Insurance Premiums; Certificates of Insurance. (i) Borrower shall pay the premiums for such Policies (the “Insurance Premiums” ) as the same become due and payable and shall furnish to Lender the receipts for the payment of the Insurance Premiums or other evidence of such payment reasonably satisfactory to Lender (provided, however, that Borrower is not required to furnish such evidence of payment to Lender if such Insurance Premiums are to be paid by Lender pursuant to the terms of this Agreement). Within thirty (30) days after request by Lender, Borrower shall obtain such increases in the amounts of coverage required hereunder as may be reasonably requested in writing by Lender or as may be requested in writing by the Rating Agencies, (except with respect to the Terrorism Insurance), taking into consideration changes in liability laws, changes in prudent customs and practices, and the like. In the event Borrower satisfy the requirements under this Section 6.1 through the use of a Policy covering properties in addition to the Property (a “Blanket Policy”), then (unless such policy is provided in substantially the same manner as it is as of the date hereof), Borrower shall provide evidence satisfactory to Lender that the Insurance Premiums for the Property is separately allocated under such Policy to the Property and that payment of such allocated amount (A) shall maintain the effectiveness of such Policy as to the Property and (B) shall otherwise provide the same protection as would a separate policy that complies with the terms of this Agreement as to the Property, notwithstanding the failure of payment of any other portion of the insurance premiums. If no such allocation is available, Lender shall have the right to increase the amount required to be deposited into the Insurance Reserve Account in an amount sufficient to purchase a non-blanket Policy covering the Property from insurance companies which qualify under this Agreement. (ii) Borrower shall deliver to Lender on or prior to the Closing Date certificates setting forth in reasonable detail the material terms (including any applicable notice requirements) of all Policies from the respective insurance companies (or their authorized agents) that issued the Policies, including that such Policies may not be canceled or modified in any material respect without thirty (30) days’ prior notice to Lender, or ten (10) days’ notice with respect to nonpayment of premium. Borrower shall deliver to Lender, concurrently with each change in any Policy, a certificate with respect to such changed Policy certified by the insurance company issuing that Policy, in substantially the same form and containing substantially the same information as the certificates required to be delivered by Borrower pursuant to the first sentence of this clause (d)(ii) and stating that all premiums then due thereon have been paid to the applicable insurers and that the same are in full force and effect (or if such certificate and/or other information described in clause (d)(ii) shall not be obtainable by Borrower, Borrower may deliver an Officer’s Certificate to such effect in lieu thereof).
Appears in 6 contracts
Samples: Loan and Security Agreement (Strategic Hotels & Resorts, Inc), Loan and Security Agreement (Strategic Hotels & Resorts, Inc), Loan and Security Agreement (Strategic Hotels & Resorts, Inc)
Insurance Premiums; Certificates of Insurance. (i) Borrower Tenant shall pay the premiums for such Policies (the “"Insurance Premiums” ") as the same become due and payable and shall furnish to Lender Landlord the receipts for the payment of the Insurance Premiums or other evidence of such payment reasonably satisfactory to Lender Landlord (provided, however, that Borrower provided Tenant is not required to furnish such evidence of payment to Lender if such Insurance Premiums are to be paid by Lender pursuant to the terms of this AgreementCash Management Procedures relating to any Landlord's Debt). Within thirty (30) days after request by LenderLandlord, Borrower Tenant shall obtain such increases in the amounts of coverage required hereunder as may be reasonably requested in writing by Lender or as may be requested in writing by the Rating Agencies, (except with respect to the Terrorism Insurance)Landlord, taking into consideration changes in liability laws, changes in prudent customs and practices, and the like. In the event Borrower satisfy Tenant satisfies the requirements under this Section 6.1 10.1 through the use of a Policy covering properties in addition to the Property (a “Blanket Policy”)Leased Property, then (unless such policy is provided in substantially the same manner as it is as of the date hereof)then, Borrower at Landlord's request, Tenant shall provide to Landlord evidence satisfactory to Lender it that the Insurance Premiums for the Leased Property is are separately allocated under such Policy to the Leased Property and that payment of such allocated amount (A) shall maintain the effectiveness of such Policy as to the Leased Property and (B) shall otherwise provide the same protection as would a separate policy that complies with the terms of this Agreement as to the Property, notwithstanding the failure of payment of any other portion of the insurance premiums. If no such allocation is required by the immediately preceding sentence, but such allocation is not available, Lender Landlord shall have the right to increase the amount any tax and insurance escrow account required to be deposited into the Insurance Reserve Account in connection with Landlord's Debt in an amount sufficient to purchase a non-blanket Policy covering the Leased Property covered by such Policy from insurance companies which qualify under this AgreementLease.
(ii) Borrower Tenant shall deliver to Lender Landlord on or prior to the Closing Date certificates setting forth in reasonable detail the material terms (including any applicable notice requirements) of all Policies from the respective insurance companies (or their authorized agents) that issued the Policies, including that such Policies may not be canceled or modified in any material respect a manner that would result in such Policies not complying with the provisions of this Section 10.1, canceled, terminated or not renewed without thirty (30) days’ ' prior notice to LenderLandlord, or ten (10) days’ ' notice with respect to nonpayment of premium. Borrower Tenant shall deliver to LenderLandlord, concurrently with each material change in any Policy, a certificate with respect to such changed Policy certified by the insurance company issuing that Policy, in substantially the same form and containing substantially the same information as the certificates required to be delivered by Borrower Tenant pursuant to the first sentence of this clause (d)(ii) and stating that all premiums then due thereon have been paid to the applicable insurers and that the same are in full force and effect (or if such certificate and/or other information described in clause (d)(ii) and report shall not be obtainable by BorrowerTenant, Borrower Tenant may deliver an Officer’s 's Certificate to such effect in lieu thereof).
Appears in 3 contracts
Samples: Master Lease Agreement (Vornado Operating Co), Master Lease Agreement (Vornado Operating Co), Master Lease Agreement (Vornado Operating Co)
Insurance Premiums; Certificates of Insurance. (i) Borrower Tenant shall pay the premiums for such Policies (the “Insurance Premiums” ”) as the same become due and payable and shall furnish to Lender Landlord the receipts for the payment of the Insurance Premiums or other evidence of such payment reasonably satisfactory to Lender (provided, however, that Borrower is not required to furnish such evidence of payment to Lender if such Insurance Premiums are to be paid by Lender pursuant to the terms of this Agreement). Within thirty (30) days after request by Lender, Borrower shall obtain such increases in the amounts of coverage required hereunder as may be reasonably requested in writing by Lender or as may be requested in writing by the Rating Agencies, (except with respect to the Terrorism Insurance), taking into consideration changes in liability laws, changes in prudent customs and practices, and the likeLandlord. In the event Borrower satisfy Tenant satisfies the requirements under this Section 6.1 10.1 through the use of a Policy covering properties in addition to the Property (a “Blanket Policy”)Leased Property, then (unless such policy is provided in substantially the same manner as it is as of the date hereof)then, Borrower at Landlord’s request, Tenant shall provide to Landlord evidence satisfactory to Lender it that the Insurance Premiums for the Leased Property is are separately allocated under such Policy to the Leased Property and that payment of such allocated amount (A) shall maintain the effectiveness of such Policy as to the Leased Property and (B) shall otherwise provide the same protection as would a separate policy that complies with the terms of this Agreement as to the Property, notwithstanding the failure of payment of any other portion of the insurance premiums. If no such allocation is required by the immediately preceding sentence, but such allocation is not available, Lender Landlord shall have the right to increase the amount deposits into an insurance Escrow Account otherwise required to be deposited into the Insurance Reserve Account under Section 3.6 in an amount sufficient to purchase a non-blanket Policy covering the Leased Property covered by such Policy from insurance companies which qualify under this AgreementLease.
