Insurance of Collateral. (a) Each Obligor shall maintain insurance with respect to the Collateral, covering casualty, hazard, theft, malicious mischief, flood and other risks, in amounts, with endorsements and with insurers (with a Best rating of at least A+, unless otherwise approved by Agent in its discretion) reasonably satisfactory to Agent. From time to time upon request, Obligors shall deliver to Agent the originals or certified copies of its insurance policies and most recently available flood plain searches. Unless Agent shall agree otherwise, each policy of Obligors shall include satisfactory endorsements (i) showing Agent as loss payee with respect to insurance covering Collateral; (ii) requiring 30 days prior written notice to Agent in the event of cancellation of the policy for any reason whatsoever and (iii) to the extent available from the applicable insurer, a clause or endorsement stating that the interest of Agent shall not be impaired or invalidated by any act or neglect of the insured Person or the owner of any premises, including, without limitation, as a result of the use of any such premises for purposes more hazardous than are permitted by such policy. If any Obligor fails to provide and pay for any insurance, Agent may, at its option, but shall not be required to, procure the insurance and charge Obligors therefor. Each Obligor agrees to deliver to Agent, promptly as rendered, copies of all material reports made to insurance companies. While no Event of Default exists, Obligors may settle, adjust or compromise any insurance claim. If an Event of Default exists, the Obligors shall not settle any insurance claim with a value in excess of $3,000,000 without the consent of Agent.
Appears in 4 contracts
Samples: Guaranty and Security Agreement (Guess Inc), Loan, Guaranty and Security Agreement (Guess Inc), Guaranty and Security Agreement (Guess Inc)
Insurance of Collateral. (a) Each Obligor shall Borrower agrees to maintain and pay for insurance with respect to the Collateralupon all Collateral wherever located, in storage or in transit in vehicles, including goods evidenced by documents, covering casualty, hazard, theft, malicious mischief, flood public liability and such other risks, risks and in amounts, with endorsements such amounts and with insurers (with a Best rating of at least A+, unless otherwise approved by Agent Permitted Insurer to insure Agent's and Lenders' interest in its discretion) reasonably satisfactory to Agentthe Collateral. From time to time upon request, Obligors Borrower shall deliver to Agent the originals or certified copies of its insurance such policies and most recently available flood plain searches. Unless Agent shall agree otherwise, each policy of Obligors shall include to Lender with satisfactory endorsements (i) showing Agent naming Agent, for the benefit of Lenders, as loss payee with respect and as mortgagee pursuant to a standard mortgagee clause. Each policy of insurance covering Collateral; (ii) or endorsement shall contain a clause requiring the insurer to give not less than 30 days prior written notice to Agent in the event of cancellation of the policy for any reason whatsoever and (iii) to the extent available from the applicable insurer, a clause or endorsement stating that the interest of Agent and Lenders shall not be impaired or invalidated by any act or neglect of the insured Person Borrower or the owner of any premises, including, without limitation, as a result the Property nor by the occupation of the use of any such premises for purposes more hazardous than are permitted by such said policy. If any Obligor Borrower fails to provide and pay for any such insurance, Agent may, at its optionBorrower's expense, procure the same, but shall not be required to, procure the insurance and charge Obligors thereforto do so. Each Obligor Borrower agrees to deliver to Agent, promptly as rendered, true copies of all material reports made in any reporting forms to insurance companies. While no Event Borrower will maintain, with Permitted Insurers, insurance with respect to its Properties and business against such casualties and contingencies of Default existssuch type (including public liability, Obligors may settleproduct liability, adjust larceny, embezzlement, or compromise any insurance claim. If an Event of Default exists, other criminal misappropriation insurance) and in such amounts as is customary in the Obligors shall not settle any insurance claim with a value in excess of $3,000,000 without the consent of business or as otherwise reasonably required by Agent.
