Common use of Insurance, Taxes, Etc Clause in Contracts

Insurance, Taxes, Etc. Guarantor shall (a) pay all taxes, levies, assessments, judgments and charges of any kind upon or relating to the Collateral, to Guarantor's business, and to Guarantor'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 shall be satisfactory to Crestmark, which policies shall expressly provide that loss thereunder shall be payable to Crestmark as its interest may appear (and Crestmark shall have a security interest in the proceeds of such insmance and may apply any such proceeds which may be received by it toward payment of Guarantor's Liabilities, whether or not due, in such order of application as Crestmark 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 shall be reasonably satisfactory to Crestmark; and, upon Crestmark's request, shall furnish Crestmark with such policies and evidence of payment of premiums thereon. If Guarantor at any time hereafter should fail to obtain or maintain any of the policies required above or pay 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 Crestmark, without waiving or releasing any obligation or default of Guarantor hereunder , may at any time hereafter (but shaJJ 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 Crestmark deems advisable. All sums so disbursed by Crestmark, including reasonable attorneys' fees, court costs, expenses, and other charges relating thereto, shall be part of Guarantor's Liabilities, secured hereby, and payable on demand.

Appears in 1 contract

Samples: Security Agreement (SMG Indium Resources Ltd.)

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Insurance, Taxes, Etc. Guarantor shall (a) pay all taxes, levies, assessments, judgments and charges of any kind upon or relating to the Collateral, to Guarantor's ’s business, and to Guarantor's ’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 shall be satisfactory to Crestmark, which policies shall expressly provide that loss thereunder shall be payable to Crestmark as its interest may appear (and Crestmark shall have a security interest in the proceeds of such insmance insurance and may apply any such proceeds which may be received by it toward payment of Guarantor's ’s Liabilities, whether or not due, in such order of application as Crestmark 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 shall be reasonably satisfactory to Crestmark; and, upon Crestmark's ’s request, shall furnish Crestmark with such policies and evidence of payment of premiums thereon. If Guarantor at any time hereafter should fail to obtain or maintain any of the policies required above or pay 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 Crestmark, without waiving or releasing any obligation or default of Guarantor hereunder hereunder, may at any time hereafter (but shaJJ 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 Crestmark deems advisable. All sums so disbursed by Crestmark, including reasonable attorneys' fees, court costs, expenses, and other charges relating thereto, shall be part of Guarantor's ’s Liabilities, secured hereby, and payable on demand.

Appears in 1 contract

Samples: Security Agreement (HII Technologies, Inc.)

Insurance, Taxes, Etc. Guarantor shall Grantor has the risk of loss of the Collateral. Grantor shall: (a) pay promptly all taxes, levies, assessments, judgments judgments, and charges of any kind upon or relating to the Collateral, to GuarantorGrantor's business, and to GuarantorGrantor's ownership or use of any of its assets, income income, or gross receiptsreceipts unless being contested in good faith and adequate reserves for the payment thereof have been set aside by Grantor; (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 shall be satisfactory to Crestmarkthe Bank, which policies shall expressly provide that loss thereunder shall be payable to Crestmark the Bank as its interest may appear (and Crestmark the Bank shall have a security interest in the proceeds of such insmance insurance and may apply any such proceeds which may be received by it toward payment of Guarantor's Liabilitiesthe Obligations, whether or not due, in such order of application as Crestmark the Bank may determine); and (c) maintain at its own expense public liability and property damage insurance in such amounts amounts, with such companies, under such policies and in such form as shall be reasonably satisfactory to Crestmark; the Bank, and, upon Crestmarkthe Bank's request, shall furnish Crestmark the Bank with such policies and evidence of payment of premiums thereon. If Guarantor Grantor at any time hereafter should fail to obtain or maintain any of the policies required above or pay a 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 Crestmarkthe Bank, without waiving or releasing any obligation or default of Guarantor hereunder Grantor hereunder, may at any time hereafter (but shaJJ 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 Crestmark the Bank deems advisable. All sums so disbursed by Crestmarkthe Bank, including reasonable attorneys' attorney fees, court costs, expenses, and other charges relating thereto, shall be part of Guarantor's Liabilitiesthe Obligations, secured hereby, and payable on demandupon demand together with interest at the highest rate payable in connection with any of the Obligations from the date when advanced until paid.

Appears in 1 contract

Samples: Security Agreement (Meritage Hospitality Group Inc)

Insurance, Taxes, Etc. Guarantor shall The Company shall, subject to the terms of the Note Agreement, (ai) pay all taxes, levies, assessments, judgments and charges of any kind upon or relating to the Collateral, to Guarantor's the Company’s business, and to Guarantor's the Company’s ownership or use of any of its assets, income or gross receipts; (bii) 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 shall be satisfactory to Crestmark, recommended by the Company’s Board of Directors which policies shall expressly provide that loss thereunder shall be payable to Crestmark Investor as its interest may appear (and Crestmark Investor shall have a security interest in the proceeds of such insmance insurance and may apply any such proceeds which may be received by it toward payment of Guarantor's the Liabilities, whether or not due, in such order of application as Crestmark Investor may reasonably determine); (ciii) 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 shall be reasonably satisfactory to Crestmarkrecommended by the Company’s Board of Directors; and, upon Crestmark's Investor’s request, shall furnish Crestmark Investor with such policies and evidence of payment of premiums thereon. If Guarantor the Company at any time hereafter should fail to obtain or maintain any of the policies required above or pay a 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 CrestmarkInvestor, without waiving or releasing any obligation or default of Guarantor hereunder the Company hereunder, may at any time hereafter (but shaJJ 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 Crestmark Investor reasonably deems advisable. All sums so disbursed by CrestmarkInvestor, including reasonable attorneys' fees, court costs, expenses, and other charges relating thereto, shall be part of Guarantor's the Company’s Liabilities, secured hereby, and payable on demand.

