, including interest and any other charges Agent may impose in connection with the placement of insurance, until the effective date of the cancellation or expiration of the insurance. The costs of the insurance shall be added to the Obligations. The costs of the insurance may be more than the cost of insurance that Borrower and its Subsidiaries may be able to obtain on their own.
Appears in 3 contracts
Samples: Loan and Security Agreement (Pw Eagle Inc), Loan and Security Agreement (Pw Eagle Inc), Loan and Security Agreement (Pw Eagle Inc)
Insurance of Collateral. Borrower shall maintain and pay for insurance upon all Collateral wherever located and with respect to the business of Borrower and each of its SubsidiariesGuarantors, covering casualty, hazard, public liability, workers’ ' compensation and such other risks in such amounts and with such insurance companies as are reasonably satisfactory to Agent. Borrower shall deliver certified copies of such policies to Agent as promptly as practicable, with satisfactory lender’s 's loss payable endorsements, naming Agent as a loss payee, assignee payee on any property insurance or business interruption insurance policies and as an additional insured, as appropriate, as its interest may appearinsured on any liability insurance policies, and showing only such other loss payees, assignees and additional insureds as are satisfactory to Agent. Each policy of insurance or endorsement shall contain a clause requiring the insurer to give not less than 10 days’ days prior written notice to Agent in the event of cancellation of the policy for nonpayment of premium and not less than 30 days’ days prior written notice to Agent in the event of cancellation of the policy for any other reason whatsoever and a clause specifying that the interest of Agent shall not be impaired or invalidated by any act or neglect of Borrower, any of its Subsidiaries or the owner of the Property or by the occupation of the premises for purposes more hazardous than are permitted by said policy. Borrower agrees to deliver to Agent, promptly as rendered, true copies of all reports made in any reporting forms to insurance companies. All proceeds of business interruption insurance (if any) of Borrower and its Subsidiaries Guarantors shall be remitted to Agent for application to the outstanding balance of the Revolving Credit Loans. Unless Borrower provides Agent with evidence of the insurance coverage required by this Agreement, Agent may purchase insurance at Co-Borrowers’ Borrower's expense to protect Agent’s 's interests in the Properties of Borrower and its SubsidiariesGuarantors. This insurance may, but need not, protect the interests of Borrower and its SubsidiariesGuarantors. The coverage that Agent purchases may not pay any claim that Borrower or any Subsidiary Guarantor makes or any claim that is made against Borrower or any such Subsidiary Guarantor in connection with said Property. Borrower may later cancel any insurance purchased by Agent, but only after providing Agent with evidence that Borrower and its Subsidiaries Guarantors have obtained insurance as required by this Agreement. If Agent purchases insurance, Co-Borrowers Borrower will be responsible for the costs of that insurance, including interest and any other charges Agent may impose in connection with the placement of insurance, until the effective date of the cancellation or expiration of the insurance. The costs of the insurance shall may be added to the Obligations. The costs of the insurance may be more than the cost of insurance that Borrower and its Subsidiaries Guarantors may be able to obtain on their own.
Appears in 3 contracts
Samples: Loan and Security Agreement (Mobile Mini Inc), Loan and Security Agreement (Mobile Mini Inc), Loan and Security Agreement (Mobile Mini Inc)
Insurance of Collateral. Borrower shall maintain and pay for insurance upon all Collateral wherever located and with respect to the business of Borrower and each of its Subsidiaries, covering casualty, hazard, public liability, workers’ ' compensation and such other risks in such amounts and with such insurance companies as are reasonably satisfactory to Agent. Borrower shall deliver certified copies of such policies to Agent as promptly as practicable, with satisfactory lender’s 's loss payable endorsements, naming Agent as a loss payee, assignee or additional insured, as appropriate, as its interest may appear, and showing only such other loss payees, assignees and additional insureds as are satisfactory to Agent. Each policy of insurance or endorsement shall contain a clause requiring the insurer to give not less than 10 days’ ' prior written notice to Agent in the event of cancellation of the policy for nonpayment of premium and not less than 30 days’ ' prior written notice to Agent in the event of cancellation of the policy for any other reason whatsoever and a clause specifying that the interest of Agent shall not be impaired or invalidated by any act or neglect of Borrower, any of its Subsidiaries or the owner of the Property or by the occupation of the premises for purposes more hazardous than are permitted by said policy. Borrower agrees to deliver to Agent, promptly as rendered, true copies of all reports made in any reporting forms to insurance companies. All proceeds of business interruption insurance (if any) of Borrower and its Subsidiaries shall be remitted to Agent for application to the outstanding balance of the Revolving Credit Loans. Unless Borrower provides Agent with evidence of the insurance coverage required by this Agreement, Agent may purchase insurance at Co-Borrowers’ Borrower's expense to protect Agent’s 's interests in the Properties of Borrower and its Subsidiaries. This insurance may, but need not, protect the interests of Borrower and its Subsidiaries. The coverage that Agent purchases may not pay any claim that Borrower or any Subsidiary makes or any claim that is made against Borrower or any such Subsidiary in connection with said Property. Borrower may later cancel any insurance purchased by Agent, but only after providing Agent with evidence that Borrower and its Subsidiaries have obtained insurance as required by this Agreement. If Agent purchases insurance, Co-Borrowers Borrower will be responsible for the costs of that insurance, including interest and any other charges Agent may impose in connection with the placement of insurance, until the effective date of the cancellation or expiration of the insurance. The costs of the insurance shall may be added to the Obligations. The costs of the insurance may be more than the cost of insurance that Borrower and its Subsidiaries may be able to obtain on their own.
Appears in 3 contracts
Samples: Loan and Security Agreement (Weirton Steel Corp), Loan and Security Agreement (Weirton Steel Corp), Loan and Security Agreement (Weirton Steel Corp)
Insurance of Collateral. Borrower Borrowers shall maintain and pay for insurance upon all Collateral wherever located and with respect to the business of each Borrower and each of its Restricted Subsidiaries, covering casualty, hazard, public liability, workers’ ' compensation and such other risks in such amounts and with such insurance companies as are reasonably satisfactory to Agent. Borrower Borrowers shall deliver certified copies of such policies to Agent as promptly as practicable, with satisfactory lender’s 's loss payable endorsements, naming Agent as a loss payee, assignee or additional insured, as appropriate, as its interest may appear, and showing only such other loss payees, assignees and additional insureds as are satisfactory to Agent. Each policy of insurance or endorsement shall contain a clause requiring the insurer to give not less than 10 days’ ' prior written notice to Agent in the event of cancellation of the policy for nonpayment of premium and not less than 30 days’ ' prior written notice to Agent in the event of cancellation of the policy for any other reason whatsoever and a clause specifying that the interest of Agent shall not be impaired or invalidated by any act or neglect of any Borrower, any of its Restricted Subsidiaries or the owner of the Property or by the occupation of the premises for purposes more hazardous than are permitted by said policy. Borrower agrees Borrowers agree to deliver to Agent, promptly as rendered, true copies of all reports made in any reporting forms to insurance companies. All proceeds of business interruption insurance (if any) of each Borrower and its Restricted Subsidiaries shall be remitted to Agent for application to the outstanding balance of the Revolving Credit Loans. By its execution of this Agreement, Agent acknowledges that, as of the date hereof, the insurance coverages of Borrowers and the Restricted Subsidiaries are satisfactory to Agent in its reasonable judgment. Unless Borrower provides Borrowers provide Agent with evidence of the insurance coverage required by this Agreement, Agent may purchase insurance at Co-Borrowers’ ' joint and several expense to protect Agent’s 's interests in the Properties of each Borrower and its Restricted Subsidiaries. This insurance may, but need not, protect the interests of each Borrower and its Restricted Subsidiaries. The coverage that Agent purchases may not pay any claim that a Borrower or any Restricted Subsidiary makes or any claim that is made against a Borrower or any such Restricted Subsidiary in connection with said Property. Borrower Borrowers may later cancel any insurance purchased by Agent, but only after providing Agent with evidence that Borrower Borrowers and its their Restricted Subsidiaries have obtained insurance as required by this Agreement. If Agent purchases insurance, Co-Borrowers will be jointly and severally responsible for the costs of that insurance, including interest and any other charges Agent may impose in connection with the placement of insurance, until the effective date of the cancellation or expiration of the insurance. The costs of the insurance shall may be added to the Obligations. The costs of the insurance may be more than the cost of insurance that Borrower Borrowers and its the Restricted Subsidiaries may be able to obtain on their own.
Appears in 2 contracts
Samples: Loan and Security Agreement (Kinetek Inc), Loan and Security Agreement (Kinetek Inc)
Insurance of Collateral. Each Borrower shall maintain and pay for insurance upon all Collateral wherever located and with respect to the business of each Borrower and each of its Subsidiaries, covering casualty, hazard, public liability, workers’ ' compensation and such other risks in such amounts and with such insurance companies as are reasonably satisfactory to Agent. Borrower Representative shall deliver certificates of insurance or certified copies of such policies to Agent as promptly as practicable, with satisfactory lender’s 's loss payable endorsements, naming Agent, Canadian Agent or U.K. Agent, as applicable, as a loss payee, assignee or additional insured, as appropriate, as its interest may appear, and showing only such other loss payees, assignees and additional insureds as are satisfactory to Agent. Each policy of insurance or endorsement shall contain a clause requiring the insurer to give not less than 10 days’ ' prior written notice to Agent in the event of cancellation of the policy for nonpayment of premium and not less than 30 days’ ' prior written notice to Agent in the event of cancellation of the policy for any other reason whatsoever and a clause specifying that the interest of Agent shall not be impaired or invalidated by any act or neglect of any Borrower, any Subsidiary of its Subsidiaries any Borrower or the owner of the Property or by the occupation of the premises for purposes more hazardous than are permitted by said policy. Borrower Representative agrees to deliver to Agent, promptly as renderedupon request of Agent, true copies of all reports made in any reporting forms to insurance companies. All proceeds of business interruption insurance (if any) of any Borrower and or its Subsidiaries shall be remitted to the applicable Agent for application to the outstanding balance of the Revolving Credit Loans. Unless Borrower provides Borrowers provide Agent with evidence of the insurance coverage required by this Agreement, Agent may purchase insurance at Co-Borrowers’ the applicable Borrower's expense to protect Agent’s Agents' interests in the Properties of Borrower Borrowers and its their Subsidiaries. This insurance may, but need not, protect the interests of Borrower Borrowers and its their Subsidiaries. The coverage that Agent purchases may not pay any claim that any Borrower or any Subsidiary makes or any claim that is made against any Borrower or any such Subsidiary in connection with said Property. Borrower Borrowers may later cancel any insurance purchased by Agent, but only after providing Agent with evidence that Borrower Borrowers and its their Subsidiaries have obtained insurance as required by this Agreement. If Agent purchases insurance, Co-Borrowers the applicable Borrower will be responsible for the costs of that insurance, including interest and any other charges Agent Agents may impose in connection with the placement of insurance, until the effective date of the cancellation or expiration of the insurance. The costs of the insurance shall may be added to the Obligations. The costs of the insurance may be more than the cost of insurance that Borrower Borrowers and its their Subsidiaries may be able to obtain on their own.
Appears in 2 contracts
Samples: Loan Agreement (Katy Industries Inc), Loan Agreement (Katy Industries Inc)
Insurance of Collateral. Borrower Each Grantor shall maintain and pay for insurance upon all Collateral wherever located and with respect to the business of Borrower and each of its Subsidiariessuch Grantor, covering casualty, hazard, public liability, workers’ ' compensation and such other risks in such amounts and with such insurance companies as are reasonably satisfactory to Agent. Borrower Such Grantor shall deliver certified copies of such policies to Agent as promptly as practicable, with satisfactory lender’s 's loss payable endorsements, naming Agent as a loss payee, assignee payee on any property insurance or business interruption insurance policies and as an additional insured, as appropriate, as its interest may appearinsured on any liability insurance policies, and showing only such other loss payees, assignees and additional insureds as are satisfactory to Agent. Each policy of insurance or endorsement shall contain a clause requiring the insurer to give not less than 10 days’ ' prior written notice to Agent in the event of cancellation of the policy for nonpayment of premium and not less than 30 days’ ' prior written notice to Agent in the event of cancellation of the policy for any other reason whatsoever and a clause specifying that the interest of Agent shall not be impaired or invalidated by any act or neglect of Borrowersuch Grantor, any of its Subsidiaries or the owner of the Property or by the occupation of the premises for purposes more hazardous than are permitted by said policy. Borrower Such Grantor agrees to deliver to Agent, promptly as rendered, true copies of all reports made in any reporting forms to insurance companies. All proceeds of business interruption insurance (if any) of Borrower and its Subsidiaries shall be remitted to Agent for application to the outstanding balance of the Revolving Credit Loans. Unless Borrower such Grantor provides Agent with evidence of the insurance coverage required by this Agreement, Agent may purchase insurance at Co-Borrowers’ such Grantor's expense to protect Agent’s 's interests in the Properties of Borrower and its Subsidiariessuch Grantor. This insurance may, but need not, protect the interests of Borrower and its Subsidiariessuch Grantor. The coverage that Agent purchases may not pay any claim that Borrower or any Subsidiary such Grantor makes or any claim that is made against Borrower or any such Subsidiary Grantor in connection with said Property. Borrower Such Grantor may later cancel any insurance purchased by Agent, but only after providing Agent with evidence that Borrower and its Subsidiaries have such Grantor has obtained insurance as required by this Agreement. If Agent purchases insurance, Co-Borrowers such Grantor will be responsible for the costs of that insurance, including interest and any other charges Agent may impose in connection with the placement of insurance, until the effective date of the cancellation or expiration of the insurance. The costs of the insurance shall may be added to the Obligations. The costs of the insurance may be more than the cost of insurance that Borrower and its Subsidiaries such Grantor may be able to obtain on their its own.
Appears in 2 contracts
Samples: Subsidiary Security Agreement (Mobile Mini Inc), Subsidiary Security Agreement (Mobile Mini Inc)
Insurance of Collateral. Each Borrower shall maintain and pay for insurance upon all Collateral wherever located and with respect to the business of such Borrower and each of its Subsidiaries, covering casualty, hazard, public liability, workers’ ' compensation and such other risks in such amounts and with such insurance companies as are reasonably satisfactory to Agent. Each Borrower shall deliver certified copies of such policies to Agent as promptly as practicable, with satisfactory lender’s 's loss payable endorsements, naming Agent as a loss payee, assignee or additional insured, as appropriate, as its interest may appear, and showing only such other loss payees, assignees and additional insureds as are satisfactory to Agent. Each policy of insurance or endorsement shall contain a clause requiring the insurer to give not less than 10 days’ ' prior written notice to Agent in the event of cancellation of the policy for nonpayment of premium and not less than 30 days’ ' prior written notice to Agent in the event of cancellation of the policy for any other reason whatsoever and a clause specifying that the interest of Agent shall not be impaired or invalidated by any act or neglect of any Borrower, any of its Subsidiaries or the owner of the Property or by the occupation of the premises for purposes more hazardous than are permitted by said policy. Borrower Representative agrees to deliver to Agent, as promptly as rendered, true copies of all reports made in any reporting forms to insurance companies. All proceeds of business interruption insurance (if any) of any Borrower and its Subsidiaries shall be remitted to Agent for application to the outstanding balance of the Revolving Credit Loans. Unless each Borrower provides Agent with evidence of the insurance coverage required by this Agreement, Agent may purchase insurance at Co-Borrowers’ such Borrower's expense to protect Agent’s 's interests in the Properties of such Borrower and its Subsidiaries. This insurance may, but need not, protect the interests of such Borrower and its Subsidiaries. The coverage that Agent purchases may not pay any claim that such Borrower or any Subsidiary makes or any claim that is made against such Borrower or any such Subsidiary in connection with said Property. Such Borrower may later cancel any insurance purchased by Agent, but only after providing Agent with evidence that such Borrower and its Subsidiaries have obtained insurance as required by this Agreement. If Agent purchases insurance, Co-Borrowers such Borrower will be responsible for the costs of that insurance, including interest and any other charges Agent may impose in connection with the placement of insurance, until the effective date of the cancellation or expiration of the insurance. The costs of the insurance shall may be added to the Obligations. The costs of the insurance may be more than the cost of insurance that such Borrower and its Subsidiaries may be able to obtain on their own.