Appears in 2 contracts
Samples: Loan and Security Agreement (Brazos Sportswear Inc /De/), Loan and Security Agreement (Brazos Sportswear Inc /De/)
Insurance of Collateral. (a) Each Obligor shall maintain insurance with respect to the CollateralCollateral (other than Accounts and trademarks), covering casualty, hazard, public liability, theft, malicious mischief, flood and such other risks, in amounts, with endorsements such amounts and with insurers (with a Best rating of at least A+, unless otherwise approved by Agent such endorsements as are in its discretion) each case reasonably satisfactory to Agent, and with such insurers as are reasonably satisfactory to Agent or with any other insurers rated A+ or better by A.M. Best Rating Guide. All proceeds under each policy relating to Collateral shall be payable to Agent. From time to time upon reasonable request, Obligors Obligors, shall deliver to Agent the originals or certified copies of its insurance policies and most recently available flood plain searchespolicies. Unless Agent shall agree otherwise, each policy of Obligors shall include reasonably satisfactory endorsements (i) showing Agent as loss payee with respect to insurance covering Collateralor additional insured, as appropriate; (ii) requiring 10 days prior written notice to Agent in the event of cancellation of the policy for non-payment of premium and requiring 30 days prior written notice to Agent in the event of cancellation of the policy for any reason whatsoever other reason; and (iii) to the extent available from the applicable insurer, a clause or endorsement stating specifying that the interest of Agent shall not be impaired or invalidated by any act or neglect of the insured Person any Obligor or the owner of any premisesthe Property, including, without limitation, as a result nor by the occupation of the use of any such premises for purposes more hazardous than are permitted by such the policy. If any Obligor fails to provide and pay for any such insurance, Agent may, at its option, but shall not be required to, procure the insurance and charge Obligors therefor. Each Obligor agrees to deliver to Agent, promptly as rendered, copies of all material reports made to insurance companies. While no Event of Default existsexists and Availability exceeds $2,500,000, Obligors may settle, adjust or compromise any insurance claim. If an Event of Default existsexists or Availability is less than $2,500,000, the Obligors only Agent shall not settle any insurance claim with a value in excess of $3,000,000 without the consent of Agentbe authorized to settle, adjust and compromise such claims.
Appears in 2 contracts
Samples: Credit Agreement (Apparel Holding Corp.), Credit Agreement (Apparel Holding Corp.)
Insurance of Collateral. (a) Each Obligor Borrower shall maintain insurance with respect to the Collateral, covering casualty, hazard, theft, malicious mischief, flood and other risks, in amounts, with endorsements and with insurers (with a Best rating Best’s Financial Strength Rating of at least A+A_ VII, unless otherwise approved by Agent in its discretionAgent) reasonably satisfactory to Agent. All proceeds under each policy related to Collateral shall be payable to Borrower Agent, subject to clause (b) below and Section 5.3(c). From time to time upon request, Obligors Borrowers shall deliver to Agent the originals or certified copies of its insurance policies and most recently available flood plain searchespolicies. Unless Agent shall agree otherwise, each policy of Obligors shall include satisfactory endorsements (i) showing Agent as Lenders’ loss payee with respect to insurance covering Collateralpayee; (ii) requiring 30 days prior written notice to Agent in the event of cancellation of the policy for any reason whatsoever whatsoever; and (iii) to the extent available from the applicable insurer, a clause or endorsement stating specifying that the interest of Agent shall not be impaired or invalidated by any act or neglect of the insured Person any Borrower or the owner of any premisesthe Property, including, without limitation, as a result nor by the occupation of the use of any such premises for purposes more hazardous than are permitted by such the policy. If any Obligor Borrower fails to provide and pay for any insurance, Agent may, at its option, but shall not be required to, procure the insurance and charge Obligors Borrowers therefor. Each Obligor agrees to deliver to Agent, promptly as rendered, copies of all material reports made to insurance companies. While no Event of Default exists, Obligors Borrowers may settle, adjust or compromise any insurance claim, and, subject to clause (b) below and Section 5.3(c), the proceeds will be delivered to Borrower Agent. If an Event of Default exists, the Obligors only Agent shall not settle any insurance claim with a value in excess of $3,000,000 without the consent of Agentbe authorized to settle, adjust and compromise such claims.