(ii) Borrower Tenant shall deliver to Lender Landlord on or prior to the Closing Commencement Date certificates setting forth in reasonable detail the material terms (including any applicable notice requirements) of all Policies from the respective insurance companies (or their authorized agents) that issued the Policies, including that such Policies may not be canceled or modified in any material respect a manner that would result in such Policies not complying with the provisions of this Section 10.1, canceled, terminated or not renewed without thirty (30) days’ prior notice to LenderLandlord, or ten (10) days’ notice with respect to nonpayment of premium. Borrower Tenant shall deliver to LenderLandlord, concurrently with each material change in any Policy, a certificate with respect to such changed Policy certified by the insurance company issuing that Policy, in substantially the same form and containing substantially the same information as the certificates required to be delivered by Borrower Tenant pursuant to the first sentence of this clause (d)(iib)(ii) and stating that all premiums then due thereon have been paid to the applicable insurers and that the same are in full force and effect (or if such certificate and/or other information described in clause (d)(ii) and report shall not be obtainable by BorrowerTenant, Borrower Tenant may deliver an Officer’s Certificate to such effect in lieu thereof).
(iii) Landlord hereby confirms and acknowledges that Tenant has delivered to Landlord certificates of insurance with respect to Tenant’s insurance program, in amount, form and content so as to satisfy the requirements of this Section 10.1 in all material respects as of the Commencement Date and that any renewals or modifications that comply with the requirements of clause (b)(ii) and are otherwise not, in substance, materially different from the approved program in place on the Commencement Date shall be deemed to be in compliance.
Appears in 3 contracts
Samples: Master Lease Agreement (Toys R Us Property Co II, LLC), Master Lease Agreement (Toys R Us Property Co II, LLC), Master Lease Agreement (Toys R Us Property Co I, LLC)
Insurance Premiums; Certificates of Insurance. (i) Borrower shall pay the premiums for such Policies (the “Insurance Premiums” ”) as the same become due and payable and shall furnish to Lender the receipts for the payment of the Insurance Premiums or other evidence of such payment reasonably satisfactory to Lender (provided, however, that Borrower is are not required to furnish such evidence of payment to Lender if such Insurance Premiums are to be paid by Lender pursuant to the terms of this Agreement). Within thirty (30) days after request by Lender, Borrower shall obtain such increases in the amounts of coverage required hereunder as may be reasonably requested in writing by Lender or as may be requested in writing by the Rating Agencies, (except with respect to the Terrorism Insurance), taking into consideration changes in liability laws, changes in prudent customs and practices, and the like. In the event Borrower satisfy the requirements under this Section 6.1 through the use of a Policy covering properties in addition to the Property (a “Blanket Policy”), then (unless such policy is provided in substantially the same manner as it is as of the date hereof), Borrower shall provide evidence satisfactory to Lender that the Insurance Premiums for the Property is separately allocated under such Policy to the Property and that payment of such allocated amount (A) shall maintain the effectiveness of such Policy as to the Property and (B) shall otherwise provide the same protection as would a separate policy that complies with the terms of this Agreement as to the Property, notwithstanding the failure of payment of any other portion of the insurance premiums. If no such allocation is available, Lender shall have the right to increase the amount required to be deposited into the Insurance Reserve Account in an amount sufficient to purchase a non-blanket Policy covering the Property from insurance companies which qualify under this Agreement.
(ii) Borrower shall deliver to Lender on or prior to the Closing Date certificates setting forth in reasonable detail the material terms (including any applicable notice requirements) of all Policies from the respective insurance companies (or their authorized agents) that issued the Policies, including that such Policies may not be canceled or modified in any material respect without thirty (30) days’ prior notice to Lender, or ten (10) days’ notice with respect to nonpayment of premium. Borrower shall deliver to Lender, concurrently with each change in any Policy, a certificate with respect to such changed Policy certified by the insurance company issuing that Policy, in substantially the same form and containing substantially the same information as the certificates required to be delivered by Borrower pursuant to the first sentence of this clause (d)(ii) and stating that all premiums then due thereon have been paid to the applicable insurers and that the same are in full force and effect (or if such certificate and/or other information described in clause (d)(ii) shall not be obtainable by Borrower, Borrower may deliver an Officer’s Certificate to such effect in lieu thereof).
Appears in 2 contracts
Samples: Loan and Security Agreement (Strategic Hotels & Resorts, Inc), Loan and Security Agreement (Strategic Hotels & Resorts, Inc)
Insurance Premiums; Certificates of Insurance. (i) Borrower Borrowers shall cause the Property Owner to pay the premiums for such Policies (the “Insurance Premiums” ) as the same become due and payable and shall furnish to Lender the receipts for the payment of the Insurance Premiums or other evidence of such payment reasonably satisfactory to Lender (provided, however, that Borrower is Property Owners are not required to furnish such evidence of payment to Lender if such Insurance Premiums are to be paid by Lender pursuant to the terms of this Agreement). Within thirty (30) days after request by Lender, Borrower Borrowers shall cause Property Owners to obtain such increases in the amounts of coverage required hereunder as may be reasonably requested in writing by Lender or as may be requested in writing by the Rating Agencies, (except with respect to the Terrorism Insurance), taking into consideration changes in liability laws, changes in prudent customs and practices, and the like. In the event Borrower satisfy the requirements under this Section 6.1 8.1 are satisfied by the Property Owners through the use of a Policy covering properties in addition to the Property Properties (a “Blanket Policy”), then (unless such policy is provided in substantially the same manner as it is as of the date hereof), Borrower Borrowers shall provide or shall cause to be provided evidence satisfactory to Lender that the Insurance Premiums for the applicable Property is or Properties are separately allocated under such Policy to the applicable Property or Properties and that payment of such allocated amount (A) shall maintain the effectiveness of such Policy as to the such Property or Properties and (B) shall otherwise provide the same protection as would a separate policy that complies with the terms of this Agreement as to the Propertysuch Property or Properties, notwithstanding the failure of payment of any other portion of the insurance premiums. If no such allocation is available, Lender shall have the right to increase the amount required to be deposited into the Insurance Reserve Account in an amount sufficient to purchase a non-blanket Policy covering the Property from insurance companies which qualify under this Agreement.
(ii) Borrower Borrowers shall deliver or cause to be delivered to Lender on or prior to the Closing Date certificates setting forth in reasonable detail the material terms (including any applicable notice requirements) of all Policies from the respective insurance companies (or their authorized agents) that issued the Policies, including that such Policies may not be canceled or modified in any material respect without thirty (30) days’ prior notice to Lender, or ten (10ten(10) days’ notice with respect to nonpayment of premium. Borrower Borrowers shall deliver or cause to be delivered to Lender, concurrently with each change in any Policy, a certificate with respect to such changed Policy certified by the insurance company issuing that Policy, in substantially the same form and containing substantially the same information as the certificates required to be delivered or caused to be delivered by Borrower Borrowers pursuant to the first sentence of this clause (d)(ii) and stating that all premiums then due thereon have been paid to the applicable insurers and that the same are in full force and effect (or if such certificate and/or other information described in this clause (d)(ii) shall not be obtainable by Borrowerobtainable, Borrower Borrowers may deliver or cause to be delivered an Officer’s Certificate to such effect in lieu thereof).
