Maintain Insurance. The Credit Parties’ shall at all times insure and keep insured with insurance companies acceptable to Lender, all insurable property owned by the Credit Parties which is of a character usually insured by companies similarly situated and operating like properties, against loss or damage from environmental, fire and such other hazards or risks as are customarily insured against by companies similarly situated and operating like properties; and shall similarly insure employers’, public and professional liability risks. Prior to the date of the funding of any Loans under this Agreement, Borrower shall deliver to Lender a certificate setting forth in summary form the nature and extent of the insurance maintained pursuant to this Section. All such policies of insurance must be satisfactory to Lender in relation to the amount and term of the Obligations and type and value of the Collateral and assets of the Credit Parties, shall identify Lender as sole/lender’s loss payee and as an additional insured. In the event the Credit Parties fail to provide Lender with evidence of the insurance coverage required by this Section or at any time hereafter shall fail to obtain or maintain any of the policies of insurance required above, or to pay any premium in whole or in part relating thereto, then Lender, without waiving or releasing any obligation or default by Borrower hereunder, may at any time (but shall be under no obligation to so act), obtain and maintain such policies of insurance and pay such premium and take any other action with respect thereto, which Lender deems advisable. This insurance coverage: (i) may, but need not, protect the Credit Parties’ interest in such property, including, but not limited to, the Collateral; and (ii) may not pay any claim made by, or against, the Credit Parties in connection with such property, including, but not limited to, the Collateral. The Credit Parties may later cancel any such insurance purchased by Lender, but only after providing Lender with evidence that the insurance coverage required by this Section is in force. The costs of such insurance obtained by Lender, through and including the effective date such insurance coverage is canceled or expires, shall be payable on demand by the Credit Parties to Lender, together with interest at the Default Rate on such amounts until repaid and any other charges by Lender in connection with the placement of such insurance. The costs of such insurance, which may be greater than the cost of insurance which the Credit Parties may be able to obtain on its own, together with interest thereon at the Default Rate and any other charges by Lender in connection with the placement of such insurance may be added to the total Obligations due and owing to the extent not paid by the Credit Parties.
Appears in 15 contracts
Samples: Senior Secured Credit Facility Agreement (Pacific Ventures Group, Inc.), Senior Secured Credit Facility Agreement (Sack Lunch Productions Inc.), Senior Secured Credit Facility Agreement (Sack Lunch Productions Inc.)
Maintain Insurance. The Credit Parties’ Parties shall at all times insure and keep insured with insurance companies acceptable to Lender, all insurable property owned by the Credit Parties which is of a character usually insured by companies similarly situated and operating like properties, against loss or damage from environmental, fire and such other hazards or risks as are customarily insured against by companies similarly situated and operating like properties; and shall similarly insure employers’, public and professional liability risks. Prior to the date of the funding of any Loans under this Agreement, Borrower each Credit Party shall deliver to Lender a certificate setting forth in summary form the nature and extent of the insurance maintained pursuant to this Section. All such policies of insurance must be satisfactory to Lender in relation to the amount and term of the Obligations and type and value of the Collateral and assets of the Credit Parties, shall identify Lender as sole/lender’s loss payee and as an additional insured. In the event the Credit Parties fail to provide Lender with evidence of the insurance coverage required by this Section or at any time hereafter shall fail to obtain or maintain any of the policies of insurance required above, or to pay any premium in whole or in part relating thereto, then Lender, without waiving or releasing any obligation or default by Borrower the Credit Parties hereunder, may at any time (but shall be under no obligation to so act), obtain and maintain such policies of insurance and pay such premium and take any other action with respect thereto, which Lender deems advisable. This insurance coverage: (i) may, but need not, protect the Credit PartiesBorrower’s and its Subsidiaries’ interest in such property, including, but not limited to, the Collateral; and (ii) may not pay any claim made by, or against, the Credit Parties in connection with such property, including, but not limited to, the Collateral. The Credit Parties may later cancel any such insurance purchased by Lender, but only after providing Lender with evidence that the insurance coverage required by this Section is in force. The costs of such insurance obtained by Lender, through and including the effective date such insurance coverage is canceled or expires, shall be payable on demand by the Credit Parties to Lender, together with interest at the Default Rate on such amounts until repaid and any other charges by Lender in connection with the placement of such insurance. The costs of such insurance, which may be greater than the cost of insurance which the Credit Parties Borrower may be able to obtain on its their own, together with interest thereon at the Default Rate and any other charges by Lender in connection with the placement of such insurance may be added to the total Obligations due and owing to the extent not paid by the Credit Parties.
Appears in 8 contracts
Samples: Senior Secured Credit Facility Agreement, Senior Secured Revolving Credit Facility Agreement (Cd International Enterprises, Inc.), Senior Secured Revolving Credit Facility Agreement (Oncologix Tech Inc.)
Maintain Insurance. The Credit Parties’ Borrower shall, and shall cause the Guarantor to, at all times insure and keep insured with insurance companies reasonably acceptable to Lender, all insurable property owned by the Credit Parties which is of a character usually insured by companies similarly situated and operating like properties, against loss or damage from environmental, fire and such other hazards or risks as are customarily insured against by companies similarly situated and operating like properties; and shall similarly insure employers’, public and professional liability risks. Prior to the date of the funding of any Loans under this Agreement, Borrower shall, and shall cause the Guarantor to, deliver to Lender a certificate setting forth in summary form the nature and extent of the insurance maintained pursuant to this Section. All such policies of insurance must be satisfactory to Lender in relation to the amount and term of the Obligations and type and value of the Collateral and assets of the Credit Parties, and within thirty (30) days of the Closing Date, shall identify Lender as sole/lender’s loss payee and as an additional insured. In the event that the Credit Parties fail to provide Lender with evidence of the insurance coverage required by this Section or at any time hereafter shall fail to obtain or maintain any of the policies of insurance required above, or to pay any premium in whole or in part relating thereto, then Lender, without waiving or releasing any obligation or default by Borrower hereunder, may at any time (but shall be under no obligation to so act), obtain and maintain such policies of insurance and pay such premium and take any other action with respect thereto, which Lender deems advisable. This insurance coverage: coverage (i) may, but need not, protect the Credit Parties’ interest in such property, including, but not limited to, to the Collateral; , and (ii) may not pay any claim made by, or against, the Credit Parties in connection with such property, including, but not limited to, to the Collateral. The Credit Parties may later cancel any such insurance purchased by Lender, but only after providing Lender with evidence that the insurance coverage required by this Section is in force. The costs of such insurance obtained by Lender, through and including the effective date such insurance coverage is canceled or expires, shall be payable on demand by the Credit Parties Borrower to Lender, together with interest at the Default Rate on such amounts until repaid and any other charges by Lender in connection with the placement of such insurance. The costs of such insurance, which may be greater than the cost of insurance which the Credit Parties Borrower may be able to obtain on its own, together with interest thereon at the Default Rate and any other charges by Lender in connection with the placement of such insurance may be added to the total Obligations due and owing to the extent not paid by the Credit PartiesBorrower.
Appears in 5 contracts
Samples: Senior Secured Revolving Credit Facility Agreement, Senior Secured Revolving Credit Facility Agreement (Sunpeaks Ventures, Inc.), Senior Secured Revolving Credit Facility Agreement (Sunpeaks Ventures, Inc.)
Maintain Insurance. The Credit Parties’ Company shall at all times insure and keep insured with insurance companies acceptable to LenderBuyer, all insurable property owned by the Credit Parties Company which is of a character usually insured by companies similarly situated and operating like properties, against loss or damage from environmental, fire and such other hazards or risks as are customarily insured against by companies similarly situated and operating like properties; and shall similarly insure employers’, public and professional liability risks. Prior to the date of Effective Date, the funding of any Loans under this Agreement, Borrower Company shall deliver to Lender the Buyer a certificate setting forth in summary form the nature and extent of the insurance maintained pursuant to this Section. All such policies of insurance must be satisfactory to Lender Buyer in relation to the amount and term of the Obligations Debentures and type and value of the Collateral and assets Assets of the Credit PartiesCompany, shall identify Lender Buyer as sole/lender’s loss payee and as an additional insured. In the event the Credit Parties fail Company fails to provide Lender Buyer with evidence of the insurance coverage required by this Section or at any time hereafter shall fail to obtain or maintain any of the policies of insurance required above, or to pay any premium in whole or in part relating thereto, then Lenderthe Buyer, without waiving or releasing any obligation or default by Borrower the Company hereunder, may at any time (but shall be under no obligation to so act), obtain and maintain such policies of insurance and pay such premium and take any other action with respect thereto, which Lender Buyer deems advisable. This insurance coverage: (i) may, but need not, protect the Credit Parties’ Company’s interest in such property, including, but not limited to, the Collateral; and (ii) may not pay any claim made by, or against, the Credit Parties Company in connection with such property, including, but not limited to, the Collateral. The Credit Parties Company may later request that the Buyer cancel any such insurance purchased by LenderBuyer, but only after providing Lender Buyer with evidence that the insurance coverage required by this Section is in force. The costs of such insurance obtained by LenderBuyer, through and including the effective date such insurance coverage is canceled or expires, shall be payable on demand by the Credit Parties Company to LenderBuyer, together with interest at the Default Rate highest non-usurious rate permitted by law on such amounts until repaid and any other charges by Lender Buyer in connection with the placement of such insurance. The costs of such insurance, which may be greater than the cost of insurance which the Credit Parties Company may be able to obtain on its own, together with interest thereon at the Default Rate highest non-usurious rate permitted by Law and any other charges incurred by Lender Buyer in connection with the placement of such insurance may be added to the total Obligations due and owing by the Company hereunder and under the Debentures to the extent not paid by the Credit PartiesCompany.
Appears in 5 contracts
Samples: Securities Purchase Agreement (Growlife, Inc.), Securities Purchase Agreement (Pervasip Corp), Securities Purchase Agreement (Growlife, Inc.)
Maintain Insurance. The Credit Parties’ Each Borrower shall at all times insure and keep insured with insurance companies acceptable to Lender, all insurable property owned by the Credit Parties each Borrower which is of a character usually insured by companies similarly situated and operating like properties, against loss or damage from environmental, fire and such other hazards or risks as are customarily insured against by companies similarly situated and operating like properties; and shall similarly insure employers’, public and professional liability risks. Prior to the date of the funding of any Loans under this Agreement, each Borrower shall deliver to Lender a certificate setting forth in summary form the nature and extent of the insurance maintained pursuant to this Section. All such policies of insurance must be satisfactory to Lender in relation to the amount and term of the Obligations and type and value of the Collateral and assets of the Credit Partieseach Borrower, shall identify Lender as sole/lender’s loss payee and as an additional insured. In the event the Credit Parties any Borrower fail to provide Lender with evidence of the insurance coverage required by this Section or at any time hereafter shall fail to obtain or maintain any of the policies of insurance required above, or to pay any premium in whole or in part relating thereto, then Lender, without waiving or releasing any obligation or default by any Borrower hereunder, may at any time (but shall be under no obligation to so act), obtain and maintain such policies of insurance and pay such premium and take any other action with respect thereto, which Lender deems advisable. This insurance coverage: (i) may, but need not, protect the Credit Parties’ any Borrower’s interest in such property, including, but not limited to, the Collateral; and (ii) may not pay any claim made by, or against, the Credit Parties any Borrower in connection with such property, including, but not limited to, the Collateral. The Credit Parties Any Borrower may later cancel any such insurance purchased by Lender, but only after providing Lender with evidence that the insurance coverage required by this Section is in force. The costs of such insurance obtained by Lender, through and including the effective date such insurance coverage is canceled or expires, shall be payable on demand by the Credit Parties Borrowers to Lender, together with interest at the Default Rate on such amounts until repaid and any other charges by Lender in connection with the placement of such insurance. The costs of such insurance, which may be greater than the cost of insurance which the Credit Parties any Borrower may be able to obtain on its own, together with interest thereon at the Default Rate and any other charges by Lender in connection with the placement of such insurance may be added to the total Obligations due and owing to the extent not paid by the Credit Partiesany applicable Borrower.
Appears in 4 contracts
Samples: Credit Agreement (Poet Technologies Inc.), Credit Agreement (Petron Energy II, Inc.), Credit Agreement (M Line Holdings Inc)
Maintain Insurance. The Credit Parties’ Borrower shall at all times insure maintain, and keep insured cause each Subsidiary to maintain, with insurance companies reasonably acceptable to Lenderthe Bank, all insurable property owned such insurance coverage as may be required by the Credit Parties which any law or governmental regulation or court decree or order applicable to it and such other insurance as is of a character usually insured customarily maintained by companies similarly situated and operating like properties, against loss or damage from environmental, fire and such other hazards or risks as are customarily insured against by companies similarly situated and operating like properties; and situated. The Borrower shall similarly insure employers’, public and professional liability risks. Prior furnish to the date of the funding of any Loans under this Agreement, Borrower shall deliver to Lender Bank a certificate setting forth in summary form reasonable detail the nature and extent of the all insurance maintained pursuant to this Section. All such policies of insurance must by the Borrower, which shall be satisfactory to Lender reasonably acceptable in relation all respects to the amount and term Bank. The Borrower shall cause each issuer of an insurance policy to provide the Obligations and type and value of Bank with an endorsement (i) showing the Collateral and assets of the Credit Parties, shall identify Lender Bank as sole/lender’s loss payee with respect to each policy of property or casualty insurance; and (ii) providing that thirty (30) days notice will be given to the Bank prior to any cancellation of, material reduction or change in coverage provided by or other material modification to such policy. The Borrower shall provide the Bank with an endorsement showing the Bank as an additional insuredlender’s loss payee on any business interruption insurance policy maintained by the Borrower. In the event the Credit Parties fail Borrower either fails to provide Lender the Bank with evidence of the insurance coverage required by this Section or at any time hereafter shall fail to obtain or maintain any of the policies of insurance required above, or to pay any premium in whole or in part relating thereto, then Lenderthe Bank, without waiving or releasing any obligation or default by the Borrower hereunder, may at any time (but shall be under no obligation to so act), obtain and maintain such policies of insurance and pay such premium premiums and take any other action with respect thereto, which Lender the Bank deems advisable. This insurance coverage: coverage (ia) may, but need not, protect the Credit Parties’ interest Borrower’s interests in such property, including, but not limited to, including the Collateral; , and (iib) may not pay any claim made by, or against, the Credit Parties Borrower in connection with such property, including, but not limited to, including the Collateral. The Credit Parties Borrower may later cancel any such insurance purchased by Lenderthe Bank, but only after providing Lender the Bank with evidence that the Borrower has obtained the insurance coverage required by this Section is in forceSection. The If the Bank purchases insurance for the Collateral, the Borrower will be responsible for the costs of such insurance obtained by Lenderthat insurance, through and including the effective date such insurance coverage is canceled or expires, shall be payable on demand by the Credit Parties to Lender, together with interest at the Default Rate on such amounts until repaid and any other charges by Lender in connection that may be imposed with the placement of such the insurance, until the effective date of the cancellation or expiration of the insurance. The costs of such insurance, which the insurance may be greater added to the principal amount of the Loans owing hereunder. The costs of the insurance may be more than the cost of the insurance which the Credit Parties Borrower may be able to obtain on its own, together with interest thereon at the Default Rate and any other charges by Lender in connection with the placement of such insurance may be added to the total Obligations due and owing to the extent not paid by the Credit Parties.
Appears in 3 contracts
Samples: Loan and Security Agreement (Primoris Services CORP), Loan and Security Agreement (Rhapsody Acquisition Corp.), Loan and Security Agreement (Primoris Services CORP)
Maintain Insurance. The Credit Parties’ Borrower shall at all times insure and keep insured maintain with insurance companies reasonably acceptable to Lenderthe Bank, all insurable property owned such insurance coverage as may be required by the Credit Parties which is of a character usually insured by companies similarly situated and operating like properties, against loss any law or damage from environmental, fire governmental regulation or court decree or order applicable to it and such other insurance, to such extent and against such hazards or risks as are customarily insured against by companies similarly situated and operating like properties; and shall similarly insure liabilities, including employers’, public and professional liability risks. Prior , as is customarily maintained by companies similarly situated, and shall have insured amounts no less than, and deductibles no higher than, are reasonably acceptable to the date of the funding of any Loans under this Agreement, Bank. The Borrower shall deliver furnish to Lender the Bank a certificate setting forth in summary form reasonable detail the nature and extent of the all insurance maintained pursuant to this Section. All such policies of insurance must by the Borrower, which shall be satisfactory to Lender reasonably acceptable in relation all respects to the amount and term Bank. The Borrower shall cause each issuer of an insurance policy to provide the Obligations and type and value of Bank with an endorsement (i) showing the Collateral and assets of the Credit Parties, shall identify Lender Bank as sole/lender’s loss payee with respect to each policy of property or casualty insurance; and as an additional insured(ii) providing that thirty (30) days notice will be endeavored to be given to the Bank prior to any cancellation of, material reduction or change in coverage provided by or other material modification to such policy. The Borrower shall execute and deliver to the Bank a collateral assignment, in form and substance satisfactory to the Bank, of each business interruption insurance policy maintained by the Borrower. In the event the Credit Parties fail Borrower either fails to provide Lender the Bank with evidence of the insurance coverage required by this Section or at any time hereafter shall fail to obtain or maintain any of the policies of insurance required above, or to pay any premium in whole or in part relating thereto, then Lenderthe Bank, without waiving or releasing any obligation or default by the Borrower hereunder, may at any time (but shall be under no obligation to so act), obtain and maintain such policies of insurance and pay such premium premiums and take any other action with respect thereto, which Lender the Bank deems advisable. This insurance coverage: coverage (ia) may, but need not, protect the Credit Parties’ interest Borrower’s interests in such property, including, but not limited to, including the Collateral; , and (iib) may not pay any claim made by, or against, the Credit Parties Borrower in connection with such property, including, but not limited to, including the Collateral. The Credit Parties Borrower may later cancel any such insurance purchased by Lenderthe Bank, but only after providing Lender the Bank with evidence that the Borrower has obtained the insurance coverage required by this Section is in forceSection. The If the Bank purchases insurance for the Collateral, the Borrower will be responsible for the costs of such insurance obtained by Lenderthat insurance, through and including the effective date such insurance coverage is canceled or expires, shall be payable on demand by the Credit Parties to Lender, together with interest at the Default Rate on such amounts until repaid and any other charges by Lender in connection that may be imposed with the placement of such the insurance, until the effective date of the cancellation or expiration of the insurance. The costs of such insurance, which the insurance may be greater added to the principal amount of the Loans owing hereunder. The costs of the insurance may be more than the cost of the insurance which the Credit Parties Borrower may be able to obtain on its own, together with interest thereon at the Default Rate and any other charges by Lender in connection with the placement of such insurance may be added to the total Obligations due and owing to the extent not paid by the Credit Parties.
Appears in 3 contracts
Samples: Loan and Security Agreement (US BioEnergy CORP), Loan and Security Agreement (US BioEnergy CORP), Loan and Security Agreement (CHS Inc)
Maintain Insurance. The Credit Parties’ Borrower shall at all times insure and keep insured with insurance companies acceptable to Lender, all insurable property owned by the Credit Parties Borrower which is of a character usually insured by companies similarly situated and operating like properties, against loss or damage from environmental, fire and such other hazards or risks as are customarily insured against by companies similarly situated and operating like properties; and shall similarly insure employers’, public and professional liability risks. Prior to the date of the funding of any Loans under this Agreement, Borrower shall deliver to Lender a certificate setting forth in summary form the nature and extent of the insurance maintained pursuant to this Section. All such policies of insurance must be satisfactory to Lender in relation to the amount and term of the Obligations and type and value of the Collateral and assets of the Credit PartiesBorrower, shall identify Lender as sole/lender’s loss payee and as an additional insured. In the event the Credit Parties Borrower fail to provide Lender with evidence of the insurance coverage required by this Section or at any time hereafter shall fail to obtain or maintain any of the policies of insurance required above, or to pay any premium in whole or in part relating thereto, then Lender, without waiving or releasing any obligation or default by Borrower hereunder, may at any time (but shall be under no obligation to so act), obtain and maintain such policies of insurance and pay such premium and take any other action with respect thereto, which Lender deems advisable. This insurance coverage: (i) may, but need not, protect the Credit Parties’ Borrower’s interest in such property, including, but not limited to, the Collateral; and (ii) may not pay any claim made by, or against, the Credit Parties Borrower in connection with such property, including, but not limited to, the Collateral. The Credit Parties Borrower may later cancel any such insurance purchased by Lender, but only after providing Lender with evidence that the insurance coverage required by this Section is in force. The costs of such insurance obtained by Lender, through and including the effective date such insurance coverage is canceled or expires, shall be payable on demand by the Credit Parties Borrower to Lender, together with interest at the Default Rate on such amounts until repaid and any other charges by Lender in connection with the placement of such insurance. The costs of such insurance, which may be greater than the cost of insurance which the Credit Parties Borrower may be able to obtain on its own, together with interest thereon at the Default Rate and any other charges by Lender in connection with the placement of such insurance may be added to the total Obligations due and owing to the extent not paid by the Credit PartiesBorrower.
Appears in 3 contracts
Samples: Credit Agreement, Credit Agreement (THEDIRECTORY.COM, Inc.), Credit Agreement (Social Reality)
Maintain Insurance. The Credit Parties’ Each Borrower shall at all times insure maintain, and keep insured cause each Subsidiary to maintain, with insurance companies reasonably acceptable to Lenderthe Bank, all insurable property owned such insurance coverage as may be required by the Credit Parties which is of a character usually insured by companies similarly situated and operating like properties, against loss any law or damage from environmental, fire governmental regulation or court decree or order applicable to it and such other insurance, to such extent and against such hazards or risks as are customarily insured against by companies similarly situated and operating like properties; and shall similarly insure liabilities, including employers’, public and professional liability risks. Prior risks and business interruption, as is customarily maintained by companies similarly situated, and shall have insured amounts no less than, and deductibles no higher than, are reasonably acceptable to the date of the funding of any Loans under this Agreement, Bank. Each Borrower shall deliver furnish to Lender the Bank a certificate setting forth in summary form reasonable detail the nature and extent of the all insurance maintained pursuant to this Section. All by such policies of insurance must Borrower, which shall be satisfactory to Lender reasonably acceptable in relation all respects to the amount Bank. Each Borrower shall cause each issuer of an insurance policy to provide the Bank with an endorsement (i) showing the Bank as mortgagee and term of the Obligations and type and value of the Collateral and assets of the Credit Parties, shall identify Lender as sole/lender’s loss payee with respect to each policy of property or casualty insurance and naming the Bank as an additional insuredinsured with respect to each policy of liability insurance; and (ii) providing that thirty (30) days notice will be given to the Bank prior to any cancellation of, material reduction or change in coverage provided by or other material modification to such policy. Each Borrower shall execute and deliver to the Bank a collateral assignment, in form and substance satisfactory to the Bank, of each business interruption insurance policy maintained by such Borrower. In the event the Credit Parties fail any Borrower either fails to provide Lender the Bank with evidence of the insurance coverage required by this Section or at any time hereafter shall fail to obtain or maintain any of the policies of insurance required above, or to pay any premium in whole or in part relating thereto, then Lenderthe Bank, without waiving or releasing any obligation or default by such Borrower hereunder, may at any time (but shall be under no obligation to so act), obtain and maintain such policies of insurance and pay such premium premiums and take any other action with respect thereto, which Lender the Bank deems advisable. This insurance coverage: coverage (ia) may, but need not, protect the Credit Parties’ interest such Borrower’s interests in such property, including, but not limited to, including the Collateral; , and (iib) may not pay any claim made by, or against, the Credit Parties such Borrower in connection with such property, including, but not limited to, including the Collateral. The Credit Parties Such Borrower may later cancel any such insurance purchased by Lenderthe Bank, but only after providing Lender the Bank with evidence that such Borrower has obtained the insurance coverage required by this Section is in forceSection. The If the Bank purchases insurance for the Collateral, such Borrower will be responsible for the costs of such insurance obtained by Lenderthat insurance, through and including the effective date such insurance coverage is canceled or expires, shall be payable on demand by the Credit Parties to Lender, together with interest at the Default Rate on such amounts until repaid and any other charges by Lender in connection that may be imposed with the placement of such the insurance, until the effective date of the cancellation or expiration of the insurance. The costs of such insurance, which the insurance may be greater added to the principal amount of the Loans owing hereunder. The costs of the insurance may be more than the cost of the insurance which the Credit Parties such Borrower may be able to obtain on its own, together with interest thereon at the Default Rate and any other charges by Lender in connection with the placement of such insurance may be added to the total Obligations due and owing to the extent not paid by the Credit Parties.
Appears in 3 contracts
Samples: Loan and Security Agreement (Intricon Corp), Loan and Security Agreement (Intricon Corp), Loan and Security Agreement (Intricon Corp)
Maintain Insurance. The Credit Parties’ Borrower shall at all times insure and keep insured maintain with insurance companies reasonably acceptable to the Lender, all insurable property owned such insurance coverage as may be required by the Credit Parties which is of a character usually insured by companies similarly situated and operating like properties, against loss any law or damage from environmental, fire governmental regulation or court decree or order applicable to it and such other insurance, to such extent and against such hazards or risks as are customarily insured against by companies similarly situated and operating like properties; and shall similarly insure liabilities, including employers’, public and professional liability risks, as is customarily maintained by companies similarly situated, and shall have insured amounts no less than, and deductibles no higher than, are customary and reasonable. Prior The Borrower shall furnish to the date of the funding of any Loans under this Agreement, Borrower shall deliver to Lender a certificate setting forth in summary form reasonable detail the nature and extent of the all insurance maintained pursuant by the Borrower, which shall be reasonably acceptable to this Sectionthe Lender. All The Borrower shall cause each issuer of an insurance policy to provide the Lender with an endorsement (i) showing the Lender as lender loss payee with respect to each policy of property or casualty insurance; and (ii) providing that ten (10) days’ notice will be given to the Lender prior to any cancellation of, material reduction or change in coverage provided by or other material modification to such policies of insurance must be policy. The Borrower shall execute and deliver to the Lender a collateral assignment, in form and substance satisfactory to Lender in relation to the amount and term Lender, of each business interruption insurance policy maintained by the Obligations and type and value of the Collateral and assets of the Credit Parties, shall identify Lender as sole/lender’s loss payee and as an additional insuredBorrower. In the event the Credit Parties fail Borrower either fails to provide the Lender with evidence of the insurance coverage required by this Section or at any time hereafter shall fail to obtain or maintain any of the policies of insurance required above, or to pay any premium in whole or in part relating thereto, then the Lender, without waiving or releasing any obligation or default by the Borrower hereunder, may at any time (but shall be under no obligation to so act), obtain and maintain such policies of insurance and pay such premium premiums and take any other action with respect thereto, which the Lender reasonably deems advisable. This insurance coverage: coverage (ia) may, but need not, protect the Credit Parties’ interest Borrower’s interests in such property, including, but not limited to, the Collateral; , and (iib) may not pay any claim made by, or against, the Credit Parties Borrower in connection with such property, including, but not limited to, the Collateral. The Credit Parties Borrower may later cancel any such insurance purchased by the Lender, but only after providing the Lender with evidence that the Borrower has obtained the insurance coverage required by this Section is in forceSection. The If the Lender purchases insurance for the Collateral, the Borrower will be responsible for the costs of such insurance obtained by Lenderthat insurance, through and including the effective date such insurance coverage is canceled or expires, shall be payable on demand by the Credit Parties to Lender, together with interest at the Default Rate on such amounts until repaid and any other charges by Lender in connection that may be imposed with the placement of such the insurance, until the effective date of the cancellation or expiration of the insurance. The costs of such insurance, which the insurance may be greater added to the principal amount of the Loans owing hereunder. The costs of the insurance may be more than the cost of the insurance which the Credit Parties Borrower may be able to obtain on its own, together with interest thereon at the Default Rate and any other charges by Lender in connection with the placement of such insurance may be added to the total Obligations due and owing to the extent not paid by the Credit Parties.
Appears in 2 contracts
Samples: Loan and Security Agreement (Amtech Systems Inc), Loan and Security Agreement (Amtech Systems Inc)
Maintain Insurance. The Credit Parties’ shall at all times insure Maintain fire and keep insured other risk insurance, public liability insurance, and such other insurance as Bank may reasonably require with respect to Borrower’s properties and operations, in form, amounts, and coverages and with insurance companies reasonably acceptable to LenderBank. Borrower, upon request of Bank, will deliver to Bank from time to time the policies or certificates of insurance in form satisfactory to Bank, including stipulations that coverages will not be cancelled or diminished without at least thirty (30) days prior written notice to Bank. Each insurance policy also shall include an endorsement (NY long form) providing that coverage in favor of Bank will not be impaired in any way by any act, omission or default of Borrower or any other person. In connection with all insurable policies covering the Collateral, Borrower shall provide Bank with such Bank’s loss payable or other endorsements as Bank may require, and shall furnish to Bank upon request, reports on each existing insurance policy showing such information as Bank may reasonably request, including without limitation the following: (1) the name of the insurer; (2) the risks insured; (3) the amount of the policy; (4) the properties and assets insured; (5) the current property owned by values on the Credit Parties basis of which is insurance has been obtained, and the manner of a character usually insured by companies similarly situated and operating like properties, against loss or damage from environmental, fire and such other hazards or risks as are customarily insured against by companies similarly situated and operating like propertiesdetermining those values; and shall similarly insure employers’, public and professional liability risks. Prior to (6) the expiration date of the funding policy. In addition, upon request of Bank (however not more often than annually), Bank may require that an independent appraiser satisfactory to Bank determine, as applicable, the actual cash value or replacement cost of any Loans under this AgreementCollateral. The cost of such appraisal shall be paid by Borrower. Should any or all of the Collateral become uninsured for any reason, Borrower shall deliver have ten (10) days after receipt of notice from Bank to Lender a certificate setting forth in summary form obtain replacement insurance on the nature and extent of the insurance maintained pursuant to this Section. All such policies of insurance must be Collateral satisfactory to Lender in relation to the amount and term of the Obligations and type and value of the Collateral and assets of the Credit PartiesBank and, shall identify Lender as sole/lender’s loss payee and as an additional insured. In the event the Credit Parties fail to provide Lender with evidence of the insurance coverage required by this Section or at any time hereafter shall should Borrower fail to obtain or maintain any of the policies of insurance required above, or to pay any premium in whole or in part relating thereto, then Lender, without waiving or releasing any obligation or default by Borrower hereunder, may at any time (but shall be under no obligation to so act), obtain and maintain such policies of insurance and pay such premium and take any other action with respect thereto, which Lender deems advisable. This insurance coverage: (i) may, but need not, protect the Credit Parties’ interest in such property, including, but not limited to, the Collateral; and (ii) may not pay any claim made by, or against, the Credit Parties in connection with such property, including, but not limited to, the Collateral. The Credit Parties may later cancel any such insurance purchased by Lender, but only after providing Lender with evidence that the insurance coverage required by this Section is in force. The costs of such insurance obtained by Lender, through and including the effective date such insurance coverage is canceled or expires, shall be payable on demand by the Credit Parties to Lender, together with interest at the Default Rate on such amounts until repaid and any other charges by Lender in connection with the placement of such insurance. The costs of such insurance, which Bank may be greater than purchase insurance covering the Collateral, the cost of insurance which the Credit Parties may shall be able to obtain on its own, together with interest thereon at the Default Rate and any other charges by Lender in connection with the placement of such insurance may be added to the total Obligations due and owing to the extent not paid by the Credit PartiesBorrower on demand.