Appears in 2 contracts
Samples: Credit and Security Agreement (Titan International Inc), Credit and Security Agreement (Titan International Inc)
Insurance of Collateral. (a) Each Obligor shall maintain insurance with respect to the Collateral, covering casualty, hazard, theft, malicious mischief, flood and other risks, in amounts, with endorsements and with insurers (with a Best rating Best’s Financial Strength Rating of at least A+A-VII, unless otherwise approved by Agent in its discretionAgent) reasonably satisfactory to Agent. All proceeds under each policy related to Collateral shall be payable to Borrower Agent, subject to clause (b) below and Section 5.3(c). From time to time upon request, Obligors Xxxxxxxx shall deliver to Agent the originals or certified copies of its insurance policies and most recently available flood plain searchespolicies. Unless Agent shall agree otherwise, each Each policy of Obligors shall include satisfactory endorsements (i) showing Agent as Lenders’ loss payee with respect to insurance covering Collateralpayee; (ii) requiring 30 days (or 10 days with respect to non-payment of premium) prior written notice to Agent in the event of cancellation of the policy for any reason whatsoever whatsoever; and (iii) to the extent available from the applicable insurer, a clause or endorsement stating specifying that the interest of Agent shall not be impaired or invalidated by any act or neglect of the insured Person any Obligor or the owner of any premisesthe Property, including, without limitation, as a result nor by the occupation of the use of any such premises for purposes more hazardous than are permitted by such the policy. If any Obligor fails to provide and pay for any insurance, Agent may, at its option, but shall not be required to, procure the insurance and charge Obligors therefor. Each Obligor agrees to deliver to Agent, promptly as rendered, copies of all material reports made to insurance companies. While no Event of Default exists, Obligors may settle, adjust or compromise any insurance claim, and, subject to clause (b) below and Section 5.3(c), the proceeds will be delivered to Borrower Agent. If an Event of Default exists, only Agent shall be authorized to settle, adjust and compromise such claims. (b) After and for so long as a Trigger Period (Dominion) exists, any proceeds of insurance (other than proceeds from workers’ compensation or D&O insurance) arising from or related to any Collateral shall be paid to Agent. Any such proceeds shall be applied to payment of the Obligors shall not settle Revolver Loans, and then to any insurance claim with a value in excess of $3,000,000 without the consent of Agentother Obligations outstanding. 8.6.3.
Appears in 1 contract
Samples: Credit and Security Agreement (Titan International Inc)
Insurance of Collateral. (a) Each Obligor Borrower shall maintain insurance with respect to the Collateral, covering casualty, hazard, theft, malicious mischief, flood and other risks, in amounts, with endorsements and with insurers (with a Best rating Best’s Financial Strength Rating of at least A+A-VII, unless otherwise approved by Agent in its discretionAgent) reasonably satisfactory to Agent. All proceeds under each policy related to Collateral shall be payable to Borrower Agent, subject to clause (b) below and Section 5.3(c). From time to time upon request, Obligors Borrowers shall deliver to Agent the originals or certified copies of its insurance policies and most recently available flood plain searchespolicies. Unless Agent shall agree otherwise, each policy of Obligors shall include satisfactory endorsements (i) showing Agent as Lenders’ loss payee with respect to insurance covering Collateralpayee; (ii) requiring 30 days prior written notice to Agent in the event of cancellation of the policy for any reason whatsoever whatsoever; and (iii) to the extent available from the applicable insurer, a clause or endorsement stating specifying that the interest of Agent shall not be impaired or invalidated by any act or neglect of the insured Person any Borrower or the owner of any premisesthe Property, including, without limitation, as a result nor by the occupation of the use of any such premises for purposes more hazardous than are permitted by such the policy. If any Obligor Borrower fails to provide and pay for any insurance, Agent may, at its option, but shall not be required to, procure the insurance and charge Obligors Borrowers therefor. Each Obligor agrees to deliver to Agent, promptly as rendered, copies of all material reports made to insurance companies. While no Event of Default exists, Obligors Borrowers may settle, adjust or compromise any insurance claim, and, subject to clause (b) below and Section 5.3(c), the proceeds will be delivered to Borrower Agent. If an Event of Default exists, the Obligors only Agent shall not settle any insurance claim with a value in excess of $3,000,000 without the consent of Agentbe authorized to settle, adjust and compromise such claims.
Appears in 1 contract
Samples: Credit and Security Agreement (Titan International Inc)
Insurance of Collateral. (a) Each Obligor Borrower shall maintain and pay for insurance upon all Collateral owned by it wherever located and with respect to the CollateralBorrower's business, covering casualty, hazard, theft, malicious mischief, flood public liability and such other risks, risks in amounts, with endorsements such amounts and with insurers (with a Best rating of at least A+, unless otherwise approved by Agent in its discretion) such insurance companies as are reasonably satisfactory to Agent. From time to time upon request, Obligors Borrower shall deliver the originals of such policies or copies of the originals of such policies with original certificates of insurance to Agent with satisfactory lender's loss payable endorsements or collateral assignments thereof, naming Agent for its benefit and the originals ratable benefit of Lenders as loss payee, assignee or certified copies of its insurance policies and most recently available flood plain searchesadditional insured, as appropriate. Unless Agent shall agree otherwise, each Each policy of Obligors insurance or endorsement shall include satisfactory endorsements (i) showing Agent as loss payee with respect contain a clause requiring the insurer to insurance covering Collateral; (ii) requiring give not less than 30 days prior