Appears in 1 contract
Samples: Mezzanine Loan Agreement (Strategic Hotel Capital Inc)
Insurance Premiums; Certificates of Insurance. (i) Borrower Except as provided in this clause (b)(i), Tenant shall pay the premiums for such Policies (the “Insurance Premiums” ”) as the same become due and payable and shall furnish to Lender the receipts for the payment Policies in advance to Landlord, in monthly installments as provided in Section 3.1(e) hereof, subject at all times to the limitations set forth in Section 3.1(g). Notwithstanding the foregoing, during any period that Tenant (A) elects to provide any liability or property insurance required to be maintained pursuant to this Lease under a single liability or property insurance policy, as applicable, covering the Leased Property and at least 75% of the Insurance Premiums other United States restaurant locations owned or other evidence ground leased and operated by Guarantor and its wholly owned subsidiaries and which otherwise satisfies the requirements of such payment reasonably satisfactory to Lender (provided, however, that Borrower is not required to furnish such evidence of payment to Lender if such Insurance Premiums are the Policies to be paid by Lender pursuant to the terms of this Agreement). Within thirty provided hereunder (30) days after request by Lenderany such policy, Borrower shall obtain such increases in the amounts of coverage required hereunder as may be reasonably requested in writing by Lender or as may be requested in writing by the Rating Agencies, (except with respect to the Terrorism Insurance), taking into consideration changes in liability laws, changes in prudent customs and practices, and the like. In the event Borrower satisfy the requirements under this Section 6.1 through the use of a Policy covering properties in addition to the Property (a an “Acceptable Blanket Policy”), then ) and (unless such policy is provided in substantially the same manner as it is as of the date hereof), Borrower shall provide B) provides to Landlord evidence satisfactory to Lender it that the Acceptable Blanket Policy is in full force and effect and either (i) there has been no Guarantor Change of Control or (ii) the Insurance Premiums for the Property is separately allocated under such Acceptable Blanket Policy to for the Property and that payment of such allocated amount (A) applicable policy period have been prepaid for the applicable policy period at least one month in advance, Tenant shall maintain the effectiveness of such Policy as to the Property and (B) shall otherwise provide the same protection as would a separate policy that complies with the terms of this Agreement as to the Property, notwithstanding the failure of payment of any other portion of the insurance premiums. If no such allocation is available, Lender shall have the right to increase the amount not be required to be deposited into make the monthly installment payments for the Insurance Reserve Account in an amount sufficient Premiums to purchase a non-blanket Policy covering the Property from insurance companies which qualify under this AgreementLandlord hereunder.
(ii) Borrower Tenant shall deliver to Lender Landlord on or prior to the Closing Commencement Date certificates setting forth in reasonable detail the material terms (including any applicable notice requirements) of all Policies from the respective insurance companies (or their authorized agents) that issued the Policies, including that such Policies may not be canceled or modified in any material respect a manner that would result in such Policies not complying with the provisions of this Section 10.1, canceled, terminated or not renewed without thirty (30) days’ prior notice to LenderLandlord, or ten (10) days’ notice with respect to nonpayment of premium. Borrower Tenant shall deliver to LenderLandlord, concurrently with each material change in any Policy, a certificate with respect to such changed Policy certified by the insurance company issuing that Policy, in substantially the same form and containing substantially the same information as the certificates required to be delivered by Borrower Tenant pursuant to the first sentence of this clause (d)(ii) and stating that all premiums then due thereon have been paid to the applicable insurers and that the same are in full force and effect (or if such certificate and/or other information described in clause (d)(ii) and report shall not be obtainable by BorrowerTenant, Borrower Tenant may deliver an Officer’s Certificate to such effect in lieu thereof).
Appears in 1 contract
Samples: Master Lease Agreement (Cheeseburger-Ohio, Limited Partnership)
Insurance Premiums; Certificates of Insurance. (ia) Borrower shall pay the premiums for such Policies (the “Insurance Premiums” ”) as the same become due and payable and shall furnish to Lender the receipts for the payment of the Insurance Premiums or other evidence of such payment reasonably satisfactory to Lender (provided, however, that Borrower is not required to furnish such evidence of payment to Lender if such Insurance Premiums are to be paid by Lender pursuant to the terms of this Agreement). Within thirty (30) days after request by Lender, Borrower shall obtain such increases in the amounts of coverage required hereunder as may be reasonably requested in writing by Lender or as may be requested in writing by the Rating Agencies, (except with respect to the Terrorism Insurance), taking into consideration changes in liability laws, changes in prudent customs and practices, and the like. In the event Borrower satisfy satisfies the requirements under this Section 6.1 8.1 through the use of a Policy covering properties in addition to the Property (a “Blanket Policy”), then (unless such policy is provided in substantially the same manner as it is as of the date hereof), Borrower shall provide evidence satisfactory to Lender that the Insurance Premiums for the Property is are separately allocated under such Policy to the Property and that payment of such allocated amount (A) shall maintain the effectiveness of such Policy as to the Property and (B) shall otherwise provide the same protection as would a separate policy that complies with the terms of this Agreement as to the Property, notwithstanding the failure of payment of any other portion of the insurance premiums. If no such allocation is available, Lender shall have the right to increase the amount required to be deposited into the Tax and Insurance Reserve Escrow Account in by an amount sufficient to purchase a non-blanket non Blanket Policy covering the Property from insurance companies which qualify under this Agreement.
(iib) Borrower shall deliver to Lender on or prior to the Closing Date certificates setting forth in reasonable detail the material terms (including any applicable notice requirements) of all Policies from the respective insurance companies (or their authorized agents) that issued the Policies, including that such Policies may not be canceled or modified in any material respect without thirty (30) days’ prior notice to Lender, or ten (10) days’ notice with respect to nonpayment of premium. Borrower shall deliver to Lender, concurrently with each change in any Policy, a certificate with respect to such changed Policy certified by the insurance company issuing that Policy, in substantially the same form and containing substantially the same information as the certificates required to be delivered by Borrower pursuant to the first sentence of this clause (d)(ii8.1.4(b) and stating that all premiums then due thereon have been paid to the applicable insurers and that the same are in full force and effect (or if such certificate and/or other information described in clause (d)(ii8.4.1(b) shall not be obtainable by Borrower, Borrower may deliver an Officer’s Certificate to such effect in lieu thereof).
Appears in 1 contract
Samples: Loan Agreement (Colony Resorts LVH Acquisitions LLC)
Insurance Premiums; Certificates of Insurance. (i) Borrower shall pay or cause to be paid the premiums for such Policies (the “Insurance Premiums” "INSURANCE PREMIUMS") as the same become due and payable and shall furnish to Lender Agent on behalf of the Lenders upon request the receipts for the payment of the Insurance Premiums or other evidence of such payment reasonably satisfactory to Lender Agent (providedPROVIDED, howeverHOWEVER, that Borrower is not required to furnish such evidence of payment to Lender shall not be required if such Insurance Premiums are to be paid by Lender Agent on behalf of the Lenders pursuant to the terms of this Agreement). Within thirty (30) days after request by LenderAgent, Borrower shall obtain such increases in the amounts of coverage required hereunder as may be reasonably requested in writing by Lender or as may be requested in writing by the Rating Agencies, (except with respect to the Terrorism Insurance)Agent, taking into consideration changes in liability laws, changes in prudent customs and practices, and the like. In the event a Borrower satisfy satisfies the requirements under this Section 6.1 SECTION 8.