Appears in 2 contracts
Samples: Loan and Security Agreement (D & K Healthcare Resources Inc), Loan and Security Agreement (D & K Healthcare Resources Inc)
Insurance of Collateral. Borrower Borrowers shall maintain and pay for insurance upon all Collateral wherever located and with respect to the business of Borrower Borrowers and each of its their Subsidiaries, covering casualty, hazard, public liability, workers’ ' compensation and such other risks in such amounts and with such insurance companies at least to the same extent as are such insurance is in place as of the Closing Date and as is reasonably satisfactory to Agent. Borrower Borrowers shall deliver certified copies of such policies to Agent as promptly as practicable, with satisfactory lender’s 's loss payable and mortgagee endorsements, naming Agent as a loss payee, assignee or additional insured, as appropriate, as its interest may appear, and showing only such other loss payees, assignees and additional insureds as are satisfactory to Agent. Each policy of insurance or endorsement shall contain a clause requiring the insurer to give not less than 10 days’ ' prior written notice to Agent in the event of cancellation of the policy for nonpayment of premium and not less than 30 days’ ' prior written notice to Agent in the event of cancellation of the policy for any other reason whatsoever and a clause specifying that the interest of Agent shall not be impaired or invalidated by any act or neglect of any Borrower, any of its Subsidiaries or the owner of the Property or by the occupation of the premises for purposes more hazardous than are permitted by said policy. Borrower agrees Borrowers agree to deliver to Agent, promptly as rendered, true copies of all reports made in any reporting forms to insurance companies. All proceeds of business interruption insurance (if any) of Borrower Borrowers and its their Subsidiaries shall be remitted to Agent for application to the outstanding balance of the Revolving Credit Loans. Agent acknowledges that Borrowers' insurance in force on the Closing Date as evidenced by the certificates of insurance delivered by Borrowers to Agent on the Closing Date is acceptable to Agent as of the Closing Date. Unless Borrower provides Borrowers provide Agent with evidence of the insurance coverage required by this Agreement, Agent may purchase insurance at Co-Borrowers’ ' expense to protect Agent’s 's interests in the Properties of Borrower Borrowers and its their Subsidiaries. This insurance may, but need not, protect the interests of Borrower Borrowers and its their Subsidiaries. The coverage that Agent purchases may might not pay any claim that Borrower Borrowers or any Subsidiary makes or any claim that is made against any Borrower or any such Subsidiary in connection with said Property. Borrower Borrowers may later cancel any insurance purchased by Agent, but only after providing Agent with evidence that Borrower Borrowers and its their Subsidiaries have obtained insurance as required by this Agreement. If Agent purchases insurance, Co-Borrowers will be responsible for the costs of that insurance, including interest and any other charges Agent may impose in connection with the placement of insurance, until the effective date of the cancellation or expiration of the insurance. The costs of the insurance shall may be added to the Obligations. The costs of the insurance may be more than the cost of insurance that Borrower Borrowers and its their Subsidiaries may be able to obtain on their own. During the 2004 insurance policy year, Borrowers shall use its commercially reasonable best efforts to modify the term of each of Borrowers' umbrella or excess coverage insurance policies so that such terms shall be concurrent with the terms of the corresponding primary insurance policies. To the extent Borrowers are unable to make such policies concurrent in 2004, Borrowers shall use such commercially reasonable efforts in each successive year to achieve such results until successful.
Appears in 2 contracts
Samples: Loan and Security Agreement (Velocity Express Corp), Loan and Security Agreement (Velocity Express Corp)
Insurance of Collateral. Borrower shall maintain and pay for insurance upon all Collateral wherever located and with respect to the business of Borrower and each of its SubsidiariesBorrower's business, covering casualty, hazard, public liability, workers’ compensation product recall and such other risks in such amounts and with such insurance companies as are reasonably satisfactory to AgentLender. Borrower shall deliver the originals or certified copies of such policies to Agent as promptly as practicable, Lender with satisfactory lender’s 's loss payable endorsements, endorsements naming Agent Lender as a sole loss payee, assignee or additional insured, as appropriate, as its interest may appear, and showing only such other loss payees, assignees and additional insureds as are satisfactory to Agent. Each policy of insurance or endorsement shall contain a clause requiring the insurer to give not less than 10 days’ thirty (30) days prior written notice to Agent in the event of cancellation of the policy for nonpayment of premium and not less than 30 days’ prior written notice to Agent Lender in the event of cancellation of the policy for any other reason whatsoever other than non-payment and ten (10) days prior written notice to Lender in the even of cancellation of the policy for non-payment of premium and a clause specifying that the interest of Agent Lender shall not be impaired or invalidated by any act or neglect of Borrower, any of its Subsidiaries Borrower or the owner of the Property or by the occupation of the premises for purposes more hazardous than are permitted by said policy. If Borrower fails to provide and pay for such insurance, Lender may, at its option, but shall not be required to, procure the same and charge Borrower therefor. Borrower agrees to deliver to AgentLender, promptly as rendered, true copies of all reports made in any reporting forms to insurance companies. In addition to the insurance required herein with respect to the Collateral, Borrower shall maintain, with financially sound and reputable insurers, insurance with respect to its Property and business against such casualties and contingencies of such type (including product liability, product recall, business interruption, larceny, embezzlement, or other criminal misappropriation insurance) and in such amounts as is customary in the business of Borrower, or as otherwise required by Lender. All proceeds of business interruption insurance (if any) received by Borrower or Lender on account of Borrower and its Subsidiaries any casualty to the Collateral or other insured risk in which Lender has an insurable interest shall be applied as follows:
(i) if an Event of Default exists, all such insurance proceeds shall, at Lender's option, be deemed Net Proceeds and paid to Lender as a mandatory prepayment of the Loans; and
(ii) if no Event of Default exists, all such insurance proceeds of any claim of less than $25,000 shall be released to Borrower for the purpose of Borrower's repairing, replacing or restoring the damaged or destroyed Collateral (and, if replaced, the replacement Collateral shall be subject to Lender's duly perfected Lien therein and no other Liens), and all such insurance proceeds of any claim of more than $25,000 shall be, in Lender's sole discretion, (a) remitted to Agent Lender for application to the outstanding balance of the Revolving Credit Loans. Unless Obligations, or (b) released to Borrower provides Agent with evidence of the insurance coverage required by this Agreement, Agent may purchase insurance at Co-Borrowers’ expense to protect Agent’s interests in the Properties of Borrower and its Subsidiaries. This insurance may, but need not, protect the interests of Borrower and its Subsidiaries. The coverage that Agent purchases may not pay any claim that Borrower or any Subsidiary makes or any claim that is made against Borrower or any such Subsidiary in connection with said Property. Borrower may later cancel any insurance purchased by Agent, but only after providing Agent with evidence that Borrower and its Subsidiaries have obtained insurance as required by this Agreement. If Agent purchases insurance, Co-Borrowers will be responsible for the costs of that insurance, including interest and any other charges Agent may impose in connection with the placement of insurance, until the effective date of the cancellation or expiration of the insurance. The costs of the insurance shall be added to the Obligations. The costs of the insurance may be more than the cost of insurance that Borrower and its Subsidiaries may be able to obtain on their ownaforesaid purpose.
Appears in 1 contract
Samples: Loan Agreement (Fresh Foods Inc)
Insurance of Collateral. Borrower Borrowers shall maintain and pay for ----------------------- insurance upon all Collateral wherever located and with respect to the business of each Borrower and each of its Subsidiaries, covering casualty, hazard, public liability, workers’ compensation ' compensation, business interruption and such other risks in such amounts and with such insurance companies as are reasonably satisfactory to Agent. Borrower Borrowers shall deliver certified copies of such policies to Agent as promptly as practicable, with satisfactory lender’s 's loss payable endorsements, naming Agent as a loss payee, assignee or additional insured, as appropriate, as its interest may appear, and showing only such other loss payees, assignees and additional insureds as are satisfactory to AgentAgent and with respect to business interruption insurance, an executed collateral assignment thereof. Each policy of insurance or endorsement shall contain a clause requiring the insurer to give not less than 10 ten (10) days’ ' prior written notice to Agent in the event of cancellation of the policy for nonpayment of premium and not less than 30 thirty (30) days’ ' prior written notice to Agent in the event of cancellation of the policy for any other reason whatsoever and a clause specifying that the interest of Agent shall not be impaired or invalidated by any act or neglect of any Borrower, any of its Subsidiaries or the owner of the Property or by the occupation of the premises for purposes more hazardous than are permitted by said policy. Borrower agrees Borrowers agree to deliver to Agent, promptly as rendered, true copies of all reports made in any reporting forms to insurance companies. All proceeds of business interruption insurance (if any) of each Borrower and its Subsidiaries shall be remitted to Agent for application to the outstanding balance of the Revolving Credit Loans. Unless Borrower provides Borrowers provide Agent with evidence of the insurance coverage required by this Agreement, Agent may purchase insurance at Co-Borrowers’ ' joint and several expense to protect Agent’s 's interests in the Properties of each Borrower and its Subsidiaries. This insurance may, but need not, protect the interests of each Borrower and its Subsidiaries. The coverage that Agent purchases may not pay any claim that a Borrower or any Subsidiary of such Borrower makes or any claim that is made against a Borrower or any such Subsidiary in connection with said Property. Borrower Borrowers may later cancel any insurance purchased by Agent, but only after providing Agent with evidence that Borrower Borrowers and its their Subsidiaries have obtained insurance as required by this Agreement. If Agent purchases insurance, Co-Borrowers will be jointly and severally responsible for the costs of that insurance, including interest and any other charges Agent may impose in connection with the placement of insurance, until the effective date of the cancellation or expiration of the insurance. The costs of the insurance shall may be added to the Obligations. The costs of the insurance may be more than the cost of insurance that Borrower Borrowers and its the Subsidiaries may be able to obtain on their own.
Appears in 1 contract
Samples: Loan and Security Agreement (Falcon Products Inc /De/)
Insurance of Collateral. Each Borrower shall maintain and pay for insurance upon all Collateral (including, without limitation, credit insurance for accounts receivable) wherever located and with respect to the business of such Borrower and each of its Subsidiaries, covering casualty, hazard, public liability, workers’ ' compensation and such other risks in such amounts and with such insurance companies as are reasonably satisfactory to Agent. Each Borrower shall deliver certified copies of such policies to Agent as promptly as practicable, with satisfactory lender’s 's loss payable endorsements, naming Agent as a loss payee, assignee or additional insured, as appropriate, as its interest may appear, and showing only such other loss payees, assignees and additional insureds as are satisfactory to Agent. Each policy of insurance or endorsement shall contain a clause requiring the insurer to give not less than 10 30 days’ ' prior written notice to Agent in the event of cancellation of the policy for nonpayment of premium and not less than 30 days’ ' prior written notice to Agent in the event of cancellation of the policy for any other reason whatsoever and a clause specifying that the interest of Agent shall not be impaired or invalidated by any act or neglect of BorrowerBorrowers, any of its their Subsidiaries or the owner of the Property or by the occupation of the premises for purposes more hazardous than are permitted by said policy. Each Borrower agrees to deliver to Agent, promptly as rendered, true copies of all reports made in any reporting forms to insurance companies. All proceeds of business interruption insurance (if any) of Borrower Borrowers and its their Subsidiaries shall be remitted to Agent for application to the outstanding balance of the Revolving Credit Loans. Unless each Borrower provides Agent with evidence of the insurance coverage required by this Agreement, Agent may purchase insurance at Co-Borrowers’ such Borrower's expense to protect Agent’s 's interests in the Properties of such Borrower and its Subsidiaries. This insurance may, but need not, protect the interests of each Borrower and its Subsidiaries. The coverage that Agent purchases may not pay any claim that Borrower Borrowers or any Subsidiary makes or any claim that is made against Borrower Borrowers or any such Subsidiary in connection with said Property. Borrower Borrowers may later cancel any insurance purchased by Agent, but only after providing Agent with evidence that Borrower Borrowers and its their Subsidiaries have obtained insurance as required by this Agreement. If Agent purchases insurance, Co-Borrowers will be responsible for the costs of that insurance, including interest and any other charges Agent may impose in connection with the placement of insurance, until the effective date of the cancellation or expiration of the insurance. The costs of the insurance shall may be added to the Obligations. The costs of the insurance may be more than the cost of insurance that Borrower Borrowers and its their Subsidiaries may be able to obtain on their own.
Appears in 1 contract
Insurance of Collateral. Borrower Issuer shall, and shall cause each Guarantor to, maintain and pay for insurance upon all Collateral wherever located and with respect to the business of Borrower the Issuer and each of its SubsidiariesGuarantor, covering casualty, hazard, public liability, workers’ ' compensation and such other risks in such amounts and with such insurance companies as are reasonably satisfactory to AgentTrustee. Borrower The Issuer shall, and shall cause each Guarantor to, deliver certified copies of such policies to Agent Trustee as promptly as practicable, with satisfactory lender’s 's loss payable endorsements, naming Agent Trustee as a loss payee, assignee or additional insured, as appropriate, as its interest may appear, and showing only such other loss payees, assignees and additional insureds as are satisfactory to AgentTrustee. Each policy of insurance or endorsement shall contain a clause requiring the insurer to give not less than 10 days’ ' prior written notice to Agent Trustee in the event of cancellation of the policy for nonpayment of premium and not less than 30 days’ ' prior written notice to Agent Trustee in the event of cancellation of the policy for any other reason whatsoever and a clause specifying that the interest of Agent Trustee shall not be impaired or invalidated by any act or neglect of Borrowerthe Issuer, any of its Subsidiaries Guarantor or the owner of the Property or by the occupation of the premises for purposes more hazardous than are permitted by said policy. Borrower agrees The Issuer agrees, and shall cause each Guarantor to agree, to deliver to AgentTrustee, promptly as rendered, true copies of all reports made in any reporting forms to insurance companies. All proceeds of business interruption insurance (if any) of Borrower and its Subsidiaries shall be remitted to Agent for application to the outstanding balance of the Revolving Credit Loans. Unless Borrower provides Agent Issuer or Guarantors provide Trustee with evidence of the insurance coverage required by this Agreement, Agent Trustee may purchase insurance at Co-Borrowers’ the Issuer's expense to protect Agent’s Trustee's interests in the Properties of Borrower the Issuer and its SubsidiariesGuarantors. This insurance may, but need not, protect the interests of Borrower the Issuer and its Subsidiarieseach of the Guarantors. The coverage that Agent Trustee purchases may not pay any claim that Borrower the Issuer or any Subsidiary Guarantor makes or any claim that is made against Borrower the Issuer or any such Subsidiary Guarantor in connection with said Property. Borrower The Issuer or Guarantors may later cancel any insurance purchased by AgentTrustee, but only after providing Agent Trustee with evidence that Borrower and its Subsidiaries the Issuer or Guarantors have obtained insurance as required by this Agreement. If Agent Trustee purchases insurance, Co-Borrowers the Issuer and Guarantors will be jointly and severally responsible for the costs of that insurance, including interest and any other charges Agent Trustee may impose in connection with the placement of insurance, until the effective date of the cancellation or expiration of the insurance. The costs of the insurance shall may be added to the Obligations. The costs of the insurance may be more than the cost of insurance that Borrower the Issuer and its Subsidiaries each of the Guarantors may be able to obtain on their own.