written notice to Agent in the event of cancellation of the policy for any reason whatsoever and (iii) to the extent available from the applicable insurer, a clause or endorsement stating specifying that the interest of Agent shall not be impaired or invalidated by any act or neglect of the insured Person Borrower or the owner of any premises, including, without limitation, as a result the Property or by the occupation of the use of any such premises for purposes more hazardous than are permitted by such said policy. If any Obligor Borrower fails to provide and pay for any such insurance, Agent may, at its option, option but shall not be required to, procure the insurance same and charge Obligors Borrower therefor. Each Obligor Borrower agrees to deliver to Agent, promptly as rendered, true copies of all material reports made in any reporting forms to insurance companies. While no Event of Default exists, Obligors may settle, adjust or compromise any insurance claim. If an Event of Default existsThe foregoing notwithstanding, the Obligors provisions of this Section 6.1.2 shall not settle any apply to the life insurance claim policies Borrower maintains on the lives of certain of its highly compensated employees in connection with a value in excess of $3,000,000 without the consent of Agent.deferred compensation obligations owed to such employees. VPCHI01/#254442.6 2/2/98 18
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Insurance of Collateral. (a) Each Obligor shall maintain insurance with respect to the CollateralCollateral (other than Accounts and trademarks), covering casualty, hazard, public liability, theft, malicious mischief, flood and such other risks, in amounts, with endorsements such amounts and with insurers (with a Best rating of at least A+, unless otherwise approved by Agent such endorsements as are in its discretion) each case reasonably satisfactory to Agent, and with such insurers as are reasonably satisfactory to Agent or with any other insurers rated A+ or better by A.M. Best Rating Guide. All proceeds under each policy relating to Collateral shall be payable to Agent. From time to time upon reasonable request, Obligors Obligors, shall deliver to Agent the originals or certified copies of its insurance policies and most recently available flood plain searchespolicies. Unless Agent shall agree otherwise, each policy of Obligors shall include reasonably satisfactory endorsements (i) showing Agent as loss payee with respect to insurance covering Collateralor additional insured, as appropriate; (ii) requiring 10 days prior written notice to Agent in the event of cancellation of the policy for non-payment of premium and requiring 30 days prior written notice to Agent in the event of cancellation of the policy for any reason whatsoever other reason; and (iii) to the extent available from the applicable insurer, a clause or endorsement stating specifying that the interest of Agent shall not be impaired or invalidated by any act or neglect of the insured Person any Obligor or the owner of any premisesthe Property, including, without limitation, as a result nor by the occupation of the use of any such premises for purposes more hazardous than are permitted by such the policy. If any Obligor fails to provide and pay for any such insurance, Agent may, at its option, but shall not be required to, procure the insurance and charge Obligors therefor. Each Obligor agrees to deliver to Agent, promptly as rendered, copies of all material reports made to insurance companies. While no Event of Default existsexists and Availability exceeds $40,000,000, Obligors may settle, adjust or compromise any insurance claim. If an Event of Default existsexists or Availability is less than $40,000,000, the Obligors only Agent shall not settle any insurance claim with a value in excess of $3,000,000 without the consent of Agentbe authorized to settle, adjust and compromise such claims.
Appears in 1 contract
Insurance of Collateral. (a) Each Obligor Borrower shall maintain and pay for insurance upon all Collateral wherever located and with respect to the CollateralBorrower's business, covering casualty, hazard, theft, malicious mischief, flood public liability and such other risks, risks in amounts, with endorsements such amounts and with insurers (with insurance companies and such deductibles as would be maintained by a Best rating of at least A+, unless otherwise approved by Agent prudent operator in its discretion) the same business as Borrower and as are reasonably satisfactory to Agent. From time to time upon request, Obligors Borrower shall deliver to Agent the originals or certified copies of its insurance such policies to Agent with satisfactory lender's loss payable endorsements, naming Agent, for the ratable benefit of Lenders, as lender's loss payee, or assignee and most recently available flood plain searchesnaming Agent and each of the Lenders as additional insured or mortgagee, as appropriate. Unless Agent shall agree otherwise, each Each policy of Obligors insurance or endorsement shall include satisfactory endorsements contain a clause requiring the insurer to give not less than thirty (i30) showing Agent as loss payee with respect to insurance covering Collateral; (ii) requiring 30 days prior written notice to Agent in the event of cancellation of the policy for any reason whatsoever and (iii) to the extent available from the applicable insurer, a clause or endorsement stating specifying that the interest interests of Agent and the Lenders shall not be impaired or invalidated by any act or neglect of the insured Person Borrower or the owner of any premises, including, without limitation, as a result the Collateral or by the occupation of the use of any such premises for purposes more hazardous than are permitted by such said policy. If any Obligor Borrower fails to provide and pay for any such insurance, Agent may, at its option, but shall not be required to, procure the insurance same and charge Obligors Borrower therefor. Each Obligor Borrower agrees to deliver to Agent, promptly as rendered, true copies of all material reports made in any reporting forms to insurance companies. While no Event of Default exists, Obligors may settle, adjust or compromise any insurance claim. If an Event of Default exists, the Obligors shall not settle any insurance claim with a value in excess of $3,000,000 without the consent of Agent.