1.1 through the use of a Policy covering properties in addition to the a Mortgaged Property (a “Blanket Policy”)or Properties, then (unless such policy is provided in substantially the same manner as it is as of the date hereof), Borrower shall provide evidence satisfactory to Lender Agent that the Insurance Premiums for the applicable Mortgaged Property is or Properties are separately allocated under such Policy to the applicable Mortgaged Property or Properties and that payment of such allocated amount (A) shall maintain the effectiveness of such Policy as to the such Mortgaged Property or Properties and (B) shall otherwise provide the same protection as would a separate policy that complies with the terms of this Agreement as to the Propertysuch Mortgaged Property or Properties, notwithstanding the failure of payment of any other portion of the insurance premiums. If no such allocation is available, Lender shall have the right to increase the amount required to be deposited into the Insurance Reserve Account in an amount sufficient to purchase a non-blanket Policy covering the Property from insurance companies which qualify under this Agreement.
(ii) Borrower shall deliver to Lender Agent on behalf of the Lenders on or prior to the Closing Date certificates setting forth in reasonable detail the material terms (including any applicable notice requirements) of all Policies from the respective insurance companies (or their authorized agents) that issued the Policies, including that such Policies may not be canceled reduced, cancelled, or modified terminated in any material respect amount of, or materially changed (other than increased) in coverage without thirty (30) days’ ' prior notice to LenderAgent, or ten (10) days’ ' notice with respect to nonpayment of premium. Borrower shall deliver to LenderAgent, concurrently with each change in any Policy, a certificate with respect to such changed Policy certified by the insurance company (or its agent) issuing that Policy, in substantially the same form and containing substantially the same information as the certificates required to be delivered by Borrower pursuant to the first sentence of this clause CLAUSE (d)(ii) and stating that all premiums then due thereon have been paid to the applicable insurers and that the same are in full force and effect (or if such certificate and/or other information described in clause (d)(ii) and report shall not be obtainable by Borrower, Borrower may deliver an Officer’s 's Certificate to such effect in lieu thereof).
Appears in 1 contract
Insurance Premiums; Certificates of Insurance. (i) Borrower Borrowers shall pay the premiums for such Policies (the “Insurance Premiums” ) as the same become due and payable and shall furnish to Lender the receipts for the payment of the Insurance Premiums or other evidence of such payment reasonably satisfactory to Lender (provided, however, that Borrower is Borrowers are not required to furnish such evidence of payment to Lender if such Insurance Premiums are to be paid by Lender pursuant to the terms of this Agreement). Within thirty (30) days after request by Lender, Borrower Borrowers shall obtain such increases in the amounts of coverage required hereunder as may be reasonably requested in writing by Lender or as may be requested in writing by the Rating Agencies, (except with respect to the Terrorism Insurance), taking into consideration changes in liability laws, changes in prudent customs and practices, and the like. In the event Borrower Borrowers satisfy the requirements under this Section 6.1 8.1 through the use of a Policy covering properties in addition to the Property Properties (a “Blanket Policy”), then (unless such policy is provided in substantially the same manner as it is as of the date hereof), Borrower Borrowers shall provide evidence satisfactory to Lender that the Insurance Premiums for the applicable Property is or Properties are separately allocated under such Policy to the applicable Property or Properties and that payment of such allocated amount (A) shall maintain the effectiveness of such Policy as to the such Property or Properties and (B) shall otherwise provide the same protection as would a separate policy that complies with the terms of this Agreement as to the Propertysuch Property or Properties, notwithstanding the failure of payment of any other portion of the insurance premiums. If no such allocation is available, Lender shall have the right to increase the amount required to be deposited into the Tax and Insurance Reserve Escrow Account in an amount sufficient to purchase a non-blanket Policy covering the applicable Property or Properties from insurance companies which qualify under this Agreement.
(ii) Borrower Borrowers shall deliver to Lender on or prior to the Closing Date certificates setting forth in reasonable detail the material terms (including any applicable notice requirements) of all Policies from the respective insurance companies (or their authorized agents) that issued the Policies, including that such Policies may not be canceled or modified in any material respect without thirty (30) days’ prior notice to Lender, or ten (10) days’ notice with respect to nonpayment of premium. Borrower Borrowers shall deliver to Lender, concurrently with each change in any Policy, a certificate with respect to such changed Policy certified by the insurance company issuing that Policy, in substantially the same form and containing substantially the same information as the certificates required to be delivered by Borrower Borrowers pursuant to the first sentence of this clause (d)(ii) and stating that all premiums then due thereon have been paid to the applicable insurers and that the same are in full force and effect (or if such certificate and/or other information described in clause (d)(ii) shall not be obtainable by BorrowerBorrowers, Borrower Borrowers may deliver an Officer’s Certificate to such effect in lieu thereof).
Appears in 1 contract
Insurance Premiums; Certificates of Insurance. (i) Borrower Borrowers shall cause First Mezzanine Borrowers to cause the Property Owners to pay the premiums for such Policies (the “Insurance Premiums” ) as the same become due and payable and shall furnish to Lender the receipts for the payment of the Insurance Premiums or other evidence of such payment reasonably satisfactory to Lender (provided, however, that Borrower is Property Owners are not required to furnish such evidence of payment to Lender if such Insurance Premiums are to be paid by Lender pursuant to the terms of this Agreement). Within thirty (30) days after request by Lender, Borrowers shall cause First Mezzanine Borrower shall to cause Property Owners to obtain such increases in the amounts of coverage required hereunder as may be reasonably requested in writing by Lender or as may be requested in writing by the Rating Agencies, (except with respect to the Terrorism Insurance), taking into consideration changes in liability laws, changes in prudent customs and practices, and the like. In the event Borrower satisfy the requirements under this Section 6.1 8.1 are satisfied by the Property Owners through the use of a Policy covering properties in addition to the Property Properties (a “Blanket Policy”), then (unless such policy is provided in substantially the same manner as it is as of the date hereof), Borrower Borrowers shall provide or shall cause to be provided evidence satisfactory to Lender that the Insurance Premiums for the applicable Property is or Properties are separately allocated under such Policy to the applicable Property or Properties and that payment of such allocated amount (A) shall maintain the effectiveness of such Policy as to the such Property or Properties and (B) shall otherwise provide the same protection as would a separate policy that complies with the terms of this Agreement as to the Propertysuch Property or Properties, notwithstanding the failure of payment of any other portion of the insurance premiums. If no such allocation is available, Lender shall have the right to increase the amount required to be deposited into the Insurance Reserve Account in an amount sufficient to purchase a non-blanket Policy covering the Property from insurance companies which qualify under this Agreement.