Appears in 2 contracts
Samples: Loan Agreement, Loan Agreement (Applied Optoelectronics, Inc.)
Maintain Insurance. The Credit Parties’ Borrower shall at all times insure and keep insured with in insurance companies reasonably acceptable to Lenderthe Bank, all insurable property owned by the Credit Parties it which is of a character usually typically insured by companies similarly situated and operating like properties, against loss or damage from environmental, fire and such other hazards or risks as are customarily insured against by companies similarly situated and operating like properties; and shall similarly insure employers’, ’ public and professional liability risks. Prior to the date of the funding of any Loans under this Agreementthe Note, the Borrower shall deliver to Lender the Bank a certificate setting forth in summary form the nature and extent of the insurance maintained by the Borrower pursuant to this SectionSection 9.4. All such policies of insurance must be satisfactory to Lender the Bank in relation to the amount and term of the Obligations and type and value of the Collateral and assets of the Credit PartiesBorrower, shall identify Lender the Bank as sole/lender’s loss payee and as an additional insured. In the event the Credit Parties fail Borrower either fails to provide Lender the Bank with evidence of the insurance coverage required by this Section or at any time hereafter shall fail to obtain or maintain any of the policies of insurance required above, or to pay any premium in whole or in part relating thereto, then Lenderthe Bank, without waiving or releasing any obligation or default by the Borrower hereunder, may at any time (but shall be under no obligation to so act), obtain and maintain such policies of insurance and pay such premium and take any other action with respect thereto, which Lender the Bank deems advisable. This insurance coverage: coverage (i) may, but need not, protect the Credit Parties’ Borrower’s interest in the such property, including, but not limited to, to the Collateral; , and (ii) may not pay any claim made by, or against, the Credit Parties Borrower in connection with such property, including, but not limited to, to the Collateral. The Credit Parties Borrower may later cancel any such insurance purchased by Lenderthe Bank, but only after providing Lender the Bank with evidence that the Borrower has obtained the insurance coverage required by this Section is in forceSection. The costs of such insurance obtained by Lenderthe Bank, through and including the effective date such insurance coverage is canceled or expires, shall be payable on demand by the Credit Parties Borrower to Lenderthe Bank, together with interest at the Default Rate Rate, on such amounts until repaid and any other charges by Lender the Bank in connection with the placement of such insurance. The costs of such insurance, which may be greater than the cost of insurance which the Credit Parties Borrower may be able to obtain on its own, together with interest thereon at the Default Rate and any other charges by Lender the Bank in connection with the placement of such insurance insurance, may be added to the total Obligations due and owing to the extent not paid by the Credit Partiesowing.
Appears in 2 contracts
Samples: Loan and Security Agreement (Huron Consulting Group Inc.), Loan and Security Agreement (Huron Consulting Group Inc.)
Maintain Insurance. The Credit Parties’ shall at all times insure Maintain fire and keep insured other risk insurance, public liability insurance, and such other insurance as Bank may reasonably require with respect to Borrower’s properties and operations, in form, amounts, and coverages and with insurance companies acceptable to LenderBank. Borrower, upon request of Bank, will deliver to Bank from time to time the policies or certificates of insurance in form satisfactory to Bank, including stipulations that coverages will not be cancelled or diminished without at least thirty (30) days prior written notice to Bank. Each insurance policy also shall include an endorsement (NY long form) providing that coverage in favor of Bank, as lender loss payee, will not be impaired in any way by any act, omission or default of Borrower or any other person. In connection with all insurable policies covering the Collateral, Borrower shall provide Bank with such Bank’s lender loss payee or other endorsements as Bank may reasonably require, and shall furnish to Bank upon request, reports on each existing insurance policy showing such information as Bank may reasonably request, including without limitation the following: (1) the name of the insurer; (2) the risks insured; (3) the amount of the policy; (4) the properties and assets insured; (5) the current property owned by values on the Credit Parties basis of which is insurance has been obtained, and the manner of a character usually insured by companies similarly situated and operating like properties, against loss or damage from environmental, fire and such other hazards or risks as are customarily insured against by companies similarly situated and operating like propertiesdetermining those values; and shall similarly insure employers’, public and professional liability risks. Prior to (6) the expiration date of the funding policy. In addition, upon request of Bank (however not more often than once every two years); Bank may require that an independent appraiser satisfactory to Bank determine, as applicable, the actual cash value or replacement cost of any Loans under Collateral; provided, and for avoidance of doubt, nothing in this Agreement, Borrower sentence shall deliver to Lender a certificate setting forth in summary form limit the nature and extent number of the insurance maintained pursuant to this Section“field exams” Bank may require. All The cost of such policies of insurance must appraisal shall be satisfactory to Lender in relation to the amount and term of the Obligations and type and value paid by Borrower. Should any or all of the Collateral and assets of the Credit Partiesbecome uninsured for any reason, shall identify Lender as sole/lender’s loss payee and as an additional insured. In the event the Credit Parties fail Bank without notice to provide Lender with evidence of the insurance coverage required by this Section or at any time hereafter shall fail to obtain or maintain any of the policies of insurance required aboveBorrower, or to pay any premium in whole or in part relating thereto, then Lender, without waiving or releasing any obligation or default by Borrower hereunder, may at any time (but shall be under no obligation to so act), obtain and maintain such policies of insurance and pay such premium and take any other action with respect thereto, which Lender deems advisable. This insurance coverage: (i) may, but need not, protect the Credit Parties’ interest in such property, including, but shall not limited be obligated to, purchase insurance covering the Collateral; , and (ii) may not pay any claim made by, or against, the Credit Parties in connection with such property, including, but not limited to, the Collateral. The Credit Parties may later cancel any such insurance purchased by Lender, but only after providing Lender with evidence that the insurance coverage required by this Section is in force. The costs of such insurance obtained by Lender, through and including the effective date such insurance coverage is canceled or expires, shall be payable on demand by the Credit Parties to Lender, together with interest at the Default Rate on such amounts until repaid and any other charges by Lender in connection with the placement of such insurance. The costs of such insurance, which may be greater than the cost of insurance which the Credit Parties may be able to obtain on its own, expended together with interest thereon at the Default Rate and any other charges by Lender in connection with the placement of such insurance may be added to the total Obligations Rate, shall become immediately due and owing payable to Bank. Borrower shall have ten (10) days after receipt of notice from Bank to obtain replacement insurance on the extent Collateral satisfactory to Bank. Borrower’s obligation to provide replacement coverage shall not paid be relieved by the Credit PartiesBank purchasing coverage.
Appears in 2 contracts
Samples: Loan Agreement (Command Center, Inc.), Loan Agreement (Command Center, Inc.)
Maintain Insurance. The Credit Parties’ Borrower shall at all times insure and keep insured with insurance companies acceptable to Lender, all insurable property owned by the Credit Parties Borrower which is of a character usually insured by companies similarly situated and operating like properties, against loss or damage from environmental, fire and such other hazards or risks as are customarily insured against by companies similarly situated and operating like properties; and shall similarly insure employers’, public and professional liability risks. Prior to the date of the funding of any Loans under this Agreement, Borrower shall deliver to Lender a certificate setting forth in summary form the nature and extent of the insurance maintained pursuant to this Section. All such policies of insurance must be satisfactory to Lender in relation to the amount and term of the Obligations and type and value of the Collateral and assets of the Credit PartiesBorrower, shall identify Lender as sole/lender’s loss payee and as an additional insured. In the event the Credit Parties fail Borrower fails to provide Lender with evidence of the insurance coverage required by this Section or at any time hereafter shall fail to obtain or maintain any of the policies of insurance required above, or to pay any premium in whole or in part relating thereto, then Lender, without waiving or releasing any obligation or default by Borrower hereunder, may at any time (but shall be under no obligation to so act), obtain and maintain such policies of insurance and pay such premium and take any other action with respect thereto, which Lender deems advisable. This insurance coverage: (i) may, but need not, protect the Credit Parties’ Borrower’s interest in such property, including, but not limited to, the Collateral; and (ii) may not pay any claim made by, or against, the Credit Parties Borrower in connection with such property, including, but not limited to, the Collateral. The Credit Parties Borrower may later cancel any such insurance purchased by Lender, but only after providing Lender with evidence that the insurance coverage required by this Section is in force. The costs of such insurance obtained by Lender, through and including the effective date such insurance coverage is canceled or expires, shall be payable on demand by the Credit Parties Borrower to Lender, together with interest at the Default Rate on such amounts until repaid and any other charges by Lender in connection with the placement of such insurance. The costs of such insurance, which may be greater than the cost of insurance which the Credit Parties Borrower may be able to obtain on its own, together with interest thereon at the Default Rate and any other charges by Lender in connection with the placement of such insurance may be added to the total Obligations due and owing to the extent not paid by the Credit PartiesBorrower.
Appears in 2 contracts
Samples: Credit Agreement (Wowio, Inc.), Credit Agreement (Jammin Java Corp.)
Maintain Insurance. The Credit Parties’ Borrower shall at all times insure and keep insured maintain, with insurance companies reasonably acceptable to Lenderthe Bank, all insurable property owned such insurance coverage as may be required by the Credit Parties which is of a character usually insured by companies similarly situated and operating like properties, against loss any law or damage from environmental, fire governmental regulation or court decree or order applicable to it and such other insurance, to such extent and against such hazards or risks as are customarily insured against by companies similarly situated and operating like properties; and shall similarly insure liabilities, including employers’, public and professional liability risks. Prior , as is customarily maintained by companies similarly situated, and shall have insured amounts no less than, and deductibles no higher than, are reasonably acceptable to the date of the funding of any Loans under this Agreement, Bank. The Borrower shall deliver furnish to Lender the Bank a certificate setting forth in summary form reasonable detail the nature and extent of the all insurance maintained pursuant to this Section. All such policies of insurance must by the Borrower, which shall be satisfactory to Lender reasonably acceptable in relation all respects to the amount and term Bank. The Borrower shall cause each issuer of an insurance policy to provide the Obligations and type and value of Bank with an endorsement (i) showing the Collateral and assets of the Credit Parties, shall identify Lender Bank as sole/lender’s loss payee and with respect to each policy of property or casualty insurance; (ii) naming the Bank as an additional insuredinsured with respect to all liability policies, and (iii) providing that thirty (30) days notice will be given to the Bank prior to any cancellation of, material reduction or change in coverage provided by or other material modification to such policy. In The Borrower shall execute and deliver to the event Bank a collateral assignment, in form and substance satisfactory to the Credit Parties fail to provide Lender with evidence Bank, of each business interruption insurance policy, if any, maintained by the insurance coverage required by this Section or at any time hereafter shall fail to obtain or maintain any of the policies of insurance required aboveBorrower. IN THE EVENT THE BORROWER EITHER FAILS TO PROVIDE THE BANK WITH EVIDENCE OF THE INSURANCE COVERAGE REQUIRED BY THIS SECTION OR AT ANY TIME HEREAFTER SHALL FAIL TO OBTAIN OR MAINTAIN ANY OF THE POLICIES OF INSURANCE REQUIRED ABOVE, or to pay any premium in whole or in part relating theretoOR TO PAY ANY PREMIUM IN WHOLE OR IN PART RELATING THERETO, then LenderTHEN THE BANK, without waiving or releasing any obligation or default by Borrower hereunderWITHOUT WAIVING OR RELEASING ANY OBLIGATION OR DEFAULT BY THE BORROWER HEREUNDER, may at any time MAY AT ANY TIME (but shall be under no obligation to so actBUT SHALL BE UNDER NO OBLIGATION TO SO ACT), obtain and maintain such policies of insurance and pay such premium and take any other action with respect theretoOBTAIN AND MAINTAIN SUCH POLICIES OF INSURANCE AND PAY SUCH PREMIUMS AND TAKE ANY OTHER ACTION WITH RESPECT THERETO, which Lender deems advisableWHICH THE BANK DEEMS ADVISABLE. This insurance coverage: THIS INSURANCE COVERAGE (iA) mayMAY, but need notBUT NEED NOT, protect the Credit Parties’ interest in such propertyPROTECT THE BORROWER’S INTERESTS IN SUCH PROPERTY, includingINCLUDING, but not limited toBUT NOT LIMITED TO, the Collateral; and THE COLLATERAL, AND (iiB) may not pay any claim made byMAY NOT PAY ANY CLAIM MADE BY, or againstOR AGAINST, the Credit Parties in connection with such propertyTHE BORROWER IN CONNECTION WITH SUCH PROPERTY, includingINCLUDING, but not limited toBUT NOT LIMITED TO, the CollateralTHE COLLATERAL. The Credit Parties may later cancel any such insurance purchased by LenderTHE BORROWER MAY LATER CANCEL ANY SUCH INSURANCE PURCHASED BY THE BANK, but only after providing Lender with evidence that the insurance coverage required by this Section is in forceBUT ONLY AFTER PROVIDING THE BANK WITH EVIDENCE THAT THE BORROWER HAS OBTAINED THE INSURANCE COVERAGE REQUIRED BY THIS SECTION. The costs of such insurance obtained by LenderIF THE BANK PURCHASES INSURANCE FOR THE COLLATERAL, through and including the effective date such insurance coverage is canceled or expiresTHE BORROWER WILL BE RESPONSIBLE FOR THE COSTS OF THAT INSURANCE, shall be payable on demand by the Credit Parties to LenderINCLUDING INTEREST AND ANY OTHER CHARGES THAT MAY BE IMPOSED WITH THE PLACEMENT OF THE INSURANCE, together with interest at the Default Rate on such amounts until repaid and any other charges by Lender in connection with the placement of such insuranceUNTIL THE EFFECTIVE DATE OF THE CANCELLATION OR EXPIRATION OF THE INSURANCE. The costs of such insurance, which may be greater than the cost of insurance which the Credit Parties may be able to obtain on its own, together with interest thereon at the Default Rate and any other charges by Lender in connection with the placement of such insurance may be added to the total Obligations due and owing to the extent not paid by the Credit PartiesTHE COSTS OF THE INSURANCE MAY BE ADDED TO THE PRINCIPAL AMOUNT OF THE LOANS OWING HEREUNDER. THE COSTS OF THE INSURANCE MAY BE MORE THAN THE COST OF THE INSURANCE THE BORROWER MAY BE ABLE TO OBTAIN ON ITS OWN.
Appears in 2 contracts
Samples: Loan and Security Agreement (PLM Equipment Growth Fund V), Loan and Security Agreement (PLM Equipment Growth Fund V)
Maintain Insurance. The Credit Parties’ Borrowers shall at all times insure and keep insured with insurance companies acceptable to the Lender, all insurable property owned by the Credit Parties Borrowers which is of a character usually insured by companies similarly situated and operating like properties, against loss or damage from environmental, fire and such other hazards or risks as are customarily insured against by companies similarly situated and operating like properties; and shall similarly insure employers’, public and professional liability risks. Prior to the date of the funding of any Loans under this Agreement, Borrower the Borrowers shall deliver to the Lender a certificate setting forth in summary form the nature and extent of the insurance maintained pursuant to this Section. All such policies of insurance must be satisfactory to the Lender in relation to the amount and term of the Obligations and type and value of the Collateral and assets of the Credit PartiesBorrowers, shall identify the Lender as sole/lender’s loss payee and as an additional insured. In the event the Credit Parties Borrowers fail to provide the Lender with evidence of the insurance coverage required by this Section or at any time hereafter shall fail to obtain or maintain any of the policies of insurance required above, or to pay any premium in whole or in part relating thereto, then the Lender, without waiving or releasing any obligation or default by Borrower the Borrowers hereunder, may at any time (but shall be under no obligation to so act), obtain and maintain such policies of insurance and pay such premium and take any other action with respect thereto, which the Lender deems advisable. This insurance coverage: coverage (i) may, but need not, protect the Credit Parties’ such Borrower’s interest in such property, including, but not limited to, to the Collateral; , and (ii) may not pay any claim made by, or against, the Credit Parties such Borrower in connection with such property, including, but not limited to, to the Collateral. The Credit Parties Such Borrower may later cancel any such insurance purchased by the Lender, but only after providing the Lender with evidence that the insurance coverage required by this Section is in force. The costs of such insurance obtained by the Lender, through and including the effective date such insurance coverage is canceled or expires, shall be payable on demand by Borrowers to the Credit Parties to Lender, together with interest at the Default Rate on such amounts until repaid and any other charges by the Lender in connection with the placement of such insurance. The costs of such insurance, which may be greater than the cost of insurance which the Credit Parties Borrowers may be able to obtain on its own, together with interest thereon at the Default Rate and any other charges by the Lender in connection with the placement of such insurance may be added to the total Obligations due and owing to the extent not paid by the Credit PartiesBorrowers.
Appears in 2 contracts
Samples: Credit Agreement (National Automation Services Inc), Credit Agreement (National Automation Services Inc)
Maintain Insurance. The Credit Parties’ Company and its subsidiaries shall at all times insure and keep insured with insurance companies acceptable to LenderBuyer, all insurable property owned by the Credit Parties Company and its subsidiaries, respectively and as applicable, which is of a character usually insured by companies similarly situated and operating like properties, against loss or damage from environmental, fire and such other hazards or risks as are customarily insured against by companies similarly situated and operating like properties; and shall similarly insure employers’, public and professional liability risks. Prior to the date of Closing Date, the funding of any Loans under this Agreement, Borrower Company shall deliver to Lender the Buyer a certificate setting forth in summary form the nature and extent of the insurance maintained pursuant to this Section. All such policies of insurance must be satisfactory to Lender Buyer in relation to the amount and term of the Obligations Debentures and type and value of the Collateral and assets Assets of the Credit PartiesCompany and the assets and properties of its subsidiaries, shall identify Lender Buyer as sole/lender’s loss payee and as an additional insured. In the event the Credit Parties fail Company fails to provide Lender Buyer with evidence of the insurance coverage required by this Section or at any time hereafter shall fail to obtain or maintain any of the policies of insurance required above, or to pay any premium in whole or in part relating thereto, then Lenderthe Buyer, without waiving or releasing any obligation or default by Borrower the Company hereunder, may at any time (but shall be under no obligation to so act), obtain and maintain such policies of insurance and pay such premium and take any other action with respect thereto, which Lender Buyer deems advisable. This insurance coverage: (i) may, but need not, protect the Credit Parties’ Company’s interest in such property, including, but not limited to, the Collateral; and (ii) may not pay any claim made by, or against, the Credit Parties Company in connection with such property, including, but not limited to, the Collateral. The Credit Parties Company may later request that the Buyer cancel any such insurance purchased by LenderBuyer, but only after providing Lender Buyer with evidence that the insurance coverage required by this Section is in force. The costs of such insurance obtained by LenderBuyer, through and including the effective date such insurance coverage is canceled or expires, shall be payable on demand by the Credit Parties Company to LenderBuyer, together with interest at the Default Rate highest non-usurious rate permitted by law on such amounts until repaid and any other charges by Lender Buyer in connection with the placement of such insurance. The costs of such insurance, which may be greater than the cost of insurance which the Credit Parties Company may be able to obtain on its own, together with interest thereon at the Default Rate highest non-usurious rate permitted by Law and any other charges incurred by Lender Buyer in connection with the placement of such insurance may be added to the total Obligations due and owing by the Company hereunder and under the Debentures to the extent not paid by the Credit PartiesCompany.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Aqualiv Technologies, Inc.), Securities Purchase Agreement (Aqualiv Technologies, Inc.)
Maintain Insurance. The Credit Parties’ ' shall at all times insure and keep insured with insurance companies acceptable to Lender, all insurable property owned by the Credit Parties which is of a character usually insured by companies similarly situated and operating like properties, against loss or damage from environmental, fire and such other hazards or risks as are customarily insured against by companies similarly situated and operating like properties; and shall similarly insure employers’', public and professional liability risks. Prior to the date of the funding of any Loans under this Agreement, Borrower shall deliver to Lender a certificate setting forth in summary form the nature and extent of the insurance maintained pursuant to this Section. All such policies of insurance must be satisfactory to Lender in relation to the amount and term of the Obligations and type and value of the Collateral and assets of the Credit Parties, shall identify Lender as sole/lender’s 's loss payee and as an additional insured. In the event the Credit Parties fail to provide Lender with evidence of the insurance coverage required by this Section or at any time hereafter shall fail to obtain or maintain any of the policies of insurance required above, or to pay any premium in whole or in part relating thereto, then Lender, without waiving or releasing any obligation or default by Borrower hereunder, may at any time (but shall be under no obligation to so act), obtain and maintain such policies of insurance and pay such premium and take any other action with respect thereto, which Lender deems advisable. This insurance coverage: (i) may, but need not, protect the Credit Parties’ ' interest in such property, including, but not limited to, the Collateral; and (ii) may not pay any claim made by, or against, the Credit Parties in connection with such property, including, but not limited to, the Collateral. The Credit Parties may later cancel any such insurance purchased by Lender, but only after providing Lender with evidence that the insurance coverage required by this Section is in force. The costs of such insurance obtained by Lender, through and including the effective date such insurance coverage is canceled or expires, shall be payable on demand by the Credit Parties to Lender, together with interest at the Default Rate on such amounts until repaid and any other charges by Lender in connection with the placement of such insurance. The costs of such insurance, which may be greater than the cost of insurance which the Credit Parties may be able to obtain on its own, together with interest thereon at the Default Rate and any other charges by Lender in connection with the placement of such insurance may be added to the total Obligations due and owing to the extent not paid by the Credit Parties.
Appears in 1 contract
Samples: Senior Secured Revolving Credit Facility Agreement (Artec Global Media, Inc.)
Maintain Insurance. The Within thirty (30) days of the First Closing, the Credit Parties’ Parties shall at all times insure and keep insured with insurance companies acceptable to LenderBuyer, all insurable property property, Assets and businesses owned by the Credit Parties which is of a character usually insured by companies similarly situated and operating like properties, against loss or damage from environmental, fire and such other hazards or risks as are customarily insured against by companies similarly situated and operating like properties; and shall similarly insure employers’, public and professional liability risks. Prior to the date Within thirty (30) days of the funding of any Loans under this AgreementFirst Closing, Borrower the Credit Parties shall deliver to Lender the Buyer a certificate setting forth in summary form the nature and extent of the insurance maintained pursuant to this Section. All such policies of insurance must be satisfactory to Lender Buyer in relation to the amount and term of the Obligations Debentures and type and value of the Collateral and assets Assets of the Credit Parties, shall identify Lender Buyer as sole/lender’s loss payee and as an additional insured. In the event the Credit Parties fail to provide Lender Buyer with evidence of the insurance coverage required by this Section or at any time hereafter shall fail to obtain or maintain any of the policies of insurance required above, or to pay any premium in whole or in part relating thereto, then Lenderthe Buyer, without waiving or releasing any obligation or default by Borrower the Credit Parties hereunder, may at any time (but shall be under no obligation to so act), obtain and maintain such policies of insurance and pay such premium and take any other action with respect thereto, which Lender Buyer deems advisable. This insurance coverage: (i) may, but need not, protect the Credit Parties’ interest in such property, including, but not limited to, the Collateral; and (ii) may not pay any claim made by, or against, the Credit Parties in connection with such property, including, but not limited to, the Collateral. The Credit Parties may later request that the Buyer cancel any such insurance purchased by LenderBuyer, but only after providing Lender Buyer with evidence that the insurance coverage required by this Section is in force. The costs of such insurance obtained by LenderBuyer, through and including the effective date such insurance coverage is canceled or expires, shall be payable on demand by the Credit Parties to LenderBuyer, together with interest at the Default Rate highest non-usurious rate permitted by law on such amounts until repaid and any other charges by Lender Buyer in connection with the placement of such insurance. The costs of such insurance, which may be greater than the cost of insurance which the Credit Parties may be able to obtain on its own, together with interest thereon at the Default Rate highest non-usurious rate permitted by Law and any other charges incurred by Lender Buyer in connection with the placement of such insurance may be added to the total Obligations due and owing by the Credit Parties hereunder and under the Debentures to the extent not paid by the Credit Parties.
Appears in 1 contract
Samples: Securities Purchase Agreement (Star Mountain Resources, Inc.)
Maintain Insurance. The Credit Parties’ Company and its Subsidiaries shall at all times insure and keep insured with insurance companies acceptable to LenderBuyer, all insurable property owned by the Credit Parties Company and its Subsidiaries, respectively and as applicable, which is of a character usually insured by companies similarly situated and operating like properties, against loss or damage from environmental, fire and such other hazards or risks as are customarily insured against by companies similarly situated and operating like properties; and shall similarly insure employers’, public and professional liability risks. Prior to the date of Closing Date, the funding of any Loans under this Agreement, Borrower Company shall deliver to Lender the Buyer a certificate setting forth in summary form the nature and extent of the insurance maintained pursuant to this Section. All such policies of insurance must be reasonably satisfactory to Lender Buyer in relation to the amount and term of the Obligations Debentures and type and value of the Collateral and assets Assets of the Credit PartiesCompany and the assets and properties of its Subsidiaries, shall identify Lender Buyer as sole/lender’s loss payee and as an additional insured. In the event the Credit Parties fail Company fails to provide Lender Buyer with evidence of the insurance coverage required by this Section or at any time hereafter shall fail to obtain or maintain any of the policies of insurance required above, or to pay any premium in whole or in part relating thereto, then Lenderthe Buyer, without waiving or releasing any obligation or default by Borrower the Company hereunder, may at any time (but shall be under no obligation to so act), obtain and maintain such policies of insurance and pay such premium and take any other action with respect thereto, which Lender Buyer deems advisable. This insurance coverage: (i) may, but need not, protect the Credit Parties’ Company’s interest in such property, including, but not limited to, the Collateral; and (ii) may not pay any claim made by, or against, the Credit Parties Company in connection with such property, including, but not limited to, the Collateral. The Credit Parties Company may later request that the Buyer cancel any such insurance purchased by LenderBuyer, but only after providing Lender Buyer with evidence that the insurance coverage required by this Section is in force. The costs of such insurance obtained by LenderBuyer, through and including the effective date such insurance coverage is canceled or expires, shall be payable on demand by the Credit Parties Company to LenderBuyer, together with interest at the Default Rate highest non-usurious rate permitted by law on such amounts until repaid and any other charges by Lender Buyer in connection with the placement of such insurance. The costs of such insurance, which may be greater than the cost of insurance which the Credit Parties Company may be able to obtain on its own, together with interest thereon at the Default Rate highest non-usurious rate permitted by Law and any other charges incurred by Lender Buyer in connection with the placement of such insurance may be added to the total Obligations due and owing by the Company hereunder and under the Debentures to the extent not paid by the Credit PartiesCompany.
Appears in 1 contract
Samples: Securities Purchase Agreement (Cyclone Power Technologies Inc)
Maintain Insurance. The Credit Parties’ Borrower shall, and shall cause each Subsidiary to, at all times insure and keep insured with in insurance companies acceptable to Lenderthe Bank, all insurable property owned by the Credit Parties it which is of a character usually insured by companies similarly situated and operating like properties, against loss or damage from environmental, fire and such other hazards or risks as are customarily insured against by companies similarly situated and operating like properties; and shall similarly insure employers’', public and professional liability risks. Prior to the date of the funding of any Loans under this Agreement, the Note the Borrower shall deliver to Lender the Bank a certificate setting selling forth in summary form the nature and extent of the insurance maintained by the Borrower and its Subsidiaries pursuant to this SectionSECTION 9. All such policies of insurance must be satisfactory to Lender the Bank in relation to the amount and term of the Obligations and type and value of the Collateral and assets of the Credit PartiesBorrower and each Subsidiary, shall identify Lender the Bank as sole/lender’s 's loss payee or mortgagee and as an additional insured. In the event the Credit Parties fail Borrower either fails to provide Lender the Bank with evidence of the insurance coverage required by this Section or at any time hereafter shall fail to obtain or maintain any of the policies of insurance required above, or to pay any premium in whole or in part relating thereto, then Lenderthe Bank, without waiving or releasing any obligation or default by the Borrower hereunder, may at any time (but shall be under no obligation to so act), obtain and maintain such policies of insurance and pay such premium and take any other action with respect thereto, which Lender the Bank deems advisable. This insurance coverage: coverage (i) may, but need not, protect the Credit Parties’ Borrower's and each Subsidiary's interest in the such property, including, but not limited to, to the Collateral; , and (ii) may not pay any claim made by, or against, the Credit Parties Borrower or any Subsidiary in connection with such property, including, but not limited to, to the Collateral. The Credit Parties Borrower may later cancel any such insurance purchased by Lenderthe Bank, but only after providing Lender the Bank with evidence that the Borrower has obtained the insurance coverage required by this Section is in forceSection. The costs of such insurance obtained by Lenderthe Bank, through and including the effective date such insurance coverage is canceled or expires, shall be payable on demand by the Credit Parties Borrower to Lenderthe Bank, together with interest at the Default Rate on such amounts until repaid and any other charges by Lender the Bank in connection with the placement of such insurance. The costs of such insurance, which may be greater than the cost of insurance which the Credit Parties Borrower may be able to obtain on its own, together with interest thereon at the Default Rate and any other charges by Lender the Bank in connection with the placement of such insurance may be added to the total Obligations due and owing to the extent not paid by the Credit Partiesowing.