Appears in 1 contract
Samples: Loan and Security Agreement (Gentiva Health Services Inc)
Insurance of Collateral. (a) Insurance and Condemnation --------------------------------------------------- Proceeds. Each Obligor Borrower shall maintain and pay for insurance with respect to the upon all -------- Collateral, wherever located, covering casualty, hazard, public liability, theft, malicious mischief, flood and such other risks, risks in amounts, with endorsements such amounts and with insurers (with a Best rating of at least A+, unless otherwise approved by Agent in its discretion) such insurance companies as are reasonably satisfactory to Agent. From time All proceeds payable under each such policy shall be payable to time upon request, Obligors Agent for application to the Obligations. Each Borrower shall deliver to Agent the originals or certified copies of its insurance such policies and most recently available flood plain searchesto Agent with satisfactory lender's loss payable endorsements reasonably satisfactory to Agent, naming Agent as sole loss payee, assignee or additional insured, as appropriate. Unless Agent shall agree otherwise, each Each policy of Obligors insurance or endorsement shall include satisfactory endorsements (i) showing Agent as loss payee with respect contain a clause requiring the insurer to insurance covering Collateral; (ii) requiring give not less than 30 days prior written notice to Agent in the event of cancellation of the policy for any reason whatsoever and (iii) to the extent available from the applicable insurer, a clause or endorsement stating specifying that the interest of Agent shall not be impaired or invalidated by any act or neglect of the insured Person any Borrower or the owner of any premises, including, without limitation, as a result the Property or by the occupation of the use of any such premises for purposes more hazardous than are permitted by such said policy. If any Obligor Borrower fails to provide and pay for any such insurance, Agent may, at its option, but shall not be required to, procure the insurance same and charge Obligors each Borrower therefor. Each Obligor Borrower agrees to deliver to Agent, promptly as rendered, true copies of all material reports made in any reporting forms to insurance companies. While For so long as no Event of Default exists, Obligors may each Borrower shall have the right to settle, adjust or and compromise any claim with respect to any insurance maintained by each Borrower provided that all proceeds thereof are applied in the manner specified in this Agreement, and Agent agrees promptly to provide any necessary endorsement to any checks or drafts issued in payment of any such claim. If 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 respect to such policies of insurance as are provided for in this Agreement and the Obligors shall not settle any insurance claim with a value in excess of $3,000,000 without the consent of Agentother Loan Documents.
Appears in 1 contract
Samples: Loan and Security Agreement (Gulf States Steel Inc /Al/)
Insurance of Collateral. (a) Each Obligor Borrower shall maintain and pay for insurance upon all Collateral wherever located and with respect to the Collateralbusiness of Borrower and each of its Subsidiaries, covering casualty, hazard, theftpublic liability, malicious mischief, flood workers' compensation and such other risks, risks in amounts, with endorsements such amounts and with insurers (with a Best rating of at least A+, unless otherwise approved by Agent in its discretion) such insurance companies as are reasonably satisfactory to AgentAgent and, with respect to the Term Loan Primary Collateral, the Majority Term Lenders. From time to time upon request, Obligors Borrower shall deliver to Agent the originals or certified copies of its insurance such policies and most recently available flood plain searches. Unless Agent shall agree otherwise, each policy of Obligors shall include satisfactory endorsements (i) showing to Agent as promptly as practicable, with satisfactory lender's loss payee 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 and, with respect to the Term Loan Primary Collateral, the Majority Term Lenders. Each policy of insurance covering Collateral; (ii) 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 (iii) to the extent available from the applicable insurer, a clause or endorsement stating specifying that the interest of Agent shall not be impaired or invalidated by any act or neglect of the insured Person Borrower, any of its Subsidiaries or the owner of any premises, including, without limitation, as a result the Property or by the occupation of the use of any such premises for purposes more hazardous than are permitted by such said policy. If any Obligor fails to provide and pay for any insurance, Agent may, at its option, but shall not be required to, procure the insurance and charge Obligors therefor. Each Obligor Borrower agrees to deliver to Agent, promptly as rendered, copies of all material reports made to insurance companies. While no Event of Default exists, Obligors may settle, adjust or compromise any insurance claim. If an Event of Default exists, the Obligors shall not settle any insurance claim with a value in excess of $3,000,000 without the consent of Agent.Agent and Term Loan Representative,
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