Appears in 1 contract
Samples: Security Agreement (Kinetek Inc)
Insurance of Collateral. Borrower Borrowers shall maintain and pay for insurance upon all Collateral wherever located and with respect to the business of Borrower Borrowers and each of its their Subsidiaries, covering casualty, hazard, public liability, workers’ ' compensation and such other risks in such amounts and with such insurance companies as are reasonably satisfactory to Agent. Borrower Borrowers shall deliver certified copies of such policies to Agent as promptly as practicable, with satisfactory lender’s 's loss payable endorsements, naming Agent as a loss payee, assignee or additional insured, as appropriate, as its interest may appear, and showing only such other loss payees, assignees and additional insureds as are satisfactory to Agent. Each policy of insurance or endorsement shall contain a clause requiring the insurer to give not less than 10 days’ ' prior written notice to Agent in the event of cancellation of the policy for nonpayment of premium and not less than 30 days’ ' prior written notice to Agent in the event of cancellation of the policy for any other reason whatsoever and a clause specifying that the interest of Agent shall not be impaired or invalidated by any act or neglect of any Borrower, any of its Subsidiaries or the owner of the Property or by the occupation of the premises for purposes more hazardous than are permitted by said policy. Borrower agrees Borrowers agree to deliver to Agent, promptly as rendered, true copies of all reports made in any reporting forms to insurance companies. All proceeds of business interruption insurance (if any) of Borrower Borrowers and its their Subsidiaries shall be remitted to Agent for application to the outstanding balance of the Revolving Credit Loans. Unless Borrower provides Borrowers provide Agent with evidence of the insurance coverage required by this Agreement, Agent may purchase insurance at Co-Borrowers’ ' expense to protect Agent’s 's interests in the Properties of Borrower Borrowers and its their Subsidiaries. This insurance may, but need not, protect the interests of Borrower Borrowers and its their Subsidiaries. The coverage that Agent purchases may not pay any claim that any Borrower or any Subsidiary makes or any claim that is made against any Borrower or any such Subsidiary in connection with said Property. Borrower Borrowers may later cancel any insurance purchased by Agent, but only after providing Agent with evidence that Borrower Borrowers and its their Subsidiaries have obtained insurance as required by this Agreement. If Agent purchases insurance, Co-Borrowers will be responsible for the costs of that insurance, including interest and any other charges Agent may impose in connection with the placement of insurance, until the effective date of the cancellation or expiration of the insurance. The costs of the insurance shall may be added to the Obligations. The costs of the insurance may be more than the cost of insurance that Borrower Borrowers and its their Subsidiaries may be able to obtain on their own.
Appears in 1 contract
Insurance of Collateral. Borrower shall maintain and pay ----------------------- for insurance upon all Collateral (other than Pledged Contracts) wherever located and with respect to the business of Borrower and each of its SubsidiariesBorrower's business, covering casualty, hazard, public liability, workers’ compensation liability and such other risks in such amounts and with such insurance companies as are reasonably satisfactory to AgentLender. The requirements for such insurance shall be consistent with the insurance that Borrower previously maintained under the terms of the Prior Loan Agreement. In addition, Borrower shall, at its own expense, obtain a security bond covering all of its employees, which are designated by Borrower to deliver to the Custodian and remove from the possession of the Custodian any Pledged Contracts and Auto Titles, in such amounts and with such insurance companies as are reasonably satisfactory to Lender. As with Borrower's insurance, the requirements for a security bond shall be consistent with the security bond that Borrower previously maintained under the terms of the Prior Loan Agreement. Borrower shall deliver certified copies of the originals of such policies to Agent as promptly as practicable, Lender with satisfactory lender’s 's loss payable endorsements, naming Agent Lender as a loss payee, assignee or additional insured, as appropriate, and as its interest Lender's interests may appear, and showing only such other loss payees, assignees and additional insureds as are satisfactory to Agent. Each policy of insurance or endorsement shall contain a clause requiring the insurer to give not less than 10 days’ 30 days prior written notice to Agent in the event of cancellation of the policy for nonpayment of premium and not less than 30 days’ prior written notice to Agent Lender in the event of cancellation of the policy for any other reason whatsoever and a clause specifying that the interest of Agent Lender shall not be impaired or invalidated by any act or neglect of Borrower, any of its Subsidiaries Borrower or the owner of the Property or by the occupation of the premises for purposes more hazardous than are permitted by said policy. If Borrower fails to provide and pay for such insurance, Lender may, at its option, but shall not be required to, procure the same at competitive market rates and charge Borrower therefor. Borrower agrees to deliver to AgentLender, promptly as rendered, true copies of all reports made in any reporting forms to insurance companies. All proceeds of business interruption insurance (if any) of Borrower and its Subsidiaries shall be remitted to Agent for application to the outstanding balance of the Revolving Credit Loans. Unless Borrower provides Agent with evidence of the insurance coverage required by this Agreement, Agent may purchase insurance at Co-Borrowers’ expense to protect Agent’s interests in the Properties of Borrower and its Subsidiaries. This insurance may, but need not, protect the interests of Borrower and its Subsidiaries. The coverage that Agent purchases may not pay any claim that Borrower or any Subsidiary makes or any claim that is made against Borrower or any such Subsidiary in connection with said Property. Borrower may later cancel any insurance purchased by Agent, but only after providing Agent with evidence that Borrower and its Subsidiaries have obtained insurance as required by this Agreement. If Agent purchases insurance, Co-Borrowers will be responsible for the costs of that insurance, including interest and any other charges Agent may impose in connection with the placement of insurance, until the effective date of the cancellation or expiration of the insurance. The costs of the insurance shall be added to the Obligations. The costs of the insurance may be more than the cost of insurance that Borrower and its Subsidiaries may be able to obtain on their own.
Appears in 1 contract
Insurance of Collateral. Borrower shall maintain and pay pay, and cause each Subsidiary to maintain and pay, for insurance upon all Collateral wherever located and with respect to the business of Borrower Borrower's and each of its Subsidiaries' business, covering casualty, hazard, public liability, workers’ compensation liability and such other risks in such amounts and with such insurance companies as are reasonably satisfactory to Agentis carried by prudent owners of similar assets engaged in similar operations (at the time of issue of the policies in question) and approved by Lender. Borrower or such Subsidiary shall deliver the originals or certified copies of such policies to Agent as promptly as practicable, Lender with satisfactory lender’s 's loss payable endorsements, naming Agent which policies shall name Lender as a loss payee, assignee or additional insured, as appropriate, as its interest may appear, and showing only such other loss payees, assignees and additional insureds as are satisfactory to Agent. Each policy of insurance or endorsement shall contain a clause requiring the insurer to give not less than 10 days’ thirty (30) days prior written notice to Agent in the event of cancellation of the policy for nonpayment of premium and not less than 30 days’ prior written notice to Agent Lender in the event of cancellation of the policy for any other reason whatsoever whatsoever, unless such cancellation is a result of non-payment of premiums in which case 10 days prior written notice shall be given to Lender, and a clause specifying that the interest of Agent Lender shall not be impaired or invalidated regardless of any breach of or violation by Borrower or a Subsidiary of any act warranties, declarations or neglect of Borrower, any of its Subsidiaries or the owner of the Property or by the occupation of the premises for purposes more hazardous than are permitted by conditions contained in said policy. If Borrower agrees or a Subsidiary fails to provide and pay for such insurance, Lender may, at its option, but shall not be required to, procure the same and charge Borrower therefor. Borrower agrees, and shall cause each Subsidiary as applicable, to deliver to AgentLender, promptly as rendered, true copies of all reports made in any reporting forms to insurance companies. All proceeds of business interruption insurance (if any) of Borrower and its Subsidiaries shall be remitted to Agent for application to the outstanding balance of the Revolving Credit Loans. Unless Borrower provides Agent with evidence of the insurance coverage required by this Agreement, Agent may purchase insurance at Co-Borrowers’ expense to protect Agent’s interests in the Properties of Borrower and its Subsidiaries. This insurance may, but need not, protect the interests of Borrower and its Subsidiaries. The coverage that Agent purchases may not pay any claim that Borrower or any Subsidiary makes or any claim that is made against Borrower or any such Subsidiary in connection with said Property. Borrower may later cancel any insurance purchased by Agent, but only after providing Agent with evidence that Borrower and its Subsidiaries have obtained insurance as required by this Agreement. If Agent purchases insurance, Co-Borrowers will be responsible for the costs of that insurance, including interest and any other charges Agent may impose in connection with the placement of insurance, until the effective date of the cancellation or expiration of the insurance. The costs of the insurance shall be added to the Obligations. The costs of the insurance may be more than the cost of insurance that Borrower and its Subsidiaries may be able to obtain on their own.
Appears in 1 contract
Samples: Loan and Security Agreement (Bayard Drilling Technologies Inc)
Insurance of Collateral. Each Borrower shall maintain and pay for insurance upon all Collateral Collateral, wherever located and with respect to the business of Borrower and each of its Subsidiarieslocated, covering casualty, hazard, public liability, workers’ compensation theft, malicious mischief, and such other risks in such amounts and with such insurance companies as are reasonably satisfactory to Agent. Agent and Lenders acknowledge that the insurance coverage maintained by Borrowers as of the date hereof is acceptable as of the date hereof based upon Borrowers' current businesses. All proceeds payable under each such policy shall be payable to Agent for application to the Obligations. Each Borrower shall deliver the originals or certified copies of such policies to Agent as promptly as practicable, with satisfactory lender’s 's loss payable endorsementsendorsements reasonably satisfactory to Agent, naming Agent as a sole loss payee, assignee or additional insured, as appropriate, as its interest may appear, and showing only such other loss payees, assignees and additional insureds as are satisfactory to Agent. Each policy of insurance or endorsement shall contain a clause requiring the insurer to give not less than 10 days’ prior written notice to Agent in the event of cancellation of the policy for nonpayment of premium and not less than 30 days’ days prior written notice to Agent in the event of cancellation of the policy for any other reason whatsoever and a clause specifying that the interest of Agent shall not be impaired or invalidated by any act or neglect of Borrower, any of its Subsidiaries Borrower or the owner of the Property or by the occupation of the premises for purposes more hazardous than are permitted by said policy. If any Borrower fails to provide and pay for such insurance, Agent may, at its option, but shall not be required to, procure the same and charge each Borrower therefor. Each Borrower agrees to deliver to Agent, promptly as rendered, true copies of all reports made in any reporting forms to insurance companies. All For so long as no Event of Default exists, each Borrower shall have the right to settle, adjust and compromise any claim with respect to any insurance maintained by each Borrower provided that all proceeds of business interruption insurance (if any) of Borrower and its Subsidiaries shall be remitted to Agent for application to thereof are applied in the outstanding balance of the Revolving Credit Loans. Unless Borrower provides Agent with evidence of the insurance coverage required by manner specified in this Agreement, and Agent may purchase insurance at Co-Borrowers’ expense agrees promptly to protect Agent’s interests provide any necessary endorsement to any checks or drafts issued in the Properties payment of Borrower and its Subsidiaries. This insurance may, but need not, protect the interests of Borrower and its Subsidiaries. The coverage that Agent purchases may not pay any claim that Borrower or any Subsidiary makes or any claim that is made against Borrower or any such Subsidiary in connection claim. At any time that an Event of Default exists, only Agent shall be authorized to settle, adjust and compromise such claims, Agent shall have all rights and remedies with said Property. Borrower may later cancel any insurance purchased by Agent, but only after providing Agent with evidence that Borrower and its Subsidiaries have obtained respect to such policies of insurance as required by are provided for in this Agreement. If Agent purchases insurance, Co-Borrowers will be responsible for Agreement and the costs of that insurance, including interest and any other charges Agent may impose in connection with the placement of insurance, until the effective date of the cancellation or expiration of the insurance. The costs of the insurance shall be added to the Obligations. The costs of the insurance may be more than the cost of insurance that Borrower and its Subsidiaries may be able to obtain on their ownLoan Documents.
Appears in 1 contract
Samples: Loan and Security Agreement (Tropical Sportswear Co Inc)
Insurance of Collateral. Borrower shall maintain and pay for insurance upon all Collateral wherever located and with respect to the business of Borrower and each of its Subsidiaries, covering casualty, hazard, public liability, workers’ compensation and such other risks in such amounts and with such insurance companies as are reasonably satisfactory to Agent. Borrower shall deliver certified copies of such policies to Agent as promptly as practicable, with satisfactory lender’s loss payable endorsements, naming Agent as a loss payee, assignee or additional insured, as appropriate, as its interest may appear, and showing only such other loss payees, assignees and additional insureds as are satisfactory to Agent. Each policy of insurance or endorsement shall contain a clause requiring the insurer to give not less than 10 days’ prior written notice to Agent in the event of cancellation of the policy for nonpayment of premium and not less than 30 days’ prior written notice to Agent in the event of cancellation of the policy for any other reason whatsoever and a clause specifying that the interest of Agent shall not be impaired or invalidated by any act or neglect of Borrower, any of its Subsidiaries or the owner of the Property or by the occupation of the premises for purposes more hazardous than are permitted by said policy. Borrower agrees to deliver to Agent, promptly as rendered, true copies of all reports made in any reporting forms to insurance companies. All proceeds of business interruption insurance (if any) of Borrower and its Subsidiaries shall be remitted to Agent for application to the outstanding balance of the Revolving Credit Loans. Unless Borrower provides Agent with evidence of the insurance coverage required by this Agreement, Agent may purchase insurance at Co-Borrowers’ Borrower’s expense to protect Agent’s interests in the Properties of Borrower and its Subsidiaries. This insurance may, but need not, protect the interests of Borrower and its Subsidiaries. The coverage that Agent purchases may not pay any claim that Borrower or any Subsidiary makes or any claim that is made against Borrower or any such Subsidiary in connection with said Property. Borrower may later cancel any insurance purchased by Agent, but only after providing Agent with evidence that Borrower and its Subsidiaries have obtained insurance as required by this Agreement. If Agent purchases insurance, Co-Borrowers Borrower will be responsible for the costs of that insurance, including interest and any other charges Agent may impose in connection with the placement of insurance, until the effective date of the cancellation or expiration of the insurance. The costs of the insurance shall may be added to the Obligations. The costs of the insurance may be more than the cost of insurance that Borrower and its Subsidiaries may be able to obtain on their own.
Appears in 1 contract
Insurance of Collateral. Borrower Borrowers shall maintain ----------------------- and pay for insurance upon all Collateral wherever located and with respect to the business of each Borrower and each of its Subsidiaries, covering casualty, hazard, fire and extended coverage, product liability and recall, property damage, public liability, general liability, workers’ compensation ' compensation, flood insurance, earthquake loss insurance (if required by Agent), environmental liability insurance, business interruption and such other risks in such amounts and with such insurance companies as are reasonably customary for similarly situated companies and are reasonably satisfactory to Agent. Borrower Borrowers shall deliver certified copies of such policies to Agent as promptly as practicable, with satisfactory lender’s 's loss payable endorsements, naming Agent as a loss payee, assignee or additional insured, as appropriate, as its interest may appear, and showing only such other loss payees, assignees and additional insureds as are satisfactory to AgentAgent and with respect to business interruption insurance, an executed collateral assignment thereof. Each policy of insurance or endorsement shall contain a clause requiring the insurer to give not less than 10 ten (10) days’ ' prior written notice to Agent in the event of cancellation of the policy for nonpayment of premium and not less than 30 thirty (30) days’ ' prior written notice to Agent in the event of cancellation of the policy for any other reason whatsoever and a clause specifying that the interest of Agent shall not be impaired impaired, or invalidated by any act or neglect of any Borrower, any of its Subsidiaries or the owner of the Property or by the occupation of the premises for purposes more hazardous than are permitted by said policy. Borrower agrees Borrowers agree to deliver to Agent, promptly as rendered, true copies of all reports made in any reporting forms to insurance companies. All proceeds of business interruption insurance (if any) of a Borrower and its Subsidiaries shall be remitted to Agent for application to the outstanding balance of the Revolving Credit Loans. Unless Borrower provides Borrowers provide Agent with evidence of the insurance coverage required by this Agreement, Agent may purchase insurance at Co-Borrowers’ ' joint and several expense to protect Agent’s 's interests in the Properties of each Borrower and its Subsidiaries. This insurance may, but need not, protect the interests of each Borrower and its Subsidiaries. The coverage that Agent purchases may not pay any claim that a Borrower or any Subsidiary of such Borrower makes or any claim that is made against a Borrower or any such Subsidiary in connection with said Property. Borrower Borrowers may later cancel any insurance purchased by Agent, but only after providing Agent with evidence that Borrower Borrowers and its their Subsidiaries have obtained insurance as required by this Agreement. If Agent purchases insurance, Co-Borrowers will be jointly and severally responsible for the costs of that insurance, including interest and any other charges Agent may impose in connection with the placement of insurance, until the effective date of the cancellation or expiration of the insurance. The costs of the insurance shall may be added to the Obligations. The costs of the insurance may be more than the cost of insurance that Borrower Borrowers and its the Subsidiaries may be able to obtain on their own.