Appears in 1 contract
Samples: Loan and Security Agreement (Arlington Hospitality Inc)
Maintain Insurance. The Credit Parties’ Each Borrower shall, and each Borrower shall cause any of its Subsidiaries to, at all times insure and keep insured with insurance companies acceptable to Lender, all insurable property owned by the Credit Parties each Borrower which is of a character usually insured by companies similarly situated and operating like properties, against loss or damage from environmental, fire and such other hazards or risks as are customarily insured against by companies similarly situated and operating like properties; and shall similarly insure employers’, public and professional liability risks. Prior to the date of the funding of any Loans under this Agreement, each Borrower shall deliver to Lender a certificate setting forth in summary form the nature and extent of the insurance maintained pursuant to this Section. All such policies of insurance must be satisfactory to Lender in relation to the amount and term of the Obligations and type and value of the Collateral and assets of the Credit Partieseach Borrower, shall identify Lender as sole/lender’s loss payee and as an additional insured. In the event the Credit Parties any Borrower fail to provide Lender with evidence of the insurance coverage required by this Section or at any time hereafter shall fail to obtain or maintain any of the policies of insurance required above, or to pay any premium in whole or in part relating thereto, then Lender, without waiving or releasing any obligation or default by any Borrower hereunder, may at any time (but shall be under no obligation to so act), obtain and maintain such policies of insurance and pay such premium and take any other action with respect thereto, which Lender deems advisable. This insurance coverage: (i) may, but need not, protect the Credit Parties’ any Borrower’s interest in such property, including, but not limited to, the Collateral; and (ii) may not pay any claim made by, or against, the Credit Parties any Borrower in connection with such property, including, but not limited to, the Collateral. The Credit Parties Any Borrower may later cancel any such insurance purchased by Lender, but only after providing Lender with evidence that the insurance coverage required by this Section is in force. The costs of such insurance obtained by Lender, through and including the effective date such insurance coverage is canceled or expires, shall be payable on demand by the Credit Parties Borrowers to Lender, together with interest at the Default Rate on such amounts until repaid and any other charges by Lender in connection with the placement of such insurance. The costs of such insurance, which may be greater than the cost of insurance which the Credit Parties any Borrower may be able to obtain on its own, together with interest thereon at the Default Rate and any other charges by Lender in connection with the placement of such insurance may be added to the total Obligations due and owing to the extent not paid by the Credit Partiesany applicable Borrower.
Appears in 1 contract
Samples: Credit Agreement (Wild Craze, Inc.)
Maintain Insurance. The Credit Parties’ Borrowers shall at all times insure and keep insured maintain with insurance companies reasonably acceptable to Lender, all insurable property owned such insurance coverage as may be required by the Credit Parties which is of a character usually insured by companies similarly situated and operating like properties, against loss any law or damage from environmental, fire governmental regulation or court decree or order applicable to it and such other insurance, to such extent and against such hazards or risks as are customarily insured against by companies similarly situated and operating like properties; and shall similarly insure liabilities, including employers’, public and professional liability risks, as is customarily maintained by companies similarly situated, and shall have insured amounts no less than, and deductibles no higher than, are reasonably acceptable to Lender. Prior to the date of the funding of any Loans under this Agreement, Borrower The Borrowers shall deliver furnish to Lender a certificate setting forth in summary form reasonable detail the nature and extent of the all insurance maintained pursuant by the Borrowers, which shall be reasonably acceptable in all respects to this SectionLender. All such policies The Borrowers shall cause each issuer of an insurance must be satisfactory policy to provide Lender in relation to the amount and term of the Obligations and type and value of the Collateral and assets of the Credit Parties, shall identify with an endorsement (i) showing Lender as sole/lender’s lender loss payee with respect to each policy of property or casualty insurance and naming Xxxxxx as an additional insuredinsured with respect to each policy of liability insurance; and (ii) providing that thirty (30) days’ notice will be given to Lender prior to any cancellation of, material reduction or change in coverage provided by or other material modification to such policy. The Borrowers shall execute and deliver to Lender a collateral assignment, in form and substance satisfactory to Lender, of each business interruption insurance policy maintained by the Borrowers. In the event the Credit Parties Borrowers either fail to provide Lender with evidence of the insurance coverage required by this Section or at any time hereafter shall fail to obtain or maintain any of the policies of insurance required above, or to pay any premium in whole or in part relating thereto, then Lender, without waiving or releasing any obligation or default by Borrower the Borrowers hereunder, may at any time (but shall be under no obligation to so act), obtain and maintain such policies of insurance and pay such premium premiums and take any other action with respect thereto, which Lender Xxxxxx deems advisable. This insurance coverage: coverage (ia) may, but need not, protect the Credit PartiesBorrowers’ interest interests in such property, including, but not limited to, the Collateral; , and (iib) may not pay any claim made by, or against, the Credit Parties Borrowers in connection with such property, including, but not limited to, the Collateral. The Credit Parties Borrowers may later cancel any such insurance purchased by LenderXxxxxx, but only after providing Lender with evidence that the Borrowers have obtained the insurance coverage required by this Section is in forceSection. The If Lender purchases insurance for the Collateral, the Borrowers will be responsible for the costs of such insurance obtained by Lenderthat insurance, through and including the effective date such insurance coverage is canceled or expires, shall be payable on demand by the Credit Parties to Lender, together with interest at the Default Rate on such amounts until repaid and any other charges by Lender in connection that may be imposed with the placement of such the insurance, until the effective date of the cancellation or expiration of the insurance. The costs of such insurance, which the insurance may be greater added to the principal amount of the Loan owing hereunder. The costs of the insurance may be more than the cost of the insurance which the Credit Parties Borrowers may be able to obtain on its their own, together with interest thereon at the Default Rate and any other charges by Lender in connection with the placement of such insurance may be added to the total Obligations due and owing to the extent not paid by the Credit Parties.
Appears in 1 contract
Samples: Loan and Security Agreement
Maintain Insurance. The Credit Parties’ Each of the Borrowers shall at all times insure maintain, and keep insured cause each Subsidiary to maintain, with insurance companies reasonably acceptable to Lenderthe Bank, all insurable property owned such insurance coverage as may be required by the Credit Parties which is of a character usually insured by companies similarly situated and operating like properties, against loss any law or damage from environmental, fire governmental regulation or court decree or order applicable to it and such other insurance, to such extent and against such hazards or risks as are customarily insured against by companies similarly situated and operating like properties; and shall similarly insure liabilities, including employers’, public and professional liability risks. Prior , as is customarily maintained by companies similarly situated, and shall have insured amounts no less than, and deductibles no higher than, are reasonably acceptable to the date Bank. Each of the funding of any Loans under this Agreement, Borrower Borrowers shall deliver furnish to Lender the Bank a certificate setting forth in summary form reasonable detail the nature and extent of the all insurance maintained pursuant to this Section. All by such policies of insurance must Borrower, which shall be satisfactory to Lender reasonably acceptable in relation all respects to the amount and term Bank. Each of the Obligations and type and value Borrowers shall cause each issuer of an insurance policy to provide the Collateral and assets of Bank with an endorsement (i) showing the Credit Parties, shall identify Lender Bank as sole/lender’s loss payee with respect to each policy of property or casualty insurance and naming the Bank as an additional insuredinsured with respect to each policy of liability insurance; and (ii) providing that thirty (30) days notice will be given to the Bank prior to any cancellation of, material reduction or change in coverage provided by or other material modification to such policy. Each of the Borrowers shall execute and deliver to the Bank a collateral assignment, in form and substance satisfactory to the Bank, of each business interruption insurance policy maintained by such Borrower. In the event any of the Credit Parties Borrowers either fail to provide Lender the Bank with evidence of the insurance coverage required by this Section or at any time hereafter shall fail to obtain or maintain any of the policies of insurance required above, or to pay any premium in whole or in part relating thereto, then Lenderthe Bank, without waiving or releasing any obligation or default by Borrower the Borrowers hereunder, may at any time (but shall be under no obligation to so act), obtain and maintain such policies of insurance and pay such premium premiums and take any other action with respect thereto, which Lender the Bank deems advisable. This insurance coverage: coverage (ia) may, but need not, protect the Credit PartiesBorrowers’ interest interests in such property, including, but not limited to, including the Collateral; , and (iib) may not pay any claim made by, or against, the Credit Parties Borrowers in connection with such property, including, but not limited to, including the Collateral. The Credit Parties Borrowers may later cancel any such insurance purchased by Lenderthe Bank, but only after providing Lender the Bank with evidence that the Borrowers have obtained the insurance coverage required by this Section is in forceSection. The If the Bank purchases insurance for the Collateral, the Borrowers will be responsible for the costs of such insurance obtained by Lenderthat insurance, through and including the effective date such insurance coverage is canceled or expires, shall be payable on demand by the Credit Parties to Lender, together with interest at the Default Rate on such amounts until repaid and any other charges by Lender in connection that may be imposed with the placement of such the insurance, until the effective date of the cancellation or expiration of the insurance. The costs of such insurance, which the insurance may be greater added to the principal amount of the Loans owing hereunder. The costs of the insurance may be more than the cost of the insurance which the Credit Parties Borrowers may be able to obtain on its own, together with interest thereon at the Default Rate and any other charges by Lender in connection with the placement of such insurance may be added to the total Obligations due and owing to the extent not paid by the Credit Parties.
Appears in 1 contract
Maintain Insurance. The Credit Parties’ Borrower shall at all times insure and keep insured with in insurance companies acceptable to Lenderthe Bank, all insurable property owned by the Credit Parties it which is of a character usually insured by companies similarly situated and operating like properties, properties against loss or damage from environmental, fire and such other hazards or risks as are customarily insured against by companies similarly situated and operating like properties, in an amount of not less than full replacement cost, naming the Bank as Lender’s Loss Payable and Loss Payee, and a commercial general liability policy in an amount not less than Ten Million and No/100 Dollars ($10,000,000.00) per occurrence and in the aggregate naming Bank as an Additional Insured; and shall similarly insure employers’, ’ public and professional liability risks. Prior to the date of the funding of any Loans under this Agreementthe Notes, the Borrower shall deliver to Lender the Bank a certificate setting forth in summary form the nature and extent of the insurance maintained by the Borrower pursuant to this SectionSection 9.4. In the event Borrower purchases any Equipment, real estate and/or fixtures subsequent to the date of this Agreement, Borrower shall, within thirty (30) days of said purchase, deliver to the Bank a certificate setting forth in summary form the nature and extent of the insurance maintained by the Borrower pursuant to this Section 9.4 with respect to said purchased Equipment, real estate and fixtures. All such policies of insurance must be satisfactory to Lender the Bank in relation to the amount and term of the Obligations and type and value of the Collateral and assets of the Credit PartiesBorrower, shall identify Lender the Bank as sole/lender’s loss payee and or mortgagee and/or as an additional insured, as applicable. In the event the Credit Parties fail Borrower either fails to provide Lender the Bank with evidence of the insurance coverage required by this Section or at any time hereafter shall fail to obtain or maintain any of the policies of insurance required above, or to pay any premium in whole or in part relating thereto, then Lenderthe Bank, without waiving or releasing any obligation or default by the Borrower hereunder, may at any time (but shall be under no obligation to so act), obtain and maintain such policies of insurance and pay such premium and take any other action with respect thereto, which Lender the Bank deems advisable. This insurance coverage: coverage (i) may, but need not, protect the Credit Parties’ Borrower’s interest in such property, including, but not limited to, to the Collateral; , and (ii) may not pay any claim made by, or against, the Credit Parties Borrower in connection with such property, including, but not limited to, to the Collateral. The Credit Parties Borrower may later cancel any such insurance purchased by Lenderthe Bank, but only after providing Lender the Bank with evidence that the Borrower has obtained the insurance coverage required by this Section is in force9.4. The costs of such insurance obtained by Lenderthe Bank, through and including the effective date such insurance coverage is canceled or expires, shall be payable on demand by the Credit Parties Borrower to Lenderthe Bank, together with interest at the Default Rate on such amounts until repaid and any other charges by Lender the Bank in connection with the placement of such insurance. The costs of such insurance, which may be greater than the cost of insurance which the Credit Parties Borrower may be able to obtain on its own, together with interest thereon at the Default Rate and any other charges by Lender the Bank in connection with the placement of such insurance may be added to the total Obligations due and owing to the extent not paid by the Credit Partiesowing.
Appears in 1 contract
Samples: Loan and Security Agreement (Banyan Rail Services Inc.)
Maintain Insurance. The Credit Parties’ Borrower shall at all times insure maintain, and keep insured cause each Subsidiary to maintain, with insurance companies reasonably acceptable to Lenderthe Bank, all insurable property owned such insurance coverage as may be required by the Credit Parties which is of a character usually insured by companies similarly situated and operating like properties, against loss any law or damage from environmental, fire governmental regulation or court decree or order applicable to it and such other insurance, to such extent and against such hazards or risks as are customarily insured against by companies similarly situated and operating like properties; and shall similarly insure liabilities, including employers’', public and professional liability risks. Prior , as is customarily maintained by companies similarly situated, and shall have insured amounts no less than, and deductibles no higher than, are reasonably acceptable to the date of the funding of any Loans under this Agreement, Bank. The Borrower shall deliver furnish to Lender the Bank a certificate setting forth in summary form reasonable detail the nature and extent of the all insurance maintained pursuant by the Borrower, which shall be reasonably acceptable in all respects to this Sectionthe Bank. All The Borrower shall cause each issuer of an insurance policy to provide the Bank with an endorsement (i) showing the Bank as loss payee with respect to each policy of property or casualty insurance; and (ii) providing that thirty (30) days notice will be given to the Bank prior to any cancellation of, material reduction or change in coverage provided by or other material modification to such policies of insurance must be policy. The Borrower shall execute and deliver to the Bank a collateral assignment, in form and substance satisfactory to Lender in relation to the amount and term Bank, of each business interruption insurance policy maintained by the Obligations and type and value of the Collateral and assets of the Credit Parties, shall identify Lender as sole/lender’s loss payee and as an additional insuredBorrower. In the event the Credit Parties fail Borrower either fails to provide Lender the Bank with evidence of the insurance coverage required by this Section 8.6 or at any time hereafter shall fail to obtain or maintain any of the policies of insurance required above, or to pay any premium in whole or in part relating thereto, then Lenderthe Bank, without waiving or releasing any obligation or default by the Borrower hereunder, may at any time (but shall be under no obligation to so act), obtain and maintain such policies of insurance and pay such premium premiums and take any other action with respect thereto, which Lender the Bank deems advisable. This insurance coverage: coverage (ia) may, but need not, protect the Credit Parties’ interest Borrower's interests in such property, including, but not limited to, including the Collateral; , and (iib) may not pay any claim made by, or against, the Credit Parties Borrower in connection with such property, including, but not limited to, including the Collateral. The Credit Parties Borrower may later cancel any such insurance purchased by Lenderthe Bank, but only after providing Lender the Bank with evidence that the Borrower has obtained the insurance coverage required by this Section is in forceSection. The If the Bank purchases insurance for the Collateral, the Borrower will be responsible for the costs of such insurance obtained by Lenderthat insurance, through and including the effective date such insurance coverage is canceled or expires, shall be payable on demand by the Credit Parties to Lender, together with interest at the Default Rate on such amounts until repaid and any other charges by Lender in connection that may be imposed with the placement of such the insurance, until the effective date of the cancellation or expiration of the insurance. The costs of such insurance, which the insurance may be greater added to the principal amount of the Loans owing hereunder. The costs of the insurance may be more than the cost of the insurance which the Credit Parties Borrower may be able to obtain on its own, together with interest thereon at the Default Rate and any other charges by Lender in connection with the placement of such insurance may be added to the total Obligations due and owing to the extent not paid by the Credit Parties.
Appears in 1 contract
Samples: Loan and Security Agreement (Boyd Bros Transportation Inc)
Maintain Insurance. The Credit Parties’ Unless otherwise agreed by the Lender, the Borrower shall at all times insure maintain, and keep insured cause each Subsidiary to maintain, with insurance companies reasonably acceptable to the Lender, all insurable property owned by the Credit Parties which is of a character usually insured by companies similarly situated and operating like properties, against loss or damage from environmental, fire casualty insurance coverage and such other insurance coverage as may be required by any law or governmental regulation or court decree or order applicable to it and such other insurance, to such extent and against such hazards or risks as are customarily insured against by companies similarly situated and operating like properties; and shall similarly insure liabilities, including employers’, public and professional liability risks. Prior , as is customarily maintained by companies similarly situated, and shall have insured amounts no less than, and deductibles no higher than, are reasonably acceptable to the date of the funding of any Loans under this Agreement, Lender. The Borrower shall deliver furnish to the Lender a certificate setting forth in summary form reasonable detail the nature and extent of the all insurance maintained pursuant to this Section. All such policies of insurance must by the Borrower, which shall be satisfactory to Lender reasonably acceptable in relation all respects to the amount and term Lender. The Borrower shall cause each issuer of an insurance policy to provide the Obligations and type and value of Lender with an endorsement (a) showing the Collateral and assets of the Credit Parties, shall identify Lender as sole/lender’s loss payee with respect to each policy of Property or casualty insurance and naming the Lender as an additional insuredinsured with respect to each policy of liability insurance; and (b) providing that thirty (30) days’ notice will be given to the Lender prior to any cancellation of, material reduction or change in coverage provided by or other material modification to such policy. In the event the Credit Parties fail Borrower either fails to provide the Lender with evidence of the insurance coverage required by this Section or at any time hereafter shall fail to obtain or maintain any of the policies of insurance required above, or to pay any premium in whole or in part relating thereto, then the Lender, without waiving or releasing any obligation or default by the Borrower hereunder, may at any time (but shall be under no obligation to so act), obtain and maintain such policies of insurance and pay such premium premiums and take any other action with respect thereto, which the Lender deems advisable. This insurance coverage: coverage (i) may, but need not, protect the Credit Parties’ interest Borrower’s interests in such propertyProperty, including, but not limited to, the Collateral; and (ii) may not pay any claim made by, or against, the Credit Parties Borrower in connection with such property, including, but not limited to, the CollateralProperty. The Credit Parties Borrower may later cancel any such insurance purchased by the Lender, but only after providing the Lender with evidence that the Borrower has obtained the insurance coverage required by this Section is Section. If the Lender purchases insurance for the Borrower or any Subsidiary or its assets to ensure compliance with the covenant contained in force. The this Agreement regarding maintenance of insurance, the Borrower will be responsible for the costs of such insurance obtained by Lenderthat insurance, through and including the effective date such insurance coverage is canceled or expires, shall be payable on demand by the Credit Parties to Lender, together with interest at the Default Rate on such amounts until repaid and any other charges by Lender in connection that may be imposed with the placement of such the insurance, until the effective date of the cancellation or expiration of the insurance. The costs of such insurance, which the insurance may be greater added to the principal amount of the Loans owing hereunder. The costs of the insurance may be more than the cost of the insurance which the Credit Parties Borrower may be able to obtain on its own, together with interest thereon at the Default Rate and any other charges by Lender in connection with the placement of such insurance may be added to the total Obligations due and owing to the extent not paid by the Credit Parties.
Appears in 1 contract
Maintain Insurance. The Credit Parties’ Borrower shall at all times insure and keep insured with insurance companies acceptable to Lender, all insurable property owned by the Credit Parties Borrower which is of a character usually insured by companies similarly situated and operating like properties, against loss or damage from environmental, fire and such other hazards or risks as are customarily insured against by companies similarly situated and operating like properties; and shall similarly insure employers’', public and professional liability risks. Prior to the date of the funding of any Loans under this Agreement, Borrower shall deliver to Lender a certificate setting forth in summary form the nature and extent of the insurance maintained pursuant to this Section. All such policies of insurance must be satisfactory to Lender in relation to the amount and term of the Obligations and type and value of the Collateral and assets of the Credit PartiesBorrower, shall identify Lender as sole/lender’s 's loss payee and as an additional insured. In the event the Credit Parties Borrower fail to provide Lender with evidence of the insurance coverage required by this Section or at any time hereafter shall fail to obtain or maintain any of the policies of insurance required above, or to pay any premium in whole or in part relating thereto, then Lender, without waiving or releasing any obligation or default by Borrower hereunder, may at any time (but shall be under no obligation to so act), obtain and maintain such policies of insurance and pay such premium and take any other action with respect thereto, which Lender deems advisable. This insurance coverage: coverage (i) may, but need not, protect the Credit Parties’ Borrower's interest in such property, including, but not limited to, to the Collateral; , and (ii) may not pay any claim made by, or against, the Credit Parties Borrower in connection with such property, including, but not limited to, to the Collateral. The Credit Parties Borrower may later cancel any such insurance purchased by Lender, but only after providing Lender with evidence that the insurance coverage required by this Section is in force. The costs of such insurance obtained by Lender, through and including the effective date such insurance coverage is canceled or expires, shall be payable on demand by the Credit Parties Borrower to Lender, together with interest at the Default Rate on such amounts until repaid and any other charges by Lender in connection with the placement of such insurance. The costs of such insurance, which may be greater than the cost of insurance which the Credit Parties Borrower may be able to obtain on its own, together with interest thereon at the Default Rate and any other charges by Lender in connection with the placement of such insurance may be added to the total Obligations due and owing to the extent not paid by the Credit PartiesBorrower.
Appears in 1 contract
Maintain Insurance. The Credit Parties’ Parties shall at all times insure and keep insured with insurance companies Company acceptable to LenderBuyer, all insurable property owned by the Credit Parties which is of a character usually insured by companies Company similarly situated and operating like properties, against loss or damage from environmental, fire and such other hazards or risks as are customarily insured against by companies Company similarly situated and operating like properties; and shall similarly insure employers’, public and professional liability risks. Prior to the date of Effective Date, the funding of any Loans under this Agreement, Borrower Credit Parties shall deliver to Lender the Buyer a certificate setting forth in summary form the nature and extent of the insurance maintained pursuant to this Section. All such policies of insurance must be satisfactory to Lender Buyer in relation to the amount and term of the Obligations Debentures and type and value of the Collateral and assets Assets of the Credit Parties, shall identify Lender Buyer as sole/lender’s loss payee and as an additional insured. In the event the Credit Parties fail to provide Lender Buyer with evidence of the insurance coverage required by this Section or at any time hereafter shall fail to obtain or maintain any of the policies of insurance required above, or to pay any premium in whole or in part relating thereto, then Lenderthe Buyer, without waiving or releasing any obligation or default by Borrower the Credit Parties hereunder, may at any time (but shall be under no obligation to so act), obtain and maintain such policies of insurance and pay such premium and take any other action with respect thereto, which Lender Buyer deems advisable. This insurance coverage: (i) may, but need not, protect the Credit Parties’ interest in such property, including, but not limited to, the Collateral; and (ii) may not pay any claim made by, or against, the Credit Parties in connection with such property, including, but not limited to, the Collateral. The Credit Parties may later request that the Buyer cancel any such insurance purchased by LenderBuyer, but only after providing Lender Buyer with evidence that the insurance coverage required by this Section is in force. The costs of such insurance obtained by LenderBuyer, through and including the effective date such insurance coverage is canceled or expires, shall be payable on demand by the Credit Parties to LenderBuyer, together with interest at the Default Rate highest non-usurious rate permitted by law on such amounts until repaid and any other charges by Lender Buyer in connection with the placement of such insurance. The costs of such insurance, which may be greater than the cost of insurance which the Credit Parties may be able to obtain on its own, together with interest thereon at the Default Rate highest non-usurious rate permitted by Law and any other charges incurred by Lender Buyer in connection with the placement of such insurance may be added to the total Obligations due and owing by the Credit Parties hereunder and under the Debentures to the extent not paid by the Credit Parties.
Appears in 1 contract
Samples: Securities Purchase Agreement (Pacific Ventures Group, Inc.)
Maintain Insurance. The Credit Parties’ Borrowers shall at all times insure and keep insured with in insurance companies acceptable to Lenderthe Bank, all insurable property owned by the Credit Parties them which is are of a character usually insured by companies similarly situated and operating like properties, properties against loss or damage from environmental, fire and such other hazards or risks as are customarily insured against by companies similarly situated and operating like properties; and, in any event, such property insurance shall be maintained with limits that are not less than (and deductibles which are not greater than) the limits in effect with respect to Borrowers’ insurance as of the effective date of this Agreement; and shall similarly also obtain a commercial general liability policy and a policy to insure employers’, ’ public and professional liability risks. The Bank shall be named as lender loss payee on all such property insurance maintained by Borrowers and as additional insured on the commercial general liability policy. Prior to the date Effective Date of the funding of any Loans under this Agreement, Borrower the Borrowers shall deliver to Lender the Bank a certificate setting forth in summary form the nature and extent of the insurance maintained by the Borrowers pursuant to this SectionSection 9.4. All such policies of insurance must be satisfactory to Lender the Bank in relation to the amount and term of the Obligations and type and value of the Collateral and assets of the Credit PartiesBorrower, shall identify Lender the Bank as sole/lender’s loss payee and or mortgagee and/or as an additional insured, as applicable. In the event the Credit Parties Borrowers either fail to provide Lender the Bank with evidence of the insurance coverage required by this Section or at any time hereafter shall fail to obtain or maintain any of the policies of insurance required above, or to pay any premium in whole or in part relating thereto, then Lenderthe Bank, without waiving or releasing any obligation or default by Borrower the Borrowers hereunder, may at any time (but shall be under no obligation to so act), obtain and maintain such policies of insurance and pay such premium and take any other action with respect thereto, which Lender the Bank deems advisable. This insurance coverage: coverage (i) may, but need not, protect the Credit PartiesBorrowers’ interest in such property, including, but not limited to, to the Collateral; , and (ii) may not pay any claim made by, or against, the Credit Parties Borrowers in connection with such property, including, but not limited to, to the Collateral. The Credit Parties Borrowers may later cancel any such insurance purchased by Lenderthe Bank, but only after providing Lender the Bank with evidence that the Borrowers has obtained the insurance coverage required by this Section is in force9.4. The costs of such insurance obtained by Lenderthe Bank, through and including the effective date such insurance coverage is are canceled or expires, shall be payable on demand by the Credit Parties Borrowers to Lenderthe Bank, together with interest at the Default Rate on such amounts until repaid and any other charges by Lender the Bank in connection with the placement of such insurance. The costs of such insurance, which may be greater than the cost of insurance which the Credit Parties Borrowers may be able to obtain on its their own, together with interest thereon at the Default Rate and any other charges by Lender the Bank in connection with the placement of such insurance may be added to the total Obligations due and owing to the extent not paid by the Credit Partiesowing.
Appears in 1 contract
Samples: Loan and Security Agreement (FreightCar America, Inc.)
Maintain Insurance. The Credit Parties’ Each Borrower shall at all times insure and keep insured maintain with insurance companies reasonably acceptable to Lender, all insurable property owned such insurance coverage as may be required by the Credit Parties which is of a character usually insured by companies similarly situated and operating like properties, against loss any law or damage from environmental, fire governmental regulation or court decree or order applicable to it and such other insurance, to such extent and against such hazards or risks as are customarily insured against by companies similarly situated and operating like properties; and shall similarly insure liabilities, including employers’, public and professional liability risks, as is customarily maintained by companies similarly situated, and shall have insured amounts no less than, and deductibles no higher than, are reasonably acceptable to Lender. Prior to the date of the funding of any Loans under this Agreement, Each Borrower shall deliver furnish to Lender a certificate setting forth in summary form reasonable detail the nature and extent of the all insurance maintained pursuant by such Borrower, which shall be reasonably acceptable in all respects to this SectionLender. All such policies Each Borrower shall cause each issuer of an insurance must be satisfactory policy to provide Lender in relation to the amount and term of the Obligations and type and value of the Collateral and assets of the Credit Parties, shall identify with an endorsement (i) showing Lender as sole/lender’s loss payee under a loss payable clause with respect to each policy of property or casualty insurance and naming Lender as an additional insuredinsured with respect to each policy of liability insurance; and (ii) providing that thirty (30) days notice will be given to Lender prior to any cancellation of, material reduction or change in coverage provided by or other material modification to such policy. Each Borrower shall execute and deliver to Lender a collateral assignment, in form and substance satisfactory to Lender, of each business interruption insurance policy maintained by such Borrower. In the event the Credit Parties Borrowers either fail to provide Lender with evidence of the insurance coverage required by this Section or at any time hereafter shall fail to obtain or maintain any of the policies of insurance required above, or to pay any premium in whole or in part relating thereto, then Lender, without waiving or releasing any obligation or default by Borrower Borrowers hereunder, may at any time (but shall be under no obligation to so act), obtain and maintain such policies of insurance and pay such premium premiums and take any other action with respect thereto, which Lender deems advisable. This insurance coverage: coverage (ia) may, but need not, protect the Credit PartiesBorrowers’ interest interests in such property, including, but not limited to, including the Collateral; , and (iib) may not pay any claim made by, or against, the Credit Parties Borrowers in connection with such property, including, but not limited to, including the Collateral. The Credit Parties Borrowers may later cancel any such insurance purchased by Lender, but only after providing Lender with evidence that Borrowers have obtained the insurance coverage required by this Section is in forceSection. The If Lender purchases insurance for the Collateral, Borrowers will be responsible for the costs of such insurance obtained by Lenderthat insurance, through and including the effective date such insurance coverage is canceled or expires, shall be payable on demand by the Credit Parties to Lender, together with interest at the Default Rate on such amounts until repaid and any other charges by Lender in connection that may be imposed with the placement of such the insurance, until the effective date of the cancellation or expiration of the insurance. The costs of such insurance, which the insurance may be greater added to the principal amount of the Loans owing hereunder. The costs of the insurance may be more than the cost of the insurance which the Credit Parties Borrowers may be able to obtain on its own, together with interest thereon at the Default Rate and any other charges by Lender in connection with the placement of such insurance may be added to the total Obligations due and owing to the extent not paid by the Credit Parties.
Appears in 1 contract
Maintain Insurance. The Credit Parties’ Borrower shall at all times insure and keep insured with in insurance companies reasonably acceptable to the Lender, all insurable property owned by the Credit Parties it which is of a character usually insured by companies similarly situated and operating like properties, against loss or damage from environmental, fire and such other hazards or risks as are customarily insured against by companies similarly situated and operating like properties; and shall similarly insure employers’, public and professional liability risks. Prior to the date of the initial funding of any Loans under this Agreementthe Revolving Loans, the Borrower shall deliver to the Lender a certificate setting forth in summary form the nature and extent of the insurance maintained by the Borrower pursuant to this SectionSection 9.3. All such policies of insurance must be satisfactory to the Lender in relation to the amount and term of the Obligations and type and value of the Collateral and assets of the Credit PartiesBorrower, shall identify the Lender as sole/lender’s loss payee and as an additional insured. In the event the Credit Parties fail Borrower either fails to provide the Lender with evidence of the insurance coverage required by this Section or at any time hereafter shall fail to obtain or maintain any of the policies of insurance required above, or to pay any premium in whole or in part relating thereto, then the Lender, without waiving or releasing any obligation or default by the Borrower hereunder, may at any time (but shall be under no obligation to so act), obtain and maintain such policies of insurance and pay such premium and take any other action with respect thereto, which the Lender deems advisable. This insurance coverage: coverage (i) may, but need not, protect the Credit Parties’ Borrower’s interest in such property, including, but not limited to, to the Collateral; , and (ii) may not pay any claim made by, or against, the Credit Parties Borrower in connection with such property, including, but not limited to, to the Collateral. The Credit Parties Borrower may later cancel any such insurance purchased by the Lender, but only after providing the Lender with evidence that the Borrower has obtained the insurance coverage required by this Section is in forceSection. The costs of such insurance obtained by the Lender, through and including the effective date such insurance coverage is canceled or expires, shall be payable on demand by the Credit Parties Borrower to the Lender, together with interest at the Default Rate on such amounts until repaid and any other charges by the Lender in connection with the placement of such insurance. The costs of such insurance, which may be greater than the cost of insurance which the Credit Parties Borrower may be able to obtain on its own, together with interest thereon at the Default Rate and any other charges by the Lender in connection with the placement of such insurance may be added to the total Obligations due and owing to the extent not paid by the Credit Partiesowing.