(ii) Borrower Borrowers shall deliver or cause to be delivered to Lender on or prior to the Closing Date certificates setting forth in reasonable detail the material terms (including any applicable notice requirements) of all Policies from the respective insurance companies (or their authorized agents) that issued the Policies, including that such Policies may not be canceled or modified in any material respect without thirty (30) days’ prior notice to Lender, or ten (10ten(10) days’ notice with respect to nonpayment of premium. Borrower Borrowers shall deliver or cause to be delivered to Lender, concurrently with each change in any Policy, a certificate with respect to such changed Policy certified by the insurance company issuing that Policy, in substantially the same form and containing substantially the same information as the certificates required to be delivered or caused to be delivered by Borrower Borrowers pursuant to the first sentence of this clause (d)(ii) and stating that all premiums then due thereon have been paid to the applicable insurers and that the same are in full force and effect (or if such certificate and/or other information described in this clause (d)(ii) shall not be obtainable by Borrowerobtainable, Borrower Borrowers may deliver or cause to be delivered an Officer’s Certificate to such effect in lieu thereof).
Appears in 1 contract
Samples: Mezzanine Loan Agreement (Strategic Hotel Capital Inc)
Insurance Premiums; Certificates of Insurance. (ia) Borrower shall pay the premiums for such Policies (the “Insurance Premiums” ”) as the same become due and payable and shall furnish to Lender the receipts for the payment of the Insurance Premiums or other evidence of such payment reasonably satisfactory to Lender (provided, however, that Borrower is not required to furnish such evidence of payment to Lender if such Insurance Premiums are to be paid by Lender pursuant to the terms of this Agreement). Within thirty (30) days after request by Lender, Borrower shall obtain such increases in the amounts of coverage required hereunder as may be reasonably requested in writing by Lender or as may be requested in writing by the Rating Agencies, (except with respect to the Terrorism Insurance), taking into consideration changes in liability laws, changes in prudent customs and practices, and the like. In the event Borrower satisfy satisfies the requirements under this Section 6.1 8.1 through the use of a Policy covering properties in addition to the Property (a “Blanket Policy”), then (unless such policy is provided in substantially the same manner as it is as of the date hereof), Borrower shall provide evidence satisfactory to Lender that the Insurance Premiums for the Property is are separately allocated under such Policy to the Property and that payment of such allocated amount (A) shall maintain the effectiveness of such Policy as to the Property and (B) shall otherwise provide the same protection as would a separate policy that complies with the terms of this Agreement as to the Property, notwithstanding the failure of payment of any other portion of the insurance premiums. If no such allocation is available, Lender shall have the right to increase the amount required to be deposited into the Tax and Insurance Reserve Escrow Account in an amount sufficient to purchase a non-blanket nonblanket Policy covering the Property from insurance companies which qualify under this Agreement.
(iib) Borrower shall deliver to Lender on or prior to the Closing Date certificates setting forth in reasonable detail the material terms (including any applicable notice requirements) of all Policies from the respective insurance companies (or their authorized agents) that issued the Policies, including that such Policies may not be canceled or modified in any material respect without thirty (30) days’ prior notice to Lender, or ten (10) days’ notice with respect to nonpayment of premium. Borrower shall deliver to Lender, concurrently with each change in any Policy, a certificate with respect to such changed Policy certified by the insurance company issuing that Policy, in substantially the same form and containing substantially the same information as the certificates required to be delivered by Borrower pursuant to the first sentence of this clause (d)(ii8.1.4(b) and stating that all premiums then due thereon have been paid to the applicable insurers and that the same are in full force and effect (or if such certificate and/or other information described in clause (d)(ii8.4.1(b) shall not be obtainable by Borrower, Borrower may deliver an Officer’s Certificate to such effect in lieu thereof).
Appears in 1 contract
Samples: Loan Agreement (Colony Resorts LVH Acquisitions LLC)
Insurance Premiums; Certificates of Insurance. (i) Borrower Tenant shall pay pay, or cause to be paid, the premiums for such Policies (the “Insurance Premiums” ”) as the same become due and payable and shall furnish to Lender Landlord the receipts for the payment of the Insurance Premiums or other evidence of such payment reasonably satisfactory to Lender Landlord (provided, however, that Borrower provided Tenant is not required to furnish such evidence of payment to Lender if such Insurance Premiums are to be paid by Lender pursuant to the terms of this AgreementCash Management Procedures relating to any Landlord’s Debt). Within thirty (30) days after request by LenderLandlord, Borrower Tenant shall obtain such increases in the amounts of coverage required hereunder as may be reasonably requested in writing by Lender or as may be requested in writing Landlord by the Rating Agencies, (except with respect to the Terrorism Insurance), taking into consideration reason of changes in liability laws, changes in prudent customs and practices, laws and the like. In the event Borrower satisfy Tenant satisfies the requirements under this Section 6.1 10.1 through the use of a Policy covering properties in addition to the Property (a “Blanket Policy”)Leased Property, then (unless such policy is provided in substantially the same manner as it is as of the date hereof)then, Borrower at Landlord’s request, Tenant shall provide to Landlord evidence satisfactory to Lender it that the Insurance Premiums for the Leased Property is are separately allocated under such Policy to the Leased Property and that payment of such allocated amount (A) shall maintain the effectiveness of such Policy as to the Leased Property and (B) shall otherwise provide the same protection as would a separate policy that complies with the terms of this Agreement as to the Property, notwithstanding the failure of payment of any other portion of the insurance premiums. If no such allocation is required by the immediately preceding sentence, but such allocation is not available, Lender Landlord shall have the right to increase the amount any tax and insurance reserve account required to be deposited into the Insurance Reserve Account in connection with Landlord’s Debt in an amount sufficient to purchase a non-blanket Policy covering the Leased Property covered by such Policy from insurance companies which qualify under this AgreementLease; provided that Tenant shall have the right to cause any such increased reserve account requirement to be reduced to pre-increase levels (and to have any increased amounts previously paid to be released from such reserve account) upon the effectiveness of a non-blanket policy covering the Leased Property.
(ii) Borrower Tenant shall deliver to Lender Landlord on or prior to the Closing Commencement Date certificates setting forth in reasonable detail the material terms (including any applicable notice requirements) of all Policies from the respective insurance companies (or their authorized agents) that issued the Policies, including that such Policies may not be canceled Modified in a manner that would result in such Policies not complying with the provisions of this Section 10.1, canceled, terminated or modified in any material respect not renewed without thirty (30) days’ prior notice to LenderLandlord, or ten (10) days’ notice with respect to nonpayment of premium. Borrower Tenant shall deliver to LenderLandlord, concurrently with promptly after each material change in any Policy, a certificate with respect to such changed Policy certified by the insurance company issuing that Policy, in substantially the same form and containing substantially the same information as the certificates required to be delivered by Borrower Tenant pursuant to the first sentence of this clause (d)(iib)(ii) and stating that all premiums then due thereon have been paid to the applicable insurers and that the same are in full force and effect (or if such certificate and/or other information described in clause (d)(ii) and report shall not be obtainable by BorrowerTenant, Borrower Tenant may deliver an Officer’s Certificate to such effect in lieu thereof).