Appears in 1 contract

Samples: Security Agreement (Realpage Inc)

Insurance, Taxes, Etc. Guarantor shall Debtor shall: (a) pay promptly all taxes, levies, assessments, judgments judgments, and charges of any kind upon or relating to the Collateral, to Guarantor's business, and to GuarantorDebtor's ownership or use of any of its assets, income income, or gross receiptsreceipts and shall provide Creditor evidence of payment within fifteen (15) days after the same are due; (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 shall be satisfactory to CrestmarkCreditor, which policies shall expressly provide that loss thereunder shall be payable to Crestmark Creditor as its interest may appear (and Crestmark Creditor shall have a security interest in the proceeds of such insmance insurance and may apply any such proceeds which may be received by it toward payment of GuarantorDebtor's Liabilities, whether or not due, in such order of application as Crestmark Creditor may determine)) and copies of such insurance policies shall be delivered to Creditor; (c) maintain at its own expense public liability and property damage insurance in such amounts amounts, with such companies, under such policies and in such form as shall be reasonably satisfactory to Crestmark; and, upon Crestmark's request, shall furnish Crestmark with such policies and evidence of payment of premiums thereon. If Guarantor Debtor at any time hereafter should fail to obtain or maintain any of the policies required above or pay a 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 CrestmarkCreditor, without waiving or releasing any obligation or default of Guarantor hereunder Debtor hereunder, may at any time hereafter (but shaJJ 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 Crestmark Creditor deems advisable. All sums so disbursed by CrestmarkCreditor, including reasonable attorneys' attorney's fees, court costs, expenses, and other charges relating thereto, shall be part of GuarantorDebtor's Liabilities, secured hereby, including interest thereon at the rate contracted for as secured hereby and shall be payable on demand.

Appears in 1 contract

Samples: Security Agreement (Eastern Resources, Inc.)

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Insurance, Taxes, Etc. Guarantor shall Grantor has the risk of loss of the Collateral. Grantor shall: (a) pay promptly all taxes, levies, assessments, judgments judgments, and charges of any kind upon or relating to the Collateral, to GuarantorGrantor's business, and to GuarantorGrantor'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 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 shall be satisfactory to CrestmarkNCTI, which policies shall expressly provide that loss thereunder shall be payable to Crestmark NCTI as its interest may appear (and Crestmark NCTI shall have a security interest in the proceeds of such insmance insurance and may apply any such proceeds which may be received by it toward payment of Guarantor's the Liabilities, whether or not due, in such order of application as Crestmark NCTI may determine); and (c) maintain at its own expense public liability and property damage insurance in such amounts amounts, with such companies, under such policies and in such form as shall be reasonably satisfactory to Crestmark; NCTI, and, upon CrestmarkNCTI's request, shall furnish Crestmark NCTI with such policies and evidence of payment of premiums thereon. If Guarantor Grantor at any time hereafter should fail to obtain or maintain any of the policies required above or pay a 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 CrestmarkNCTI, without waiving or releasing any obligation or default of Guarantor hereunder Grantor hereunder, may at any time hereafter (but shaJJ 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 Crestmark NCTI deems advisable. All sums so disbursed by CrestmarkNCTI, including reasonable attorneys' attorney fees, court costs, expenses, and other charges relating thereto, shall be part of Guarantor's the Liabilities, secured hereby, and payable on demandupon demand together with interest at the highest rate payable in connection with any of the Liabilities from the date when advanced until paid.

Appears in 1 contract

Samples: Security Agreement (Nematron Corp)

Insurance, Taxes, Etc. Guarantor shall Grantor has the risk of loss of the Collateral. Grantor shall: (a) pay promptly all taxes, levies, assessments, judgments judgments, and charges of any kind upon or relating to the Collateral, to Guarantor's Grantor’s business, and to Guarantor's Grantor’s ownership or use of any of its assets, income income, or gross receiptsreceipts (except to the extent being contested in good faith); (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 shall be reasonably satisfactory to CrestmarkBank, which policies shall expressly provide that loss thereunder shall be payable to Crestmark Bank as its interest may appear (and Crestmark Bank shall have a security interest in the proceeds of such insmance insurance and may apply any such proceeds which may be received by it toward payment of Guarantor's the Liabilities, whether or not due, in such order of application as Crestmark Bank may determine); and (c) maintain at its own expense public liability and property damage insurance in such amounts amounts, with such companies, under such policies and in such form as shall be reasonably satisfactory to Crestmark; Bank, and, upon Crestmark's Bank’s request, shall furnish Crestmark Bank with such policies and evidence of payment of premiums thereon. If Guarantor Grantor at any time hereafter should fail to obtain or maintain any of the policies required above or pay a 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 CrestmarkBank, without waiving or releasing any obligation or default of Guarantor hereunder Grantor hereunder, may at any time hereafter (but shaJJ 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 Crestmark Bank deems advisable. All sums so disbursed by CrestmarkBank, including reasonable attorneys' attorney fees, court costs, expenses, and other charges relating thereto, shall be part of Guarantor's the Liabilities, secured hereby, and payable on demandupon demand together with interest at the highest rate payable in connection with any of the Liabilities from the date when advanced until paid.

Appears in 1 contract

Samples: Security Agreement (Smart Online Inc)

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