Appears in 1 contract
Samples: Loan and Security Agreement (Flux Power Holdings, Inc.)
Maintain Insurance. The Credit Parties’ Each Borrower shall at all times insure maintain, and keep insured cause each Subsidiary to maintain, with insurance companies reasonably acceptable to Lender, all insurable property owned such insurance coverage as may be required by the Credit Parties which is of a character usually insured by companies similarly situated and operating like properties, against loss any law or damage from environmental, fire governmental regulation or court decree or order applicable to it and such other insurance, to such extent and against such hazards or risks as are customarily insured against by companies similarly situated and operating like properties; and shall similarly insure liabilities, including employers’, public and professional liability risks, as is customarily maintained by companies similarly situated, and shall have insured amounts no less than, and deductibles no higher than, are reasonably acceptable to Lender. Prior to the date of the funding of any Loans under this Agreement, Borrower The Borrowers shall deliver furnish to Lender a certificate setting forth in summary form reasonable detail the nature and extent of the all insurance maintained pursuant by the Borrowers, which shall be reasonably acceptable in all respects to this SectionLender. All such policies The Borrowers shall cause each issuer of an insurance must be satisfactory policy to provide Lender in relation to the amount and term of the Obligations and type and value of the Collateral and assets of the Credit Parties, shall identify with an endorsement (i) showing Lender as sole/lender’s loss payee with respect to each policy of property or casualty insurance and naming Lender as an additional insuredinsured with respect to each policy of liability insurance; and (ii) providing that thirty (30) days notice will be given to Lender prior to any cancellation of, material reduction or change in coverage provided by or other material modification to such policy. The Borrowers shall execute and deliver to Lender a collateral assignment, in form and substance satisfactory to Lender, of each business interruption insurance policy maintained by the Borrowers. In the event the Credit Parties Borrowers either fail to provide Lender with evidence of the insurance coverage required by this Section or at any time hereafter shall fail to obtain or maintain any of the policies of insurance required above, or to pay any premium in whole or in part relating thereto, then Lender, without waiving or releasing any obligation or default by Borrower the Borrowers hereunder, may at any time (but shall be under no obligation to so act), obtain and maintain such policies of insurance and pay such premium premiums and take any other action with respect thereto, which Lender deems advisable. This insurance coverage: coverage (ia) may, but need not, protect the Credit PartiesBorrowers’ interest interests in such property, including, but not limited to, including the Collateral; , and (iib) may not pay any claim made by, or against, the Credit Parties Borrowers in connection with such property, including, but not limited to, including the Collateral. The Credit Parties Borrowers may later cancel any such insurance purchased by Lender, but only after providing Lender with evidence that the Borrowers have obtained the insurance coverage required by this Section is in forceSection. The If Lender purchases insurance for the Collateral, the Borrowers will be responsible for the costs of such insurance obtained by Lenderthat insurance, through and including the effective date such insurance coverage is canceled or expires, shall be payable on demand by the Credit Parties to Lender, together with interest at the Default Rate on such amounts until repaid and any other charges by Lender in connection that may be imposed with the placement of such the insurance, until the effective date of the cancellation or expiration of the insurance. The costs of such insurance, which the insurance may be greater added to the principal amount of the Loans owing hereunder. The costs of the insurance may be more than the cost of the insurance which the Credit Parties Borrowers may be able to obtain on its own, together with interest thereon at the Default Rate and any other charges by Lender in connection with the placement of such insurance may be added to the total Obligations due and owing to the extent not paid by the Credit Parties.
Appears in 1 contract
Samples: Loan and Security Agreement (Hill International, Inc.)
Maintain Insurance. The Credit Parties’ shall at all times insure and keep insured with insurance companies acceptable to Lender, all insurable property owned by the Credit Parties which is of a character usually insured by companies similarly situated and operating like properties, against loss or damage from environmental, fire and such other hazards or risks as are customarily insured against by companies similarly situated and operating like properties; and shall similarly insure employers’, public and professional liability risks. Prior to the date of the funding of any Loans under this Agreement, Borrower shall deliver to Lender a certificate setting forth in summary form the nature and extent of the insurance maintained pursuant to this Section. All such policies of insurance must be satisfactory to Lender in relation to the amount and term of the Obligations and type and value of the Collateral and assets of the Credit Parties, shall identify Lender as sole/lender’s loss payee and as an additional insured. In the event the Credit Parties fail to provide Lender with evidence of the insurance coverage required by this Section or at any time hereafter shall fail to obtain or maintain any of the policies of insurance required above, or to pay any premium in whole or in part relating thereto, then Lender, without waiving or releasing any obligation or default by Borrower hereunder, may at any time (but shall be under no obligation to so act), obtain and maintain such policies of insurance and pay such premium and take any other action with respect thereto, which Lender deems advisable. This insurance coverage: (i) may, but need not, protect the Credit Parties’ interest in such property, including, but not limited to, the Collateral; and (ii) may not pay any claim made by, or against, the Credit Parties in connection with such property, including, but not limited to, the Collateral. The Credit Parties may later cancel any such insurance purchased by Lender, but only after providing Lender with evidence that the insurance coverage required by this Section is in force. The costs of such insurance obtained by Lender, through and including the effective date that such insurance coverage is canceled or expires, shall be payable on demand by the Credit Parties to Lender, together with interest at the Default Rate on such amounts until repaid and any other charges by Lender in connection with the placement of such insurance. The costs of such insurance, which may be greater than the cost of insurance which the Credit Parties may be able to obtain on its their own, together with interest thereon at the Default Rate and any other charges by Lender in connection with the placement of such insurance may be added to the total Obligations due and owing to the extent not paid by the Credit Parties.
Appears in 1 contract
Samples: Senior Secured Revolving Credit Facility Agreement (SRAX, Inc.)
Maintain Insurance. The Credit Parties’ Debtor shall at all times insure maintain and keep insured in full force and effect during the term of the this Security Agreement adequate insurance coverage, with insurance companies acceptable all premiums paid thereon and without notice or demand, with respect to Lender, all insurable property owned by the Credit Parties which is of a character usually insured by companies similarly situated its properties and operating like properties, business against loss or damage from environmental, fire of the kinds and such other hazards or risks as are in the amounts customarily insured against by companies similarly situated of established reputation engaged in the same or similar businesses in accordance with the terms of the Loan Agreement, dated as of even date herewith, by and operating like properties; between the Debtor and shall similarly insure employers’, public and professional liability risksthe Bank. Prior Not less than thirty (30) days prior to the expiration date of any insurance policy, if requested by the funding of any Loans under this AgreementBank, Borrower the Debtor shall deliver to Lender a certificate setting forth in summary form the nature and extent Bank the original (or certified copy), or the original certificate, as applicable, of each renewal policy, together with receipts or other evidence that the insurance maintained pursuant to this Section. All such policies of insurance must be satisfactory to Lender in relation to the amount and term of the Obligations and type and value of the Collateral and assets of the Credit Parties, shall identify Lender as sole/lender’s loss payee and as an additional insuredpremiums therefor have been paid. In the event the Credit Parties fail Debtor either fails to provide Lender the Bank with evidence of the insurance coverage required by this Section or at any time hereafter shall fail to obtain or maintain any of the policies of insurance required above, or to pay any premium in whole or in part relating thereto, then Lenderthe Bank, without waiving or releasing any obligation or default by Borrower the Debtor hereunder, may at any time (but shall be under no obligation to so act), obtain and maintain such policies of insurance and pay such premium premiums and take any other action with respect thereto, which Lender the Bank deems advisable. This insurance coverage: coverage (ia) may, but need not, protect the Credit Parties’ interest Debtor’s interests in such property, including, but not limited to, including the Collateral; , and (iib) may not pay any claim made by, or against, the Credit Parties Debtor in connection with such property, including, but not limited to, including the Collateral. The Credit Parties Debtor may later cancel any such insurance purchased by Lenderthe Bank, but only after providing Lender the Bank with evidence that the Debtor has obtained the insurance coverage required by this Section is in forceSection. The If the Bank purchases insurance for the Collateral, the Debtor will be responsible for the costs of such insurance obtained by Lenderthat insurance, through and including the effective date such insurance coverage is canceled or expires, shall be payable on demand by the Credit Parties to Lender, together with interest at the Default Rate on such amounts until repaid and any other charges by Lender in connection that may be imposed with the placement of such the insurance, until the effective date of the cancellation or expiration of the insurance. The costs of such insurance, which the insurance may be greater added to the principal amount of the Loans owing hereunder. The costs of the insurance may be more than the cost of the insurance which the Credit Parties Debtor may be able to obtain on its own, together with interest thereon at the Default Rate and any other charges by Lender in connection with the placement of such insurance may be added to the total Obligations due and owing to the extent not paid by the Credit Parties.
Appears in 1 contract
Maintain Insurance. The Credit Parties’ Company and its subsidiaries shall at all times insure and keep insured with insurance companies reasonably acceptable to LenderBuyers, all insurable property owned by the Credit Parties Company and its subsidiaries, respectively and as applicable, which is of a character usually insured by companies similarly situated and operating like properties, against loss or damage from environmental, fire and such other hazards or risks as are customarily insured against by companies similarly situated and operating like properties; and shall similarly insure employers’, public and professional liability risks. Prior to the date of Closing Date, the funding of any Loans under this Agreement, Borrower Company shall deliver to Lender the Buyers a certificate setting forth in summary form the nature and extent of the insurance maintained pursuant to this Section. All such policies of insurance must be reasonably satisfactory to Lender Buyers in relation to the amount and term of the Obligations New Notes and type and value of the Collateral and assets Assets of the Credit PartiesCompany and its subsidiaries, shall identify Lender Buyers as sole/lender’s loss payee and as an additional insured. In the event the Credit Parties fail Company fails to provide Lender Buyers with evidence of the insurance coverage required by this Section or at any time hereafter shall fail to obtain or maintain any of the policies of insurance required above, or to pay any premium in whole or in part relating thereto, then Lenderthe Buyers, without waiving or releasing any obligation or default by Borrower the Company hereunder, may at any time (but shall be under no obligation to so act), obtain and maintain such policies of insurance and pay such premium and take any other action with respect thereto, which Lender deems Buyers deem advisable. This insurance coverage: (i) may, but need not, protect the Credit Parties’ Company’s interest in such property, including, but not limited to, the Collateral; and (ii) may not pay any claim made by, or against, the Credit Parties Company in connection with such property, including, but not limited to, the Collateral. The Credit Parties Company may later request that the Buyers cancel any such insurance purchased by LenderBuyers, but only after providing Lender Buyers with evidence that the insurance coverage required by this Section is in force. The costs of such insurance obtained by LenderBuyers, through and including the effective date such insurance coverage is canceled or expires, shall be payable on demand by the Credit Parties Company to LenderBuyers, together with interest at the Default Rate highest non-usurious rate permitted by law on such amounts until repaid and any other charges by Lender Buyers in connection with the placement of such insurance. The costs of such insurance, which may be greater than the cost of insurance which the Credit Parties Company may be able to obtain on its own, together with interest thereon at the Default Rate highest non-usurious rate permitted by Law and any other charges incurred by Lender Buyers in connection with the placement of such insurance may be added to the total Obligations due and owing by the Company hereunder and under the New Notes to the extent not paid by the Credit PartiesCompany.
Appears in 1 contract
Maintain Insurance. The Credit Parties’ Debtor shall at all times insure and keep insured maintain with insurance companies reasonably acceptable to Lender, all insurable property owned the Secured Party such insurance coverage as may be required by the Credit Parties which is of a character usually insured by companies similarly situated and operating like properties, against loss any law or damage from environmental, fire governmental regulation or court decree or order applicable to it and such other insurance, to such extent and against such hazards or risks as are customarily insured against by companies similarly situated and operating like properties; and shall similarly insure liabilities, including employers’, public and professional liability risks. Prior , as is customarily maintained by companies similarly situated, and shall have insured amounts no less than, and deductibles no higher than, are reasonably acceptable to the date of Secured Party; it being agreed that the funding of any Loans under this Agreement, Borrower Debtor’s current insurance policies are reasonably acceptable to the Secured Party. The Debtor shall deliver furnish to Lender the Secured Party a certificate setting forth in summary form reasonable detail the nature and extent of the all insurance maintained pursuant by the Debtor other than director’s and officer’s insurance policies. The Debtor shall cause each issuer of an insurance policy to this Section. All such policies of insurance must be satisfactory to Lender in relation to provide the amount and term of Secured Party with an endorsement (i) showing the Obligations and type and value of the Collateral and assets of the Credit Parties, shall identify Lender Secured Party as sole/lender’s loss payee and as an additional insuredinsured with respect to each policy of property or casualty insurance; and (ii) providing that thirty (30) days’ notice will be given to the Secured Party prior to any cancellation of, material reduction or change in coverage provided by or other material modification to such policy. In the event the Credit Parties fail Debtor either fails to provide Lender the Secured Party with evidence of the insurance coverage required by this Section or at any time hereafter shall fail to obtain or maintain any of the policies of insurance required above, or to pay any premium in whole or in part relating thereto, then Lenderthe Secured Party, without waiving or releasing any obligation or default by Borrower the Debtor hereunder, may at any time (but shall be under no obligation to so act), obtain and maintain such policies of insurance and pay such premium premiums and take any other action with respect thereto, which Lender the Secured Party deems advisable. This insurance coverage: coverage (ia) may, but need not, protect the Credit Parties’ interest Debtor’s interests in such property, including, but not limited to, including the Collateral; , and (iib) may not pay any claim made by, or against, the Credit Parties Debtor in connection with such property, including, but not limited to, including the Collateral. The Credit Parties Debtor may later cancel any such insurance purchased by Lenderthe Secured Party, but only after providing Lender the Secured Party with evidence that the Debtor has obtained the insurance coverage required by this Section is in forceSection. The If the Secured Party purchases insurance for the Collateral, the Debtor will be responsible for the costs of such insurance obtained by Lenderthat insurance, through and including the effective date such insurance coverage is canceled or expires, shall be payable on demand by the Credit Parties to Lender, together with interest at the Default Rate on such amounts until repaid and any other charges by Lender in connection that may be imposed with the placement of such the insurance, until the effective date of the cancellation or expiration of the insurance. The costs of such insurance, which the insurance may be greater added to the principal amount of the Loans owing hereunder. The costs of the insurance may be more than the cost of the insurance which the Credit Parties Debtor may be able to obtain on its own, together with interest thereon at the Default Rate and any other charges by Lender in connection with the placement of such insurance may be added to the total Obligations due and owing to the extent not paid by the Credit Parties.
Appears in 1 contract
Samples: Security Agreement (Lattice INC)
Maintain Insurance. The Credit Parties’ Borrower shall at all times insure and keep insured with in insurance companies acceptable to Lenderthe Bank, all insurable property owned by the Credit Parties it which is of a character usually insured by companies similarly situated and operating like properties, against loss or damage from environmental, fire and such other hazards or risks as are customarily insured against by companies similarly situated and operating like properties; and shall similarly insure employers’, ' public and professional liability risks. Prior to the date of the funding of any Loans under this Agreementthe Note, the Borrower shall deliver to Lender the Bank a certificate setting forth in summary form the nature and extent of the insurance maintained by the Borrower pursuant to this SectionSection 9. All such policies of insurance must be satisfactory to Lender the Bank in relation to the amount and term of the Obligations and type and value of the Collateral and assets of the Credit PartiesBorrower, shall identify Lender the Bank as sole/lender’s 's loss payee and as an additional insured. In the event the Credit Parties fail Borrower either fails to provide Lender the Bank with evidence of the insurance coverage required by this Section or at any time hereafter shall fail to obtain or maintain any of the policies of insurance required above, or to pay any premium in whole or in part relating thereto, then Lenderthe Bank, without waiving or releasing any obligation or default by the Borrower hereunder, may at any time (but shall be under no obligation to so act), obtain and maintain such policies of insurance and pay such premium and take any other action with respect thereto, which Lender the Bank deems advisable. This insurance coverage: coverage (i) may, but need not, protect the Credit Parties’ Borrower's interest in the such property, including, but not limited to, to the Collateral; Collateral and (ii) may not pay any claim made by, or against, the Credit Parties Borrower in connection with such property, including, but not limited to, to the Collateral. The Credit Parties Borrower may later cancel any such insurance purchased by Lenderthe Bank, but only after providing Lender the Bank with evidence that the Borrower has obtained the insurance coverage required by this Section is in forceSection. The costs of such insurance obtained by Lenderthe Bank, through and including the effective date such insurance coverage is canceled or expires, shall be payable on demand by the Credit Parties Borrower to Lenderthe Bank, together with interest at the Default Rate on such amounts until repaid and any other charges by Lender the Bank in connection with the placement of such insurance. The costs of such insurance, which may be greater than the cost of insurance which the Credit Parties Borrower may be able to obtain on its own, together with interest thereon at the Default Rate and any other charges by Lender the Bank in connection with the placement of such insurance may be added to the total Obligations due and owing to the extent not paid by the Credit Partiesowing.
Appears in 1 contract
Samples: Loan and Security Agreement (First Horizon Pharmaceutical Corp)
Maintain Insurance. The Credit Parties’ Borrower shall at all times insure and keep insured with in insurance companies acceptable to Lenderthe Bank, all insurable property owned by the Credit Parties it which is of a character usually insured by companies similarly situated and operating like properties, properties against loss or damage from environmental, fire and such other hazards or risks as are customarily insured against by companies similarly situated and operating like properties, in an amount of not less than full replacement cost, naming the Bank as Lender’s Loss Payee, and a commercial general liability policy in an amount not less than Ten Million and No/100 Dollars ($10,000,000.00) per occurrence and in the aggregate naming Lender as an Additional Insured; and shall similarly insure employers’, ’ public and professional liability risks. Prior to the date of the funding of any Loans under this Agreementthe Notes, the Borrower shall deliver to Lender the Bank a certificate setting forth in summary form the nature and extent of the insurance maintained by the Borrower pursuant to this SectionSection 9.4. In the event Borrower purchases any Equipment, real estate and/or fixtures subsequent to the date of this Agreement, Borrower shall, within thirty (30) days of said purchase, deliver to the Bank a certificate setting forth in summary form the nature and extent of the insurance maintained by the Borrower pursuant to this Section 9.4 with respect to said purchased Equipment, real estate and fixtures. All such policies of insurance must be satisfactory to Lender the Bank in relation to the amount and term of the Obligations and type and value of the Collateral and assets of the Credit PartiesBorrower, shall identify Lender the Bank as sole/lender’s loss payee and or mortgagee and/or as an additional insured, as applicable. In the event the Credit Parties fail Borrower either fails to provide Lender the Bank with evidence of the insurance coverage required by this Section or at any time hereafter shall fail to obtain or maintain any of the policies of insurance required above, or to pay any premium in whole or in part relating thereto, then Lenderthe Bank, without waiving or releasing any obligation or default by the Borrower hereunder, may at any time (but shall be under no obligation to so act), obtain and maintain such policies of insurance and pay such premium and take any other action with respect thereto, which Lender the Bank deems advisable. This insurance coverage: coverage (i) may, but need not, protect the Credit Parties’ Borrower’s interest in such property, including, but not limited to, to the Collateral; , and (ii) may not pay any claim made by, or against, the Credit Parties Borrower in connection with such property, including, but not limited to, to the Collateral. The Credit Parties Borrower may later cancel any such insurance purchased by Lenderthe Bank, but only after providing Lender the Bank with evidence that the Borrower has obtained the insurance coverage required by this Section is in force9.4. The costs of such insurance obtained by Lenderthe Bank, through and including the effective date such insurance coverage is canceled or expires, shall be payable on demand by the Credit Parties Borrower to Lenderthe Bank, together with interest at the Default Rate on such amounts until repaid and any other charges by Lender the Bank in connection with the placement of such insurance. The costs of such insurance, which may be greater than the cost of insurance which the Credit Parties Borrower may be able to obtain on its own, together with interest thereon at the Default Rate and any other charges by Lender the Bank in connection with the placement of such insurance may be added to the total Obligations due and owing to the extent not paid by the Credit Partiesowing.
Appears in 1 contract
Maintain Insurance. The Credit Parties’ Borrower shall, and shall cause each Subsidiary to, at all times insure and keep insured maintain, with insurance companies reasonably acceptable to Lenderthe Lender and each Secured Party, all insurable property owned such insurance coverage as may be required by the Credit Parties which is of a character usually insured by companies similarly situated and operating like properties, against loss any law or damage from environmental, fire governmental regulation or court decree or order applicable to it and such other insurance, to such extent and against such hazards or risks as are customarily insured against by companies similarly situated and operating like properties; and shall similarly insure liabilities, including employers’', public and professional liability risks. Prior , as is customarily maintained by companies similarly situated, and shall have insured amounts no less than, and deductibles no higher than, are reasonably acceptable to the date of Lender and the funding of any Loans under this AgreementSecured Parties. The Borrower shall, Borrower and shall deliver cause each Subsidiary to, furnish to the Lender and Secured Party Representative a certificate setting forth in summary form reasonable detail the nature and extent of the all insurance maintained pursuant to this Section. All such policies of insurance must by the Borrower and the Subsidiary, as applicable, which shall be satisfactory to Lender reasonably acceptable in relation all respects to the amount Lender and term each Secured Party. The Borrower shall, and shall cause each Subsidiary to, cause each issuer of an insurance policy to provide the Obligations Lender and type each Secured Party with an endorsement (a) showing the Lender and value of the Collateral and assets of the Credit Parties, shall identify Lender each Secured Party as sole/lender’s 's loss payee with respect to each policy of property or casualty insurance; and as an additional insured(b) providing that thirty (30) days notice will be given to the Lender and Secured Party Representative prior to any cancellation of, material reduction or change in coverage provided by or other material modification to such policy. In the event the Credit Parties fail Borrower or a Subsidiary either fails to provide the Lender and Secured Party Representative with evidence of the insurance coverage required by this Section or at any time hereafter shall fail to obtain or maintain any of the policies of insurance required above, or to pay any premium in whole or in part relating thereto, then Lenderthe Lender or any Secured Party, without waiving or releasing any obligation or default by the Borrower hereunder, may at any time (but shall be under no obligation to so act), obtain and maintain such policies of insurance and pay such premium premiums and take any other action with respect thereto, which the Lender and each Secured Party deems advisable. This insurance coverage: coverage (i) may, but need not, protect the Credit Parties’ interest Borrower’s or a Subsidiary’s interests in such property, including, but not limited to, the Collateral; and (ii) may not pay any claim made by, or against, the Credit Parties Borrower or a Subsidiary in connection with such property, including, but not limited to, the Collateral. The Credit Parties Borrower or a Subsidiary, as the case may be, may later cancel any such insurance purchased by Lenderthe Lender or any Secured Party, but only after providing the Lender and Secured Party Representative with evidence that the Borrower and each Subsidiary has obtained the insurance coverage required by this Section is Section. If the Lender or any Secured Party purchases such insurance, the Borrower will be responsible for the reasonable costs of that insurance, including interest and any other charges that may be imposed with the placement of the insurance, until the effective date of the cancellation or expiration of the insurance. The reasonable costs of the insurance may be added to the principal amount of the Term Note or the Post-Closing Cash (as defined in forcethe Acquisition Agreement), as the case may be. The costs of such the insurance obtained by Lender, through and including the effective date such insurance coverage is canceled or expires, shall be payable on demand by the Credit Parties to Lender, together with interest at the Default Rate on such amounts until repaid and any other charges by Lender in connection with the placement of such insurance. The costs of such insurance, which may be greater more than the cost of the insurance which the Credit Parties Borrower or any Subsidiary may be able to obtain on its own, together with interest thereon at the Default Rate and any other charges by Lender in connection with the placement of such insurance may be added to the total Obligations due and owing to the extent not paid by the Credit Parties.
Appears in 1 contract
Samples: Loan, Security and Pledge Agreement (DJSP Enterprises, Inc.)
Maintain Insurance. The Credit Parties’ Borrower shall at all times insure maintain, and keep insured cause any Subsidiary to maintain, with insurance companies reasonably acceptable to Lenderthe Bank, all insurable property owned such insurance coverage as may be required by the Credit Parties which is of a character usually insured by companies similarly situated and operating like properties, against loss any law or damage from environmental, fire governmental regulation or court decree or order applicable to it and such other insurance, to such extent and against such hazards or risks as are customarily insured against by companies similarly situated and operating like properties; and shall similarly insure liabilities, including employers’, public and professional liability risks. Prior , as is customarily maintained by companies similarly situated, and shall have insured amounts no less than, and deductibles no higher than, are reasonably acceptable to the date of the funding of any Loans under this Agreement, Bank. The Borrower shall deliver furnish to Lender the Bank a certificate setting forth in summary form reasonable detail the nature and extent of the all insurance maintained pursuant to this Section. All such policies of insurance must by the Borrower, which shall be satisfactory to Lender reasonably acceptable in relation all respects to the amount and term of the Obligations and type and value of the Collateral and assets of the Credit Parties, shall identify Lender as sole/lender’s loss payee and as an additional insuredBank. In the event the Credit Parties fail Borrower either fails to provide Lender the Bank with evidence of the insurance coverage required by this Section or at any time hereafter shall fail to obtain or maintain any of the policies of insurance required above, or to pay any premium in whole or in part relating thereto, then Lenderthe Bank, without waiving or releasing any obligation or default by the Borrower hereunder, may at any time (but shall be under no obligation to so act), obtain and maintain such policies of insurance and pay such premium premiums and take any other action with respect thereto, which Lender the Bank deems advisable. This insurance coverage: coverage (ia) may, but need not, protect the Credit Parties’ interest Borrower’s interests in such property, including, but not limited to, the Collateral; and (iib) may not pay any claim made by, or against, the Credit Parties Borrower in connection with such property, including, but not limited to, the Collateral. The Credit Parties Borrower may later cancel any such insurance purchased by Lenderthe Bank, but only after providing Lender the Bank with evidence that the Borrower has obtained the insurance coverage required by this Section is in forceSection. The If the Bank purchases such insurance, the Borrower will be responsible for the costs of such insurance obtained by Lenderthat insurance, through and including the effective date such insurance coverage is canceled or expires, shall be payable on demand by the Credit Parties to Lender, together with interest at the Default Rate on such amounts until repaid and any other charges by Lender in connection that may be imposed with the placement of such the insurance, until the effective date of the cancellation or expiration of the insurance. The costs of such insurance, which the insurance may be greater added to the principal amount of the Loans owing hereunder. The costs of the insurance may be more than the cost of the insurance which the Credit Parties Borrower may be able to obtain on its own, together with interest thereon at the Default Rate and any other charges by Lender in connection with the placement of such insurance may be added to the total Obligations due and owing to the extent not paid by the Credit Parties.
Appears in 1 contract
Samples: Loan Agreement (Koss Corp)
Maintain Insurance. The Credit Parties’ Borrower shall at all times insure maintain, and keep insured cause each Subsidiary to maintain, with insurance companies reasonably acceptable to Lenderthe Bank, all insurable property owned such insurance coverage as may be required by the Credit Parties which is of a character usually insured by companies similarly situated and operating like properties, against loss any law or damage from environmental, fire governmental regulation or court decree or order applicable to it and such other insurance, to such extent and against such hazards or risks as are customarily insured against by companies similarly situated and operating like properties; and shall similarly insure liabilities, including employers’', public and professional liability risks. Prior , as is customarily maintained by companies similarly situated, and shall have insured amounts no less than, and deductibles no higher than, are reasonably acceptable to the date of the funding of any Loans under this Agreement, Bank. The Borrower shall deliver furnish to Lender the Bank a certificate setting forth in summary form reasonable detail the nature and extent of the all insurance maintained pursuant by the Borrower, which shall be reasonably acceptable in all respects to this Sectionthe Bank. All The Borrower shall cause each issuer of an insurance policy to provide the Bank with an endorsement (i) showing the Bank as loss payee with respect to each policy of property or casualty insurance; and (ii) providing that thirty (30) days notice will be given to the Bank prior to any cancellation of, material reduction or change in coverage provided by or other material modification to such policies of insurance must be policy. The Borrower shall execute and deliver to the Bank a collateral assignment, in form and substance satisfactory to Lender in relation to the amount and term Bank, of each business interruption insurance policy maintained by the Obligations and type and value of the Collateral and assets of the Credit Parties, shall identify Lender as sole/lender’s loss payee and as an additional insuredBorrower. In the event the Credit Parties fail Borrower either fails to provide Lender the Bank with evidence of the insurance coverage required by this Section or at any time hereafter shall fail to obtain or maintain any of the policies of insurance required above, or to pay any premium in whole or in part relating thereto, then Lenderthe Bank, without waiving or releasing any obligation or default by the Borrower hereunder, may at any time (but shall be under no obligation to so act), obtain and maintain such policies of insurance and pay such premium premiums and take any other action with respect thereto, which Lender the Bank deems advisable. This insurance coverage: coverage (ia) may, but need not, protect the Credit Parties’ interest Borrower's interests in such property, including, but not limited to, including the Collateral; , and (iib) may not pay any claim made by, or against, the Credit Parties Borrower in connection with such property, including, but not limited to, including the Collateral. The Credit Parties Borrower may later cancel any such insurance purchased by Lenderthe Bank, but only after providing Lender the Bank with evidence that the Borrower has obtained the insurance coverage required by this Section is in forceSection. The If the Bank purchases insurance for the Collateral, the Borrower will be responsible for the costs of such insurance obtained by Lenderthat insurance, through and including the effective date such insurance coverage is canceled or expires, shall be payable on demand by the Credit Parties to Lender, together with interest at the Default Rate on such amounts until repaid and any other charges by Lender in connection that may be imposed with the placement of such the insurance, until the effective date of the cancellation or expiration of the insurance. The costs of such insurance, which the insurance may be greater added to the principal amount of the Loans owing hereunder. The costs of the insurance may be more than the cost of the insurance which the Credit Parties Borrower may be able to obtain on its own, together with interest thereon at the Default Rate and any other charges by Lender in connection with the placement of such insurance may be added to the total Obligations due and owing to the extent not paid by the Credit Parties.