Appears in 1 contract
Samples: Loan and Security Agreement (Falcon Products Inc /De/)
Insurance of Collateral. Borrower Borrowers shall maintain and pay ----------------------- for insurance upon all Collateral wherever located and with respect to the business of Borrower and each of its SubsidiariesBorrowers' business, covering casualty, hazard, public liability, workers’ compensation liability and such other risks in such amounts and with such insurance companies as are reasonably satisfactory to AgentLender. Borrower Borrowers shall deliver certified copies the originals of such policies to Agent as promptly as practicable, Lender with satisfactory lender’s 's loss payable endorsements, naming Agent Lender as a sole loss payee, assignee or additional insured, as appropriate, as its interest may appear, and showing only such other loss payees, assignees and additional insureds as are satisfactory to Agent. Each policy of insurance or endorsement shall contain a clause requiring the insurer to give not less than 10 days’ 30 days prior written notice to Agent in the event of cancellation of the policy for nonpayment of premium and not less than 30 days’ prior written notice to Agent Lender in the event of cancellation of the policy for any other reason whatsoever and a clause specifying that the interest of Agent Lender shall not be impaired or invalidated by any act or neglect of Borrower, any of its Subsidiaries Borrowers or the owner of the Property or by the occupation of the premises for purposes more hazardous than are permitted by said policy. Borrower agrees In the event Borrowers, at any time, fail to provide Lender with evidence of the insurance coverage as required by this Agreement, Lender may, but shall not be obligated to, purchase the insurance coverage at Borrowers' expense to protect Lender's interests in the Collateral. Such insurance may, but need not, protect Borrowers' interests. The insurance coverage that Lender purchases on behalf of Borrowers may not pay any claim that Borrowers make or any claim that is made against Borrowers in connection with the Collateral. Borrowers may later cancel any insurance coverage purchased by Lender, but only after providing Lender with evidence that insurance coverage has been obtained as provided for in this Agreement. In the event Lender purchases all or any portion of the insurance coverage for the Collateral or as otherwise required hereunder, Borrowers will be responsible for all costs and expenses of such insurance coverage, with the purchase of the insurance coverage including, but not limited to interest and any other charges imposed by Lender in connection with the purchase of the insurance coverage until the effective date of the cancellation or expiration of the insurance coverage. The costs and expenses of any insurance coverage purchased by Lender shall be added to the Obligations. Borrowers acknowledge that the costs and expenses of the insurance coverage purchased by Lender pursuant hereto may be more than the cost of insurance Borrowers may be able to obtain on their own. Borrowers shall deliver to Lender in kind, all instruments representing proceeds of insurance received by Borrowers. Borrowers agree to deliver to AgentLender, promptly as rendered, true copies of all reports made in any reporting forms to insurance companies. All proceeds of business interruption insurance (if any) of Borrower and its Subsidiaries shall be remitted to Agent for application to the outstanding balance of the Revolving Credit Loans. Unless Borrower provides Agent with evidence of the insurance coverage required by this Agreement, Agent may purchase insurance at Co-Borrowers’ expense to protect Agent’s interests in the Properties of Borrower and its Subsidiaries. This insurance may, but need not, protect the interests of Borrower and its Subsidiaries. The coverage that Agent purchases may not pay any claim that Borrower or any Subsidiary makes or any claim that is made against Borrower or any such Subsidiary in connection with said Property. Borrower may later cancel any insurance purchased by Agent, but only after providing Agent with evidence that Borrower and its Subsidiaries have obtained insurance as required by this Agreement. If Agent purchases insurance, Co-Borrowers will be responsible for the costs of that insurance, including interest and any other charges Agent may impose in connection with the placement of insurance, until the effective date of the cancellation or expiration of the insurance. The costs of the insurance shall be added to the Obligations. The costs of the insurance may be more than the cost of insurance that Borrower and its Subsidiaries may be able to obtain on their own.
Appears in 1 contract
Samples: Loan and Security Agreement (D & K Healthcare Resources Inc)
Insurance of Collateral. Borrower Borrowers shall maintain and pay for insurance upon all Collateral wherever located and with respect to the business of Borrower Borrowers and each of its their Subsidiaries, covering casualty, hazard, public liability, workers’ compensation and such other risks in such amounts and with such insurance companies as are reasonably satisfactory to Agent. Borrower Borrowers shall deliver certified copies certificates of insurance with respect to such policies to Agent as promptly as practicable, with satisfactory lender’s loss payable endorsements, naming Agent as a loss payee, assignee or additional insured, as appropriate, as its interest may appear, and showing only such other loss payees, assignees and additional insureds as are reasonably satisfactory to Agent. Each policy of insurance or endorsement shall contain a clause requiring the insurer to give not less than 10 days’ prior written notice to Agent in the event of cancellation of the policy for nonpayment of premium and not less than 30 days’ prior written notice to Agent in the event of cancellation of the policy for any other reason whatsoever and a clause specifying that the interest of Agent shall not be impaired or invalidated by any act or neglect of any Borrower, any of its Subsidiaries or the owner of the Property or by the occupation of the premises for purposes more hazardous than are permitted by said policy. Borrower agrees Borrowers agree to deliver to Agent, promptly as rendered, true copies of all reports made in any reporting forms to insurance companies. All proceeds of business interruption insurance (if any) of Borrower Borrowers and its their Subsidiaries shall be remitted to Agent for application to the outstanding balance of the Revolving Credit Loans. Unless Borrower provides Borrowers provide Agent with evidence of the insurance coverage required by this Agreement, Agent may purchase insurance at Co-Borrowers’ expense to protect Agent’s interests in the Properties of Borrower Borrowers and its their Subsidiaries. This insurance may, but need not, protect the interests of Borrower Borrowers and its their Subsidiaries. The coverage that Agent purchases may not pay any claim that Borrower any Borrowers or any Subsidiary makes or any claim that is made against any Borrower or any such Subsidiary in connection with said Property. Borrower Borrowers may later cancel any insurance purchased by Agent, but only after providing Agent with evidence that Borrower Borrowers and its their Subsidiaries have obtained insurance as required by this Agreement. If Agent purchases insurance, Co-Borrowers will be responsible for the costs of that insurance, including interest and any other charges Agent may impose in connection with the placement of insurance, until the effective date of the cancellation or expiration of the insurance. The costs of the insurance shall may be added to the Obligations. The costs of the insurance may be more than the cost of insurance that Borrower Borrowers and its their Subsidiaries may be able to obtain on their own.
Appears in 1 contract
Insurance of Collateral. Borrower Borrowers shall maintain and pay for insurance upon all Collateral wherever located and with respect to the business of Borrower Borrowers and each of its their Subsidiaries, covering casualty, hazard, public liability, workers’ compensation and such other risks in such amounts and with such insurance companies as are reasonably satisfactory to Agent. Borrower Borrowers shall deliver certified copies of such policies to Agent as promptly as practicable, with satisfactory lender’s loss payable endorsements, naming Agent as a loss payee, assignee or additional insured, as appropriate, as its interest may appear, and showing only such other loss payees, assignees and additional insureds as are satisfactory to Agent. Each policy of insurance or endorsement shall contain a clause requiring the insurer to give not less than 10 60 days’ prior written notice to Agent in the event of cancellation of the policy for nonpayment of premium and not less than 30 days’ prior written notice to Agent in the event of cancellation of the policy for any other reason whatsoever and a clause specifying that the interest of Agent shall not be impaired or invalidated by any act or neglect of BorrowerBorrowers, any of its their Subsidiaries or the owner of the Property or by the occupation of the premises for purposes more hazardous than are permitted by said policy. Borrower agrees Borrowers agree to deliver to Agent, promptly as rendered, true copies of all reports made in any reporting forms to insurance companies. All proceeds of business interruption insurance (if any) of Borrower Borrowers and its their Subsidiaries shall be remitted to Agent for application to the outstanding balance of the Revolving Credit Loans. Unless Borrower provides Borrowers provide Agent with evidence of the insurance coverage required by this Agreement, Agent may purchase insurance at Co-Borrowers’ expense to protect Agent’s interests in the Properties of Borrower Borrowers and its their Subsidiaries, provided, however that Agent’s purchase of such insurance shall not constitute a cure or waiver of any Event of Default occasioned by Borrowers’ or their Subsidiaries’ failure to comply with the provisions of this Section 6.1.2. This insurance may, but need not, protect the interests of Borrower Borrowers and its their Subsidiaries. The coverage that Agent purchases may not pay any claim that Borrower Borrowers or any Subsidiary makes or any claim that is made against Borrower Borrowers or any such Subsidiary in connection with said Property. Borrower Borrowers may later cancel any insurance purchased by Agent, but only after providing Agent with evidence that Borrower Borrowers and its their Subsidiaries have obtained insurance as required by this Agreement. If Agent purchases insurance, Co-Borrowers will be responsible for the costs of that insurance, including interest and any other charges Agent may impose in connection with the placement of insurance, until the effective date of the cancellation or expiration of the insurance. The costs of the insurance shall may be added to the Obligations. The costs of the insurance may be more than the cost of insurance that Borrower Borrowers and its their Subsidiaries may be able to obtain on their own. The Lead Borrower shall advise Agent of each claim in excess of $200,000 made by any Borrower under any policy of insurance which covers the Collateral and will permit Agent, at Agent’s option in each instance, to the exclusion of the Borrowers, to conduct the adjustment of each such claim (and of all claims following the occurrence of any Event of Default). Borrowers hereby appoint Agent as Borrowers’ attorney in fact to obtain, adjust, settle, and cancel any insurance described in this section and to endorse in favor of the Agent any and all drafts and other instruments with respect to such insurance. The within appointment, being coupled with an interest, is irrevocable until this Agreement is terminated by a written instrument executed by a duly authorized officer of Agent. Agent shall not be liable on account of any exercise pursuant to said power except where there has been a final judicial determination (in a proceeding in which Agent had an opportunity to be heard) that such exercise was conducted in a grossly negligent manner or in willful misconduct. Agent shall apply any proceeds of such insurance against the Obligations, whether or not such have matured, as provided in Section 3.3.1 of this Agreement.
Appears in 1 contract
Samples: Loan and Security Agreement (Restoration Hardware Inc)
Insurance of Collateral. Borrower Borrowers shall maintain and pay for insurance upon all Collateral wherever located and with respect to the business of each Borrower and each of its Subsidiaries, covering casualty, hazard, public liability, workers’ compensation ' compensation, business interruption and such other risks in such amounts and with such insurance companies as are reasonably satisfactory to Agent. Borrower Borrowers shall deliver certified copies of such policies to Agent as promptly as practicable, with satisfactory lender’s 's loss payable endorsements, naming Agent (on behalf of the Lenders) as a loss payee, assignee or additional insured, as appropriate, as its interest may appear, and showing only such other loss payees, assignees and additional insureds as are satisfactory to AgentAgent and with respect to business interruption insurance, an executed collateral assignment thereof. Each policy of insurance or endorsement shall contain a clause requiring the insurer to give not less than 10 days’ ' prior written notice to Agent in the event of cancellation of the policy for nonpayment of premium and not less than 30 days’ ' prior written notice to Agent in the event of cancellation of the policy for any other reason whatsoever and a clause specifying that the interest of Agent shall not be impaired or invalidated by any act or neglect of any Borrower, any of its Subsidiaries or the owner of the Property or by the occupation of the premises for purposes more hazardous than are permitted by said policy. Borrower agrees Borrowers agree to deliver to Agent, promptly as rendered, true copies of all reports made in any reporting forms to insurance companies. All At any time when a Dominion Period is in effect, all net proceeds of business interruption insurance (if any) of each Borrower and its Subsidiaries shall be remitted to Agent for application to the outstanding balance of the Revolving Credit LoansLoans (subject to the third sentence of subsection 3.4.1). By its execution of this Agreement, Agent acknowledges that, as of the date hereof, the insurance coverages of Borrowers and its Subsidiaries and the insurance companies providing such coverages are satisfactory to Agent in its reasonable judgment. Unless Borrower provides Borrowers provide Agent with evidence of the insurance coverage required by this Agreement, Agent may purchase insurance at Co-Borrowers’ ' joint and several expense to protect Agent’s 's interests in the Properties of each Borrower and its Subsidiaries. This insurance may, but need not, protect the interests of each Borrower and its Subsidiaries. The coverage that Agent purchases may not pay any claim that a Borrower or any Subsidiary of such Borrower makes or any claim that is made against a Borrower or any such Subsidiary in connection with said Property. Borrower Borrowers may later cancel any insurance purchased by Agent, but only after providing Agent with evidence that Borrower Borrowers and its their Subsidiaries have obtained insurance as required by this Agreement. Agreement If Agent purchases insurance, Co-Borrowers will be jointly and severally responsible for the costs of that insurance, including interest and any other charges Agent may impose in connection with the placement of insurance, until the effective date of the cancellation or expiration of the insurance. The costs of the insurance shall may be added to the Obligations. The costs of the insurance may be more than the cost of insurance that Borrower Borrowers and its the Subsidiaries may be able to obtain on their own.
Appears in 1 contract
Insurance of Collateral. Borrower The Borrowers shall at all times maintain and pay for insurance upon all Collateral wherever located and with respect to the business of Borrower and each of its Subsidiariesthe Borrowers, covering casualty, hazard, public liability, workers’ compensation and such other risks in such amounts and with such insurance companies as are reasonably satisfactory to Administrative Agent. Borrower The Borrowers shall deliver certified copies of provide that such policies to Agent as promptly as practicable, with shall include satisfactory lender’s loss payable endorsements, naming Administrative Agent as a loss payee, assignee payee or additional insured, as appropriate, as its interest may appear, and showing only such other loss payees, assignees and additional insureds as are satisfactory to Agent. Each policy of insurance or endorsement shall contain a clause requiring the insurer to give not less than 10 ten (10) days’ prior written notice to Administrative Agent in the event of cancellation of the policy for nonpayment of premium and not less than 30 thirty (30) days’ prior written notice to Administrative Agent in the event of cancellation of the policy for any other reason whatsoever and a clause specifying that the interest of Administrative Agent shall not be impaired or invalidated by any act or neglect of any Borrower, any of its their Subsidiaries or the owner of the Property or by the occupation of the premises for purposes more hazardous than are permitted by said such policy. Borrower agrees to deliver to Agent, promptly as rendered, true copies of all reports made in any reporting forms to insurance companies. All proceeds of business interruption insurance (if any) of Borrower and its Subsidiaries the Borrowers shall be remitted to Administrative Agent for application to the outstanding balance of the Revolving Credit Loans. Unless Borrower provides the Borrowers provide Administrative Agent with evidence of the insurance coverage required by this Agreement, Administrative Agent may purchase insurance at Co-the Borrowers’ expense to protect Administrative Agent’s interests in the Properties of Borrower and its Subsidiariesthe Borrowers. This insurance may, but need not, protect the interests of Borrower and its Subsidiariesthe Borrowers. The coverage that Administrative Agent purchases may not pay any claim that any Borrower or any Subsidiary makes or any claim that is made against any Borrower or any such Subsidiary in connection with said such Property. Borrower The Borrowers may later cancel any insurance purchased by Administrative Agent, but only after providing Administrative Agent with evidence that Borrower and its Subsidiaries the Borrowers have obtained insurance as required by this Agreement. If Administrative Agent purchases insurance, Co-the Borrowers will be responsible for the costs of that insurance, including interest and any other charges Administrative Agent may impose in connection with the placement of insurance, until the effective date of the cancellation or expiration of the insurance. The costs of the insurance shall may be added to the Obligations. The costs of the insurance may be more than the cost of insurance that Borrower and its Subsidiaries the Borrowers may be able to obtain on their own.