Appears in 1 contract
Insurance Premiums; Certificates of Insurance. (i) Borrower Issuers shall pay the premiums for such Policies (the “"Insurance Premiums” " ) as the same become due and payable and shall furnish to Lender Note Trustee the receipts for the payment of the Insurance Premiums or other evidence of such payment reasonably satisfactory to Lender Note Trustee (provided, however, that Borrower is Issuers are not required to furnish such evidence of payment to Lender Note Trustee if such Insurance Premiums are to be paid by Lender Note Trustee pursuant to the terms of this AgreementIndenture). Within thirty (30) days after request by LenderNote Trustee, Borrower Issuers shall obtain such increases in the amounts of coverage required hereunder as may be reasonably requested in writing by Lender Note Trustee or as may be requested in writing by the Rating Agencies, (except with respect to the Terrorism Insurance), taking into consideration changes in liability laws, changes in prudent customs and practices, and the like. In the event Borrower Issuers satisfy the requirements under this Section 6.1 8.1 through the use of a Policy covering properties in addition to the Property Properties (a “"Blanket Policy”"), then (unless such policy is provided in substantially the same manner as it is as of the date hereof), Borrower Issuers shall provide evidence satisfactory to Lender Note Trustee that the Insurance Premiums for the applicable Property is or Properties are separately allocated under such Policy to the applicable Property or Properties and that payment of such allocated amount (A) shall maintain the effectiveness of such Policy as to the such Property or Properties and (B) shall otherwise provide the same protection as would a separate policy that complies with the terms of this Agreement Indenture as to the Propertysuch Property or Properties, notwithstanding the failure of payment of any other portion of the insurance premiums. If no such allocation is available, Lender Note Trustee shall have the right to increase the amount required to be deposited into the Tax and Insurance Reserve Escrow Account in an amount sufficient to purchase a non-blanket Policy covering the applicable Property or Properties from insurance companies which qualify under this AgreementIndenture.
(ii) Borrower Issuers shall deliver to Lender Note Trustee on or prior to the Closing Date certificates setting forth in reasonable detail the material terms (including any applicable notice requirements) of all Policies from the respective insurance companies (or their authorized agents) that issued the Policies, including that such Policies may not be canceled or modified in any material respect without thirty (30) days’ ' prior notice to LenderNote Trustee, or ten (10) days’ ' notice with respect to nonpayment of premium. Borrower Issuers shall deliver to LenderNote Trustee, concurrently with each change in any Policy, a certificate with respect to such changed Policy certified by the insurance company issuing that Policy, in substantially the same form and containing substantially the same information as the certificates required to be delivered by Borrower Issuers pursuant to the first sentence of this clause ------- (d)(ii) and stating that all premiums then due thereon have been paid to the applicable insurers and ------- that the same are in full force and effect (or if such certificate and/or other information described in clause (d)(ii) shall not be obtainable by BorrowerIssuers, Borrower Issuers may deliver an Officer’s 's -------------- Certificate to such effect in lieu thereof).
Appears in 1 contract
Insurance Premiums; Certificates of Insurance. (i) The Borrower shall cause the Property Owner to pay the premiums for such Policies (the “"Insurance Premiums” ") as the same become due and payable and shall furnish to the Lender the receipts for the payment of the Insurance Premiums or other evidence of such payment reasonably satisfactory to the Lender (provided, however, that Borrower is not required to furnish such evidence of payment to Lender shall not be required if such Insurance Premiums are to be paid by Lender pursuant to the terms of this party acting as agent under the Senior Loan Agreement). Within thirty (30) days after request by the Lender, the Borrower shall cause the Property Owner to obtain such increases in the amounts of coverage required hereunder as may be reasonably requested in writing by Lender or as may be requested in writing by the Rating Agencies, (except with respect to the Terrorism Insurance)Lender, taking into consideration changes in liability laws, changes in prudent customs and practices, and the like. In the event Borrower satisfy the Property Owner satisfies the requirements under this Section 6.1 8.1.1 through the use of a Policy or Policies covering properties in addition to the Property (a “Blanket Policy”)Mortgaged Property, then (unless such policy is provided in substantially then, the same manner as it is as of the date hereof), Borrower shall provide evidence satisfactory to the Lender that the Insurance Premiums for the Mortgaged Property is are separately allocated under such Policy or Policies to the Mortgaged Property and that payment of such allocated amount (A) shall maintain the effectiveness of such Policy or Policies as to the Mortgaged Property and (B) shall otherwise provide the same protection as would a separate policy or policies that complies complying with the terms of this Agreement as to the Mortgaged Property, notwithstanding the failure of payment of any other portion of the insurance premiums. If no such allocation is available, Lender shall have the right to increase the amount required to be deposited into the Insurance Reserve Account in an amount sufficient to purchase a non-blanket Policy covering the Property from insurance companies which qualify under this Agreement.
(ii) The Borrower shall deliver to the Lender on or prior to the Closing Date certificates setting forth in reasonable detail the material terms (including any applicable notice requirements) of all Policies from the respective insurance companies (or their authorized agents) that issued the Policies, including that such Policies may not be canceled reduced, cancelled or modified terminated in any material respect amount of, or materially changed (other than increased) in coverage without thirty (30) days’ ' prior notice to the Lender, or ten thirty (1030) days’ ' notice with respect to nonpayment of premiumpremium as required pursuant to Section 8.1.1(c)(vi). The Borrower shall deliver to the Lender, concurrently with each change in any Policy, a certificate with respect to such changed Policy certified by the insurance company issuing that Policy, in substantially the same form and containing substantially the same information as the certificates required to be delivered by the Borrower pursuant to the first sentence of this clause (d)(ii) and stating that all premiums then due thereon have been paid to the applicable insurers and that the same are in full force and effect (or if such certificate and/or other information described in clause (d)(ii) and report shall not be obtainable by the Borrower, the Borrower may deliver an Officer’s 's Certificate to such effect in lieu thereof). Notwithstanding the delivery of any Policies to the Lender, the Lender shall not be deemed by reason of the receipt thereof to have any Knowledge of the contents thereof.
(iii) From time to time, the Lender may request that the Borrower deliver or cause the Property Owner to deliver to the Lender, within ten (10) Business Days of receipt of such request, a report from a reputable and experienced insurance broker or from the insurer, setting forth the particulars as to all Policies obtained by the Property Owner pursuant to this Section 8.1.1 and then in effect and stating that all Insurance Premiums then due thereon have been paid in full to the applicable insurers (or the insurance brokers on behalf of the insurers), that such Policies are in full force and effect and that, in the opinion of such insurance broker or insurer, such Policies otherwise comply with the requirements of this Section 8.1.1.
Appears in 1 contract
Samples: Mezzanine Loan Agreement (Prime Group Realty Trust)
Insurance Premiums; Certificates of Insurance. (i) Borrower shall pay the premiums for such Policies (the “Insurance Premiums” "INSURANCE PREMIUMS") as the same become due and payable and shall furnish to Lender the receipts for the payment of the Insurance Premiums or other evidence of such payment reasonably satisfactory to Lender (provided, however, that Borrower is not required to furnish such evidence of payment to Lender if such Insurance Premiums are to be paid by Lender pursuant to the terms of this Agreement). Within thirty (30) days after request by Lender, Borrower shall obtain such increases in the amounts of coverage required hereunder as may be reasonably requested in writing by Lender or as may be requested in writing by the Rating Agencies, (except with respect to the Terrorism Insurance)Lender, taking into consideration changes in liability laws, changes in prudent customs and practices, and the like. In the event Borrower satisfy satisfies the requirements under this Section 6.1 8.1.1 through the use of a Policy covering properties in addition to the Property (a “Blanket Policy”)Mortgaged Properties, then (unless such policy is provided in substantially the same manner as it is as of the date hereof), Borrower shall provide evidence satisfactory to Lender that the Insurance Premiums for the Property is Mortgaged Properties are separately allocated under such Policy to the Property Mortgaged Properties and that payment of such allocated amount (A) shall maintain the effectiveness of such Policy as to the Property and (B) shall otherwise provide the same protection as would a separate policy that complies with the terms of this Agreement as to the Property, Mortgaged Properties notwithstanding the failure of payment of any other portion of the insurance premiums. If no such allocation is available, Lender shall have the right to increase the amount required to be deposited into the Tax, Insurance Reserve Account and Ground Lease Escrow in an amount sufficient to purchase a non-blanket Policy covering the Property Mortgaged Properties covered by such Policy from insurance companies which qualify under this Agreement.