Appears in 1 contract
Samples: Loan and Security Agreement (Rockwell Medical Technologies Inc)
Maintain Insurance. The Credit Parties’ Borrower shall, and shall cause each Subsidiary to, at all times insure and keep insured maintain, with insurance companies reasonably acceptable to each Lender, all insurable property owned such insurance coverage as may be required by the Credit Parties which is of a character usually insured by companies similarly situated and operating like properties, against loss any law or damage from environmental, fire governmental regulation or court decree or order applicable to it and such other insurance, to such extent and against such hazards or risks as are customarily insured against by companies similarly situated and operating like properties; and shall similarly insure liabilities, including employers’, public and professional liability risks. Prior , as is customarily maintained by companies similarly situated, and shall have insured amounts no less than, and deductibles no higher than, are reasonably acceptable to the date of Lenders. The Borrower shall, and shall cause each Subsidiary to, furnish to the funding of any Loans under this Agreement, Borrower shall deliver to Lender Lenders and Secured Party Representative a certificate setting forth in summary form reasonable detail the nature and extent of the all insurance maintained pursuant by the Borrower and the Subsidiary, as applicable, which shall be reasonably acceptable in all respects to this Sectioneach Lender. All such policies The Borrower shall, and shall cause each Subsidiary to, cause each issuer of an insurance must be satisfactory policy to provide each Lender in relation to with an endorsement (a) showing each Lender and the amount and term of the Obligations and type and value of the Collateral and assets of the Credit Parties, shall identify Lender Secured Party Representative as sole/lender’s loss payee with respect to each policy of property or casualty insurance; (b) showing each Lender and the Secured Party Representative as an additional insuredinsured with respect to each liability insurance policy; and (c) providing that thirty (30) days notice will be given to the Secured Party Representative prior to any cancellation of, material reduction or change in coverage provided by or other material modification to such policy. In the event the Credit Parties fail Borrower or a Subsidiary either fails to provide Lender the Lenders and Secured Party Representative with evidence of the insurance coverage required by this Section or at any time hereafter shall fail to obtain or maintain any of the policies of insurance required above, or to pay any premium in whole or in part relating thereto, then any Lender, without waiving or releasing any obligation or default by the Borrower hereunder, may at any time (but shall be under no obligation to so act), obtain and maintain such policies of insurance and pay such premium premiums and take any other action with respect thereto, which each Lender deems advisable. This insurance coverage: coverage (i) may, but need not, protect the Credit Parties’ interest Borrower’s or a Subsidiary’s interests in such property, including, but not limited to, the Collateral; and (ii) may not pay any claim made by, or against, the Credit Parties Borrower or a Subsidiary in connection with such property, including, but not limited to, the Collateral. The Credit Parties Borrower or a Subsidiary, as the case may be, may later cancel any such insurance purchased by any Lender, but only after providing Lender the Lenders and Secured Party Representative with evidence that the Borrower and each Subsidiary has obtained the insurance coverage required by this Section is in forceSection. If any Lender purchases such insurance, the Borrower will be responsible for the reasonable costs of that insurance, including interest and any other charges that may be imposed with the placement of the insurance, until the effective date of the cancellation or expiration of the insurance. The reasonable costs of the insurance may be added to the principal amount of the Term Notes. The costs of such the insurance obtained by Lender, through and including the effective date such insurance coverage is canceled or expires, shall be payable on demand by the Credit Parties to Lender, together with interest at the Default Rate on such amounts until repaid and any other charges by Lender in connection with the placement of such insurance. The costs of such insurance, which may be greater more than the cost of the insurance which the Credit Parties Borrower or any Subsidiary may be able to obtain on its own, together with interest thereon at the Default Rate and any other charges by Lender in connection with the placement of such insurance may be added to the total Obligations due and owing to the extent not paid by the Credit Parties.
Appears in 1 contract
Samples: Senior Loan, Security and Pledge Agreement (DJSP Enterprises, Inc.)
Maintain Insurance. The Credit Parties’ Company shall at all times insure and keep insured with insurance companies acceptable to LenderBuyer, all insurable property owned by the Credit Parties Company which is of a character usually insured by companies similarly situated and operating like properties, against loss or damage from environmental, fire and such other hazards or risks as are customarily insured against by companies similarly situated and operating like properties; and shall similarly insure employers’, public and professional liability risks. Prior to the date of Effective Date, the funding of any Loans under this Agreement, Borrower Company shall deliver to Lender the Buyer a certificate setting forth in summary form the nature and extent of the insurance maintained pursuant to this Section. All such policies of insurance must be satisfactory to Lender Buyer in relation to the amount and term of the Obligations Debenture and type and value of the Collateral and assets Assets of the Credit PartiesCompany, shall identify Lender Buyer as sole/lender’s loss payee and as an additional insured. In the event the Credit Parties fail Company fails to provide Lender Buyer with evidence of the insurance coverage required by this Section or at any time hereafter shall fail to obtain or maintain any of the policies of insurance required above, or to pay any premium in whole or in part relating thereto, then Lenderthe Buyer, without waiving or releasing any obligation or default by Borrower the Company hereunder, may at any time (but shall be under no obligation to so act), obtain and maintain such policies of insurance and pay such premium and take any other action with respect thereto, which Lender Buyer deems advisable. This insurance coverage: (i) may, but need not, protect the Credit Parties’ Company’s interest in such property, including, but not limited to, the Collateral; and (ii) may not pay any claim made by, or against, the Credit Parties Company in connection with such property, including, but not limited to, the Collateral. The Credit Parties Company may later request that the Buyer cancel any such insurance purchased by LenderBuyer, but only after providing Lender Buyer with evidence that the insurance coverage required by this Section is in force. The costs of such insurance obtained by LenderBuyer, through and including the effective date such insurance coverage is canceled or expires, shall be payable on demand by the Credit Parties Company to LenderBuyer, together with interest at the Default Rate highest non-usurious rate permitted by law on such amounts until repaid and any other charges by Lender Buyer in connection with the placement of such insurance. The costs of such insurance, which may be greater than the cost of insurance which the Credit Parties Company may be able to obtain on its own, together with interest thereon at the Default Rate highest non-usurious rate permitted by Law and any other charges incurred by Lender Buyer in connection with the placement of such insurance may be added to the total Obligations due and owing by the Company hereunder and under the Debenture to the extent not paid by the Credit PartiesCompany.
Appears in 1 contract
Maintain Insurance. The Credit Parties’ Each Borrower shall, and each Borrower shall cause any of its Subsidiaries to, at all times insure and keep insured with insurance companies reasonably acceptable to Lender, all insurable property owned by the Credit Parties each Borrower which is of a character usually insured by companies similarly situated and operating like properties, against loss or damage from environmental, fire and such other hazards or risks as are customarily insured against by companies similarly situated and operating like properties; and shall similarly insure employers’, public and professional liability risks. Prior to the date of the funding of any Loans under this Agreement, each Borrower shall deliver to Lender a certificate setting forth in summary form the nature and extent of the insurance maintained pursuant to this Section. All such policies of insurance must be satisfactory to Lender in relation to the amount and term of the Obligations and type and value of the Collateral and assets of the Credit Partieseach Borrower, shall identify Lender as sole/lender’s loss payee and as an additional insured. In the event the Credit Parties any Borrower fail to provide Lender with evidence of the insurance coverage required by this Section or at any time hereafter shall fail to obtain or maintain any of the policies of insurance required above, or to pay any premium in whole or in part relating thereto, then Lender, without waiving or releasing any obligation or default by any Borrower hereunder, may at any time (but shall be under no obligation to so act), obtain and maintain such policies of insurance and pay such premium and take any other action with respect thereto, which Lender deems advisable. This insurance coverage: (i) may, but need not, protect the Credit Parties’ any Borrower’s interest in such property, including, but not limited to, the Collateral; and (ii) may not pay any claim made by, or against, the Credit Parties any Borrower in connection with such property, including, but not limited to, the Collateral. The Credit Parties Any Borrower may later cancel any such insurance purchased by Lender, but only after providing Lender with evidence that the insurance coverage required by this Section is in force. The costs of such insurance obtained by Lender, through and including the effective date such insurance coverage is canceled or expires, shall be payable on demand by the Credit Parties Borrowers to Lender, together with interest at the Default Rate on such amounts until repaid and any other charges by Lender in connection with the placement of such insurance. The costs of such insurance, which may be greater than the cost of insurance which the Credit Parties any Borrower may be able to obtain on its own, together with interest thereon at the Default Rate and any other charges by Lender in connection with the placement of such insurance may be added to the total Obligations due and owing to the extent not paid by the Credit Partiesany applicable Borrower.
Appears in 1 contract
Samples: Credit Agreement (Dr. Tattoff, Inc.)
Maintain Insurance. The Credit Parties’ Each Borrower shall at all times insure and keep insured with insurance companies acceptable to Lender, all insurable property owned by the Credit Parties each Borrower which is of a character usually insured by companies similarly situated and operating like properties, against loss or damage from environmental, fire and such other hazards or risks as are customarily insured against by companies similarly situated and operating like properties; and shall similarly insure employers’, public and professional liability risks. Prior to Within ten (10) calendar days after the date of the funding of any Loans under this AgreementClosing Date, each Borrower shall deliver to Lender a certificate setting forth in summary form the nature and extent of the insurance maintained pursuant to this Section. All such policies of insurance must be satisfactory to Lender in relation to the amount and term of the Obligations and type and value of the Collateral and assets of the Credit Partieseach Borrower, shall identify Lender as sole/lender’s loss payee and as an additional insured. In the event the Credit Parties any Borrower fail to provide Lender with evidence of the insurance coverage required by this Section or at any time hereafter shall fail to obtain or maintain any of the policies of insurance required above, or to pay any premium in whole or in part relating thereto, then Lender, without waiving or releasing any obligation or default by any Borrower hereunder, may at any time (but shall be under no obligation to so act), obtain and maintain such policies of insurance and pay such premium and take any other action with respect thereto, which Lender deems advisable. This insurance coverage: (i) may, but need not, protect the Credit Parties’ any Borrower’s interest in such property, including, but not limited to, the Collateral; and (ii) may not pay any claim made by, or against, the Credit Parties any Borrower in connection with such property, including, but not limited to, the Collateral. The Credit Parties Any Borrower may later cancel any such insurance purchased by Lender, but only after providing Lender with evidence that the insurance coverage required by this Section is in force. The costs of such insurance obtained by Lender, through and including the effective date such insurance coverage is canceled or expires, shall be payable on demand by the Credit Parties Borrowers to Lender, together with interest at the Default Rate on such amounts until repaid and any other charges by Lender in connection with the placement of such insurance. The costs of such insurance, which may be greater than the cost of insurance which the Credit Parties any Borrower may be able to obtain on its own, together with interest thereon at the Default Rate and any other charges by Lender in connection with the placement of such insurance may be added to the total Obligations due and owing to the extent not paid by the Credit Partiesany applicable Borrower.
Appears in 1 contract
Maintain Insurance. The Credit Parties’ Company and its subsidiaries shall at all times insure and keep insured with insurance companies acceptable to LenderBuyer, all insurable property owned by the Credit Parties Company and its subsidiaries, respectively and as applicable, which is of a character usually insured by companies similarly situated and operating like properties, against loss or damage from environmental, fire and such other hazards or risks as are customarily insured against by companies similarly situated and operating like properties; and shall similarly insure employers’, public and professional liability risks. Prior to the date of Closing Date, the funding of any Loans under this Agreement, Borrower Company shall deliver to Lender the Buyer a certificate setting forth in summary form the nature and extent of the insurance maintained pursuant to this Section. All such policies of insurance must be satisfactory to Lender Buyer in relation to the amount and term of the Obligations Debentures and type and value of the Collateral and assets Assets of the Credit PartiesCompany and the assets and properties of its subsidiaries, shall identify Lender Buyer as sole/lender’s loss payee and as an additional insured. In the event the Credit Parties fail Company fails to provide Lender Buyer with evidence of the insurance coverage required by this Section or at any time hereafter shall fail to obtain or maintain any of the policies of insurance required above, or to pay any premium in whole or in part relating thereto, then Lenderthe Buyer, without waiving or releasing any obligation or default by Borrower the Company hereunder, may at any time (but shall be under no obligation to so act), obtain and maintain such policies of insurance and pay such premium and take any other action with respect thereto, which Lender Buyer deems advisable. This insurance coverage: (i) may, but need not, protect the Credit Parties’ Company’s interest in such property, including, but not limited to, the Collateral; and (ii) may not pay any claim made by, or against, the Credit Parties Company in connection with such property, including, but not limited to, the Collateral. The Credit Parties Company may later request that the Buyer cancel any such insurance purchased by LenderBuyer, but only after providing Lender Buyer with evidence that the insurance coverage required by this Section is in force. The costs of such insurance obtained by LenderBuyer, through and including the effective date such insurance coverage is canceled or expires, shall be payable on demand by the Credit Parties Company to LenderBuyer, together with interest at the Default Rate highest non-usurious rate permitted by law on such amounts until repaid and any other charges by Lender Buyer in connection with the placement of such insurance. The costs of such insurance, which may be greater than the cost of insurance which the Credit Parties Company may be able to obtain on its own, together with interest thereon at the Default Rate highest non-usurious rate permitted by Law and any other charges incurred by Lender Buyer in connection with the placement of such insurance may be added to the total Obligations due and owing by the Company hereunder and under the Debentures to the extent not paid by the Credit PartiesCompany.”
Appears in 1 contract
Samples: Securities Purchase Agreement (Dynamic Ventures Corp.)
Maintain Insurance. The Credit Parties’ Borrower shall at all times insure maintain, and keep insured cause each Subsidiary to maintain, with insurance companies reasonably acceptable to Lenderthe Bank, all insurable property owned such insurance coverage as may be required by the Credit Parties which is of a character usually insured by companies similarly situated and operating like properties, against loss any law or damage from environmental, fire governmental regulation or court decree or order applicable to it and such other insurance, to such extent and in such amounts and against such hazards or risks as are customarily insured against by companies similarly situated and operating like properties; and shall similarly insure liabilities, including employers’, public and professional liability risks, as is customarily maintained by companies similarly situated. Prior The Borrower shall furnish to the date of the funding of any Loans under this Agreement, Borrower shall deliver to Lender Bank a certificate setting forth in summary form reasonable detail the nature and extent of the all insurance maintained pursuant to this Section. All such policies of insurance must by the Borrower, which shall be satisfactory to Lender reasonably acceptable in relation all respects to the amount and term Bank. The Borrower shall cause each issuer of an insurance policy to provide the Obligations and type and value of Bank with an endorsement (i) showing the Collateral and assets of the Credit Parties, shall identify Lender Bank as sole/lender’s loss payee with respect to each policy of property or casualty insurance; and as an additional insured(ii) providing that thirty (30) days notice will be given to the Bank prior to any cancellation of, material reduction or change in coverage provided by or other material modification to such policy. The Borrower shall execute and deliver to the Bank a collateral assignment, in form and substance satisfactory to the Bank, of each business interruption insurance policy maintained by the Borrower. In the event the Credit Parties fail Borrower either fails to provide Lender the Bank with evidence of the insurance coverage required by this Section or at any time hereafter shall fail to obtain or maintain any of the policies of insurance required above, or to pay any premium in whole or in part relating thereto, then Lenderthe Bank, without waiving or releasing any obligation or default by the Borrower hereunder, may at any time (but shall be under no obligation to so act), obtain and maintain such policies of insurance and pay such premium premiums and take any other action with respect thereto, which Lender the Bank deems advisable. This insurance coverage: coverage (ia) may, but need not, protect the Credit Parties’ interest Borrower’s interests in such property, including, but not limited to, including the Collateral; , and (iib) may not pay any claim made by, or against, the Credit Parties Borrower in connection with such property, including, but not limited to, including the Collateral. The Credit Parties Borrower may later cancel any such insurance purchased by Lenderthe Bank, but only after providing Lender the Bank with evidence that the Borrower has obtained the insurance coverage required by this Section is in forceSection. The If the Bank purchases insurance for the Collateral, the Borrower will be responsible for the costs of such insurance obtained by Lenderthat insurance, through and including the effective date such insurance coverage is canceled or expires, shall be payable on demand by the Credit Parties to Lender, together with interest at the Default Rate on such amounts until repaid and any other charges by Lender in connection that may be imposed with the placement of such the insurance, until the effective date of the cancellation or expiration of the insurance. The costs of such insurance, which the insurance may be greater added to the principal amount of the Loans owing hereunder. The costs of the insurance may be more than the cost of the insurance which the Credit Parties Borrower may be able to obtain on its own, together with interest thereon at the Default Rate and any other charges by Lender in connection with the placement of such insurance may be added to the total Obligations due and owing to the extent not paid by the Credit Parties.
Appears in 1 contract
Samples: Loan and Security Agreement (Parlux Fragrances Inc)
Maintain Insurance. The Credit Parties’ Borrower shall at all times insure maintain, and keep insured cause each Subsidiary to maintain, with insurance companies reasonably acceptable to Lenderthe Bank, all insurable property owned such insurance coverage as may be required by the Credit Parties which is of a character usually insured by companies similarly situated and operating like properties, against loss any law or damage from environmental, fire governmental regulation or court decree or order applicable to it and such other insurance, to such extent and against such hazards or risks as are customarily insured against by companies similarly situated and operating like properties; and shall similarly insure liabilities, including (without limitation) employers’, public and professional liability risks. Prior , as is customarily maintained by companies similarly situated, and shall have insured amounts no less than, and deductibles no higher than, are reasonably acceptable to the date of Bank. Solely with respect to any Acquisition Transaction that produces insurable After-Acquired Collateral, the funding of any Loans under this Agreement, Borrower shall deliver (a) cause each issuer of an insurance policy thereof to Lender a certificate setting forth in summary form provide the nature and extent of Bank with an endorsement (i) showing the insurance maintained pursuant to this Section. All such policies of insurance must be satisfactory to Lender in relation to the amount and term of the Obligations and type and value of the Collateral and assets of the Credit Parties, shall identify Lender Bank as sole/lender’s loss payee with respect to each policy of property or casualty insurance and as an additional insured(ii) providing that ten (10) days' notice will be given to the Bank prior to any cancellation of, material reduction or change in coverage provided by or other material modification to such policy, and (b) execute and deliver to the Bank a collateral assignment, in form and substance satisfactory to the Bank, of each business interruption insurance policy maintained by the Borrower. In the event the Credit Parties fail Borrower either fails to provide Lender the Bank with evidence of the insurance coverage required by this Section or at any time hereafter shall fail to obtain or maintain any of the policies of insurance required above, or to pay any premium in whole or in part relating thereto, then Lenderthe Bank, without waiving or releasing any obligation or default by the Borrower hereunder, may at any time (but shall be under no obligation to so act), obtain and maintain such policies of insurance and pay such premium premiums and take any other action with respect thereto, which Lender the Bank deems advisable. This insurance coverage: coverage (ia) may, but need not, protect the Credit Parties’ interest Borrower’s interests in such property, including, but not limited to, including the Collateral; , and (iib) may not pay any claim made by, or against, the Credit Parties Borrower in connection with such property, including, but not limited to, including the Collateral. The Credit Parties Borrower may later cancel any such insurance purchased by Lenderthe Bank, but only after providing Lender the Bank with evidence that the Borrower has obtained the insurance coverage required by this Section is in forceSection. The If the Bank purchases insurance for the Collateral, the Borrower will be responsible for the costs of such insurance obtained by Lenderthat insurance, through and including the effective date such insurance coverage is canceled or expires, shall be payable on demand by the Credit Parties to Lender, together with interest at the Default Rate on such amounts until repaid and any other charges by Lender in connection that may be imposed with the placement of such the insurance, until the effective date of the cancellation or expiration of the insurance. The costs of such insurance, which the insurance may be greater added to the principal amount of the Loans owing hereunder. The costs of the insurance may be more than the cost of the insurance which the Credit Parties Borrower may be able to obtain on its own, together with interest thereon at the Default Rate and any other charges by Lender in connection with the placement of such insurance may be added to the total Obligations due and owing to the extent not paid by the Credit Parties.
Appears in 1 contract
Maintain Insurance. The Credit Parties’ Borrower shall at all times insure maintain, and keep insured cause each Subsidiary to maintain, with insurance companies reasonably acceptable to Lenderthe Bank, all insurable property owned such insurance coverage as may be required by the Credit Parties which is of a character usually insured by companies similarly situated and operating like properties, against loss any law or damage from environmental, fire governmental regulation or court decree or order applicable to it and such other insurance, to such extent and against such hazards or risks as are customarily insured against by companies similarly situated and operating like properties; and shall similarly insure liabilities, including employers’, public and professional liability risks. Prior , as is customarily maintained by companies similarly situated, and shall have insured amounts no less than, and deductibles no higher than, are reasonably acceptable to the date of the funding of any Loans under this Agreement, Bank. The Borrower shall deliver furnish to Lender the Bank a certificate setting forth in summary form reasonable detail the nature and extent of the all insurance maintained pursuant to this Section. All such policies of insurance must by the Borrower, which shall be satisfactory to Lender reasonably acceptable in relation all respects to the amount and term Bank. The Borrower shall cause each issuer of an insurance policy to provide the Obligations and type and value of Bank with an endorsement (i) showing the Collateral and assets of the Credit Parties, shall identify Lender Bank as sole/lender’s loss payee with respect to each policy of property or casualty insurance and naming the Bank as an additional insuredinsured with respect to each policy of liability insurance; and (ii) providing that thirty (30) days notice will be given to the Bank prior to any cancellation of, material reduction or change in coverage provided by or other material modification to such policy. The Borrower shall execute and deliver to the Bank a collateral assignment, in form and substance satisfactory to the Bank, of each business interruption insurance policy maintained by the Borrower. In the event the Credit Parties fail Borrower either fails to provide Lender the Bank with evidence of the insurance coverage required by this Section or at any time hereafter shall fail to obtain or maintain any of the policies of insurance required above, or to pay any premium in whole or in part relating thereto, then Lenderthe Bank, without waiving or releasing any obligation or default by the Borrower hereunder, may at any time (but shall be under no obligation to so act), obtain and maintain such policies of insurance and pay such premium premiums and take any other action with respect thereto, which Lender the Bank deems advisable. This insurance coverage: coverage (ia) may, but need not, protect the Credit Parties’ interest Borrower’s interests in such property, including, but not limited to, including the Collateral; , and (iib) may not pay any claim made by, or against, the Credit Parties Borrower in connection with such property, including, but not limited to, including the Collateral. The Credit Parties Borrower may later cancel any such insurance purchased by Lenderthe Bank, but only after providing Lender the Bank with evidence that the Borrower has obtained the insurance coverage required by this Section is in forceSection. The If the Bank purchases insurance for the Collateral, the Borrower will be responsible for the costs of such insurance obtained by Lenderthat insurance, through and including the effective date such insurance coverage is canceled or expires, shall be payable on demand by the Credit Parties to Lender, together with interest at the Default Rate on such amounts until repaid and any other charges by Lender in connection that may be imposed with the placement of such the insurance, until the effective date of the cancellation or expiration of the insurance. The costs of such insurance, which the insurance may be greater added to the principal amount of the Loans owing hereunder. The costs of the insurance may be more than the cost of the insurance which the Credit Parties Borrower may be able to obtain on its own, together with interest thereon at the Default Rate and any other charges by Lender in connection with the placement of such insurance may be added to the total Obligations due and owing to the extent not paid by the Credit Parties.
Appears in 1 contract
Samples: Loan Agreement (Cti Industries Corp)
Maintain Insurance. The Credit Parties’ Borrower shall at all times insure maintain, and keep insured cause each Subsidiary to maintain, with Borrower’s current insurers or such other insurance companies reasonably acceptable to Lenderthe Bank, all insurable property owned such insurance coverage as may be required by the Credit Parties which is of a character usually insured by companies similarly situated and operating like properties, against loss any law or damage from environmental, fire governmental regulation or court decree or order applicable to it and such other hazards or risks as are customarily insured against by companies similarly situated and operating like properties; insurance, and shall similarly insure employers’have insured amounts no less than, public and professional liability risksdeductibles no higher than, the amounts set forth on Schedule 8.6 attached hereto. Prior The consent of the Bank to different insured amounts or deductibles by email shall be binding on the Bank. The Borrower shall furnish to the date of the funding of any Loans under this Agreement, Borrower shall deliver to Lender Bank a certificate setting forth in summary form reasonable detail the nature and extent of the all insurance maintained pursuant to this Section. All such policies of insurance must by the Borrower, which shall be satisfactory to Lender reasonably acceptable in relation all respects to the amount and term Bank. The consent of the Obligations and type and value Bank by email shall be valid. The Borrower shall cause each issuer of an insurance policy to provide the Collateral and assets of Bank with an endorsement (i) showing the Credit Parties, shall identify Lender Bank as sole/lender’s loss payee with respect to each policy of property or casualty insurance; and as an additional insured(ii) providing that thirty (30) days notice will be given to the Bank prior to any cancellation of, material reduction or change in coverage provided by or other material modification to such policy. The Borrower shall execute and deliver to the Bank a collateral assignment, in form and substance satisfactory to the Bank, of each business interruption insurance policy maintained by the Borrower. In the event the Credit Parties fail Borrower either fails to provide Lender the Bank with evidence of the insurance coverage required by this Section or at any time hereafter shall fail to obtain or maintain any of the policies of insurance required above, or to pay any premium in whole or in part relating thereto, then Lenderthe Bank, without waiving or releasing any obligation or default by the Borrower hereunder, may at any time (but shall be under no obligation to so act), obtain and maintain such policies of insurance and pay such premium premiums and take any other action with respect thereto, which Lender the Bank deems advisable. This insurance coverage: coverage (ia) may, but need not, protect the Credit Parties’ interest Borrower’s interests in such property, including, but not limited to, including the Collateral; , and (iib) may not pay any claim made by, or against, the Credit Parties Borrower in connection with such property, including, but not limited to, including the Collateral. The Credit Parties Borrower may later cancel any such insurance purchased by Lenderthe Bank, but only after providing Lender the Bank with evidence that the Borrower has obtained the insurance coverage required by this Section is in forceSection. The If the Bank purchases insurance for the Collateral, the Borrower will be responsible for the costs of such insurance obtained by Lenderthat insurance, through and including the effective date such insurance coverage is canceled or expires, shall be payable on demand by the Credit Parties to Lender, together with interest at the Default Rate on such amounts until repaid and any other charges by Lender in connection that may be imposed with the placement of such the insurance, until the effective date of the cancellation or expiration of the insurance. The costs of such insurance, which the insurance may be greater added to the principal amount of the Loans owing hereunder. The costs of the insurance may be more than the cost of the insurance which the Credit Parties Borrower may be able to obtain on its own, together with interest thereon at the Default Rate and any other charges by Lender in connection with the placement of such insurance may be added to the total Obligations due and owing to the extent not paid by the Credit Parties.
Appears in 1 contract
Samples: Loan and Security Agreement (Argyle Security, Inc.)
Maintain Insurance. The Credit Parties’ Borrower shall at all times insure maintain , and keep insured cause each Subsidiary to maintain , with insurance companies reasonably acceptable to Lenderthe Bank, all insurable property owned such insurance coverage as may be required by the Credit Parties which any law or governmental regulation or court decree or order applicable to it and such other insurance as is of a character usually insured customarily maintained by companies similarly situated and operating like properties, against loss or damage from environmental, fire and such other hazards or risks as are customarily insured against by companies similarly situated and operating like properties; and situated. The Borrower shall similarly insure employers’, public and professional liability risks. Prior furnish to the date of the funding of any Loans under this Agreement, Borrower shall deliver to Lender Bank a certificate setting forth in summary form reasonable detail the nature and extent of the all insurance maintained pursuant to this Section. All such policies of insurance must by the Borrower, which shall be satisfactory to Lender reasonably acceptable in relation all respects to the amount and term Bank. The Borrower shall cause each issuer of an insurance policy to provide the Obligations and type and value of Bank with an endorsement (i) showing the Collateral and assets of the Credit Parties, shall identify Lender Bank as sole/lender’s loss payee with respect to each policy of property or casualty insurance; and (ii) providing that thirty (30) days notice will be given to the Bank prior to any cancellation of, material reduction or change in coverage provided by or other material modification to such policy. The Borrower shall provide the Bank with an endorsement showing the Bank as an additional insuredlender’s loss payee on any business interruption insurance policy maintained by the Borrower. In the event the Credit Parties fail Borrower either fails to provide Lender the Bank with evidence of the insurance coverage required by this Section or at any time hereafter shall fail to obtain or maintain any of the policies of insurance required above, or to pay any premium in whole or in part relating thereto, then Lenderthe Bank, without waiving or releasing any obligation or default by the Borrower hereunder, may at any time (but shall be under no obligation to so act), obtain and maintain such policies of insurance and pay such premium premiums and take any other action with respect thereto, which Lender the Bank deems advisable. This insurance coverage: coverage (ia) may, but need not, protect the Credit Parties’ interest Borrower’s interests in such property, including, but not limited to, including the Collateral; , and (iib) may not pay any claim made by, or against, the Credit Parties Borrower in connection with such property, including, but not limited to, including the Collateral. The Credit Parties Borrower may later cancel any such insurance purchased by Lenderthe Bank, but only after providing Lender the Bank with evidence that the Borrower has obtained the insurance coverage required by this Section is in forceSection. The If the Bank purchases insurance for the Collateral, the Borrower will be responsible for the costs of such insurance obtained by Lenderthat insurance, through and including the effective date such insurance coverage is canceled or expires, shall be payable on demand by the Credit Parties to Lender, together with interest at the Default Rate on such amounts until repaid and any other charges by Lender in connection that may be imposed with the placement of such the insurance, until the effective date of the cancellation or expiration of the insurance. The costs of such insurance, which the insurance may be greater added to the principal amount of the Loans owing hereunder. The costs of the insurance may be more than the cost of the insurance which the Credit Parties Borrower may be able to obtain on its own, together with interest thereon at the Default Rate and any other charges by Lender in connection with the placement of such insurance may be added to the total Obligations due and owing to the extent not paid by the Credit Parties.