Appears in 1 contract
Samples: Loan, Security and Guaranty Agreement (Quest Resource Holding Corp)
Insurance of Collateral. 6.3.1 Borrower shall promptly notify Agent of the failure of any Account Debtor under a Collateral Loan to maintain the insurance coverage required under such Collateral Loan and, as to Collateral Loans having an Allocated Loan Amount of greater than $100,000, except as otherwise agreed to by Agent in writing, the Borrower shall procure the required coverage. Borrower agrees to maintain and pay for (or cause the respective REO Affiliate to maintain and pay for) insurance upon all Collateral wherever located and with respect to the business REO Properties having an Allocated Loan Amount of Borrower and each in excess of its Subsidiaries, $100,000 covering casualty, hazard, public liability, workers’ compensation liability and such other risks and in such amounts and with such insurance companies as are shall be reasonably satisfactory to Agent; provided, however, as long as Borrower maintains casualty and hazard coverage in amounts sufficient to avoid the application of any applicable co-insurance provision, Borrower shall not be required to maintain such coverage in excess of the lesser of the replacement cost or the Release Price of an Asset owned by Borrower. In addition, upon Agent’s request, (i) Borrower will maintain and pay for such insurance upon REO Properties having an Allocated Loan Amount of less than $100,000 upon Agent’s request on a case by case basis, and (ii) Borrower will maintain and pay for insurance covering Borrower for casualty loss with respect to any Collateral where the Account Debtor under a Collateral Loan has failed to maintain such insurance coverage. Borrower shall deliver certified copies of such policies to Agent as promptly as practicable, with satisfactory lender’s loss payable endorsements, endorsements naming Agent as a loss payee, assignee or additional insured, as appropriate, loss payee and as its interest may appear, and showing only such other loss payees, assignees and additional insureds as are satisfactory mortgagee pursuant to Agenta standard mortgagee clause. Each policy of insurance or endorsement shall contain a clause requiring the insurer to give not less than 10 days’ prior written notice to Agent in the event of cancellation of the policy for nonpayment of premium and not less than 30 days’ thirty (30) days prior written notice to Agent in the event of cancellation of the policy for any other reason whatsoever and a clause specifying that the interest of Agent shall not be impaired or invalidated by any act or neglect of Borrower, Borrower or any of its Subsidiaries or the owner of the Property or insured property nor by the occupation of the premises for purposes more hazardous than are permitted by said policy. If Borrower agrees fails to provide and pay for such insurance, Agent or Lenders may, at Borrower’s expense, procure the same, but Agent and Lenders shall not be required to do so. Upon Agent’s request, Borrower shall deliver to Agent, promptly as rendered, true copies of all reports made in any reporting forms to insurance companies.
6.3.2 It is agreed that Borrower may elect to provide the insurance required by Section 6.3.1 above by one or more multi- property policies in lieu of individual insurance policies for each property. All proceeds of business interruption insurance Any such multi-property policy will be (if anyi) of Borrower and its Subsidiaries in the amounts required under Section 6.3.1 above as to each covered property, (ii) shall be remitted in a total amount in all respects satisfactory to Agent and (iii) shall provide coverage for application to the outstanding balance of the Revolving Credit Loans. Unless Borrower provides Agent with evidence of the insurance coverage required by this Agreementpublic liability in an amount not less than $5,000,000.00; provided however, Agent may purchase reserves the right to require a separate insurance at Co-Borrowers’ expense to protect Agent’s interests in the Properties of Borrower and its Subsidiaries. This insurance may, but need not, protect the interests of Borrower and its Subsidiaries. The coverage that Agent purchases may not pay policy on any claim that Borrower or any Subsidiary makes or any claim that REO Property which is made against Borrower or any such Subsidiary in connection with said Property. Borrower may later cancel any insurance purchased owned by Agent, but only after providing Agent with evidence that Borrower and its Subsidiaries have obtained insurance as required by this Agreement. If Agent purchases insurance, Co-Borrowers will be responsible an REO Affiliate for the costs of that insurance, including interest and any other charges Agent may impose in connection with the placement of insurance, until the effective date of the cancellation or expiration of the insurance. The costs of the insurance shall be added to the Obligations. The costs of the insurance may be more than the cost of insurance that Borrower and its Subsidiaries may be able to obtain on their ownsix (6) months.
Appears in 1 contract
Insurance of Collateral. Borrower Borrowers shall maintain and pay for insurance upon all Collateral wherever located and with respect to the business of each Borrower and each of its Subsidiaries, covering casualty, hazard, public liability, workers’ compensation compensation, business interruption and such other risks in such amounts and with such insurance companies as are reasonably satisfactory to Agent. Borrower Borrowers shall deliver certified copies of such policies to Agent as promptly as practicable, with satisfactory lender’s loss payable endorsements, naming Agent as a mortgagee, loss payee, assignee or additional insured, as appropriate, as its interest may appear, and showing only such other mortgagees, loss payees, assignees and additional insureds (i) as required under contractual arrangements customary to Borrowers’ operations (but not involving Indebtedness for Money Borrowed) or (ii) as otherwise are satisfactory to AgentAgent and with respect to business interruption insurance, an executed collateral assignment thereof. Each policy of insurance or endorsement shall contain a clause requiring the insurer to give not less than 10 days’ prior written notice to Agent in the event of cancellation of the policy for nonpayment of premium and not less than 30 days’ prior written notice to Agent in the event of cancellation of the policy for any other reason whatsoever and a clause specifying that the interest of Agent shall not be impaired or invalidated by any act or neglect of any Borrower, any of its Subsidiaries or the owner of the Property or by the occupation of the premises for purposes more hazardous than are permitted by said policy. Borrower agrees to deliver to Agent, promptly as rendered, true copies of all reports made in any reporting forms to insurance companies. All proceeds of business interruption insurance (if any) of each Borrower and its Subsidiaries shall be remitted to Agent for application to the outstanding balance of the Revolving Credit Loans, but shall not permanently reduce the Revolving Loan Commitments. Unless Borrower provides Borrowers provide Agent with evidence of the insurance coverage required by this Agreement, Agent may may, but need not, purchase insurance at Co-Borrowers’ joint and several expense to protect Agent’s interests in the Properties of each Borrower and its Subsidiaries. This insurance may, but need not, protect the interests of each Borrower and its Subsidiaries. The coverage that Agent purchases may not pay any claim that a Borrower or any Subsidiary of such Borrower makes or any claim that is made against a Borrower or any such Subsidiary in connection with said Property. Borrower Borrowers may later cancel any insurance purchased by Agent, but only after providing Agent with evidence that Borrower Borrowers and its their Subsidiaries have obtained insurance as required by this Agreement. If Agent purchases insurance, Co-Borrowers will be jointly and severally responsible for the costs of that insurance, including interest and any other charges Agent may impose in connection with the placement of insurance, until the effective date of the cancellation or expiration of the insurance. The costs of the insurance shall may be added to the Obligations. Agent may, in its discretion, provide for the payment of such costs by making appropriate Revolving Credit Loans to one or more Borrowers and changing the appropriate Loan Account or Loan Accounts. The costs of the insurance may be more than the cost of insurance that Borrower Borrowers and its the Subsidiaries may be able to obtain on their own.
Appears in 1 contract
Samples: Loan and Security Agreement (Wabash National Corp /De)
Insurance of Collateral. Borrower shall maintain and pay for insurance upon all Collateral wherever located and with respect to the business of Borrower and each of its Subsidiaries, covering casualty, hazard, public liability, workers’ ' compensation and such other risks in such amounts and with such insurance companies as are reasonably satisfactory to Agent. Borrower shall deliver certified copies of such policies to Agent as promptly as practicable, with satisfactory lender’s 's loss payable endorsements, naming Agent as a loss payee, assignee or (with respect to liability coverage) additional insured, as appropriate, as its interest may appear, and showing only such other loss payees, assignees and additional insureds as are satisfactory to Agent. Each policy of insurance or endorsement shall contain a clause requiring the insurer to give not less than 10 ten (10) days’ ' prior written notice to Agent in the event of cancellation of the policy for nonpayment of premium and not less than 30 thirty (30) days’ ' prior written notice to Agent in the event of cancellation of the policy for any other reason whatsoever and a clause specifying that the interest of Agent shall not be impaired or invalidated by any act or neglect of Borrower, any of its Subsidiaries or the owner of the Property or by the occupation of the premises for purposes more hazardous than are permitted by said policy. Borrower agrees to deliver to Agent, promptly as rendered, true copies of all reports made in any reporting forms to insurance companies. All proceeds of business interruption insurance (if any) of Borrower and its Subsidiaries shall be remitted to Agent for application to the outstanding balance of the Revolving Credit Loans. Unless Borrower provides Agent with evidence of the insurance coverage required by this Agreement, Agent may purchase insurance at Co-Borrowers’ Borrower's expense to protect Agent’s 's interests in the Properties of Borrower and its Subsidiaries. Agent shall endeavor to provide Borrower with five (5) days prior notice of its intention to purchase such insurance, provided, however, that Agent's failure to provide such notice shall not prohibit Agent from making such purchase. This insurance may, but need not, protect the interests of Borrower and its Subsidiaries. The coverage that Agent purchases may not pay any claim that Borrower or any Subsidiary makes or any claim that is made against Borrower or any such Subsidiary in connection with said Property. Borrower may later cancel any insurance purchased by Agent, but only after providing Agent with evidence that Borrower and its Subsidiaries have obtained insurance as required by this Agreement. If Agent purchases insurance, Co-Borrowers Borrower will be responsible for the costs of that insurance, including interest and any other charges Agent may impose in connection with the placement of insurance, until the effective date of the cancellation or expiration of the insurance. The costs of the insurance shall may be added to the Obligations. The costs of the insurance may be more than the cost of insurance that Borrower and its Subsidiaries may be able to obtain on their own.
Appears in 1 contract
Insurance of Collateral. Borrower Company Parties shall maintain and ----------------------- pay for insurance upon all Collateral wherever located and with respect to the business of Borrower and each of its Subsidiariesbusiness, covering casualty, hazard, fire and extended coverage, product liability and recall, property damage, public liability, general liability, workers’ compensation ' compensation, flood insurance, earthquake loss insurance (if required by Collateral Agent), environmental liability insurance, business interruption and such other risks in such amounts and with such insurance companies as are customary for similarly situated companies and are reasonably satisfactory to Collateral Agent. Borrower Borrowers shall deliver certified copies of such policies to Agent Lenders as promptly as practicable, with satisfactory lender’s loss payable endorsements, naming Collateral Agent as a loss payee, assignee or additional insured, as appropriate, as its interest may appear, and showing only such other loss payees, assignees and additional insureds as are satisfactory to AgentCollateral Agent and with respect to business interruption insurance, an executed collateral assignment thereof. Each policy of insurance or endorsement shall contain a clause requiring the insurer to give not less than 10 ten (10) days’ ' prior written notice to Collateral Agent in the event of cancellation of the policy for nonpayment of premium and not less than 30 thirty (30) days’ ' prior written notice to Collateral Agent in the event of cancellation of the policy for any other reason whatsoever and a clause specifying that the interest of Collateral Agent shall not be impaired impaired, or invalidated by any act or neglect of Borrower, any of its Subsidiaries Company Party or the owner of the Property property or by the occupation of the premises for purposes more hazardous than are permitted by said policy. Borrower agrees Borrowers agree to deliver to AgentLenders, promptly as rendered, true copies of all reports made in any reporting forms to insurance companies. All proceeds of business interruption insurance (if any) of Borrower and its Subsidiaries each Company Party shall be remitted to Collateral Agent for application to the outstanding balance Obligations (subject to the terms of the Revolving Credit LoansIntercreditor Agreement). Unless Borrower provides Agent Borrowers provide Lenders with evidence of the insurance coverage required by this Agreement, Collateral Agent or any Lender may purchase insurance at Co-Borrowers’ Company Parties' joint and several expense to protect Agent’s Lenders' interests in the Properties properties of Borrower and its Subsidiarieseach Company Party. This insurance may, but need not, protect the interests of Borrower and its Subsidiarieseach Company Party. The coverage that Collateral Agent or any Lender purchases may not pay any claim that Borrower or any Subsidiary a Company Party makes or any claim that is made against Borrower or any such Subsidiary a Company Party in connection with said Propertyproperty. Borrower Borrowers may later cancel any insurance purchased by AgentCollateral Agent or Lenders, but only after providing Agent Lenders with evidence that Borrower and its Subsidiaries Company Parties have obtained insurance as required by this Agreement. If Collateral Agent or any Lender purchases insurance, Co-Borrowers Company Parties will be jointly and severally responsible for the costs of that insurance, including interest and any other charges Collateral Agent or Lenders may impose in connection with the placement of insurance, until the effective date of the cancellation or expiration of the insurance. The costs of the insurance shall may be added to the Obligations. The costs of the insurance may be more than the cost of insurance that Borrower and its Subsidiaries Company Parties may be able to obtain on their own.
Appears in 1 contract
Samples: Loan and Securities Purchase Agreement (Falcon Products Inc /De/)
Insurance of Collateral. Borrower Borrowers shall maintain and pay for insurance upon all Collateral wherever located and with respect to the business of Borrower Borrowers and each of its their Subsidiaries, covering casualty, hazard, public liability, workers’ compensation and such other risks in such amounts as is customary for companies similarly situated and with the insurance companies used by Borrowers on the Closing Date or such other insurance companies as are reasonably satisfactory to Administrative Agent. Borrower Borrowers shall deliver certified copies of such policies to Administrative Agent as promptly as practicable, with reasonably satisfactory lender’s loss payable endorsements, naming Administrative Agent and Lenders as a loss payeepayees, assignee assignees or additional insuredinsureds, as appropriate, as its interest may appear, and showing only such other loss payees, assignees and additional insureds as are reasonably satisfactory to Administrative Agent. Each policy of insurance or endorsement shall contain a clause requiring the insurer to give not less than 10 days’ prior written notice to Administrative Agent in the event of cancellation of the policy for nonpayment of premium and not less than 30 days’ prior written notice to Administrative Agent in the event of cancellation of the policy for any other reason whatsoever and a clause specifying that the interest of Administrative Agent shall not be impaired or invalidated by any act or neglect of any Borrower, any of its Subsidiaries or the owner of the Property or by the occupation of the premises for purposes more hazardous than are permitted by said policy. Borrower agrees Borrowers agree to deliver to Administrative Agent, promptly as rendered, true copies of all reports made in any reporting forms to insurance companies. All proceeds of business interruption insurance (if any) of Borrower Borrowers and its their Subsidiaries shall be remitted to Administrative Agent for application to the outstanding balance of the Revolving Credit Loans. Unless Borrower provides Borrowers provide Administrative Agent with evidence of the insurance coverage required by this Agreement, Administrative Agent may purchase insurance at Co-Borrowers’ expense to protect Administrative Agent’s interests in the Properties of Borrower Borrowers and its their Subsidiaries. This insurance may, but need not, protect the interests of Borrower Borrowers and its their Subsidiaries. The coverage that Administrative Agent purchases may not pay any claim that any Borrower or any Subsidiary makes or any claim that is made against any Borrower or any such Subsidiary in connection with said Property. Borrower Borrowers may later cancel any insurance purchased by Administrative Agent, but only after providing Administrative Agent with evidence that Borrower Borrowers and its their Subsidiaries have obtained insurance as required by this Agreement. If Administrative Agent purchases insurance, Co-Borrowers will be responsible for the reasonable costs of that insurance, including interest and any other charges Administrative Agent may impose in connection with the placement of insurance, until the effective date of the cancellation or expiration of the insurance. The costs of the insurance shall may be added to the Obligations. The costs of the insurance may be more than the cost of insurance that Borrower Borrowers and its their Subsidiaries may be able to obtain on their own.
Appears in 1 contract
Samples: Loan and Security Agreement (Nes Rentals Holdings Inc)
Insurance of Collateral. Borrower Borrowers shall maintain and pay for insurance upon all Collateral wherever located and with respect to the business of Borrower Borrowers and each of its their Subsidiaries, covering casualty, hazard, public liability, workers’ ' compensation and such other risks in such amounts and with such insurance companies as are reasonably satisfactory to Agent. Borrower Borrowers shall deliver certified copies of such policies to Agent as promptly as practicable, with satisfactory lender’s 's loss payable endorsements, naming Agent as a loss payee, assignee or additional insured, as appropriate, as its interest may appear, and showing only such other loss payees, assignees and additional insureds as are satisfactory to Agent. Each policy of insurance or endorsement shall contain a clause requiring the insurer to give not less than 10 days’ ' prior written notice to Agent in the event of cancellation of the policy for nonpayment of premium and not less than 30 days’ ' prior written notice to Agent in the event of cancellation of the policy for any other reason whatsoever and a clause specifying that the interest of Agent shall not be impaired or invalidated by any act or neglect of any Borrower, any of its Subsidiaries or the owner of the Property or by the occupation of the premises for purposes more hazardous than are permitted by said policy. Borrower agrees Borrowers agree to deliver to Agent, promptly as rendered, true copies of all reports made in any reporting forms to insurance companies. All proceeds of business interruption insurance (if any) of any Borrower and its Subsidiaries shall be remitted to Agent for application to the outstanding balance of the Revolving Credit Loans. Unless Borrower provides Borrowers provide Agent with evidence of the insurance coverage required by this Agreement, Agent may purchase insurance at Co-Borrowers’ ' expense to protect Agent’s 's interests in the Properties of Borrower Borrowers and its their Subsidiaries. This insurance may, but need not, protect the interests of Borrower Borrowers and its their Subsidiaries. The coverage that Agent purchases may not pay any claim that any Borrower or any Subsidiary makes or any claim that is made against any Borrower or any such Subsidiary in connection with said Property. Borrower Borrowers may later cancel any insurance purchased by Agent, but only after providing Agent with evidence that Borrower Borrowers and its their Subsidiaries have obtained insurance as required by this Agreement. If Agent purchases insurance, Co-Borrowers will be responsible for the costs of that insurance, including interest and any other charges Agent may impose in connection with the placement of insurance, until the effective date of the cancellation or expiration of the insurance. The costs of the insurance shall may be added to the Obligations. The costs of the insurance may be more than the cost of insurance that Borrower Borrowers and its their Subsidiaries may be able to obtain on their own.
