Common use of Insurance, Taxes, Etc Clause in Contracts

Insurance, Taxes, Etc. The Company shall (a) pay all taxes, levies, assessments, judgments and charges of any kind upon or relating to the Collateral, to the Company’s business, and to the Company’s ownership or use of any of its assets, income or gross receipts; (b) at its own expense, keep and maintain all of the Collateral insured against loss or damage by fire, theft, explosion and other risks in such amounts, with such companies, under such policies and in such form as determined by the Company’s Board of Directors; (c) maintain at its own expense public liability and property damage insurance in such amounts with such companies, under such policies and in such form as determined by the Company’s Board of Directors; and, upon Investors’ request, shall furnish Investors with such policies and evidence of payment of premiums thereon. If the Company at any time hereafter should fail to obtain or maintain any of the policies required above or pay any premium in whole or in part relating thereto, or shall fail to pay any such tax, assessment, levy, or charge or to discharge any such lien or encumbrance, then Investors, without waiving or releasing any obligation or default of the Company hereunder, may at any time hereafter (but shall be under no obligation to do so) make such payment or obtain such discharge or obtain and maintain such policies of insurance and pay such premiums, and take such action with respect thereto as Investors deems advisable. All sums so disbursed by Investors, including reasonable attorneys’ fees, court costs, expenses, and other charges relating thereto, shall be part of the Company’s Liabilities, secured hereby, and payable on demand.

Appears in 2 contracts

Samples: Security Agreement (Auxilio Inc), Security Agreement (Auxilio Inc)

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Insurance, Taxes, Etc. The Company shall has the risk of loss of the Collateral. Company shall: (a) pay promptly all taxes, levies, assessments, judgments judgments, and charges of any kind upon or relating to the Collateral, to the Company’s 's business, and to the Company’s 's ownership or use of any of its assets, income income, or gross receipts; (b) at its own expense, keep and maintain all of the Collateral insured against loss or damage by fire, theft, explosion and other risks in such amounts, with such companies, under such policies and in such form as determined shall be reasonably satisfactory to Kojaian, which policies shall expressly provide that loss thereunder shall be payable to Kojaian as its interest may appear (and Kojaian shall have a security interest in the proceeds of such insurance and may apply any such proceeds which may be received by it toward payment of the Company’s Board Liabilities, whether or not due, in such order of Directorsapplication as Kojaian may determine); and (c) maintain at its own expense public commercial general liability and property damage insurance in such amounts amounts, with such companies, under such policies and in such form as determined by the Company’s Board of Directors; shall be reasonably satisfactory to Kojaian, and, upon Investors’ Kojaian's request, shall furnish Investors Kojaian with such policies and evidence of payment of premiums thereon. If the Company at any time hereafter should fail to obtain or maintain any of the policies required above or pay any premium in whole or in part relating thereto, or shall fail to pay any such tax, assessment, levy, or charge or to discharge any such lien lien, claim, or encumbrance, then InvestorsKojaian, without waiving or releasing any obligation or default of the Company hereunder, may at any time hereafter (but shall be under no obligation to do so) make such payment or obtain such discharge or obtain and maintain such policies of insurance and pay such premiums, and take such action with respect thereto as Investors Kojaian deems advisable. All sums so disbursed by InvestorsKojaian, including reasonable attorneys’ attorney fees, court costs, expenses, and other charges relating thereto, shall be part of the Company’s Liabilities, secured hereby, and payable on demandupon demand together with interest at the then applicable default interest rate payable in connection with any of the Liabilities from the date when advanced until paid.

Appears in 2 contracts

Samples: Exhibit 7 Security Agreement (Kojaian Mike), Security Agreement (Grubb & Ellis Co)

Insurance, Taxes, Etc. The Company shall (a) pay all taxes, levies, assessments, judgments and charges of any kind upon or relating to the Collateral, to the Company’s business, and to the Company’s ownership or use of any of its assets, income or gross receipts; (b) at its own expense, keep and maintain all of the Collateral insured against loss or damage by fire, theft, explosion and other risks in such amounts, with such companies, under such policies and in such form as determined by the Company’s Board of Directors, which policies shall expressly provide that loss thereunder shall be payable to Investors as their interest may appear (and Investors shall have a security interest in the proceeds of such insurance and may apply any such proceeds which may be received by them toward payment of the Liabilities, whether or not due, in such order of application as Investors may determine); (c) maintain at its own expense public liability and property damage insurance in such amounts with such companies, under such policies and in such form as determined by the Company’s Board of Directors; and, upon Investors’ request, shall furnish Investors with such policies and evidence of payment of premiums thereon. If the Company at any time hereafter should fail to obtain or maintain any of the policies required above or pay any premium in whole or in part relating thereto, or shall fail to pay any such tax, assessment, levy, or charge or to discharge any such lien or encumbrance, then Investors, without waiving or releasing any obligation or default of the Company hereunder, may at any time hereafter (but shall be under no obligation to do so) make such payment or obtain such discharge or obtain and maintain such policies of insurance and pay such premiums, and take such action with respect thereto as Investors deems advisable. All sums so disbursed by Investors, including reasonable attorneys’ fees, court costs, expenses, and other charges relating thereto, shall be part of the Company’s Liabilities, secured hereby, and payable on demand.