(ii) Borrower shall deliver to Lender on or prior to the Closing Date certificates setting forth in reasonable detail the material terms (including any applicable notice requirements) of all Policies from the respective insurance companies (or their authorized agents) that issued the Policies, including that such Policies may not be canceled cancelled or modified in any material respect without thirty (30) days’ ' prior notice to Lender, or ten (10) days’ ' notice with respect to nonpayment of premium. Borrower shall deliver to Lender, concurrently with each material change in any Policy, a certificate with respect to such changed Policy certified by the insurance company issuing that Policy, in substantially the same form and containing substantially the same information as the certificates required to be delivered by Borrower pursuant to the first sentence of this clause (d)(ii) and stating that all premiums then due thereon have been paid to the applicable insurers and that the same are in full force and effect (or if such certificate and/or other information described in clause (d)(ii) and report shall not be obtainable by Borrower, Borrower may deliver an Officer’s 's Certificate to such effect in lieu thereof).
Appears in 1 contract
Insurance Premiums; Certificates of Insurance. (i) Borrower shall pay (or cause to be paid) the premiums for such Policies (the “Insurance Premiums” ”) as the same become due and payable and shall furnish to Lender the receipts for the payment of the Insurance Premiums or other evidence of such payment reasonably satisfactory to Lender (provided, however, that Borrower is not required to furnish such evidence of payment to Lender if such Insurance Premiums are to be paid by Lender pursuant to the terms of this Agreement). Within thirty (30) days after request by Lender, but not more frequently than once annually, Borrower shall obtain such increases in the amounts of coverage required hereunder as may be reasonably requested in writing by Lender or as may be requested in writing by the Rating Agencies, (except with respect to the Terrorism Insurance)Lender, taking into consideration changes in liability and/or laws, changes in prudent customs and practices, and the like. In the event Borrower satisfy satisfies the requirements under this Section 6.1 8.1.1 through the use of a Policy covering properties in addition to the Property (a “Blanket Policy”)other properties, then (unless such policy is provided in substantially the same manner as it is as of the date hereof), Borrower shall provide evidence reasonably satisfactory to Lender that the Insurance Premiums for the Property is separately allocated under such Policy to the Property and that payment of such allocated amount (A) shall maintain the effectiveness of such Policy as to the Property and (B) shall otherwise provide the same protection as would a separate policy that complies with the terms of this Agreement as to the Property, notwithstanding the failure of payment of any other portion of the insurance premiums. If no such allocation is available, Lender shall have the right to increase the amount required to be deposited into the Tax and Insurance Reserve Account Escrow in an amount sufficient to purchase a non-blanket Policy covering only the Property from insurance companies which qualify under this Agreement.
(ii) Borrower shall deliver to Lender on or prior to the Closing Date certificates setting forth in reasonable detail the material terms (including any applicable notice requirements) of all Policies from the respective insurance companies (or their authorized agents) that issued the Policies, including that such Policies may not be canceled canceled, modified, reduced or modified in any material respect terminated without thirty (30) days’ prior notice to Lender, or ten (10) days’ notice with respect Lender and stating that all premiums then due thereon have been paid to nonpayment of premiumthe applicable insurers for the current period and that the same are in full force and effect. Borrower shall deliver to Lender, concurrently with each material change in any Policy, a certificate with respect to such changed Policy certified by the insurance company issuing that Policy, in substantially the same form and containing substantially the same information as the certificates required to be delivered by Borrower pursuant to the first sentence of this clause (d)(ii) and stating that all premiums then due thereon have been paid to the applicable insurers and that the same are in full force and effect (or if such certificate and/or other information described in clause (d)(ii) and report shall not be obtainable by Borrower, Borrower may deliver an Officer’s Certificate to such effect in lieu thereof).
Appears in 1 contract
Insurance Premiums; Certificates of Insurance. (i) The Borrower shall cause the Property Owner to pay the premiums for such Policies (the “"Insurance Premiums” ") as the same become due and payable and shall furnish to Lender the Agent receipts for the payment of the Insurance Premiums or other evidence of such payment reasonably satisfactory to Lender the Agent (provided, however, that Borrower is not required to furnish such evidence of payment to Lender shall not be required if such Insurance Premiums are to be paid by Lender pursuant to the terms of this party acting as agent under the Senior Loan Agreement). Within thirty (30) days after request by Lenderthe Agent, the Borrower shall cause the Property Owner to obtain such increases in the amounts of coverage required hereunder as may be reasonably requested in writing by Lender or as may be requested in writing by the Rating Agencies, (except with respect to the Terrorism Insurance)Agent, taking into consideration changes in liability laws, changes in prudent customs and practices, and the like. In the event Borrower satisfy the Property Owner satisfies the requirements under this Section 6.1 8.1.1 through the use of a Policy or Policies covering properties in addition to the Property (a “Blanket Policy”)Mortgaged Property, then (unless such policy is provided in substantially then, the same manner as it is as of the date hereof), Borrower shall provide evidence satisfactory to Lender the Agent that the Insurance Premiums for the Mortgaged Property is are separately allocated under such Policy or Policies to the Mortgaged Property and that payment of such allocated amount (A) shall maintain the effectiveness of such Policy or Policies as to the Mortgaged Property and (B) shall otherwise provide the same protection as would a separate policy or policies that complies complying with the terms of this Agreement as to the Mortgaged Property, notwithstanding the failure of payment of any other portion of the insurance premiums. If no such allocation is available, Lender shall have the right to increase the amount required to be deposited into the Insurance Reserve Account in an amount sufficient to purchase a non-blanket Policy covering the Property from insurance companies which qualify under this Agreement.
(ii) The Borrower shall deliver to Lender the Agent on or prior to the Closing Date certificates setting forth in reasonable detail the material terms (including any applicable notice requirements) of all Policies from the respective insurance companies (or their authorized agents) that issued the Policies, including that such Policies may not be canceled reduced, cancelled or modified terminated in any material respect amount of, or materially changed (other than increased) in coverage without thirty (30) days’ ' prior notice to Lenderthe Agent, or ten thirty (1030) days’ ' notice with respect to nonpayment of premiumpremium as required pursuant to Section 8.1.1(d)(vi). The Borrower shall deliver to Lenderthe Agent, concurrently with each change in any Policy, a certificate with respect to such changed Policy certified by the insurance company issuing that Policy, in substantially the same form and containing substantially the same information as the certificates required to be delivered by the Borrower pursuant to the first sentence of this clause (d)(iie)(ii) and stating that all premiums then due thereon have been paid to the applicable insurers and that the same are in full force and effect (or if such certificate and/or other information described in clause (d)(ii) and report shall not be obtainable by the Borrower, the Borrower may deliver an Officer’s 's Certificate to such effect in lieu thereof). Notwithstanding the delivery of any Policies to the Agent or any Lender, neither the Agent nor any Lender shall be deemed by reason of the receipt thereof to have any Knowledge of the contents thereof.