Appears in 1 contract
Samples: Loan and Security Agreement (Primoris Services CORP)
Maintain Insurance. The Credit Parties’ Borrower shall at all times insure insure, cause to be insured, and keep insured with by insurance companies reasonably acceptable to Lenderthe Bank, all insurable property owned by the Credit Parties Borrower which is of a character usually insured by companies similarly situated and operating like properties, against loss or damage from environmental, fire and such other hazards or risks as are customarily insured against by companies similarly situated and operating like properties; and shall similarly insure employers’', public and professional liability risks. Prior , and, with respect to the date Real Property, ensure that coverage is in place in an amount sufficient to replace the Real Property in accordance with the appraisal performed in conjunction with this Loan and with a maximum deductible of $25,000 per incident. At least three (3) days prior to the funding of any Loans under this AgreementClosing Date, the Borrower shall deliver to Lender the Bank a certificate setting forth in summary form the nature and extent of the insurance maintained by the Borrower pursuant to this SectionSection 9.4. All such policies of insurance must be reasonably satisfactory to Lender the Bank in relation to the insurance provided, amount and term of the Obligations and type and value of the Collateral and assets of the Credit Parties, Borrower and all policies shall identify Lender the Bank as sole/lender’s 's loss payee and as an additional insured, and, on the policies relation to the Real Property, as mortgagee. In the event the Credit Parties fail Borrower either fails to provide Lender the Bank with evidence of the insurance coverage required by this Section or at any time hereafter shall fail to obtain or maintain any of the policies of insurance required above, or to pay any premium in whole or in part relating thereto, then Lenderthe Bank, without waiving or releasing any obligation or default by the Borrower hereunder, may may, upon at any time least five Business Days' prior written notice to Borrower (but shall be under no obligation to so act), obtain and maintain such policies of insurance and pay such premium and I\15453359.12 take any other action with respect thereto, which Lender the Bank deems advisable. This insurance coverage: coverage (i) may, but need not, protect the Credit Parties’ any Borrower's interest in such property, including, but not limited to, to the Collateral; , and (ii) may not pay any claim made by, or against, the Credit Parties Borrower in connection with such property, including, but not limited to, to the Collateral. The Credit Parties Borrower may later cancel any such insurance purchased by Lenderthe Bank, but only after providing Lender the Bank with evidence that the Borrower has obtained the insurance coverage required by this Section is in forceSection. The costs of such insurance obtained by Lenderthe Bank, through and including the effective date such insurance coverage is canceled or expires, shall be payable on demand by the Credit Parties upon at least five Business Days' prior written notice to Lender, together with interest at the Default Rate on such amounts until repaid and any other charges by Lender in connection with the placement of such insuranceBorrower. The costs of such insurance, which may be greater than the cost of insurance which the Credit Parties Borrower may be able to obtain on its own, together with interest thereon at the Default Rate and any other charges by Lender in connection with the placement of such insurance own may be added to the total Obligations due and owing to the extent not paid by the Credit Partiesowing.
Appears in 1 contract
Samples: Loan and Security Agreement (AquaBounty Technologies, Inc.)
Maintain Insurance. The Credit Parties’ Borrower shall, and shall cause each Subsidiary to, at all times insure and keep insured with in insurance companies acceptable to Lenderthe Bank, all insurable property owned by the Credit Parties it which is of a character usually insured by companies similarly situated and operating like properties, against loss or damage from environmental, fire and such other hazards or risks as are customarily insured against by companies similarly situated and operating like properties; and shall similarly insure employers’', public and professional liability risks. Prior to the date of the funding of any Loans under this Agreement, the Note the Borrower shall deliver to Lender the Bank a certificate setting forth in summary form the nature and extent of the insurance maintained by the Borrower and its Subsidiaries pursuant to this SectionSECTION 9. All such policies of insurance must be satisfactory to Lender the Bank in relation to the amount and term of the Obligations and type and value of the Collateral and assets of the Credit PartiesBorrower and each Subsidiary, shall identify Lender the Bank as sole/lender’s 's loss payee or mortgagee and as an additional insured. In the event the Credit Parties fail Borrower either fails to provide Lender the Bank with evidence of the insurance coverage required by this Section or at any time hereafter shall fail to obtain or maintain any of the policies of insurance required above, or to pay any premium in whole or in part relating thereto, then Lenderthe Bank, without waiving or releasing any obligation or default by the Borrower hereunder, may at any time (but shall be under no obligation to so act), obtain and maintain such policies of insurance and pay such premium and take any other action with respect thereto, which Lender the Bank deems advisable. This insurance coverage: coverage (i) may, but need not, protect the Credit Parties’ Borrower's and each Subsidiary's interest in the such property, including, but not limited to, to the Collateral; , and (ii) may not pay any claim made by, or against, the Credit Parties Borrower or any Subsidiary in connection with such property, including, but not limited to, to the Collateral. The Credit Parties Borrower may later cancel any such insurance purchased by Lenderthe Bank, but only after providing Lender the Bank with evidence that the Borrower has obtained the insurance coverage required by this Section is in forceSection. The costs of such insurance obtained by Lenderthe Bank, through and including the effective date such insurance coverage is canceled or expires, shall be payable on demand by the Credit Parties Borrower to Lenderthe Bank, together with interest at the Default Rate on such amounts until repaid and any other charges by Lender the Bank in connection with the placement of such insurance. The costs of such insurance, which may be greater than the cost of insurance which the Credit Parties Borrower may be able to obtain on its own, together with interest thereon at the Default Rate and any other charges by Lender the Bank in connection with the placement of such insurance may be added to the total Obligations due and owing to the extent not paid by the Credit Partiesowing.
Appears in 1 contract
Samples: Loan and Security Agreement (Arlington Hospitality Inc)
Maintain Insurance. The Credit Parties’ Borrower shall at all times insure and keep insured maintain with insurance companies reasonably acceptable to the Lender, all insurable property owned such insurance coverage as may be required by the Credit Parties which is of a character usually insured by companies similarly situated and operating like properties, against loss any law or damage from environmental, fire governmental regulation or court decree or order applicable to it and such other insurance, to such extent and against such hazards or risks as are customarily insured against by companies similarly situated and operating like properties; and shall similarly insure liabilities, including employers’, public and professional liability risks. Prior , as is customarily maintained by companies similarly situated, and shall have insured amounts no less than, and deductibles no higher than, are reasonably acceptable to the date of the funding of any Loans under this Agreement, Lender. The Borrower shall deliver furnish to the Lender a certificate setting forth in summary form reasonable detail the nature and extent of the all insurance maintained pursuant by the Borrower, which shall be reasonably acceptable in all respects to this Sectionthe Lender. All The Borrower shall cause each issuer of an insurance policy to provide the Lender with an endorsement (i) showing the Lender as loss payee with respect to each policy of property or casualty insurance; and (ii) providing that thirty (30) days notice will be given to the Lender prior to any cancellation of, material reduction or change in coverage provided by or other material modification to such policies of insurance must be policy. The Borrower shall execute and deliver to the Lender a collateral assignment, in form and substance satisfactory to Lender in relation to the amount and term Lender, of each business interruption insurance policy maintained by the Obligations and type and value of the Collateral and assets of the Credit Parties, shall identify Lender as sole/lender’s loss payee and as an additional insuredBorrower. In the event the Credit Parties fail Borrower either fails to provide the Lender with evidence of the insurance coverage required by this Section or at any time hereafter shall fail to obtain or maintain any of the policies of insurance required above, or to pay any premium in whole or in part relating thereto, then the Lender, without waiving or releasing any obligation or default by the Borrower hereunder, may at any time (but shall be under no obligation to so act), obtain and maintain such policies of insurance and pay such premium premiums and take any other action with respect thereto, which the Lender deems advisable. This insurance coverage: coverage (ia) may, but need not, protect the Credit Parties’ interest Borrower’s interests in such property, including, but not limited to, including the Collateral; , and (iib) may not pay any claim made by, or against, the Credit Parties Borrower in connection with such property, including, but not limited to, including the Collateral. The Credit Parties Borrower may later cancel any such insurance purchased by the Lender, but only after providing the Lender with evidence that the Borrower has obtained the insurance coverage required by this Section is in forceSection. The If the Lender purchases insurance for the Collateral, the Borrower will be responsible for the costs of such insurance obtained by Lenderthat insurance, through and including the effective date such insurance coverage is canceled or expires, shall be payable on demand by the Credit Parties to Lender, together with interest at the Default Rate on such amounts until repaid and any other charges by Lender in connection that may be imposed with the placement of such the insurance, until the effective date of the cancellation or expiration of the insurance. The costs of such insurance, which the insurance may be greater added to the principal amount of the Revolving Advances owing hereunder. The costs of the insurance may be more than the cost of the insurance which the Credit Parties Borrower may be able to obtain on its own, together with interest thereon at the Default Rate and any other charges by Lender in connection with the placement of such insurance may be added to the total Obligations due and owing to the extent not paid by the Credit Parties.
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (REX AMERICAN RESOURCES Corp)
Maintain Insurance. The Credit Parties’ Borrower shall at all times insure maintain, and keep insured cause each Subsidiary to maintain, with insurance companies reasonably acceptable to Lender, all insurable property owned such insurance coverage as may be required by the Credit Parties which is of a character usually insured by companies similarly situated and operating like properties, against loss any law or damage from environmental, fire governmental regulation or court decree or order applicable to it and such other insurance, to such extent and against such hazards or risks as are customarily insured against by companies similarly situated and operating like properties; and shall similarly insure liabilities, including employers’, public and professional liability risks, as is customarily maintained by companies similarly situated, and shall have insured amounts no less than, and deductibles no higher than, are reasonably acceptable to Lender. Prior to the date of the funding of any Loans under this Agreement, The Borrower shall deliver furnish to Lender a certificate setting forth in summary form reasonable detail the nature and extent of the all insurance maintained pursuant by the Borrower, which shall be reasonably acceptable in all respects to this SectionLender. All such policies The Borrower shall cause each issuer of an insurance must be satisfactory policy to provide Lender in relation to the amount and term of the Obligations and type and value of the Collateral and assets of the Credit Parties, shall identify with an endorsement (i) showing Lender as sole/lender’s loss payee with respect to each policy of property or casualty insurance and naming Lender as an additional insuredinsured with respect to each policy of liability insurance; and (ii) providing that thirty (30) days notice will be given to Lender prior to any cancellation of, material reduction or change in coverage provided by or other material modification to such policy. The Borrower shall execute and deliver to Lender a collateral assignment, in form and substance satisfactory to Lender, of each business interruption insurance policy maintained by the Borrower. In the event the Credit Parties fail Borrower either fails to provide Lender with evidence of the insurance coverage required by this Section or at any time hereafter shall fail to obtain or maintain any of the policies of insurance required above, or to pay any premium in whole or in part relating thereto, then Lender, without waiving or releasing any obligation or default by the Borrower hereunder, may at any time (but shall be under no obligation to so act), obtain and maintain such policies of insurance and pay such premium premiums and take any other action with respect thereto, which Lender deems advisable. This insurance coverage: coverage (ia) may, but need not, protect the Credit Parties’ interest Borrower’s interests in such property, including, but not limited to, including the Collateral; , and (iib) may not pay any claim made by, or against, the Credit Parties Borrower in connection with such property, including, but not limited to, including the Collateral. The Credit Parties Borrower may later cancel any such insurance purchased by Lender, but only after providing Lender with evidence that the Borrower has obtained the insurance coverage required by this Section is in forceSection. The If Lender purchases insurance for the Collateral, the Borrower will be responsible for the costs of such insurance obtained by Lenderthat insurance, through and including the effective date such insurance coverage is canceled or expires, shall be payable on demand by the Credit Parties to Lender, together with interest at the Default Rate on such amounts until repaid and any other charges by Lender in connection that may be imposed with the placement of such the insurance, until the effective date of the cancellation or expiration of the insurance. The costs of such insurance, which the insurance may be greater added to the principal amount of the Loans owing hereunder. The costs of the insurance may be more than the cost of the insurance which the Credit Parties Borrower may be able to obtain on its own, together with interest thereon at the Default Rate and any other charges by Lender in connection with the placement of such insurance may be added to the total Obligations due and owing to the extent not paid by the Credit Parties.
Appears in 1 contract
Samples: Loan and Security Agreement (Hill International, Inc.)
Maintain Insurance. The Credit Parties’ Borrower shall at all times insure maintain property and keep insured liability insurance coverage in accordance with insurance companies acceptable to Lender, all insurable property owned by the Credit Parties which is of a character usually insured by companies similarly situated and operating like properties, against loss requirements required under any material agreements binding on Borrower or damage from environmental, fire and such other hazards or risks as are customarily insured against by companies similarly situated and operating like properties; and shall similarly insure employers’, public and professional liability risks. Prior to the date any of the funding Guarantors and consistent with its (i) past practices and (ii) reasonably prudent under the circumstances. Upon the request of any Loans under this Agreementthe Lender, Borrower shall deliver furnish to the Lender a certificate setting forth in summary form reasonable detail the nature and extent of the all insurance maintained pursuant to this Section. All such policies of insurance must by the Borrower and the Guarantors, which shall be satisfactory to Lender reasonably acceptable in relation all respects to the amount Lender and term shall cause each issuer of an insurance policy to provide the Obligations and type and value of Lender with an endorsement (i) showing the Collateral and assets of the Credit Parties, shall identify Lender as sole/lender’s loss payee with respect to each policy of property or casualty insurance; and as an additional insured(ii) providing that thirty (30) days’ notice will be given to the Lender prior to any cancellation of such policy. In the event the Credit Parties fail Borrower either fails to provide the Lender with evidence of the insurance coverage required by this Section or at any time hereafter shall fail to obtain or maintain any of the policies of insurance required above, or to pay any premium in whole or in part relating thereto, then the Lender, without waiving or releasing any obligation or default by the Borrower hereunder, may at any time (but shall be under no obligation to so act), obtain and maintain such policies of insurance and pay such premium premiums and take any other action with respect thereto, which the Lender reasonably deems advisable. This insurance coverage: coverage (ia) may, but need not, protect the Credit Parties’ interest Borrower’s interests in such property, including, but not limited to, including the Collateral; , and (iib) may not pay any claim made by, or against, the Credit Parties Borrower in connection with such property, including, but not limited to, including the Collateral. The Credit Parties Borrower may later cancel any such insurance purchased by the Lender, but only after providing the Lender with evidence that the Borrower has obtained the insurance coverage required by this Section is in forceSection. The If the Lender purchases insurance for the Collateral, the Borrower will be responsible for the reasonable and documented costs of such insurance obtained by Lenderthat insurance, through and including the effective date such insurance coverage is canceled or expires, shall be payable on demand by the Credit Parties to Lender, together with interest at the Default Rate on such amounts until repaid and any other charges by Lender in connection that may be imposed with the placement of such the insurance, until the effective date of the cancellation or expiration of the insurance. The costs of such insurance, which the insurance may be greater added to the principal amount of the Loan owing hereunder. The costs of the insurance may be more than the cost of the insurance which the Credit Parties Borrower may be able to obtain on its own, together with interest thereon at the Default Rate and any other charges by Lender in connection with the placement of such insurance may be added to the total Obligations due and owing to the extent not paid by the Credit Parties.
Appears in 1 contract
Samples: Loan Agreement (Golden Minerals Co)
Maintain Insurance. The Credit Parties’ Borrower shall at all times insure and keep insured with in insurance companies reasonably acceptable to the Lender, all insurable property owned by the Credit Parties it which is of a character usually insured by companies similarly situated and operating like properties, against loss or damage from environmental, fire and such other hazards or risks as are customarily insured against by companies similarly situated and operating like properties; and shall similarly insure employers’, public and professional liability risks. Prior to the date of the initial funding of any Loans under this Agreementthe Revolving Note, the Borrower shall deliver to the Lender a certificate setting forth in summary form the nature and extent of the insurance maintained by the Borrower pursuant to this SectionSection 9.3. All such policies of insurance must be satisfactory to the Lender in relation to the amount and term of the Obligations and type and value of the Collateral and assets of the Credit PartiesBorrower, shall identify the Lender as sole/lender’s loss payee and as an additional insured. In the event the Credit Parties fail Borrower either fails to provide the Lender with evidence of the insurance coverage required by this Section or at any time hereafter shall fail to obtain or maintain any of the policies of insurance required above, or to pay any premium in whole or in part relating thereto, then the Lender, without waiving or releasing any obligation or default by the Borrower hereunder, may at any time (but shall be under no obligation to so act), obtain and maintain such policies of insurance and pay such premium and take any other action with respect thereto, which the Lender deems advisable. This insurance coverage: coverage (i) may, but need not, protect the Credit Parties’ Borrower’s interest in such property, including, but not limited to, to the Collateral; , and (ii) may not pay any claim made by, or against, the Credit Parties Borrower in connection with such property, including, but not limited to, to the Collateral. The Credit Parties Borrower may later cancel any such insurance purchased by the Lender, but only after providing the Lender with evidence that the Borrower has obtained the insurance coverage required by this Section is in forceSection. The costs of such insurance obtained by the Lender, through and including the effective date such insurance coverage is canceled or expires, shall be payable on demand by the Credit Parties Borrower to the Lender, together with interest at the Default Rate on such amounts until repaid and any other charges by the Lender in connection with the placement of such insurance. The costs of such insurance, which may be greater than the cost of insurance which the Credit Parties Borrower may be able to obtain on its own, together with interest thereon at the Default Rate and any other charges by the Lender in connection with the placement of such insurance may be added to the total Obligations due and owing to the extent not paid by the Credit Partiesowing.
Appears in 1 contract
Maintain Insurance. The Credit Parties’ Borrower shall at all times insure and keep insured maintain with insurance companies reasonably acceptable to the Lender, all insurable property owned such insurance coverage as may be required by the Credit Parties which is of a character usually insured by companies similarly situated and operating like properties, against loss any law or damage from environmental, fire governmental regulation or court decree or order applicable to it and such other insurance, to such extent and against such hazards or risks as are customarily insured against by companies similarly situated and operating like properties; and shall similarly insure liabilities, including employers’, public and professional liability risks. Prior , as is customarily maintained by companies similarly situated, and shall have insured amounts no less than, and deductibles no higher than, are reasonably acceptable to the date of Lender. To the funding of extent any Loans under this Agreementbuildings, structures and other improvements (“Improvements”) are now or hereafter located on the Mortgaged Property, Borrower shall deliver obtain, keep in force and maintain, or cause to be obtained, kept in force and maintained, a standard property insurance policy on the “Special” form, covering the Mortgaged Property, and providing coverage against such other risks as Lender may from time to time reasonably require, in the amount of the full replacement cost (insurable value) thereof, without reduction for depreciation, but in no event less than the maximum principal amount of the Loans. Property insurance policies shall include either an agreed amount endorsement or a waiver of any co-insurance provisions, sufficient to insure that no co-insurance requirements apply. The Borrower shall furnish to the Lender a certificate setting forth in summary form reasonable detail the nature and extent of the all insurance maintained pursuant to this Section. All such policies of insurance must by the Borrower, which shall be satisfactory to Lender reasonably acceptable in relation all respects to the amount and term Lender. The Borrower shall cause each issuer of an insurance policy to provide the Obligations and type and value of Lender with an endorsement (i) showing the Collateral and assets of the Credit Parties, shall identify Lender as sole/lender’s lender loss payee with respect to each policy of property or casualty insurance and naming the Lender as an additional insuredinsured with respect to each policy of liability insurance; and (ii) providing that thirty (30) days’ notice will be given to the Lender prior to any cancellation of, material reduction or change in coverage provided by or other material modification to such policy. The Borrower shall execute and deliver to the Lender a collateral assignment, in form and substance satisfactory to the Lender, of each business interruption insurance policy maintained by the Borrower. In the event the Credit Parties fail Borrower either fails to provide the Lender with evidence of the insurance coverage required by this Section or at any time hereafter shall fail to obtain or maintain any of the policies of insurance required above, or to pay any premium in whole or in part relating thereto, then the Lender, without waiving or releasing any obligation or default by the Borrower hereunder, may at any time upon reasonable notice (but shall be under no obligation to so act), obtain and maintain such policies of insurance and pay such premium premiums and take any other action with respect thereto, which the Lender deems advisable. This insurance coverage: coverage (ia) may, but need not, protect the Credit Parties’ interest Borrower’s interests in such property, including, but not limited to, the Collateral; , and (iib) may not pay any claim made by, or against, the Credit Parties Borrower in connection with such property, including, but not limited to, the Collateral. The Credit Parties Borrower may later cancel any such insurance purchased by the Lender, but only after providing the Lender with evidence that the Borrower has obtained the insurance coverage required by this Section is in forceSection. The If the Lender purchases insurance for the Collateral, the Borrower will be responsible for the costs of such insurance obtained by Lenderthat insurance, through and including the effective date such insurance coverage is canceled or expires, shall be payable on demand by the Credit Parties to Lender, together with interest at the Default Rate on such amounts until repaid and any other charges by Lender in connection that may be imposed with the placement of such the insurance, until the effective date of the cancellation or expiration of the insurance. The costs of such insurance, which the insurance may be greater added to the principal amount of the Loans owing hereunder. The costs of the insurance may be more than the cost of the insurance which the Credit Parties Borrower may be able to obtain on its own, together with interest thereon at the Default Rate and any other charges by Lender in connection with the placement of such insurance may be added to the total Obligations due and owing to the extent not paid by the Credit Parties.
Appears in 1 contract
Maintain Insurance. The Credit Parties’ Parties shall at all times insure and keep insured with insurance companies acceptable to LenderBuyer, all insurable property owned by the Credit Parties which is of a character usually insured by companies similarly situated and operating like properties, against loss or damage from environmental, fire and such other hazards or risks as are customarily insured against by companies similarly situated and operating like properties; and shall similarly insure employers’, ’ public and professional liability risks. Prior to the date of Effective Date, the funding of any Loans under this Agreement, Borrower Credit Parties shall deliver to Lender the Buyer a certificate setting forth in summary form the nature and extent of the insurance maintained pursuant to this Section. All such policies of insurance must be satisfactory to Lender Buyer in relation to the amount and term of the Obligations Debentures and type and value of the Collateral and assets Assets of the Credit Parties, shall identify Lender Buyer as sole/lender’s loss payee and as an additional insured. In the event the Credit Parties fail to provide Lender Buyer with evidence of the insurance coverage required by this Section or at any time hereafter shall fail to obtain or maintain any of the policies of insurance required above, or to pay any premium in whole or in part relating thereto, then Lenderthe Buyer, without waiving or releasing any obligation or default by Borrower the Credit Parties hereunder, may at any time (but shall be under no obligation to so act), obtain and maintain such policies of insurance and pay such premium and take any other action with respect thereto, which Lender Buyer deems advisable. This insurance coverage: (i) may, but need not, protect the Credit Parties’ interest in such property, including, but not limited to, the Collateral; and (ii) may not pay any claim made by, or against, the Credit Parties in connection with such property, including, but not limited to, the Collateral. The Credit Parties may later request that the Buyer cancel any such insurance purchased by LenderBuyer, but only after providing Lender Buyer with evidence that the insurance coverage required by this Section is in force. The costs of such insurance obtained by LenderBuyer, through and including the effective date such insurance coverage is canceled or expires, shall be payable on demand by the Credit Parties to LenderBuyer, together with interest at the Default Rate highest non-usurious rate permitted by law on such amounts until repaid and any other charges by Lender Buyer in connection with the placement of such insurance. The costs of such insurance, which may be greater than the cost of insurance which the Credit Parties may be able to obtain on its own, together with interest thereon at the Default Rate highest non-usurious rate permitted by Law and any other charges incurred by Lender Buyer in connection with the placement of such insurance may be added to the total Obligations due and owing by the Credit Parties hereunder and under the Debentures to the extent not paid by the Credit Parties.
Appears in 1 contract
Maintain Insurance. The Credit Parties’ Company and its subsidiaries shall at all times insure and keep insured with insurance companies acceptable to LenderBuyer, all insurable property owned by the Credit Parties Company and its subsidiaries, respectively and as applicable, which is of a character usually insured by companies similarly situated and operating like properties, against loss or damage from environmental, fire and such other hazards or risks as are customarily insured against by companies similarly situated and operating like properties; and shall similarly insure employers’, public and professional liability risks. Prior to the date of Closing Date, the funding of any Loans under this Agreement, Borrower Company shall deliver to Lender the Buyer a certificate setting forth in summary form the nature and extent of the insurance maintained pursuant to this Section. All such policies of insurance must be satisfactory to Lender Buyer in relation to the amount and term of the Obligations Note and type and value of the Collateral and assets Assets of the Credit PartiesCompany and the assets and properties of its subsidiaries, shall identify Lender Buyer as sole/lender’s loss payee and as an additional insured. In the event the Credit Parties fail Company fails to provide Lender Buyer with evidence of the insurance coverage required by this Section or at any time hereafter shall fail to obtain or maintain any of the policies of insurance required above, or to pay any premium in whole or in part relating thereto, then Lenderthe Buyer, without waiving or releasing any obligation or default by Borrower the Company hereunder, may at any time (but shall be under no obligation to so act), obtain and maintain in such policies of insurance and pay such premium and take any other action with respect thereto, which Lender Buyer deems advisable. This insurance coverage: (i) may, but need not, protect the Credit Parties’ Company’s interest in such property, including, but not limited to, the Collateral; and (ii) may not pay any claim made by, or against, the Credit Parties Company in connection with such property, including, but not limited to, the Collateral. The Credit Parties Company may later request that the Buyer cancel any such insurance purchased by LenderBuyer, but only after providing Lender Buyer with evidence that the insurance coverage required by this Section is in force. The costs of such insurance obtained by LenderBuyer, through and including the effective date such insurance coverage is canceled or expires, shall be payable on demand by the Credit Parties Company to LenderBuyer, together with interest at the Default Rate highest non-usurious rate permitted by law on such amounts until repaid and any other charges by Lender Buyer in connection with the placement of such insurance. The costs of such insurance, which may be greater than the cost of insurance which the Credit Parties Company may be able to obtain on its own, together with interest thereon at the Default Rate highest non-usurious rate permitted by Law and any other charges incurred by Lender Buyer in connection with the placement of such insurance may be added to the total Obligations due and owing by the Company hereunder and under the Note to the extent not paid by the Credit PartiesCompany.
Appears in 1 contract
Samples: Securities Purchase Agreement (Millennium Healthcare Inc.)
Maintain Insurance. The Credit Parties’ Each Borrower shall at all times insure and keep insured maintain with insurance companies reasonably acceptable to the Lender, all insurable property owned such insurance coverage as may be required by the Credit Parties which is of a character usually insured by companies similarly situated and operating like properties, against loss any law or damage from environmental, fire governmental regulation or court decree or order applicable to it and such other insurance, including business interruption insurance, to such extent and against such hazards or risks as are customarily insured against by companies similarly situated and operating like properties; and shall similarly insure liabilities, including employers’, public and professional liability risks. Prior , as is customarily maintained by companies similarly situated, and shall have insured amounts no less than, and deductibles no higher than, are reasonably acceptable to the date of the funding of any Loans under this Agreement, Lender. Each Borrower shall deliver furnish to the Lender a certificate setting forth in summary form reasonable detail the nature and extent of the all insurance maintained pursuant to this Section. All by such policies of insurance must Borrower, which shall be satisfactory to Lender reasonably acceptable in relation all respects to the amount and term Lender. Each Borrower shall cause each issuer of an insurance policy to provide the Obligations and type and value of Lender with an endorsement (i) showing the Collateral and assets of the Credit Parties, shall identify Lender as sole/lender’s lender loss payee with respect to each policy of property or casualty insurance; and as an additional insured(ii) providing that thirty (30) days notice will be given to the Lender prior to any cancellation of, material reduction or change in coverage provided by or other material modification to such policy. In the event the Credit Parties fail a Borrower either fails to provide the Lender with evidence of the insurance coverage required by this Section or at any time hereafter shall fail to obtain or maintain any of the policies of insurance required above, or to pay any premium in whole or in part relating thereto, then the Lender, without waiving or releasing any obligation or default by such Borrower hereunder, may at any time (but shall be under no obligation to so act), obtain and maintain such policies of insurance and pay such premium premiums and take any other action with respect thereto, which the Lender deems advisable. This insurance coverage: coverage (ia) may, but need not, protect the Credit Parties’ interest such Borrower’s interests in such property, including, but not limited to, the Collateral; , and (iib) may not pay any claim made by, or against, the Credit Parties such Borrower in connection with such property, including, but not limited to, the Collateral. The Credit Parties Such Borrower may later cancel any such insurance purchased by the Lender, but only after providing the Lender with evidence that such Borrower has obtained the insurance coverage required by this Section is in forceSection. The If the Lender purchases insurance for the Collateral, such Borrower will be responsible for the costs of such insurance obtained by Lenderthat insurance, through and including the effective date such insurance coverage is canceled or expires, shall be payable on demand by the Credit Parties to Lender, together with interest at the Default Rate on such amounts until repaid and any other charges by Lender in connection that may be imposed with the placement of such the insurance, until the effective date of the cancellation or expiration of the insurance. The costs of such insurance, which the insurance may be greater added to the principal amount of the Loans owing hereunder by such Borrower. The costs of the insurance may be more than the cost of the insurance which the Credit Parties such Borrower may be able to obtain on its own, together with interest thereon at the Default Rate and any other charges by Lender in connection with the placement of such insurance may be added to the total Obligations due and owing to the extent not paid by the Credit Parties.