Appears in 1 contract

Samples: Security Agreement (Opexa Therapeutics, Inc.)

Insurance, Taxes, Etc. The Company Borrower shall (a) pay all taxes, levies, assessments, judgments and charges of any kind upon or relating to the Collateral, to the Company’s Borrower's business, and to the Company’s Borrower's ownership or use of any of its assets, income or gross receipts; (b) at its own expense, keep and maintain all of the Collateral fully insured against loss or damage by fire, theft, explosion and other risks in such amounts, with such companies, under such policies and in such form as determined shall be satisfactory to Bank, which policies shall expressly provide that loss thereunder shall be payable to Bank as its interest may appear (and Bank shall have a security interest in the proceeds of such insurance and may apply any such proceeds which may be received by the Company’s Board it toward payment of DirectorsBorrower's Liabilities, whether or not due, in such order of application as Bank may determine); (c) maintain at its own expense public liability and property damage insurance in such amounts with such companies, under such policies and in such form as determined by the Company’s Board of Directorsshall be reasonably satisfactory to Bank; and, upon Investors’ Bank's request, shall furnish Investors Bank with such policies and evidence of payment of premiums thereon. If the Company Borrower at any time hereafter should fail to obtain or maintain any of the policies required above or pay any a premium in whole or in part relating thereto, or shall fail to pay any such tax, assessment, levy, or charge or to discharge any such lien or encumbrance, then InvestorsBank, without waiving or releasing any obligation or default of the Company Borrower hereunder, may at any time hereafter (but shall be under no obligation to do so) make such payment or obtain such discharge or obtain and maintain such policies of insurance and pay such premiums, and take such action with respect thereto as Investors Bank deems advisable. All sums so disbursed by InvestorsBank, including reasonable attorneys' fees, court costs, expenses, and other charges relating thereto, shall be part of the Company’s Borrower's Liabilities, secured hereby, and payable on demand.

Appears in 1 contract

Samples: Security Agreement (Big Buck Brewery & Steakhouse Inc)

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Insurance, Taxes, Etc. The Company shall shall: (a) pay all taxes, levies, assessments, judgments and charges of any kind upon or relating to the Collateral, to the Company’s business, and to the Company’s ownership or use of any of its assets, income or gross receipts; (b) at its own expense, keep and maintain all of the Collateral insured against loss or damage by fire, theft, explosion and other risks in such amounts, with such companies, under such policies and in such form as determined by the Company’s Board of DirectorsDirectors which policies shall expressly provide that loss thereunder shall be payable to Collateral Agent, for the ratable benefit of the Investors, as its interest may appear (and Collateral Agent shall have a security interest in the proceeds of such insurance and may apply any such proceeds which may be received by it toward payment of the Liabilities, whether or not due, in such order of application as Collateral Agent may determine); (c) maintain at its own expense public liability and property damage insurance in such amounts with such companies, under such policies and in such form as determined by the Company’s Board of Directors; and, upon Investors’ Collateral Agent’s request, shall furnish Collateral Agent and/or Investors with such policies and evidence of payment of premiums thereon. For the avoidance of doubt, the insurance policies maintained pursuant to this section shall be in such amounts and against such risks as are customarily maintained by companies engaged in the same or similar businesses operating in the same or similar locations. If the Company at any time hereafter should fail to obtain or maintain any of the policies required above or pay any premium in whole or in part relating thereto, or shall fail to pay any such tax, assessment, levy, or charge or to discharge any such lien or encumbrance, then Collateral Agent and/or Investors, without waiving or releasing any obligation or default of the Company hereunder, may at any time hereafter (but shall be under no obligation to do so) make such payment or obtain such discharge or obtain and maintain such policies of insurance and pay such premiums, and take such action with respect thereto as Investors deems advisable. All sums so disbursed by Collateral Agent and/or Investors, including reasonable attorneys’ fees, court costs, expenses, and other charges relating thereto, shall be part of the Company’s Liabilities, secured hereby, and payable on demand.

Appears in 1 contract

Samples: Security Agreement (Opexa Therapeutics, Inc.)

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