(iii) From time to time, the Agent may request that the Borrower deliver or cause the Property Owner to deliver to the Agent, within ten (10) Business Days of receipt of such request, a report from a reputable and experienced insurance broker or from the insurer, setting forth the particulars as to all Policies obtained by the Property Owner pursuant to this Section 8.1.1 and then in effect and stating that all Insurance Premiums then due thereon have been paid in full to the applicable insurers, that such Policies are in full force and effect and that, in the opinion of such insurance broker or insurer, such Policies otherwise comply with the requirements of this Section 8.1.1.
Appears in 1 contract
Samples: Mezzanine Construction Loan Agreement (Prime Group Realty Trust)
Insurance Premiums; Certificates of Insurance. (i) Each Borrower shall pay the premiums for such Policies (the “"Insurance Premiums” " ) as the same become due and payable and shall furnish to Lender the receipts for the payment of the Insurance Premiums or other evidence of such payment reasonably satisfactory to Lender (provided, however, that such Borrower is not required to furnish such evidence of payment to Lender if such Insurance Premiums are to be paid by Lender pursuant to the terms of this Agreement). Within thirty (30) days after request by Lender, such Borrower shall obtain such increases in the amounts of coverage required hereunder as may be reasonably requested in writing by Lender or as may be requested in writing by the Rating Agencies, (except with respect to the Terrorism Insurance), taking into consideration changes in liability laws, changes in prudent customs and practices, and the like. In the event such Borrower satisfy satisfies the requirements under this Section 6.1 8.
1.1 through the use of a Policy covering properties in addition to the Property (a “Blanket Policy”)owned by such Borrower, then (unless such policy is provided in substantially the same manner as it is as of the date hereof), Borrower shall provide evidence satisfactory to Lender that the Insurance Premiums for the such Property is are separately allocated under such Policy to the Property and that payment of such allocated amount (A) shall maintain the effectiveness of such Policy as to the Property and (B) shall otherwise provide the same protection as would a separate policy that complies with the terms of this Agreement as to the Property, notwithstanding the failure of payment of any other portion of the insurance premiums. If no such allocation is available, Lender shall have the right to increase the amount required to be deposited into the Tax, Insurance Reserve and Ground Rents Escrow Account in an amount sufficient to purchase a non-blanket Policy covering the such Property from insurance companies which qualify under this Agreement.
(ii) Borrower shall deliver to Lender on or prior to the Closing Date certificates setting forth in reasonable detail the material terms (including any applicable notice requirements) of all Policies from the respective insurance companies (or their authorized agents) that issued the Policies, including that such Policies may not be canceled or modified in any material respect without thirty (30) days’ ' prior notice to Lender, or ten thirty (1030) days’ ' notice with respect to nonpayment of premium. Borrower shall deliver to Lender, concurrently with each change in any Policy, a certificate binder with respect to such changed Policy certified by the insurance company issuing that PolicyPolicy who is an agent of such insurance company with power to bind such company, in substantially the same form and containing substantially 127 129 the same information as the certificates required to be delivered by Borrower pursuant to the first sentence of this clause (d)(ii) and stating that all premiums then due thereon have been paid to the applicable insurers and that the same are in full force and effect (or if such certificate and/or other information described in clause (d)(ii) and report shall not be obtainable by Borrower, Borrower may deliver an Officer’s 's Certificate to such effect in lieu thereof).
Appears in 1 contract
Samples: Loan Agreement (Starwood Hotel & Resorts Worldwide Inc)
Insurance Premiums; Certificates of Insurance. (i) The Borrower shall pay the premiums for such Policies (the “Insurance Premiums” ”) as the same become due and payable and shall furnish to Lender the Agent receipts for the payment of the Insurance Premiums or other evidence of such payment reasonably satisfactory to Lender the Agent (provided, however, that Borrower is not required to furnish such evidence of payment to Lender shall not be required if such Insurance Premiums are to be paid by Lender the Agent pursuant to the terms of this Agreement). Within thirty (30) days after request by Lenderthe Agent, the Borrower shall obtain such increases in the amounts of coverage required hereunder as may be reasonably requested in writing by Lender or as may be requested in writing by the Rating Agencies, (except with respect to the Terrorism Insurance)Agent, taking into consideration changes in liability laws, changes in prudent customs and practices, and the like. In the event the Borrower satisfy satisfies the requirements under this Section 6.1 8.1.1 through the use of a Policy covering properties in addition to the Property (a “Blanket Policy”)Mortgaged Property, then (unless such policy is provided in substantially then, the same manner as it is as of the date hereof), Borrower shall provide evidence satisfactory to Lender the Agent that the Insurance Premiums for the Mortgaged Property is are separately allocated under such Policy to the Mortgaged Property and that payment of such allocated amount (A) shall maintain the effectiveness of such Policy as to the Mortgaged Property and (B) shall otherwise provide the same protection as would a separate policy that complies with the terms of this Agreement as to the Mortgaged Property, notwithstanding the failure of payment of any other portion of the insurance premiums. If no such allocation is available, Lender shall have the right to increase the amount required to be deposited into the Insurance Reserve Account in an amount sufficient to purchase a non-blanket Policy covering the Property from insurance companies which qualify under this Agreement.
(ii) The Borrower shall deliver to Lender the Agent on or prior to the Closing Date certificates setting forth in reasonable detail the material terms (including any applicable notice requirements) of all Policies from the respective insurance companies (or their authorized agents) that issued the Policies, including that such Policies may not be canceled reduced, cancelled or modified terminated in any material respect amount of, or materially changed (other than increased) in coverage without thirty (30) days’ prior notice to Lenderthe Agent, or ten thirty (1030) days’ notice with respect to nonpayment of premium. The Borrower shall deliver to Lenderthe Agent, concurrently with each change in any Policy, a certificate with respect to such changed Policy certified by the insurance company issuing that Policy, in substantially the same form and containing substantially the same information as the certificates required to be delivered by the Borrower pursuant to the first sentence of this clause (d)(ii) and stating that all premiums then due thereon have been paid to the applicable insurers and that the same are in full force and effect (or if such certificate and/or other information described in clause (d)(ii) and report shall not be obtainable by the Borrower, the Borrower may deliver an Officer’s Certificate to such effect in lieu thereof). Notwithstanding the delivery of any Policies to the Agent or any Lender, neither the Agent nor any Lender shall be deemed by reason of the receipt thereof to have any knowledge of the contents thereof.
(iii) From time to time, the Agent may request that the Borrower deliver to the Agent, within ten (10) Business Days of receipt of such request, a report from a reputable and experienced insurance broker or from the insurer, setting forth the particulars as to all insurance obtained by the Borrower pursuant to this Section 8.1.1 and then in effect and stating that all Insurance Premiums then due thereon have been paid in full to the applicable insurers, that such insurance policies are in full force and effect and that, in the opinion of such insurance broker or insurer, such insurance otherwise complies with the requirements of this Section 8.1.1.
Appears in 1 contract