Appears in 1 contract
Maintain Insurance. The Credit Parties’ Borrower shall at all times insure maintain, and keep insured cause each Subsidiary to maintain, with insurance companies reasonably acceptable to Lenderthe Bank, all insurable property owned such insurance coverage as may be required by the Credit Parties which is of a character usually insured by companies similarly situated and operating like properties, against loss any law or damage from environmental, fire governmental regulation or court decree or order applicable to it and such other insurance, to such extent and against such hazards or risks as are customarily insured against by companies similarly situated and operating like properties; and shall similarly insure liabilities, including (without limitation) employers’, public and professional liability risks. Prior , as is customarily maintained by companies similarly situated, and shall have insured amounts no less than, and deductibles no higher than, are reasonably acceptable to the date of Bank. Solely with respect to any Acquisition Transaction that produces insurable After-Acquired Collateral, the funding of any Loans under this Agreement, Borrower shall deliver (a) cause each issuer of an insurance policy thereof to Lender a certificate setting forth in summary form provide the nature and extent of Bank with an endorsement (i) showing the insurance maintained pursuant to this Section. All such policies of insurance must be satisfactory to Lender in relation to the amount and term of the Obligations and type and value of the Collateral and assets of the Credit Parties, shall identify Lender Bank as sole/lender’s loss payee with respect to each policy of property or casualty insurance and as an additional insured(ii) providing that ten (10) days' notice will be given to the Bank prior to any cancellation of, material reduction or change in coverage provided by or other material modification to such policy, and (b) execute and deliver to the Bank a collateral assignment, in form and substance satisfactory to the Bank, of each business interruption insurance policy maintained by the Borrower. In the event the Credit Parties fail Borrower either fails to provide Lender the Bank with evidence of the insurance coverage required by this Section 8.6 or at any time hereafter shall fail to obtain or maintain any of the policies of insurance required above, or to pay any premium in whole or in part relating thereto, then Lenderthe Bank, without waiving or releasing any obligation or default by the Borrower hereunder, may at any time (but shall be under no obligation to so act), obtain and maintain such policies of insurance and pay such premium premiums and take any other action with respect thereto, which Lender the Bank deems advisable. This insurance coverage: coverage (ia) may, but need not, protect the Credit Parties’ interest Borrower’s interests in such property, including, but not limited to, including the Collateral; , and (iib) may not pay any claim made by, or against, the Credit Parties Borrower in connection with such property, including, but not limited to, including the Collateral. The Credit Parties Borrower may later cancel any such insurance purchased by Lenderthe Bank, but only after providing Lender the Bank with evidence that the Borrower has obtained the insurance coverage required by this Section is in forceSection. The If the Bank purchases insurance for the Collateral, the Borrower will be responsible for the costs of such insurance obtained by Lenderthat insurance, through and including the effective date such insurance coverage is canceled or expires, shall be payable on demand by the Credit Parties to Lender, together with interest at the Default Rate on such amounts until repaid and any other charges by Lender in connection that may be imposed with the placement of such the insurance, until the effective date of the cancellation or expiration of the insurance. The costs of such insurance, which the insurance may be greater added to the principal amount of the Loans owing hereunder. The costs of the insurance may be more than the cost of the insurance which the Credit Parties Borrower may be able to obtain on its own, together with interest thereon at the Default Rate and any other charges by Lender in connection with the placement of such insurance may be added to the total Obligations due and owing to the extent not paid by the Credit Parties.
Appears in 1 contract
Samples: Loan and Security Agreement (Atlas Financial Holdings, Inc.)
Maintain Insurance. The Credit Parties’ Debtor shall at all times insure maintain, and keep insured cause each Subsidiary to maintain, with insurance companies reasonably acceptable to Lenderthe Bank, all insurable property owned such insurance coverage as may be required by the Credit Parties which is of a character usually insured by companies similarly situated and operating like properties, against loss any law or damage from environmental, fire governmental regulation or court decree or order applicable to it and such other insurance, to such extent and against such hazards or risks as are customarily insured against by companies similarly situated and operating like properties; and shall similarly insure liabilities, including credit insurance maintained with a company acceptable to Bank, employers’, public and professional liability risks. Prior , as is customarily maintained by companies similarly situated, and shall have insured amounts no less than, and deductibles no higher than, are reasonably acceptable to the date of Bank. Debtor shall furnish to the funding of any Loans under this Agreement, Borrower shall deliver to Lender Bank a certificate setting forth in summary form reasonable detail the nature and extent of the all insurance maintained pursuant to this Section. All such policies of insurance must by the Debtor, which shall be satisfactory to Lender reasonably acceptable in relation all respects to the amount Bank. Debtor shall cause each issuer of an insurance policy to provide the Bank with an endorsement (i) showing the Bank as loss payee with respect to each policy of property or casualty insurance; and term (ii) providing that notice will be given to the Bank in accordance with industry standard principles prior to any cancellation of, material reduction or change in coverage provided by or other material modification to such policy. Notwithstanding anything to the contrary contained herein or in any of the Obligations other Loan Documents, the existing insurance maintained by the Debtor, evidence of which has been provided to Bank, has been approved by the Bank and type is acceptable in all respects, and value of the Collateral Bank shall not require any changes to such insurance or require any additional coverages other than to add Bank as mortgagee as to casualty and assets of the Credit Parties, shall identify Lender additional insured as sole/lender’s loss payee and as an additional insuredto liability coverage. In the event the Credit Parties fail any Debtor either fails to provide Lender the Bank with evidence of the insurance coverage required by this Section or at any time hereafter shall fail to obtain or maintain any of the policies of insurance required above, or to pay any premium in whole or in part relating thereto, then Lenderthe Bank, without waiving or releasing any obligation or default by Borrower any Debtor hereunder, may may, at any time (but shall be under no obligation to so act), obtain and maintain such policies of insurance and pay such premium premiums and take any other action with respect thereto, which Lender the Bank deems advisable. This insurance coverage: coverage (ia) may, but need not, protect the Credit Parties’ interest any Debtor’s interests in such property, including, but not limited to, including the Collateral; , and (iib) may not pay any claim made by, or against, the Credit Parties any Debtor in connection with such property, including, but not limited to, including the Collateral. The Credit Parties Any Debtor may later cancel any such insurance purchased by Lenderthe Bank, but only after providing Lender the Bank with evidence that the Debtor has obtained the insurance coverage required by this Section is in forceSection. The If the Bank purchases insurance for the Collateral, the Debtor will be responsible for the costs of such insurance obtained by Lenderthat insurance, through and including the effective date such insurance coverage is canceled or expires, shall be payable on demand by the Credit Parties to Lender, together with interest at the Default Rate on such amounts until repaid and any other charges by Lender in connection that may be imposed with the placement of such the insurance, until the effective date of the cancellation or expiration of the insurance. The costs of such insurance, which the insurance may be greater added to the principal amount of the Loans owing hereunder. The costs of the insurance may be more than the cost of the insurance which the Credit Parties Debtor may be able to obtain on its own, together with interest thereon at the Default Rate and any other charges by Lender in connection with the placement of such insurance may be added to the total Obligations due and owing to the extent not paid by the Credit Parties.
Appears in 1 contract
Maintain Insurance. The Credit Parties’ Borrower shall, and shall cause the Guarantors to, at all times insure and keep insured with insurance companies reasonably acceptable to Lender, all insurable property owned by the Credit Parties which is of a character usually insured by companies similarly situated and operating like properties, against loss or damage from environmental, fire and such other hazards or risks as are customarily insured against by companies similarly situated and operating like properties; and shall similarly insure employers’, public and professional liability risks. Prior to the date of the funding of any Loans under this Agreement, Borrower shall, and shall cause the Guarantors to, deliver to Lender a certificate setting forth in summary form the nature and extent of the insurance maintained pursuant to this Section. All such policies of insurance must be satisfactory to Lender in relation to the amount and term of the Obligations and type and value of the Collateral and assets of the Credit Parties, and within thirty (30) days of the Closing Date, shall identify Lender as sole/lender’s loss payee and as an additional insured. In the event that the Credit Parties fail to provide Lender with evidence of the insurance coverage required by this Section or at any time hereafter shall fail to obtain or maintain any of the policies of insurance required above, or to pay any premium in whole or in part relating thereto, then Lender, without waiving or releasing any obligation or default by Borrower hereunder, may at any time (but shall be under no obligation to so act), obtain and maintain such policies of insurance and pay such premium and take any other action with respect thereto, which Lender deems advisable. This insurance coverage: coverage (i) may, but need not, protect the Credit Parties’ interest in such property, including, but not limited to, to the Collateral; , and (ii) may not pay any claim made by, or against, the Credit Parties in connection with such property, including, but not limited to, to the Collateral. The Credit Parties may later cancel any such insurance purchased by Lender, but only after providing Lender with evidence that the insurance coverage required by this Section is in force. The costs of such insurance obtained by Lender, through and including the effective date such insurance coverage is canceled or expires, shall be payable on demand by the Credit Parties Borrower to Lender, together with interest at the Default Rate on such amounts until repaid and any other charges by Lender in connection with the placement of such insurance. The costs of such insurance, which may be greater than the cost of insurance which the Credit Parties Borrower may be able to obtain on its own, together with interest thereon at the Default Rate and any other charges by Lender in connection with the placement of such insurance may be added to the total Obligations due and owing to the extent not paid by the Credit PartiesBorrower.
Appears in 1 contract
Samples: Senior Secured Revolving Credit Facility Agreement (Medytox Solutions, Inc.)
Maintain Insurance. The Credit Parties’ Borrower shall at all times insure maintain, and keep insured cause each Subsidiary to maintain, with insurance companies reasonably acceptable to Lenderthe Bank, all insurable property owned such insurance coverage as may be required by the Credit Parties which is of a character usually insured by companies similarly situated and operating like properties, against loss any law or damage from environmental, fire governmental regulation or court decree or order applicable to it and such other insurance, to such extent and against such hazards or risks as are customarily insured against by companies similarly situated and operating like properties; and shall similarly insure liabilities, including employers’', public and professional liability risks. Prior , as is customarily maintained by companies similarly situated, and shall have insured amounts no less than, and deductibles no higher than, are reasonably acceptable to the date of the funding of any Loans under this Agreement, Bank. Borrower shall deliver furnish to Lender the Bank a certificate setting forth in summary form reasonable detail the nature and extent of the all insurance maintained pursuant to this Section. All such policies of insurance must by Borrower, which shall be satisfactory to Lender reasonably acceptable in relation all respects to the amount and term Bank. Borrower shall cause each issuer of an insurance policy to provide the Obligations and type and value of Bank with an endorsement (i) showing the Collateral and assets of the Credit Parties, shall identify Lender Bank as sole/lender’s loss payee with respect to each policy of property or casualty insurance, and naming the Bank as an additional insured. In the event the Credit Parties fail to provide Lender with evidence of the insurance coverage required by this Section or at any time hereafter shall fail to obtain or maintain any of the policies of insurance required above, or to pay any premium in whole or in part relating thereto, then Lender, without waiving or releasing any obligation or default by Borrower hereunder, may at any time (but shall be under no obligation to so act), obtain and maintain such policies of insurance and pay such premium and take any other action insured with respect thereto, which Lender deems advisable. This insurance coverage: (i) may, but need not, protect the Credit Parties’ interest in such property, including, but not limited to, the Collateralto each policy of liability insurance; and (ii) may not pay providing that thirty (30) days notice will be given to the Bank prior to any claim made bycancellation of, material reduction or againstchange in coverage provided by or other material modification to such policy. Borrower shall execute and deliver to the Bank a collateral assignment, in form and substance satisfactory to the Credit Parties in connection with such propertyBank, including, but not limited to, the Collateralof each business interruption insurance policy maintained by Borrower. The Credit Parties may later cancel any such insurance purchased by Lender, but only after providing Lender with evidence Bank agrees that the insurance coverage required by this Section in effect as of the Restatement Date is in forceacceptable. The costs of such insurance obtained by LenderIN THE EVENT BORROWER EITHER FAILS TO PROVIDE THE BANK WITH EVIDENCE OF THE INSURANCE COVERAGE REQUIRED BY THIS SECTION OR AT ANY TIME HEREAFTER SHALL FAIL TO OBTAIN OR MAINTAIN ANY OF THE POLICIES OF INSURANCE REQUIRED ABOVE, through and including the effective date such insurance coverage is canceled or expiresOR TO PAY ANY PREMIUM IN WHOLE OR IN PART RELATING THERETO, shall be payable on demand by the Credit Parties to LenderTHEN THE BANK, together with interest at the Default Rate on such amounts until repaid and any other charges by Lender in connection with the placement of such insuranceWITHOUT WAIVING OR RELEASING ANY OBLIGATION OR DEFAULT BY BORROWER HEREUNDER, MAY AT ANY TIME (BUT SHALL BE UNDER NO OBLIGATION TO SO ACT), OBTAIN AND MAINTAIN SUCH POLICIES OF INSURANCE AND PAY SUCH PREMIUMS AND TAKE ANY OTHER ACTION WITH RESPECT THERETO, WHICH THE BANK DEEMS ADVISABLE. The costs of such insuranceTHIS INSURANCE COVERAGE (A) MAY, which may be greater than the cost of insurance which the Credit Parties may be able to obtain on its ownBUT NEED NOT, together with interest thereon at the Default Rate and any other charges by Lender in connection with the placement of such insurance may be added to the total Obligations due and owing to the extent not paid by the Credit PartiesPROTECT BORROWER'S INTERESTS IN SUCH PROPERTY, INCLUDING, BUT NOT LIMITED TO, THE COLLATERAL, AND (B) MAY NOT PAY ANY CLAIM MADE BY, OR AGAINST, BORROWER IN CONNECTION WITH SUCH PROPERTY, INCLUDING, BUT NOT LIMITED TO, THE COLLATERAL. BORROWER MAY LATER CANCEL ANY SUCH INSURANCE PURCHASED BY THE BANK, BUT ONLY AFTER PROVIDING THE BANK WITH EVIDENCE THAT BORROWER HAS OBTAINED THE INSURANCE COVERAGE REQUIRED BY THIS SECTION. IF THE BANK PURCHASES INSURANCE FOR THE COLLATERAL, BORROWER WILL BE RESPONSIBLE FOR THE COSTS OF THAT INSURANCE, INCLUDING INTEREST AND ANY OTHER CHARGES THAT MAY BE IMPOSED WITH THE PLACEMENT OF THE INSURANCE, UNTIL THE EFFECTIVE DATE OF THE CANCELLATION OR EXPIRATION OF THE INSURANCE. THE COSTS OF THE INSURANCE MAY BE ADDED TO THE PRINCIPAL AMOUNT OF THE LOANS OWING HEREUNDER. THE COSTS OF THE INSURANCE MAY BE MORE THAN THE COST OF THE INSURANCE BORROWER MAY BE ABLE TO OBTAIN ON ITS OWN.
Appears in 1 contract
Maintain Insurance. The Credit Parties’ Borrower shall, and shall cause each Subsidiary to, at all times insure and keep insured with in insurance companies acceptable to Lenderthe Bank, all insurable property owned by the Credit Parties it which is of a character usually insured by companies similarly situated and operating like properties, against loss or damage from environmental, fire and such other hazards or risks as are customarily insured against by companies similarly situated and operating like properties; and shall similarly insure employers’', public and professional liability risks. Prior to the date of the funding of any Loans under this Agreement, the Note the Borrower shall deliver to Lender the Bank a certificate setting forth in summary form the nature and extent of the insurance maintained by the Borrower and its Subsidiaries pursuant to this SectionSECTION 9. All such policies of insurance must be satisfactory to Lender the Bank in relation to the amount and term of the Obligations and type and value of the Collateral and assets of the Credit PartiesBorrower and each Subsidiary, shall identify Lender the Bank as sole/lender’s 's loss payee or mortgagee and as an additional insured. In the event the Credit Parties fail Borrower either fails to provide Lender the Bank with evidence of the insurance coverage required by this Section or at any time hereafter shall fail fall to obtain or maintain any of the policies of insurance required above, or to pay any premium in whole or in part relating thereto, then Lenderthe Bank, without waiving or releasing any obligation or default by the Borrower hereunder, may at any time (but shall be under no obligation to so act), obtain and maintain such policies of insurance and pay such premium and take any other action with respect thereto, which Lender the Bank deems advisable. This insurance coverage: coverage (i) may, but need not, protect the Credit Parties’ Borrower's and each Subsidiary's interest in the such property, including, but not limited to, to the Collateral; , and (ii) may not pay any claim made by, or against, the Credit Parties Borrower or any Subsidiary in connection with such property, including, but not limited to, to the Collateral. The Credit Parties Borrower may later cancel any such insurance purchased by Lenderthe Bank, but only after providing Lender the Bank with evidence that the Borrower has obtained the insurance coverage required by this Section is in forceSection. The costs of such insurance obtained by Lenderthe Bank, through and including the effective date such insurance coverage is canceled or expires, shall be payable on demand by the Credit Parties Borrower to Lenderthe Bank, together with interest at the Default Rate on such amounts until repaid and any other charges by Lender the Bank in connection with the placement of such insurance. The costs of such insurance, which may be greater than the cost of insurance which the Credit Parties Borrower may be able to obtain on its own, together with interest thereon at the Default Rate and any other charges by Lender the Bank in connection with the placement of such insurance may be added to the total Obligations due and owing to the extent not paid by the Credit Partiesowing.
Appears in 1 contract
Samples: Loan and Security Agreement (Arlington Hospitality Inc)
Maintain Insurance. The Credit Parties’ Borrower shall at all times insure and keep insured with insurance companies reasonably acceptable to Lender, all insurable property owned by the Credit Parties Borrower which is of a character usually insured by companies similarly situated and operating like properties, against loss or damage from environmental, fire and such other hazards or risks as are customarily insured against by companies similarly situated and operating like properties; and shall similarly insure employers’, public and professional liability risks. Prior to the date of the funding of any Loans under this Agreement, Borrower shall deliver to Lender a certificate setting forth in summary form the nature and extent of the insurance maintained pursuant to this Section. All such policies of insurance must be satisfactory to Lender in relation to the amount and term of the Obligations and type and value of the Collateral and assets of the Credit PartiesBorrower, and within thirty (30) days of the Closing Date, shall identify Lender as sole/lender’s loss payee and as an additional insured. In the event that the Credit Parties fail Borrower fails to provide Lender with evidence of the insurance coverage required by this Section or at any time hereafter shall fail to obtain or maintain any of the policies of insurance required above, or to pay any premium in whole or in part relating thereto, then Lender, without waiving or releasing any obligation or default by Borrower hereunder, may at any time (but shall be under no obligation to so act), obtain and maintain such policies of insurance and pay such premium and take any other action with respect thereto, which Lender deems advisable. This insurance coverage: coverage (i) may, but need not, protect the Credit Parties’ Borrower’s interest in such property, including, but not limited to, to the Collateral; , and (ii) may not pay any claim made by, or against, the Credit Parties Borrower in connection with such property, including, but not limited to, to the Collateral. The Credit Parties Borrower may later cancel any such insurance purchased by Lender, but only after providing Lender with evidence that the insurance coverage required by this Section is in force. The costs of such insurance obtained by Lender, through and including the effective date such insurance coverage is canceled or expires, shall be payable on demand by the Credit Parties Borrower to Lender, together with interest at the Default Rate on such amounts until repaid and any other charges by Lender in connection with the placement of such insurance. The costs of such insurance, which may be greater than the cost of insurance which the Credit Parties Borrower may be able to obtain on its own, together with interest thereon at the Default Rate and any other charges by Lender in connection with the placement of such insurance may be added to the total Obligations due and owing to the extent not paid by the Credit PartiesBorrower.
Appears in 1 contract
Samples: Senior Secured Revolving Credit Facility Agreement (Redfin Network, Inc.)
Maintain Insurance. 9.4.1 The Credit Parties’ Vendor shall at take all times insure actions necessary to continue to maintain in full force and keep insured with insurance companies acceptable to Lender, effect until the Closing Date all insurable property owned by the Credit Parties which is of a character usually insured by companies similarly situated and operating like properties, against loss or damage from environmental, fire and such other hazards or risks as are customarily insured against by companies similarly situated and operating like properties; and shall similarly insure employers’, public and professional liability risks. Prior to the date of the funding of any Loans under this Agreement, Borrower shall deliver to Lender a certificate setting forth in summary form the nature and extent of the insurance maintained pursuant to this Section. All such policies of insurance must be satisfactory to Lender in relation with respect to the amount Business and term Purchased Assets in effect on the Financial Statements Date or duly renew the same upon substantially the same terms and conditions. The Vendor will cooperate fully with the Purchaser and take such actions (including, without limitation, placing insurance carriers on notice of this Agreement and/or providing or seeking necessary consents) as the Purchaser may reasonably request to ensure that from and after the Effective Time, the Purchaser will be entitled to make claims, or receive the proceeds of claims, under all insurance policies (whether in the name of the Obligations Vendor or any other Person) which insure or have insured the Business and type and value of the Collateral and assets of the Credit PartiesPurchased Assets, shall identify Lender as sole/lender’s loss payee and as an additional insured. In the event the Credit Parties fail to provide Lender with evidence of the insurance coverage required by this Section which are or were in effect at any time hereafter prior to the Effective Time. In furtherance of the foregoing, the Vendor,
(i) will take all reasonable measures to identify and make copies available to the Purchaser of all historical policies of insurance of the Vendor with respect to the Business and Purchased Assets and, at the Purchaser's expense, of all predecessor corporations with respect to the Business;
(ii) agrees to make all reasonable and necessary attempts to purchase, at the Purchaser's expense, extended reporting coverages or the equivalent thereof for five (5) years from the Closing Date for all current claims made or modified claims made coverages of the Business and Purchased Assets, including without limitation all casualty, liability and directors and officers coverages and shall fail give periodic status reports to obtain the Purchaser concerning such attempts; and
(iii) agrees not to release any policies of insurance which provide or maintain any have provided coverage applicable to the Business and Purchased Assets without the prior written consent of the Purchaser.
9.4.2 The Vendor and the Purchaser acknowledge that the policies of insurance required aboveapplicable to the Vendor are not necessarily exclusive to the Business and Purchased Assets and that certain coverages and limits may be impaired by claims arising from other companies or businesses currently or previously owned by the Vendor; however, the Vendor will notify the Purchaser of all such claims and impairment as soon as reasonably practicable. The Vendor makes no representations or to pay warranties in respect of any premium in whole or in part relating thereto, then Lender, without waiving or releasing any obligation or default by Borrower hereunder, may at any time (but shall be under no obligation to so act), obtain and maintain such policies policy of insurance and pay such premium and take shall not be responsible for any other action allocations, determinations as to coverage or lack thereof or any decision or interpretation made by insurers or their agents with respect thereto, . The Purchaser shall be responsible for all retrospective premiums and associated third party administrator and insurer management and administration costs allocable to the claims experience of the Vendor with respect to the Business. The Purchaser recognizes and accepts that the Vendor has in the past and may in the future compromise rights and claims in good faith which Lender deems advisable. This may have an effect on the consumption of aggregate insurance coverage: (i) maylimits and the allocation of retrospective premiums.
9.4.3 As soon as practicable after the Closing Date, but need not, protect no later than thirty (30) Business Days after the Credit Parties’ interest in such property, including, but not limited toClosing Date, the Collateral; Vendor and (ii) may not pay any claim made by, or against, the Credit Parties in connection with such property, including, but not limited to, Purchaser shall enter into an agreement setting forth the Collateral. The Credit Parties may later cancel any such insurance purchased by Lender, but only after providing Lender with evidence that procedures for implementation and administration of the insurance coverage required entitlements and responsibilities provided for by this Section is in force. The costs of such insurance obtained by Lender, through and including the effective date such insurance coverage is canceled or expires, shall be payable on demand by the Credit Parties to Lender, together with interest at the Default Rate on such amounts until repaid and any other charges by Lender in connection with the placement of such insurance. The costs of such insurance, which may be greater than the cost of insurance which the Credit Parties may be able to obtain on its own, together with interest thereon at the Default Rate and any other charges by Lender in connection with the placement of such insurance may be added to the total Obligations due and owing to the extent not paid by the Credit Parties9.4.
Appears in 1 contract
Maintain Insurance. The Credit Parties’ Borrower shall at all times insure maintain, and keep insured cause Holdings and each Subsidiary to maintain, with insurance companies reasonably acceptable to Lenderthe Bank, all insurable property owned such insurance coverage as may be required by the Credit Parties which is of a character usually insured by companies similarly situated and operating like properties, against loss any law or damage from environmental, fire governmental regulation or court decree or order applicable to it and such other insurance, to such extent and against such hazards or risks as are customarily insured against by companies similarly situated and operating like properties; and shall similarly insure liabilities, including employers’, public and professional liability risks. Prior , as is customarily maintained by companies similarly situated, and shall have insured amounts no less than, and deductibles no higher than reasonably acceptable to the date of the funding of any Loans under this Agreement, Bank. The Borrower shall deliver furnish to Lender the Bank a certificate setting forth in summary form reasonable detail the nature and extent of the all insurance maintained pursuant to this Section. All such policies of insurance must by the Borrower, which shall be satisfactory to Lender reasonably acceptable in relation all respects to the amount and term Bank. The Borrower shall cause each issuer of an insurance policy to provide the Obligations and type and value of Bank with an endorsement acceptable to Bank in Bank’s reasonable discretion (i) showing the Collateral and assets of the Credit Parties, shall identify Lender Bank as sole/lender’s lender loss payee with respect to each policy of property or casualty insurance; and as an additional insured(ii) providing that thirty (30) days (ten (10) days in the case of non-payment of premiums) notice will be given to the Bank prior to any cancellation of, material reduction or change in coverage provided by or other material modification to such policy. In the event the Credit Parties fail Borrower either fails to provide Lender the Bank with evidence of the insurance coverage required by this Section or at any time hereafter shall fail to obtain or maintain any of the policies of insurance required above, or to pay any premium in whole or in part relating thereto, then Lenderthe Bank, without waiving or releasing any obligation or default by the Borrower hereunder, may at any time (but shall be under no obligation to so act), obtain and maintain such policies of insurance and pay such premium premiums and take any other action with respect thereto, which Lender the Bank deems advisable. This insurance coverage: coverage (ia) may, but need not, protect the Credit Parties’ interest Borrower’s interests in such property, including, but not limited to, the Collateral; , and (iib) may not pay any claim made by, or against, the Credit Parties Borrower in connection with such property, including, but not limited to, the Collateral. The Credit Parties Borrower may later cancel any such insurance purchased by Lenderthe Bank, but only after providing Lender the Bank with evidence that the Borrower has obtained the insurance coverage required by this Section is in forceSection. The If the Bank purchases insurance for the Collateral, the Borrower will be responsible for the costs of such insurance obtained by Lenderthat insurance, through and including the effective date such insurance coverage is canceled or expires, shall be payable on demand by the Credit Parties to Lender, together with interest at the Default Rate on such amounts until repaid and any other charges by Lender in connection that may be imposed with the placement of such the insurance, until the effective date of the cancellation or expiration of the insurance. The costs of such insurance, which the insurance may be greater added to the principal amount of the Loans owing hereunder. The costs of the insurance may be more than the cost of the insurance which the Credit Parties Borrower may be able to obtain on its own, together with interest thereon at the Default Rate and any other charges by Lender in connection with the placement of such insurance may be added to the total Obligations due and owing to the extent not paid by the Credit Parties.
Appears in 1 contract
Maintain Insurance. The Credit Parties’ Parties shall at all times insure and keep insured with insurance companies acceptable to LenderBuyer, all insurable property owned by the Credit Parties which is of a character usually insured by companies similarly situated and operating like properties, against loss or damage from environmental, fire and such other hazards or risks as are customarily insured against by companies similarly situated and operating like properties; and shall similarly insure employers’, public and professional liability risks. Prior to the date of Effective Date, the funding of any Loans under this Agreement, Borrower Credit Parties shall deliver to Lender the Buyer a certificate setting forth in summary form the nature and extent of the insurance maintained pursuant to this Section. All such policies of insurance must be satisfactory to Lender Buyer in relation to the amount and term of the Obligations Debentures and type and value of the Collateral and assets Assets of the Credit Parties, shall identify Lender Buyer as sole/lender’s loss payee and as an additional insured. In the event the Credit Parties fail to provide Lender Buyer with evidence of the insurance coverage required by this Section or at any time hereafter shall fail to obtain or maintain any of the policies of insurance required above, or to pay any premium in whole or in part relating thereto, then Lenderthe Buyer, without waiving or releasing any obligation or default by Borrower the Credit Parties hereunder, may at any time (but shall be under no obligation to so act), obtain and maintain such policies of insurance and pay such premium and take any other action with respect thereto, which Lender Buyer deems advisable. This insurance coverage: (i) may, but need not, protect the Credit Parties’ interest in such property, including, but not limited to, the Collateral; and (ii) may not pay any claim made by, or against, the Credit Parties in connection with such property, including, but not limited to, the Collateral. The Credit Parties may later request that the Buyer cancel any such insurance purchased by LenderBuyer, but only after providing Lender Buyer with evidence that the insurance coverage required by this Section is in force. The costs of such insurance obtained by LenderBuyer, through and including the effective date such insurance coverage is canceled or expires, shall be payable on demand by the Credit Parties to LenderBuyer, together with interest at the Default Rate highest non-usurious rate permitted by law on such amounts until repaid and any other charges by Lender Buyer in connection with the placement of such insurance. The costs of such insurance, which may be greater than the cost of insurance which the Credit Parties may be able to obtain on its own, together with interest thereon at the Default Rate highest non-usurious rate permitted by Law and any other charges incurred by Lender Buyer in connection with the placement of such insurance may be added to the total Obligations due and owing by the Credit Parties hereunder and under the Debentures to the extent not paid by the Credit Parties.
Appears in 1 contract
Samples: Securities Purchase Agreement (Preferred Restaurant Brands, Inc.)
Maintain Insurance. The Credit Parties’ shall at Partiesshallat all times insure and keep insured with insurance companies acceptable to Lender, all insurable property owned by the Credit Parties which is of a character usually insured by companies similarly situated and operating like properties, against loss or damage from environmental, fire and such other hazards or risks as are customarily insured against by companies similarly situated and operating like properties; and shall similarly insure employers’, public and professional liability risks. Prior to the date of the funding of any Loans under this Agreement, Borrower shall each Credit Partyshall deliver to Lender a certificate setting forth in summary form the nature and natureand extent of the insurance maintained pursuant to this Section. All such policies of insurance must be satisfactory to Lender in relation to the amount and term of the Obligations and type and value of the Collateral and assets of the Credit Parties, shall identify Lender as sole/lender’s loss payee and as an additional insured. In the event the Credit Parties fail to provide Lender with evidence of the insurance coverage required by this Section or at any time hereafter shall fail to obtain or maintain any maintainany of the policies of insurance required above, or to pay any premium in whole or in part relating thereto, then Lender, without waiving or releasing any obligation or default by Borrower the Credit Parties hereunder, may at any time (but shall be under no obligation to so act), obtain and maintain such policies of insurance and pay such premium and take any other action with respect thereto, which Lender deems advisable. This insurance coverage: (icoverage:(i) may, but need not, protect the Credit Parties’ interest Borrower’s and its Subsidiaries’interest in such property, including, but not limited to, ,the Collateral; and Collateral;and (ii) may not pay any claim made by, or against, the Credit Parties in connection with such property, including, but not limited to, ,the Collateral. The Credit Parties may later cancel Partiesmay latercancel any such insurance purchased by Lender, but only after providing Lender with evidence that the insurance coverage required by this Section is in force. The costs of such insurance obtained by Lender, through and including the effective date such insurance coverage is canceled or expires, shall be payable on demand by the Credit Parties to Lender, together with interest at the Default Rate on such amounts until repaid and any other charges by Lender in connection with the placement of such insurance. The costs of such insurance, which may be greater than the cost of insurance which the Credit Parties Borrower may be able to obtain on its their own, together with interest thereon at the Default Rate and any other charges by Lender in connection with the placement of such insurance may be added to the total Obligations due and owing to the extent not paid by the Credit Parties.