Appears in 1 contract
Insurance of Collateral. Borrower (i) Each Grantor shall maintain and pay for insurance upon all Collateral wherever located and with respect to the business of Borrower such Grantor and each of its their respective Subsidiaries, covering casualty, hazardproperty, public liability, workers’ ' compensation and such other risks in such amounts and with such insurance companies as are reasonably satisfactory to the Collateral Agent. Borrower Each Grantor shall deliver insurance certificates with respect to such policies or certified copies of such policies to the Collateral Agent as promptly as practicable, with satisfactory lender’s 's loss payable endorsements, naming the Collateral Agent as a loss payee, assignee or additional insured, as appropriate, as its interest may appear, and showing only such other loss payees, assignees and additional insureds as are satisfactory to Agentthe Collateral Agent and, in any event, so long as the Senior Lender Obligations (as defined in the Intercreditor Agreement) are not Paid in Full (as defined in the Intercreditor Agreement), the holders thereof or any agent acting on their behalf. Each policy of insurance or endorsement shall contain a clause requiring the insurer to give not less than 10 days’ ' prior written notice to the Collateral Agent in the event of cancellation of the policy for nonpayment of premium and not less than 30 days’ ' prior written notice to the Collateral Agent in the event of cancellation of the policy for any other reason whatsoever and a clause specifying that the interest of Agent shall not be impaired or invalidated by any act or neglect of Borrower, any of its Subsidiaries or the owner of the Property or by the occupation of the premises for purposes more hazardous than are permitted by said policywhatsoever. Borrower Each Grantor agrees to deliver to the Collateral Agent, promptly as rendered, true copies of all reports made in any reporting forms to insurance companies. All proceeds of business interruption insurance .
(if anyii) of Borrower and its Subsidiaries shall be remitted to Agent for application to Unless each Grantor provides the outstanding balance of the Revolving Credit Loans. Unless Borrower provides Collateral Agent with evidence of the insurance coverage required by this Agreement, the Collateral Agent may purchase insurance at Co-Borrowers’ such Grantor's expense to protect the Collateral Agent’s 's interests in the Properties of Borrower and its SubsidiariesCollateral. This insurance may, but need not, protect the interests of Borrower and its Subsidiariesthe Grantors. The coverage that the Collateral Agent purchases may not pay any claim that Borrower any Grantor or any Subsidiary of such Grantor makes or any claim that is made against Borrower such Grantor or any such Subsidiary in connection with said PropertyCollateral. Borrower The Grantors may later cancel any insurance purchased by the Collateral Agent, but only after providing the Collateral Agent with evidence that Borrower such Grantor and its respective Subsidiaries have obtained insurance as required by this Agreement. If the Collateral Agent purchases insurance, Co-Borrowers the Grantors will be responsible for the costs of that insurance, including interest and any other charges the Collateral Agent may impose in connection with the placement of insurance, until the effective date of the cancellation or expiration of the insurance. The costs of the insurance shall may be added to the Class B Obligations. The costs of the insurance may be more than the cost of insurance that Borrower the Grantors and its their respective Subsidiaries may be able to obtain on their own.
Appears in 1 contract
Insurance of Collateral. Borrower Borrowers shall maintain and pay for insurance upon all Collateral wherever located and with respect to the business of Borrower Borrowers and each of its their Subsidiaries, covering casualty, hazard, public liability, business interruption, workers’ compensation and such other risks in such amounts and with such insurance companies as are reasonably satisfactory customary for companies conducting a Similar Business to Agentthe business of Borrowers. Borrower Borrowers shall deliver certified copies of certificates with respect to such policies to Agent as promptly as practicable, with satisfactory lender’s loss payable endorsements, naming Agent as a loss payee, assignee or additional insured, as appropriate, as its interest may appear, and showing only such other loss payees, assignees and additional insureds as are satisfactory to Agent or as otherwise contemplated by the Intercreditor Agreement. Upon request by Agent, Borrowers shall deliver to Agent certified copies of such policies. Each policy of insurance or endorsement shall contain a clause requiring the insurer to give not less than 10 days’ prior written notice to Agent in the event of cancellation of the policy for nonpayment of premium and not less than 30 days’ prior written notice to Agent in the event of cancellation of the policy for any other reason whatsoever and a clause specifying that the interest of Agent shall not be impaired or invalidated by any act or neglect of any Borrower, any of its Subsidiaries or the owner of the Property or by the occupation of the premises for purposes more hazardous than are permitted by said policy. Borrower agrees Borrowers agree to deliver to Agent, promptly as rendered, true copies of all material reports made in any reporting forms to insurance companies. All proceeds of business interruption insurance (if any) of Borrower Borrowers and its their Subsidiaries shall be remitted to Agent for application to the outstanding balance of the Revolving Credit Loans. Unless Borrower provides Borrowers provide Agent with evidence of the insurance coverage required by this Agreement, Agent may purchase insurance at Co-Borrowers’ expense to protect Agent’s interests in the Properties of Borrower Borrowers and its their Subsidiaries. This insurance may, but need not, protect the interests of Borrower Borrowers and its their Subsidiaries. The coverage that Agent purchases may not pay any claim that any Borrower or any Subsidiary makes or any claim that is made against any Borrower or any such Subsidiary in connection with said Property. Borrower Borrowers may later cancel any insurance purchased by Agent, but only after providing Agent with evidence that Borrower Borrowers and its their Subsidiaries have obtained insurance as required by this Agreement. If Agent purchases insurance, Co-Borrowers will be responsible for the costs of that insurance, including interest and any other third party out-of-pocket charges Agent may impose incur in connection with the placement of insurance, until the effective date of the cancellation or expiration of the insurance. The costs of the insurance shall may be added to the Obligations. The costs of the insurance may be more than the cost of insurance that Borrower Borrowers and its their Subsidiaries may be able to obtain on their own.
Appears in 1 contract
Samples: Loan and Security Agreement (Cambium Learning Group, Inc.)
Insurance of Collateral. Borrower (i) Each Grantor shall maintain and pay for insurance upon all Collateral wherever located and with respect to the business of Borrower such Grantor and each of its their respective Subsidiaries, covering casualty, hazardproperty, public liability, workers’ ' compensation and such other risks in such amounts and with such insurance companies as are reasonably satisfactory to the Collateral Agent. Borrower Each Grantor shall deliver certified copies of such policies to the Collateral Agent as promptly as practicable, with satisfactory lender’s 's loss payable endorsements, naming the Collateral Agent as a loss payee, assignee or additional insured, as appropriate, as its interest may appear, and showing only such other loss payees, assignees and additional insureds as are satisfactory to the Collateral Agent. Each policy of insurance or endorsement shall contain a clause requiring the insurer to give not less than 10 days’ ' prior written notice to the Collateral Agent in the event of cancellation of the policy for nonpayment of premium and not less than 30 days’ ' prior written notice to the Collateral Agent in the event of cancellation of the policy for any other reason whatsoever and a clause specifying that the interest of Agent shall not be impaired or invalidated by any act or neglect of Borrower, any of its Subsidiaries or the owner of the Property or by the occupation of the premises for purposes more hazardous than are permitted by said policywhatsoever. Borrower Each Grantor agrees to deliver to the Collateral Agent, promptly as rendered, true copies of all reports made in any reporting forms to insurance companies. All proceeds of business interruption insurance .
(if anyii) of Borrower and its Subsidiaries shall be remitted to Agent for application to Unless each Grantor provides the outstanding balance of the Revolving Credit Loans. Unless Borrower provides Collateral Agent with evidence of the insurance coverage required by this Agreement, the Collateral Agent may purchase insurance at Co-Borrowers’ such Grantor's expense to protect the Collateral Agent’s 's interests in the Properties of Borrower and its SubsidiariesCollateral. This insurance may, but need not, protect the interests of Borrower and its Subsidiariesthe Grantors. The coverage that the Collateral Agent purchases may not pay any claim that Borrower any Grantor or any Subsidiary of such Grantor makes or any claim that is made against Borrower such Grantor or any such Subsidiary in connection with said PropertyCollateral. Borrower The Grantors may later cancel any insurance purchased by the Collateral Agent, but only after providing the Collateral Agent with evidence that Borrower such Grantor and its respective Subsidiaries have obtained insurance as required by this Agreement. If the Collateral Agent purchases insurance, Co-Borrowers the Grantors will be responsible for the costs of that insurance, including interest and any other charges the Collateral Agent may impose in connection with the placement of insurance, until the effective date of the cancellation or expiration of the insurance. The costs of the insurance shall may be added to the Class A Obligations. The costs of the insurance may be more than the cost of insurance that Borrower the Grantors and its their respective Subsidiaries may be able to obtain on their own.
Appears in 1 contract
Insurance of Collateral. Borrower Borrowers shall maintain and pay for insurance upon all Collateral wherever located and with respect to the business of Borrower Borrowers and each of its their Subsidiaries, covering casualty, hazard, public liability, workers’ compensation and such other risks in such amounts and with such insurance companies as are reasonably satisfactory to Agent. Borrower Borrowers shall deliver certified copies of such policies to Agent as promptly as practicable, with satisfactory lender’s loss payable endorsements, naming Agent as a loss payee, assignee or additional insured, as appropriate, as its interest may appear, and showing only such other loss payees, assignees and additional insureds as are satisfactory to Agent. Each policy of insurance or endorsement shall contain a clause requiring the insurer to give not less than 10 days’ prior written notice to Agent in the event of cancellation of the policy for nonpayment of premium and not less than 30 days’ prior written notice to Agent in the event of cancellation of the policy for any other reason whatsoever and a clause specifying that the interest of Agent shall CHICAGO/#1571873.4 not be impaired or invalidated by any act or neglect of any Borrower, any of its Subsidiaries or the owner of the Property or by the occupation of the premises for purposes more hazardous than are permitted by said policy. Borrower agrees Borrowers agree to deliver to Agent, promptly as rendered, true copies of all reports made in any reporting forms to insurance companies. All proceeds of business interruption insurance (if any) of any Borrower and its Subsidiaries shall be remitted to Agent for application to the outstanding balance of the Revolving Credit Loans. Unless Borrower provides Borrowers provide Agent with evidence of the insurance coverage required by this Agreement, Agent may purchase insurance at Co-Borrowers’ expense to protect Agent’s interests in the Properties of Borrower Borrowers and its their Subsidiaries. This insurance may, but need not, protect the interests of Borrower Borrowers and its their Subsidiaries. The coverage that Agent purchases may not pay any claim that any Borrower or any Subsidiary makes or any claim that is made against any Borrower or any such Subsidiary in connection with said Property. Borrower Borrowers may later cancel any insurance purchased by Agent, but only after providing Agent with evidence that Borrower Borrowers and its their Subsidiaries have obtained insurance as required by this Agreement. If Agent purchases insurance, Co-Borrowers will be responsible for the costs of that insurance, including interest and any other charges Agent may impose in connection with the placement of insurance, until the effective date of the cancellation or expiration of the insurance. The costs of the insurance shall may be added to the Obligations. The costs of the insurance may be more than the cost of insurance that Borrower Borrowers and its their Subsidiaries may be able to obtain on their own.
Appears in 1 contract
Insurance of Collateral. Borrower Borrowers shall maintain and pay for ----------------------- insurance upon all Collateral wherever located and with respect to the business of Borrower Borrowers and each of its their Subsidiaries, covering casualty, hazard, public liability, workers’ ' compensation and such other risks in such amounts and with such insurance companies as are reasonably satisfactory to Agent. Borrower Borrowers shall deliver certified copies of such policies to Agent as promptly as practicable, with satisfactory lender’s 's loss payable and mortgagee endorsements, naming Agent as a loss payee, assignee or additional insured, as appropriate, as its interest may appear, and showing only such other loss payees, assignees and additional insureds as are satisfactory to Agent. Each policy of insurance or endorsement shall contain a clause requiring the insurer to give not less than 10 days’ ' prior written notice to Agent in the event of cancellation of the policy for nonpayment of premium and not less than 30 days’ ' prior written notice to Agent in the event of cancellation of the policy for any other reason whatsoever and a clause specifying that the interest of Agent shall not be impaired or invalidated by any act or neglect of any Borrower, any of its Subsidiaries or the owner of the Property or by the occupation of the premises for purposes more hazardous than are permitted by said policy. Borrower agrees Borrowers agree to deliver to Agent, promptly as rendered, true copies of all reports made in any reporting forms to insurance companies. All proceeds of business interruption insurance (if any) of Borrower Borrowers and its their Subsidiaries shall be remitted to Agent for application to the outstanding balance of the Revolving Credit Loans. Agent acknowledges that Borrowers' insurance in force on the Closing Date as evidenced by the certificates of insurance delivered by Borrowers to Agent on the Closing Date is acceptable to Agent as of the Closing Date. Unless Borrower provides Borrowers provide Agent with evidence of the insurance coverage required by this Agreement, Agent may purchase insurance at Co-Borrowers’ ' expense to protect Agent’s 's interests in the Properties of Borrower Borrowers and its their Subsidiaries. This insurance may, but need not, protect the interests of Borrower Borrowers and its their Subsidiaries. The coverage that Agent purchases may might not pay any claim that Borrower Borrowers or any Subsidiary makes or any claim that is made against any Borrower or any such Subsidiary in connection with said Property. Borrower Borrowers may later cancel any insurance purchased by Agent, but only after providing Agent with evidence that Borrower Borrowers and its their Subsidiaries have obtained insurance as required by this Agreement. If Agent purchases insurance, Co-Borrowers will be responsible for the costs of that insurance, including interest and any other charges Agent may impose in connection with the placement of insurance, until the effective date of the cancellation or expiration of the insurance. The costs of the insurance shall may be added to the Obligations. The costs of the insurance may be more than the cost of insurance that Borrower Borrowers and its their Subsidiaries may be able to obtain on their own.
Appears in 1 contract
Samples: Loan and Security Agreement (Velocity Express Corp)
Insurance of Collateral. Borrower Borrowers shall maintain ----------------------- and pay for insurance upon all Collateral wherever located and with respect to the business of each Borrower and each of its Subsidiaries, covering casualty, hazard, public liability, workers’ compensation ' compensation, business interruption and such other risks in such amounts and with such insurance companies as are reasonably satisfactory to Agent. Borrower Borrowers shall deliver certified copies of such policies to Agent as promptly as practicable, with satisfactory lender’s 's loss payable endorsements, naming Agent as a loss payee, assignee or additional insured, as appropriate, as its interest may appear, and showing only such other loss payees, assignees and additional insureds as are satisfactory to AgentAgent and with respect to business interruption insurance, an executed collateral assignment thereof. Each policy of insurance or endorsement shall contain a clause requiring the insurer to give not less than 10 ten (10) days’ ' prior written notice to Agent in the event of cancellation of the policy for nonpayment of premium and not less than 30 thirty (30) days’ ' prior written notice to Agent in the event of cancellation of the policy for any other reason whatsoever and a clause specifying that the interest of Agent shall not be impaired or invalidated by any act or neglect of any Borrower, any of its Subsidiaries or the owner of the Property or by the occupation of the premises for purposes more hazardous than are permitted by said policy. Borrower agrees Borrowers agree to deliver to Agent, promptly as rendered, true copies of all reports made in any reporting forms to insurance companies. All proceeds of business interruption insurance (if any) of each Borrower and its Subsidiaries shall be remitted to Agent for application to the outstanding balance of the Revolving Credit Loans. Unless Borrower provides Borrowers provide Agent with evidence of the insurance coverage required by this Agreement, Agent may purchase insurance at Co-Borrowers’ ' joint and several expense to protect Agent’s 's interests in the Properties of each Borrower and its Subsidiaries. This insurance may, but need not, protect the interests of each Borrower and its Subsidiaries. The coverage that Agent purchases may not pay any claim that a Borrower or any Subsidiary of such Borrower makes or any claim that is made against a Borrower or any such Subsidiary in connection with said Property. Borrower Borrowers may later cancel any insurance purchased by Agent, but only after providing Agent with evidence that Borrower Borrowers and its their Subsidiaries have obtained insurance as required by this Agreement. If Agent purchases insurance, Co-Borrowers will be jointly and severally responsible for the costs of that insurance, including interest and any other charges Agent may impose in connection with the placement of insurance, until the effective date of the cancellation or expiration of the insurance. The costs of the insurance shall may be added to the Obligations. The costs of the insurance may be more than the cost of insurance that Borrower Borrowers and its the Subsidiaries may be able to obtain on their own.
Appears in 1 contract
Samples: Loan and Security Agreement (Falcon Products Inc /De/)
Insurance of Collateral. Borrower Borrowers shall maintain and pay for insurance upon all Collateral wherever located and with respect to the business of Borrower Borrowers and each of its their Subsidiaries, covering casualty, hazard, public liability, workers’ ' compensation and such other risks in such amounts and with such insurance companies as are reasonably satisfactory to Agentis standard for comparable businesses in Borrowers' industry. Borrower Borrowers shall deliver certified copies of insurance certificates evidencing such policies insurance coverage to Agent as promptly as practicable, with . Borrowers shall obtain satisfactory lender’s 's loss payable endorsements, naming Agent as a loss payee, assignee or additional insured, as appropriate, as its interest may appear, to the extent such an endorsement is permitted by law with respect to such policies, and showing only such other loss payees, assignees and additional insureds as are satisfactory to Agent. Each Unless otherwise accepted by Agent, each policy of insurance or endorsement shall contain a clause requiring the insurer to give not less than 10 days’ ' prior written notice to Agent in the event of cancellation of the policy for nonpayment of premium and not less than 30 days’ ' prior written notice to Agent in the event of cancellation of the policy for any other reason whatsoever and, with respect to property and casualty insurance, a clause specifying that the interest of Agent shall not be impaired or invalidated by any act or neglect of any Borrower, any of its Subsidiaries or the owner of the Property or by the occupation of the premises for purposes more hazardous than are permitted by said policy. Borrower agrees Upon the occurrence and during the continuance of an Event of Default and subsequent request by Agent, Borrowers agree to deliver to Agent, promptly as rendered, true copies of all reports made in any reporting forms to insurance companiescompanies and any insurance policies then in effect. All proceeds of business interruption insurance (if any) of Borrower Borrowers and its their Subsidiaries shall be remitted to Agent for application to the outstanding balance of the Revolving Credit Loans. Unless Borrower provides Borrowers provide Agent with evidence of the insurance coverage required by this Agreement, Agent may purchase insurance at Co-Borrowers’ ' expense to protect Agent’s 's interests in the Properties of Borrower Borrowers and its their Subsidiaries. This insurance may, but need not, protect the interests of Borrower Borrowers and its their Subsidiaries. The coverage that Agent purchases may not pay any claim that Borrower any Borrowers or any Subsidiary makes or any claim that is made against any Borrower or any such Subsidiary in connection with said Property. Borrower Borrowers may later cancel any insurance purchased by Agent, but only after providing Agent with evidence that Borrower Borrowers and its their Subsidiaries have obtained insurance as required by this Agreement. If Agent purchases insurance, Co-Borrowers will be responsible for the costs of that insurance, including interest and any other charges Agent may impose in connection with the placement of insurance, until the effective date of the cancellation or expiration of the insurance. The costs of the insurance shall may be added to the Obligations. The costs of the insurance may be more than the cost of insurance that Borrower Borrowers and its their Subsidiaries may be able to obtain on their own.
Appears in 1 contract
Insurance of Collateral. Borrower Borrowers shall maintain and pay for insurance upon all Collateral wherever located and with respect to the business of Borrower Borrowers and each of its their Subsidiaries, covering casualty, hazard, public liability, workers’ compensation and such other risks in such amounts and with such insurance companies as are reasonably satisfactory to Agent. Borrower Borrowers shall deliver certified copies of such policies to Agent as promptly as practicable, with satisfactory lender’s loss payable endorsements, naming Agent as a loss payee, assignee or additional insured, as appropriate, as its interest may appear, and showing only such other loss payees, assignees and additional insureds as are satisfactory to Agent. Each policy of insurance or endorsement shall contain a clause requiring the insurer to give not less than 10 days’ prior written notice to Agent in the event of cancellation of the policy for nonpayment of premium and not less than 30 days’ prior written notice to Agent in the event of cancellation of the policy for any other reason whatsoever and a clause specifying that the interest of Agent shall not be impaired or invalidated by any act or neglect of any Borrower, any of its Subsidiaries or the owner of the Property or by the occupation of the premises for purposes more hazardous than are permitted by said policy. Borrower agrees Borrowers agree to deliver to Agent, promptly as rendered, true copies of all reports made in any reporting forms to insurance companies. All proceeds of business interruption insurance (if any) of any Borrower and its Subsidiaries shall be remitted to Agent for application to the outstanding balance of the Revolving Credit Loans. Unless Borrower provides Borrowers provide Agent with evidence of the insurance coverage required by this Agreement, Agent may purchase insurance at Co-Borrowers’ expense to protect Agent’s interests in the Properties of Borrower Borrowers and its their Subsidiaries. This insurance may, but need not, protect the interests of Borrower Borrowers and its their Subsidiaries. The coverage that Agent purchases may not pay any claim that any Borrower or any Subsidiary makes or any claim that is made against any Borrower or any such Subsidiary in connection with said Property. Borrower Borrowers may later cancel any insurance purchased by Agent, but only after providing Agent with evidence that Borrower Borrowers and its their Subsidiaries have obtained insurance as required by this Agreement. If Agent purchases insurance, Co-Borrowers will be responsible for the costs of that insurance, including interest and any other charges Agent may impose in connection with the placement of insurance, until the effective date of the cancellation or expiration of the insurance. The costs of the insurance shall may be added to the Obligations. The costs of the insurance may be more than the cost of insurance that Borrower Borrowers and its their Subsidiaries may be able to obtain on their own.
Appears in 1 contract
Insurance of Collateral. Borrower shall maintain and pay for ----------------------- insurance upon all Collateral wherever located and with respect to the business of Borrower and each of its Subsidiaries, covering casualty, hazard, public liability, workers’ worker's compensation and such other risks in such amounts and with such insurance companies as are reasonably satisfactory to Agent. Borrower shall deliver certified copies of such policies to Agent as promptly as practicable, with satisfactory lender’s 's loss payable endorsements, naming Agent as a loss payee, assignee or additional insured, as appropriate, as its interest may appear, and showing only such other loss payees, assignees and additional insureds as are satisfactory to Agent. Each policy of insurance or endorsement shall contain a clause requiring the insurer to give not less than 10 days’ ' prior written notice to Agent in the event of cancellation of the policy for nonpayment of premium and not less than 30 days’ ' prior written notice to Agent in the event of cancellation of the policy for any other reason whatsoever and a clause specifying that the interest of Agent shall not be impaired or invalidated by any act or neglect of Borrower, any of its Subsidiaries or the owner of the Property or by the occupation of the premises for purposes more hazardous than are permitted by said policy. Borrower agrees to deliver to Agent, promptly as rendered, true copies of all reports made in any reporting forms to insurance companies. All proceeds of business interruption insurance (if any) of Borrower and its Subsidiaries shall be remitted to Agent for application to the outstanding balance of the Revolving Credit Loans. Unless Borrower provides Agent with evidence of the insurance coverage required by this Agreement, Agent may purchase insurance at Co-Borrowers’ Borrower's expense to protect Agent’s 's interests in the Properties of Borrower and its Subsidiaries. This insurance may, but need not, protect the interests of Borrower and its Subsidiaries. The coverage that Agent purchases may not pay any claim that Borrower or any Subsidiary makes or any claim that is made against Borrower or any such Subsidiary in connection with said Property. Borrower may later cancel any insurance purchased by Agent, but only after providing Agent with evidence that Borrower and its Subsidiaries have obtained insurance as required by this Agreement. If Agent purchases insurance, Co-Borrowers Borrower will be responsible for the costs of that insurance, including interest and any other charges Agent may impose in connection with the placement of insurance, until the effective date of the cancellation or expiration of the insurance. The costs of the insurance shall may be added to the Obligations. The costs of the insurance may be more than the cost of insurance that Borrower and its Subsidiaries may be able to obtain on their own.
Appears in 1 contract
Insurance of Collateral. Borrower shall maintain and pay for ----------------------- insurance upon all Collateral wherever located and with respect to the business of Borrower and each of its Subsidiaries, covering casualty, hazard, public liability, workers’ compensation liability and such other risks in such amounts and with such insurance companies as are reasonably satisfactory to Agent. Borrower shall deliver certified copies of such policies to Agent as promptly as practicable, with satisfactory lender’s 's loss payable endorsements, naming Agent as a loss payee, assignee or additional insured, as appropriate, as its interest may appear, and showing only such other loss payees, assignees and additional insureds as are satisfactory to Agent. Each policy of insurance or endorsement shall contain a clause requiring the insurer to give not less than 10 days’ ' prior written notice to Agent in the event of cancellation of the policy for nonpayment of premium and not less than 30 days’ ' prior written notice to Agent in the event of cancellation of the policy for any other reason whatsoever and a clause specifying that the interest of Agent shall not be impaired or invalidated by any act or neglect of Borrower, any of its Subsidiaries or the owner of the Property or by the occupation of the premises for purposes more hazardous than are permitted by said policy. Borrower agrees to deliver to Agent, promptly as rendered, true copies of all reports made in any reporting forms to insurance companies. All proceeds of business interruption insurance (if any) of Borrower and its Subsidiaries shall be remitted to Agent for application to the outstanding balance of the Revolving Credit Loans. Unless Borrower provides Agent with evidence of the insurance coverage required by this Agreement, Agent may purchase insurance at Co-Borrowers’ Borrower's expense to protect Agent’s 's interests in the Properties of Borrower and its Subsidiaries. This insurance may, but need not, protect the interests of Borrower and its Subsidiaries. The coverage that Agent purchases may not pay any claim that Borrower or any Subsidiary makes or any claim that is made against Borrower or any such Subsidiary in connection with said Property. Borrower may later cancel any insurance purchased by Agent, but only after providing Agent with evidence that Borrower and its Subsidiaries have obtained insurance as required by this Agreement. If Agent purchases insurance, Co-Borrowers Borrower will be responsible for the costs of that insurance, including interest and any other charges Agent may impose in connection with the placement of insurance, until the effective date of the cancellation or expiration of the insurance. The costs of the insurance shall may be added to the Obligations. The costs of the insurance may be more than the cost of insurance that Borrower and its Subsidiaries may be able to obtain on their own.
Appears in 1 contract
Samples: Loan and Security Agreement (Borden Chemicals & Plastics Limited Partnership /De/)
Insurance of Collateral. Borrower The Loan Parties shall at all times maintain and pay for insurance upon all Collateral wherever located and with respect to the business of Borrower the Loan Parties and each of its their Subsidiaries, covering casualty, hazard, public liability, workers’ compensation and such other risks in such amounts and with such insurance companies as are reasonably satisfactory to Administrative Agent. Borrower The Loan Parties shall deliver certified copies of provide that such policies to Agent as promptly as practicable, with shall include satisfactory lender’s loss payable endorsements, naming Administrative Agent as a loss payee, assignee payee or additional insured, as appropriate, as its interest may appear, and showing only such other loss payees, assignees and additional insureds as are satisfactory to Agent. Each policy of insurance or endorsement shall contain a clause requiring the insurer to give not less than 10 ten (10) days’ prior written notice to Administrative Agent in the event of cancellation of the policy for nonpayment of premium and not less than 30 thirty (30) days’ prior written notice to Administrative Agent in the event of cancellation of the policy for any other reason whatsoever and a clause specifying that the interest of Administrative Agent shall not be impaired or invalidated by any act or neglect of Borrowerany Loan Party, any of its their Subsidiaries or the owner of the Property or by the occupation of the premises for purposes more hazardous than are permitted by said such policy. Borrower agrees to deliver to Agent, promptly as rendered, true copies of all reports made in any reporting forms to insurance companies. All proceeds of business interruption insurance (if any) of Borrower and its Subsidiaries shall be remitted to Agent for application to Unless the outstanding balance of the Revolving Credit Loans. Unless Borrower provides Loan Parties provide Administrative Agent with evidence of the insurance coverage required by this Agreement, Administrative Agent may purchase insurance at Co-Borrowersthe Loan Parties’ expense to protect Administrative Agent’s interests in the Properties of Borrower the Loan Parties and its their Subsidiaries. This insurance may, but need not, protect the interests of Borrower the Loan Parties and its their Subsidiaries. The coverage that Administrative Agent purchases may not pay any claim that Borrower any Loan Party or any Subsidiary makes or any claim that is made against Borrower any Loan Party or any such Subsidiary in connection with said such Property. Borrower The Loan Parties may later cancel any insurance purchased by Administrative Agent, but only after providing Administrative Agent with evidence that Borrower the Loan Parties and its their Subsidiaries have obtained insurance as required by this Agreement. If Administrative Agent purchases insurance, Co-Borrowers the Loan Parties will be responsible for the costs of that insurance, including interest and any other charges Administrative Agent may impose in connection with the placement of insurance, until the effective date of the cancellation or expiration of the insurance. The costs of the insurance shall may be added to the Obligations. The costs of the insurance may be more than the cost of insurance that Borrower the Loan Parties and its their Subsidiaries may be able to obtain on their own.
Appears in 1 contract
Samples: Loan and Security Agreement (Ani Pharmaceuticals Inc)
Insurance of Collateral. Borrowers shall bear the full risk of any loss of any nature whatsoever with respect to the Collateral. Each Borrower shall agrees to maintain and pay for insurance upon all Collateral (other than Accounts) wherever located and with respect to the business of Borrower and each of its Subsidiarieslocated, in storage or in transit in vehicles, including goods evidenced by documents, covering casualty, hazard, public liability, workers’ compensation liability and such other risks and in such amounts as are described in this Section 4.7 and with such insurance companies as are shall be reasonably satisfactory to AgentLender to insure Lender's interest in the Collateral. Borrower Borrowers shall deliver certified copies of such policies to Agent as promptly as practicable, with satisfactory lender’s Lender's loss payable endorsements, endorsements naming Agent Lender Loss Payee to Lender as a loss payee, assignee or additional insured, as appropriate, as its interest may appear, and showing only such other loss payees, assignees and additional insureds as are satisfactory to Agentrequested by Lender. Each policy of insurance or endorsement shall contain a clause requiring the insurer to give not less than 10 days’ thirty (30) days prior written notice to Agent in the event of cancellation of the policy for nonpayment of premium and not less than 30 days’ prior written notice to Agent Lender in the event of cancellation of the policy for any other reason whatsoever and a clause specifying that the interest of Agent Lender in the Collateral owned by Borrowers shall not be impaired or invalidated by any an act or neglect of Borrower, any of its Subsidiaries Borrowers or the owner of the Property or nor by the occupation of the premises for purposes more hazardous than are permitted by said policy. Borrower agrees If Borrowers fail to provide and pay for such insurance, Lender may, at Borrowers' expense, procure the same, but shall not be required to do so. Borrowers agree to deliver to AgentLender, promptly as rendered, true copies of all reports made in any reporting forms to insurance companies. All proceeds Each Borrower shall
(a) keep all of its insurable properties in which such Borrower has an interest insured against the hazards of fire, sprinkler leakage, those hazards covered by extended coverage insurance and such other hazards, and for such amounts, as is customary in the case of companies engaged in businesses similar to such Borrower's including, but not limited to, business interruption insurance insurance; (b) maintain a bond in such amounts, if any) , as is customary in the case of Borrower companies engaged in businesses similar to such Borrower's insuring against larceny, embezzlement or other criminal misappropriation of insured's officers and its Subsidiaries shall be remitted to Agent for application employees who may either singly or jointly with others at any time have access to the outstanding balance assets or funds of such Borrower either directly or through authority to draw upon such funds or to direct generally the Revolving Credit Loans. Unless Borrower provides Agent with evidence disposition of the insurance coverage required by this Agreement, Agent may purchase insurance at Co-Borrowers’ expense to protect Agent’s interests in the Properties of Borrower and its Subsidiaries. This insurance may, but need not, protect the interests of Borrower and its Subsidiaries. The coverage that Agent purchases may not pay any claim that Borrower or any Subsidiary makes or any claim that is made against Borrower or any such Subsidiary in connection with said Property. Borrower may later cancel any insurance purchased by Agent, but only after providing Agent with evidence that Borrower and its Subsidiaries have obtained insurance as required by this Agreement. If Agent purchases insurance, Co-Borrowers will be responsible for the costs of that insurance, including interest and any other charges Agent may impose in connection with the placement of insurance, until the effective date of the cancellation or expiration of the insurance. The costs of the insurance shall be added to the Obligations. The costs of the insurance may be more than the cost of insurance that Borrower and its Subsidiaries may be able to obtain on their own.assets;
Appears in 1 contract
Insurance of Collateral. Borrower shall maintain and pay for insurance upon all Collateral (other than Pledged Contracts and the Deposit Accounts) wherever located and with respect to the business of Borrower and each of its SubsidiariesBorrower's business, covering casualty, hazard, public liability, workers’ compensation liability and such other risks in such amounts and with such insurance companies as are reasonably satisfactory to AgentLender. The requirements for such insurance shall be consistent with the insurance that Borrower previously maintained under the terms of the Prior Loan Agreement. In addition, Borrower shall, at its own expense, obtain a security bond covering all of its employees, which are designated by Borrower to deliver to the Custodian and remove from the possession of the Custodian any Pledged Contracts and Auto Titles, in such amounts and with such insurance companies as are reasonably satisfactory to Lender. As with Borrower's insurance, the requirements for a security bond shall be consistent with the security bond that Borrower previously maintained under the terms of the Prior Loan Agreement. Borrower shall deliver certified copies of the originals of such policies to Agent as promptly as practicable, Lender with satisfactory lender’s 's loss payable endorsements, naming Agent Lender as a loss payee, assignee or additional insured, as appropriate, and as its interest Lender's interests may appear, and showing only such other loss payees, assignees and additional insureds as are satisfactory to Agent. Each policy of insurance or endorsement shall contain a clause requiring the insurer to give not less than 10 days’ 30 days prior written notice to Agent in the event of cancellation of the policy for nonpayment of premium and not less than 30 days’ prior written notice to Agent Lender in the event of cancellation of the policy for any other reason whatsoever and a clause specifying that the interest of Agent Lender shall not be impaired or invalidated by any act or neglect of Borrower, any of its Subsidiaries Borrower or the owner of the Property or by the occupation of the premises for purposes more hazardous than are permitted by said policy. If Borrower fails to provide and pay for such insurance, Lender may, at its option, but shall not be required to, procure the same at competitive market rates and charge Borrower therefor. Borrower agrees to deliver to AgentLender, promptly as rendered, true copies of all reports made in any reporting forms to insurance companies. All proceeds of business interruption insurance (if any) of Borrower and its Subsidiaries shall be remitted to Agent for application to the outstanding balance of the Revolving Credit Loans. Unless Borrower provides Agent with evidence of the insurance coverage required by this Agreement, Agent may purchase insurance at Co-Borrowers’ expense to protect Agent’s interests in the Properties of Borrower and its Subsidiaries. This insurance may, but need not, protect the interests of Borrower and its Subsidiaries. The coverage that Agent purchases may not pay any claim that Borrower or any Subsidiary makes or any claim that is made against Borrower or any such Subsidiary in connection with said Property. Borrower may later cancel any insurance purchased by Agent, but only after providing Agent with evidence that Borrower and its Subsidiaries have obtained insurance as required by this Agreement. If Agent purchases insurance, Co-Borrowers will be responsible for the costs of that insurance, including interest and any other charges Agent may impose in connection with the placement of insurance, until the effective date of the cancellation or expiration of the insurance. The costs of the insurance shall be added to the Obligations. The costs of the insurance may be more than the cost of insurance that Borrower and its Subsidiaries may be able to obtain on their own.
Appears in 1 contract
Samples: Loan and Security Agreement (Jayhawk Acceptance Corp)
Insurance of Collateral. Borrower (a) Borrowers shall maintain and pay for insurance upon all Collateral wherever located and with respect to the business of Borrower Borrowers and each of its their respective Subsidiaries, covering casualty, hazardproperty, public liability, workers’ ' compensation and such other risks in such amounts and with such insurance companies as are reasonably satisfactory to Administrative Agent. Borrower Borrowers shall deliver certified copies of such policies to Administrative Agent as promptly as practicable, with satisfactory lender’s 's loss payable endorsements, naming Administrative Agent as a loss payee, assignee or additional insured, as appropriate, as its interest may appear, and showing only such other loss payees, assignees and additional insureds as are satisfactory to Administrative Agent. Each policy of insurance or endorsement shall contain a clause requiring the insurer to give not less than 10 days’ ' prior written notice to Administrative Agent in the event of cancellation of the policy for nonpayment of premium and not less than 30 days’ ' prior written notice to Administrative Agent in the event of cancellation of the policy for any other reason whatsoever and a clause specifying that the interest of Agent shall not be impaired or invalidated by any act or neglect of Borrower, any of its Subsidiaries or the owner of the Property or by the occupation of the premises for purposes more hazardous than are permitted by said policywhatsoever. Borrower agrees Borrowers agree to deliver to Administrative Agent, promptly as rendered, true copies of all reports made in any reporting forms to insurance companies. All proceeds of business interruption insurance (if any) of Borrower Borrowers and its their respective Subsidiaries shall be remitted to Administrative Agent for application to the outstanding balance of the Revolving Credit Loans. Loans without a permanent reduction of the Revolving Credit Commitments.
(b) Unless Borrower provides Borrowers provide Administrative Agent with evidence of the insurance coverage required by this Agreement, Administrative Agent may purchase insurance at Co-Borrowers’ ' expense to protect Administrative Agent’s 's interests in the Properties of Borrower and its Subsidiariesthe Loan Parties. This insurance may, but need not, protect the interests of Borrower and its Subsidiariesthe Loan Parties. The coverage that Administrative Agent purchases may not pay any claim that any Borrower or any Subsidiary makes or any claim that is made against such Borrower or any such Subsidiary in connection with said Property. Borrower Borrowers may later cancel any insurance purchased by Administrative Agent, but only after providing Administrative Agent with evidence that Borrower Borrowers and its their respective Subsidiaries have obtained insurance as required by this Agreement. If Administrative Agent purchases insurance, Co-Borrowers will be responsible for the costs of that insurance, including interest and any other charges Administrative Agent may impose in connection with the placement of insurance, until the effective date of the cancellation or expiration of the insurance. The costs of the insurance shall may be added to the Obligations. The costs of the insurance may be more than the cost of insurance that Borrower Borrowers and its their respective Subsidiaries may be able to obtain on their own.
Appears in 1 contract
Insurance of Collateral. Borrower Each Credit Party shall maintain and pay for insurance upon all Collateral wherever located and with respect to the business of Borrower such Credit Party and each of its Subsidiaries, covering casualty, hazard, public liability, workers’ compensation and such other risks in such amounts as is customary for companies similarly situated and with the insurance companies used by Credit Parties on the Closing Date or such other insurance companies as are reasonably satisfactory to Administrative Agent. Borrower shall deliver certified copies of such policies to Administrative Agent as promptly as practicable, with reasonably satisfactory lender’s loss payable endorsements, naming the First Lien Debt Agent for so long as a any First Lien Debt remains outstanding and thereafter naming Administrative Agent and Lenders as loss payeepayees, assignee assignees or additional insuredinsureds, as appropriate, as its interest may appear, and showing only such other loss payees, assignees and additional insureds as are reasonably satisfactory to Administrative Agent. Each policy of insurance or endorsement shall contain a clause requiring the insurer to give not less than 10 days’ prior written notice to Administrative Agent in the event of cancellation of the policy for nonpayment of premium and not less than 30 days’ prior written notice to Administrative Agent in the event of cancellation of the policy for any other reason whatsoever and a clause specifying that the interest of Administrative Agent shall not be impaired or invalidated by any act or neglect of Borrowerany Credit Party, any of its Subsidiaries or the owner of the Property or by the occupation of the premises for purposes more hazardous than are permitted by said policy. Borrower agrees to deliver to Administrative Agent, promptly as rendered, true copies of all reports made in any reporting forms to insurance companies. All proceeds of business interruption insurance (if any) of Borrower each Credit Party and its Subsidiaries shall be remitted to Administrative Agent for application to the outstanding balance of the Revolving Credit LoansTerm Loans unless required to be applied to the obligations under the First Lien Debt Documents. Unless Borrower provides Administrative Agent with evidence of the insurance coverage required by this Agreement, Administrative Agent may purchase insurance at Co-Borrowers’ Borrower’s expense to protect Administrative Agent’s interests in the Properties of Borrower Credit Parties and its their Subsidiaries. This insurance may, but need not, protect the interests of Borrower Credit Parties and its their Subsidiaries. The coverage that Administrative Agent purchases may not pay any claim that Borrower any Credit Party or any Subsidiary of its Subsidiaries makes or any claim that is made against Borrower any Credit Party or any such Subsidiary in connection with said Property. Borrower Credit Parties may later cancel any insurance purchased by Administrative Agent, but only after providing Administrative Agent with evidence that Borrower Credit Parties and its their Subsidiaries have obtained insurance as required by this Agreement. If Administrative Agent purchases insurance, Co-Borrowers Borrower will be responsible for the reasonable costs of that insurance, including interest and any other charges Administrative Agent may impose in connection with the placement of insurance, until the effective date of the cancellation or expiration of the insurance. The costs of the insurance shall may be added to the Obligations. The costs of the insurance may be more than the cost of insurance that Borrower Credit Parties and its their Subsidiaries may be able to obtain on their own.
Appears in 1 contract
Samples: Loan and Security Agreement (Nes Rentals Holdings Inc)
Insurance of Collateral. Borrower Borrowers shall maintain and pay for insurance upon all Collateral wherever located and with respect to the business of each Borrower and each of its Subsidiaries, covering casualty, hazard, public liability, workers’ compensation compensation, business interruption and such other risks in such amounts and with such insurance companies as are reasonably satisfactory to Agent. Borrower Borrowers shall deliver certified copies of such policies to Agent as promptly as practicable, with satisfactory lender’s loss payable endorsements, naming Agent as a mortgagee, loss payee, assignee or additional insured, as appropriate, as its interest may appear, and showing only such other mortgagees, loss payees, assignees and additional insureds (i) as required under contractual arrangements customary to Borrowers’ operations (but not involving Indebtedness for Money Borrowed) or (ii) as otherwise are satisfactory to AgentAgent and with respect to business interruption insurance, an executed collateral assignment thereof. Each policy of insurance or endorsement shall contain a clause requiring the insurer to give not less than 10 days’ prior written notice to Agent in the event of cancellation of the policy for nonpayment of premium and not less than 30 days’ prior written notice to Agent in the event of cancellation of the policy for any other reason whatsoever and a clause specifying that the interest of Agent shall not be impaired or invalidated by any act or neglect of any Borrower, any of its Subsidiaries or the owner of the Property or by the occupation of the premises for purposes more hazardous than are permitted by said policy. Borrower agrees to deliver to Agent, promptly as rendered, true copies of all reports made in any reporting forms to insurance companies. All proceeds of business interruption insurance (if any) of each Borrower and its Subsidiaries shall be remitted to Agent for application to the outstanding balance of the Revolving Credit Loans, but shall not permanently reduce the Revolving Loan Commitments. Unless Borrower provides Borrowers provide Agent with evidence of the insurance coverage required by this Agreement, Agent may may, but need not, purchase insurance at Co-Borrowers’ joint and several expense to protect Agent’s interests in the Properties of each Borrower and its Subsidiaries. This insurance may, but need not, protect the interests of each Borrower and its Subsidiaries. The coverage that Agent purchases may not pay any claim that a Borrower or any Subsidiary of such Borrower makes or any claim that is made against a Borrower or any such Subsidiary in connection with said Property. Borrower Borrowers may later cancel any insurance purchased by Agent, but only after providing Agent with evidence that Borrower Borrowers and its their Subsidiaries have obtained insurance as required by this Agreement. If Agent purchases insurance, Co-Borrowers will be jointly and severally responsible for the costs of that insurance, including interest and any other charges Agent may impose in connection with the placement of insurance, until the effective date of the cancellation or expiration of the insurance. The costs of the insurance shall may be added to the Obligations. The costs of the insurance may be more than the cost of insurance that Borrower Borrowers and its the Subsidiaries may be able to obtain on their own.
Appears in 1 contract
Samples: Loan and Security Agreement (Wabash National Corp /De)
Insurance of Collateral. Borrower Borrowers shall maintain and pay for insurance upon all Collateral wherever located and with respect to the business of each Borrower and each of its Subsidiaries, covering casualty, hazard, public liability, workers’ compensation compensation, business interruption and such other risks in such amounts and with such insurance companies as are reasonably satisfactory to Agent. Borrower Borrowers shall deliver certified copies of such policies to Agent as promptly as practicable, with satisfactory lender’s loss payable endorsements, naming Agent (on behalf of the Lenders) as a loss payee, assignee or additional insured, as appropriate, as its interest may appear, and showing only such other loss payees, assignees and additional insureds as are satisfactory to AgentAgent and with respect to business interruption insurance, an executed collateral assignment thereof. Each policy of insurance or endorsement shall contain a clause requiring the insurer to give not less than 10 days’ prior written notice to Agent in the event of cancellation of the policy for nonpayment of premium and not less than 30 days’ prior written notice to Agent in the event of cancellation of the policy for any other reason whatsoever and a clause specifying that the interest of Agent shall not be impaired or invalidated by any act or neglect of any Borrower, any of its Subsidiaries or the owner of the Property or by the occupation of the premises for purposes more hazardous than are permitted by said policy. Borrower agrees Borrowers agree to deliver to Agent, promptly as rendered, true copies of all reports made in any reporting forms to insurance companies. All At any time when a Dominion Period is in effect, all net proceeds of business interruption insurance (if any) of each Borrower and its Subsidiaries shall be remitted to Agent for application to the outstanding balance of the Revolving Credit LoansLoans (subject to the third sentence of subsection 3.4.1). By its execution of this Agreement, Agent acknowledges that, as of the date hereof, the insurance coverages of Borrowers and its Subsidiaries and the insurance companies providing such coverages are satisfactory to Agent in its reasonable judgment. Unless Borrower provides Borrowers provide Agent with evidence of the insurance coverage required by this Agreement, Agent may purchase insurance at Co-Borrowers’ joint and several expense to protect Agent’s interests in the Properties of each Borrower and its Subsidiaries. This insurance may, but need not, protect the interests of each Borrower and its Subsidiaries. The coverage that Agent purchases may not pay any claim that a Borrower or any Subsidiary of such Borrower makes or any claim that is made against a Borrower or any such Subsidiary in connection with said Property. Borrower Borrowers may later cancel any insurance purchased by Agent, but only after providing Agent with evidence that Borrower Borrowers and its their Subsidiaries have obtained insurance as required by this Agreement. If Agent purchases insurance, Co-Borrowers will be jointly and severally responsible for the costs of that insurance, including interest and any other charges Agent may impose in connection with the placement of insurance, until the effective date of the cancellation or expiration of the insurance. The costs of the insurance shall may be added to the Obligations. The costs of the insurance may be more than the cost of insurance that Borrower Borrowers and its the Subsidiaries may be able to obtain on their own.
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