Appears in 1 contract
Samples: Senior Secured Revolving Credit Facility Agreement (Revolutionary Concepts Inc)
Maintain Insurance. The Credit Parties’ shall Borrowers will keep its and each of its ------------------- Subsidiaries' insurable properties adequately insured at all times insure by financially sound and keep insured with insurance companies acceptable to Lender, all insurable property owned by the Credit Parties which is of a character usually insured by companies similarly situated and operating like properties, against loss or damage from environmental, fire and reputable insurers; maintain such other hazards or insurance to such extent and against such risks as are customarily insured is reasonable and prudent, including commercial general liability insurance against claims for personal injury or death or property damage occurring upon, in, about or in connection with the use of any properties owned, occupied or controlled by companies similarly situated it, director and operating like propertiesofficer liability insurance and business interruption insurance; and maintain such other insurance as may be required by applicable law, in each case naming the Lender as a loss payee, lien holder/mortgagee or additional insured. Each Borrower shall similarly insure employers’, public and professional liability risks. Prior furnish to the date of the funding of any Loans under this Agreement, Borrower shall deliver to Lender a certificate setting forth in summary form reasonable detail the nature and extent of the all insurance maintained pursuant by such Borrower, which shall be reasonably acceptable in all respects to this Sectionthe Lender. All Each Borrower shall cause each issuer of an insurance policy to provide the Lender with an endorsement (i) showing the Lender as lender loss payee with respect to each policy of property or casualty insurance; and (ii) providing that thirty (30) days notice will be given to the Lender prior to any cancellation of, material reduction or change in coverage provided by or other material modification to such policies policy. Borrowers shall have thirty (30) days from the closing date to provide Lender certificates of insurance must be satisfactory and endorsements with respect to Lender in relation to the amount PCD and term of the Obligations and type and value of the Collateral and assets of the Credit PartiesPCD, shall identify Lender as sole/lender’s loss payee and as an additional insuredLLC. In the event the Credit Parties fail a Borrower either fails to provide the Lender with evidence of the insurance coverage required by this Section or at any time hereafter shall fail to obtain or maintain any of the policies of insurance required above, or to pay any premium in whole or in part relating thereto, then the Lender, without waiving or releasing any obligation or default by such Borrower hereunder, may at any time (but shall be under no obligation to so act), obtain and maintain such policies of insurance and pay such premium premiums and take any other action with respect thereto, which the Lender deems advisable. This insurance coverage: coverage (ia) may, but need not, protect the Credit Parties’ interest such Borrower's interests in such property, including, but not limited to, the Collateral; , and (iib) may not pay any claim made by, or against, the Credit Parties such Borrower in connection with such property, including, but not limited to, the Collateral. The Credit Parties Such Borrower may later cancel any such insurance purchased by the Lender, but only after providing the Lender with evidence that such Borrower has obtained the insurance coverage required by this Section is in forceSection. The If the Lender purchases insurance for the Collateral, such Borrower will be responsible for the costs of such insurance obtained by Lenderthat insurance, through and including the effective date such insurance coverage is canceled or expires, shall be payable on demand by the Credit Parties to Lender, together with interest at the Default Rate on such amounts until repaid and any other charges by Lender in connection that may be imposed with the placement of such the insurance, until the effective date of the cancellation or expiration of the insurance. The costs of such insurance, which the insurance may be greater added to the principal amount of the Loans owing hereunder by such Borrower. The costs of the insurance may be more than the cost of the insurance which the Credit Parties such Borrower may be able to obtain on its own, together with interest thereon at the Default Rate and any other charges by Lender in connection with the placement of such insurance may be added to the total Obligations due and owing to the extent not paid by the Credit Parties.
Appears in 1 contract
Maintain Insurance. The Credit Parties’ Company shall at all times insure and keep insured with insurance companies acceptable to LenderBuyer, all insurable property owned by the Credit Parties Company which is of a character usually insured by companies similarly situated and operating like properties, against loss or damage from environmental, fire and such other hazards or risks as are customarily insured against by companies similarly situated and operating like properties; and shall similarly insure employers’, public and professional liability risks. Prior to the date of Effective Date, the funding of any Loans under this Agreement, Borrower Company shall deliver to Lender the Buyer a certificate setting forth in summary form the nature and extent of the insurance maintained pursuant to this Section. All such policies of insurance must be satisfactory to Lender Buyer in relation to the amount and term of the Obligations Debentures and type and value of the Collateral and assets Assets of the Credit PartiesCompany, shall identify Lender Buyer as sole/lender’s loss payee payee, except for leased equipment, and as an additional insured. In the event the Credit Parties fail Company fails to provide Lender Buyer with evidence of the insurance coverage required by this Section or at any time hereafter shall fail to obtain or maintain any of the policies of insurance required above, or to pay any premium in whole or in part relating thereto, then Lenderthe Buyer, without waiving or releasing any obligation or default by Borrower the Company hereunder, may at any time after written notice to the Company and a right to cure (but shall be under no obligation to so act), obtain and maintain such policies of insurance and pay such premium and take any other action with respect thereto, which Lender Buyer deems advisable. This insurance coverage: (i) may, but need not, protect the Credit Parties’ Company’s interest in such property, including, but not limited to, the Collateral; and (ii) may not pay any claim made by, or against, the Credit Parties Company in connection with such property, including, but not limited to, the Collateral. The Credit Parties Company may later request that the Buyer cancel any such insurance purchased by LenderBuyer, but only after providing Lender Buyer with evidence that the insurance coverage required by this Section is in force. The costs of such insurance obtained by LenderBuyer, through and including the effective date such insurance coverage is canceled or expires, shall be payable on demand by the Credit Parties Company to LenderBuyer, together with interest at the Default Rate highest non-usurious rate permitted by law on such amounts until repaid and any other out of pocket charges by Lender Buyer in connection with the placement of such insurance. The costs of such insurance, which may be greater than the cost of insurance which the Credit Parties Company may be able to obtain on its own, together with interest thereon at the Default Rate highest non-usurious rate permitted by Law and any other out of pocket charges incurred by Lender Buyer in connection with the placement of such insurance may be added to the total Obligations due and owing by the Company hereunder and under the Debentures to the extent not paid by the Credit PartiesCompany.
Appears in 1 contract
Samples: Securities Purchase Agreement (Medytox Solutions, Inc.)
Maintain Insurance. The Credit Parties’ Company shall at all times insure and keep insured with insurance companies acceptable to LenderBuyer, all insurable property owned by the Credit Parties Company which is of a character usually insured by companies similarly situated and operating like properties, against loss or damage from environmental, fire and such other hazards or risks as are customarily insured against by companies similarly situated and operating like properties; and shall similarly insure employers’', public and professional liability risks. Prior to the date of Effective Date, the funding of any Loans under this Agreement, Borrower Company shall deliver to Lender the Buyer a certificate setting forth in summary form the nature and extent of the insurance maintained pursuant to this Section. All such policies of insurance must be satisfactory to Lender Buyer in relation to the amount and term of the Obligations Debenture and the Fee Debentures and type and value of the Collateral and assets Assets of the Credit PartiesCompany, shall identify Lender Buyer as sole/lender’s 's loss payee and as an additional insured. In the event the Credit Parties fail Company fails to provide Lender Buyer with evidence of the insurance coverage required by this Section or at any time hereafter shall fail to obtain or maintain any of the policies of insurance required above, or to pay any premium in whole or in part relating thereto, then Lenderthe Buyer, without waiving or releasing any obligation or default by Borrower the Company hereunder, may at any time (but shall be under no obligation to so act), obtain and maintain such policies of insurance and pay such premium and take any other action with respect thereto, which Lender Buyer deems advisable. This insurance coverage: (i) may, but need not, protect the Credit Parties’ Company's interest in such property, including, but not limited to, the Collateral; and (ii) may not pay any claim made by, or against, the Credit Parties Company in connection with such property, including, but not limited to, the Collateral. The Credit Parties Company may later request that the Buyer cancel any such insurance purchased by LenderBuyer, but only after providing Lender Buyer with evidence that the insurance coverage required by this Section is in force. The costs of such insurance obtained by LenderBuyer, through and including the effective date such insurance coverage is canceled or expires, shall be payable on demand by the Credit Parties Company to LenderBuyer, together with interest at the Default Rate highest non-usurious rate permitted by law on such amounts until repaid and any other charges by Lender Buyer in connection with the placement of such insurance. The costs of such insurance, which may be greater than the cost of insurance which the Credit Parties Company may be able to obtain on its own, together with interest thereon at the Default Rate highest non-usurious rate permitted by Law and any other charges incurred by Lender Buyer in connection with the placement of such insurance may be added to the total Obligations due and owing by the Company hereunder and under the Debenture and the Fee Debentures to the extent not paid by the Credit PartiesCompany.
Appears in 1 contract
Samples: Securities Purchase Agreement (Artec Global Media, Inc.)
Maintain Insurance. The Credit Parties’ shall at (i) Debtor will maintain insurance in form, amounts and with companies in all times insure and keep insured with insurance companies acceptable to Lender, all insurable property owned by the Credit Parties which is of a character usually insured by companies similarly situated and operating like properties, against loss or damage from environmental, fire and such other hazards or risks as are customarily insured against by companies similarly situated and operating like properties; and shall similarly insure employers’, public and professional liability risks. Prior to the date of the funding of any Loans under this Agreement, Borrower shall deliver to Lender a certificate setting forth in summary form the nature and extent of the insurance maintained pursuant to this Section. All such policies of insurance must be respects satisfactory to Lender in relation to the amount and term of the Obligations and type and value Secured Party insuring all of the Collateral against loss from fire, theft, and assets any other risks determined by Secured Party. Secured Party on behalf of the Credit Parties, Lenders shall identify Lender be designated as sole/lender’s a loss payee and as an additional insured. In under a mortgagee loss payment clause satisfactory to Secured Party under the event the Credit Parties fail to provide Lender with evidence of the insurance coverage required by this Section or at any time hereafter shall fail to obtain or maintain any terms of the policies evidencing such insurance (collectively, the "Policies") and shall receive a minimum of insurance required abovethirty (30) days' written notice from the company or insurer issuing such Policies prior to the cancellation or modification of any such Policies. Upon Secured Party's Request, or Debtor shall furnish Secured Party with a summary of such coverage, in form and substance satisfactory to pay any premium in whole or in part relating theretoSecured Party; provided, then Lender, without waiving or releasing any obligation or default by Borrower hereunder, may at any time (but however Secured Party shall be under no duty to verify the accuracy or existence of such Policies. If Debtor fails to furnish said insurance or fails to pay the premiums therefor, Secured Party may do so or may obtain insurance of its interest only, adding the amount of any such premium thereof to the Indebtedness, provided, however, Secured Party is under no obligation or duty to so act), pay such premiums or obtain and or maintain such policies of insurance and pay such premium and take any other action with respect thereto, which Lender deems advisable. This insurance coverage: (i) may, but need not, protect the Credit Parties’ interest in such property, including, but not limited to, the Collateral; and insurance.
(ii) Debtor hereby assigns to Secured Party on behalf of Lenders any insurance proceeds payable under any of the Policies and returned or unearned premiums that may not be due upon cancellation of any of the Policies for any reason whatsoever, and directs all insurers to pay Secured Party on behalf of Lenders any claim made by, amount so due unless the Indebtedness has been previously fully satisfied. In order to collect such returned or against, unearned premiums or the Credit Parties in connection with such property, including, but not limited to, the Collateral. The Credit Parties may later cancel any such insurance purchased by Lender, but only after providing Lender with evidence that the insurance coverage required by this Section is in force. The costs of such insurance obtained by Lender, through and including the effective date such insurance coverage is canceled or expires, shall be payable on demand by the Credit Parties to Lender, together with interest at the Default Rate on such amounts until repaid and any other charges by Lender in connection with the placement of such insurance. The costs benefits of such insurance, Secured Party acting through any officer, agent or employee is hereby IRREVOCABLY appointed Debtor's attorney-in-fact, which appointment is hereby coupled with an interest, to endorse any draft or check that may be greater than the cost payable to Debtor. All insurers are directed by Debtor to make insurance proceeds, returned or unearned premiums payable solely to Secured Party on behalf of Lenders and not to Secured Party and Debtor jointly. Any balance of insurance which proceeds remaining after payment in full of all amounts owing to Secured Party on behalf of Lenders shall be paid to Debtor. Such returned or unearned insurance premium or the Credit Parties benefits of such insurance, may, at Secured Party's option, be used to repair, restore or replace the Collateral or may be able applied to obtain on its ownany Indebtedness, together with interest thereon at and if the Default Rate and any other charges by Lender Indebtedness is payable in connection with the placement of such insurance may be added installments, then to the total Obligations due and owing to installments in inverse order, satisfying the extent not paid by the Credit Partiesfinal maturing installments first.
Appears in 1 contract
Samples: Credit Agreement (Childrens Comprehensive Services Inc)
Maintain Insurance. The Credit Parties’ Borrower shall at all times insure and keep insured maintain with insurance companies reasonably acceptable to Lenderthe Bank, all insurable property owned such insurance coverage as may be required by the Credit Parties which is of a character usually insured by companies similarly situated and operating like properties, against loss any law or damage from environmental, fire governmental regulation or court decree or order applicable to it and such other insurance, to such extent and against such hazards or risks as are customarily insured against by companies similarly situated and operating like properties; and shall similarly insure liabilities, including employers’', public and professional liability risks. Prior , as is customarily maintained by companies similarly situated, and shall have insured amounts no less than, and deductibles no higher than, are reasonably acceptable to the date of the funding of any Loans under this Agreement, Bank. The Borrower shall deliver furnish to Lender the Bank a certificate setting forth in summary form reasonable detail the nature and extent of the all insurance maintained pursuant by the Borrower, which shall be reasonably acceptable in all respects to this Sectionthe Bank. All The Borrower shall cause each issuer of an insurance policy to provide the Bank with an endorsement (i) showing the Bank as lender's loss payee with respect to each policy; and (ii) providing that thirty (30) days' notice will be given to the Bank prior to any cancellation of, material reduction or change in coverage provided by or other material modification to such policies of insurance must be policy. The Borrower shall execute and deliver to the Bank a collateral assignment, in form and substance satisfactory to Lender in relation to the amount and term Bank, of each business interruption insurance policy maintained by the Obligations and type and value of the Collateral and assets of the Credit Parties, shall identify Lender as sole/lender’s loss payee and as an additional insuredBorrower. In the event the Credit Parties fail Borrower either fails to provide Lender the Bank with evidence of the insurance coverage required by this Section or at any time hereafter shall fail to obtain or maintain any of the policies of insurance required above, or to pay any premium in whole or in part relating thereto, then Lenderthe Bank, without waiving or releasing any obligation or default by the Borrower hereunder, may at any time (but shall be under no obligation to so act), obtain and maintain such policies of insurance and pay such premium premiums and take any other action with respect thereto, which Lender the Bank reasonably deems advisable. This insurance coverage: coverage (ia) may, but need not, protect the Credit Parties’ interest Borrower's interests in such property, including, but not limited to, including the Collateral; , and (iib) may not pay any claim made by, or against, the Credit Parties Borrower in connection with such property, including, but not limited to, including the Collateral. The Credit Parties Borrower may later cancel any such insurance purchased by Lenderthe Bank, but only after providing Lender the Bank with evidence that the Borrower has obtained the insurance coverage required by this Section is in forceSection. The If the Bank purchases insurance for the Collateral, the Borrower will be responsible for the costs of such insurance obtained by Lenderthat insurance, through and including the effective date such insurance coverage is canceled or expires, shall be payable on demand by the Credit Parties to Lender, together with interest at the Default Rate on such amounts until repaid and any other charges by Lender in connection that may be imposed with the placement of such the insurance, until the effective date of the cancellation or expiration of the insurance. The costs of such insurance, which the insurance may be greater added to the principal amount of the Loans owing hereunder. The costs of the insurance may be more than the cost of the insurance which the Credit Parties Borrower may be able to obtain on its own, together with interest thereon at the Default Rate and any other charges by Lender in connection with the placement of such insurance may be added to the total Obligations due and owing to the extent not paid by the Credit Parties.
Appears in 1 contract
Samples: Loan Agreement (Birner Dental Management Services Inc)
Maintain Insurance. The Credit Parties’ Company shall at all times insure and keep insured with insurance companies acceptable to LenderBuyer, all insurable property owned by the Credit Parties Company which is of a character usually insured by companies similarly situated and operating like properties, against loss or damage from environmental, fire and such other hazards or risks as are customarily insured against by companies similarly situated and operating like properties; and shall similarly insure employers’', public and professional liability risks. Prior to the date of Effective Date, the funding of any Loans under this Agreement, Borrower Company shall deliver to Lender the Buyer a certificate setting forth in summary form the nature and extent of the insurance maintained pursuant to this Section. All such policies of insurance must be satisfactory to Lender Buyer in relation to the amount and term of the Obligations Debentures and type and value of the Collateral and assets Assets of the Credit PartiesCompany, shall identify Lender Buyer as sole/lender’s 's loss payee and as an additional insured. In the event the Credit Parties fail Company fails to provide Lender Buyer with evidence of the insurance coverage required by this Section or at any time hereafter shall fail to obtain or maintain any of the policies of insurance required above, or to pay any premium in whole or in part relating thereto, then Lenderthe Buyer, without waiving or releasing any obligation or default by Borrower the Company hereunder, may at any time (but shall be under no obligation to so act), obtain and maintain such policies of insurance and pay such premium and take any other action with respect thereto, which Lender Buyer deems advisable. This insurance coverage: (i) mayi)may, but need not, protect the Credit Parties’ Company's interest in such property, including, but not limited to, the Collateral; and (ii) may not pay any claim made by, or against, the Credit Parties Company in connection with such property, including, but not limited to, the Collateral. The Credit Parties Company may later request that the Buyer cancel any such insurance purchased by LenderBuyer, but only after providing Lender Buyer with evidence that the insurance coverage required by this Section is in force. The costs of such insurance obtained by LenderBuyer, through and including the effective date such insurance coverage is canceled or expires, shall be payable on demand by the Credit Parties Company to LenderBuyer, together with interest at the Default Rate highest non-usurious rate permitted by law on such amounts until repaid and any other charges by Lender Buyer in connection with the placement of such insurance. The costs of such insurance, which may be greater than the cost of insurance which the Credit Parties Company may be able to obtain on its own, together with interest thereon at the Default Rate highest non-usurious rate permitted by Law and any other charges incurred by Lender Buyer in connection with the placement of such insurance may be added to the total Obligations due and owing by the Company hereunder and under the Debentures to the extent not paid by the Credit PartiesCompany.
Appears in 1 contract
Maintain Insurance. The Credit Parties’ Each Borrower shall at all times insure and keep insured with insurance companies acceptable to Lender, all insurable property owned by the Credit Parties each Borrower which is of a character usually insured by companies similarly situated and operating like properties, against loss or damage from environmental, fire and such other hazards or risks as are customarily insured against by companies similarly situated and operating like properties; and shall similarly insure employers’, public and professional liability risks. Prior to the date of the funding of any Loans under this Agreement, each Borrower shall deliver to Lender a certificate setting forth in summary form the nature and extent of the insurance maintained pursuant to this Section. All such policies of insurance must be satisfactory to Lender in relation to the amount and term of the Obligations and type and value of the Collateral and assets of the Credit Partieseach Borrower, shall identify Lender as sole/lender’s loss payee and as an additional insured. In the event the Credit Parties any Borrower fail to provide Lender with evidence of the insurance coverage required by this Section or at any time hereafter shall fail to obtain or maintain any of the policies of insurance required above, or to pay any premium in whole or in part relating thereto, then Lender, without waiving or releasing any obligation or default by any Borrower hereunder, may at any time (but shall be under no obligation to so act), obtain and maintain such policies of insurance and pay such premium and take any other action with respect thereto, which Lender deems advisable. This insurance coverage: (i) may, but need not, protect the Credit Parties’ any Borrower’s interest in such property, The registrant agrees to furnish supplementally a copy of any omitted schedule to the Commission upon request. including, but not limited to, the Collateral; and (ii) may not pay any claim made by, or against, the Credit Parties any Borrower in connection with such property, including, but not limited to, the Collateral. The Credit Parties Any Borrower may later cancel any such insurance purchased by Lender, but only after providing Lender with evidence that the insurance coverage required by this Section is in force. The costs of such insurance obtained by Lender, through and including the effective date such insurance coverage is canceled or expires, shall be payable on demand by the Credit Parties Borrowers to Lender, together with interest at the Default Rate on such amounts until repaid and any other charges by Lender in connection with the placement of such insurance. The costs of such insurance, which may be greater than the cost of insurance which the Credit Parties any Borrower may be able to obtain on its own, together with interest thereon at the Default Rate and any other charges by Lender in connection with the placement of such insurance may be added to the total Obligations due and owing to the extent not paid by the Credit Partiesany applicable Borrower.
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Maintain Insurance. The Credit Parties’ Borrower shall at all times insure maintain, and keep insured cause each Subsidiary to maintain, with insurance companies reasonably acceptable to Lender, all insurable property owned such insurance coverage as may be required by the Credit Parties which is of a character usually insured by companies similarly situated and operating like properties, against loss any law or damage from environmental, fire governmental regulation or court decree or order applicable to it and such other insurance, to such extent and against such hazards or risks as are customarily insured against by companies similarly situated and operating like properties; and shall similarly insure liabilities, including employers’, public and professional liability risks, as is customarily maintained by companies similarly situated, and shall have insured amounts no less than, and deductibles no higher than, are reasonably acceptable to Lender. Prior to the date of the funding of any Loans under this Agreement, Borrower shall deliver furnish to Lender a certificate setting forth in summary form reasonable detail the nature and extent of the all insurance maintained pursuant by Borrower, which shall be reasonably acceptable in all respects to this SectionLender. All such policies Borrower shall cause each issuer of an insurance must be satisfactory policy to provide Lender in relation to the amount and term of the Obligations and type and value of the Collateral and assets of the Credit Parties, shall identify with an endorsement (i) showing Lender as sole/lender’s loss payee with respect to each policy of property or casualty insurance; and as an additional insured(ii) providing that thirty (30) days notice will be given to Lender prior to any cancellation of, material reduction or change in coverage provided by or other material modification to such policy. Borrower shall execute and deliver to Lender a collateral assignment, in form and substance satisfactory to Lender, of each business interruption insurance policy maintained by Borrower. In the event the Credit Parties fail Borrower either fails to provide Lender with evidence of the insurance coverage required by this Section or at any time hereafter shall fail to obtain or maintain any of the policies of insurance required above, or to pay any premium in whole or in part relating thereto, then Lender, without waiving or releasing any obligation or default by Borrower hereunder, may at any time (but shall be under no obligation to so act), obtain and maintain such policies of insurance and pay such premium premiums and take any other action with respect thereto, which Lender deems advisable. This insurance coverage: coverage (ia) may, but need not, protect the Credit Parties’ interest Borrower’s interests in such property, including, but not limited to, including the Collateral; , and (iib) may not pay any claim made by, or against, the Credit Parties Borrower in connection with such property, including, but not limited to, including the Collateral. The Credit Parties Borrower may later cancel any such insurance purchased by Lender, but only after providing Lender with evidence that Borrower has obtained the insurance coverage required by this Section is in forceSection. The If Lender purchases insurance for the Collateral, Borrower will be responsible for the costs of such insurance obtained by Lenderthat insurance, through and including the effective date such insurance coverage is canceled or expires, shall be payable on demand by the Credit Parties to Lender, together with interest at the Default Rate on such amounts until repaid and any other charges by Lender in connection that may be imposed with the placement of such the insurance, until the effective date of the cancellation or expiration of the insurance. The costs of such insurance, which the insurance may be greater added to the principal amount of the Loans owing hereunder. The costs of the insurance may be more than the cost of the insurance which the Credit Parties Borrower may be able to obtain on its own, together with interest thereon at the Default Rate and any other charges by Lender in connection with the placement of such insurance may be added to the total Obligations due and owing to the extent not paid by the Credit Parties.
Appears in 1 contract
Samples: Revolving Credit Agreement (American Land Lease Inc)
Maintain Insurance. The Credit Parties’ Debtor shall at all times insure maintain, and keep insured cause each Subsidiary to maintain, with Borrower’s current insurers or such other insurance companies reasonably acceptable to Lenderthe Bank, all insurable property owned such insurance coverage as may be required by the Credit Parties which is of a character usually insured by companies similarly situated and operating like properties, against loss any law or damage from environmental, fire governmental regulation or court decree or order applicable to it and such other insurance, to such extent and against such hazards or risks as are customarily insured against by companies similarly situated and operating like properties; and shall similarly insure liabilities, including employers’', public and professional liability risks. Prior , as is customarily maintained by companies similarly situated, and shall have insured amounts no less than, and deductibles no higher than, the amounts in effect as of the date hereof or such other limits that may hereafter be reasonably requested by, or are reasonably acceptable to the date of Bank. The Debtor shall furnish to the funding of any Loans under this Agreement, Borrower shall deliver to Lender Bank a certificate setting forth in summary form reasonable detail the nature and extent of the all insurance maintained pursuant to this Section. All such policies of insurance must by the Debtor, which shall be satisfactory to Lender reasonably acceptable in relation all respects to the amount and term Bank. The Debtor shall cause each issuer of an insurance policy to provide the Obligations and type and value of Bank with an endorsement (i) showing the Collateral and assets of the Credit Parties, shall identify Lender Bank as sole/lender’s loss payee with respect to each policy of property or casualty insurance; and as an additional insured(ii) providing that thirty (30) days notice will be given to the Bank prior to any cancellation of, material reduction or change in coverage provided by or other material modification to such policy. In the event the Credit Parties fail Debtor either fails to provide Lender the Bank with evidence of the insurance coverage required by this Section or at any time hereafter shall fail to obtain or maintain any of the policies of insurance required above, or to pay any premium in whole or in part relating thereto, then Lenderthe Bank, without waiving or releasing any obligation or default by Borrower the Debtor hereunder, may at any time (but shall be under no obligation to so act), obtain and maintain such policies of insurance and pay such premium premiums and take any other action with respect thereto, which Lender the Bank deems advisable. This insurance coverage: coverage (ia) may, but need not, protect the Credit Parties’ interest Debtor’s interests in such property, including, but not limited to, including the Collateral; , and (iib) may not pay any claim made by, or against, the Credit Parties Debtor in connection with such property, including, but not limited to, including the Collateral. The Credit Parties Debtor may later cancel any such insurance purchased by Lenderthe Bank, but only after providing Lender the Bank with evidence that the Debtor has obtained the insurance coverage required by this Section is in forceSection. The If the Bank purchases insurance for the Collateral, the Debtor will be responsible for the costs of such insurance obtained by Lenderthat insurance, through and including the effective date such insurance coverage is canceled or expires, shall be payable on demand by the Credit Parties to Lender, together with interest at the Default Rate on such amounts until repaid and any other charges by Lender in connection that may be imposed with the placement of such the insurance, until the effective date of the cancellation or expiration of the insurance. The costs of such insurance, which the insurance may be greater added to the principal amount of the Loans owing hereunder. The costs of the insurance may be more than the cost of the insurance which the Credit Parties Debtor may be able to obtain on its own, together with interest thereon at the Default Rate and any other charges by Lender in connection with the placement of such insurance may be added to the total Obligations due and owing to the extent not paid by the Credit Parties.
Appears in 1 contract
Maintain Insurance. The Credit Parties’ Each Loan Party shall at all times insure and keep insured with in insurance companies reasonably acceptable to the Lender, all insurable property owned by the Credit Parties it which is of a character usually insured by companies similarly situated and operating like properties, against loss or damage from environmental, fire and such other hazards or risks as are customarily insured against by companies similarly situated and operating like properties; and shall similarly insure employers’, directors and officers, public and professional liability risks. Prior to the date of the initial funding of any Loans under this Agreementthe Revolving Loans, Borrower the Loan Parties shall deliver to the Lender a certificate certificates setting forth in summary form the nature and extent of the insurance maintained by the Loan Parties pursuant to this SectionSection 6.3, in each case, in form and substance satisfactory to the Lender. All such policies of insurance must be satisfactory to the Lender in relation to the amount and term of the Obligations and type and value of the Collateral and assets of the Credit Loan Parties, shall identify the Lender as sole/lender’s loss payee and as an additional insured. In the event the Credit Parties fail any Loan Party either fails to provide the Lender with evidence of the insurance coverage required by this Section or at any time hereafter shall fail to obtain or maintain any of the policies of insurance required above, or to pay any premium in whole or in part relating thereto, then the Lender, without waiving or releasing any obligation or default by Borrower any Loan Party hereunder, may at any time (but shall be under no obligation to so act), obtain and maintain such policies of insurance and pay such premium and take any other action with respect thereto, which the Lender deems advisable. This insurance coverage: coverage (i) may, but need not, protect the Credit Parties’ any Loan Party’s interest in such property, including, but not limited to, to the Collateral; , and (ii) may not pay any claim made by, or against, the Credit Parties any Loan Party in connection with such property, including, but not limited to, to the Collateral. The Credit Loan Parties may later cancel any such insurance purchased by the Lender, but only after providing the Lender with evidence that the Loan Parties have obtained the insurance coverage required by this Section is in forceSection. The costs of such insurance obtained by the Lender, through and including the effective date such insurance coverage is canceled or expires, shall be payable on demand by the Credit Loan Parties to the Lender, together with interest at the Default Rate on such amounts until repaid and any other charges by the Lender in connection with the placement of such insurance. The costs of such insurance, which may be greater than the cost of insurance which the Credit Parties any Loan Party may be able to obtain on its own, together with interest thereon at the Default Rate and any other charges by the Lender in connection with the placement of such insurance may be added to the total Obligations due and owing to the extent not paid by the Credit Partiesowing.
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Maintain Insurance. The Credit Parties’ Obligors shall at all times insure maintain, and keep insured cause each of their respective Subsidiaries to maintain, with the insurance companies described on Schedule 7.29 or with such other insurance companies reasonably acceptable to the Lender, all insurable casualty insurance coverage and such other insurance coverage as may be required by any law or governmental regulation or court decree or order applicable to it (including, without limitation, flood insurance coverage concerning each parcel of real property owned by the Credit Parties which is Obligors or their respective Subsidiaries, if required by the Flood Disaster Protection Act of a character usually insured by companies similarly situated and operating like properties1973), against loss or damage from environmental, fire and such other insurance, to such extent and against such hazards or risks as are customarily insured against by companies similarly situated and operating like properties; and shall similarly insure liabilities, including employers’', public and professional liability risks, as is customarily maintained by companies similarly situated, and shall have insured amounts no less than, the insurance coverage described on Schedule 7.29. Prior The Obligors shall furnish to the date of the funding of any Loans under this Agreement, Borrower shall deliver to Lender a certificate setting forth in summary form reasonable detail the nature and extent of the all insurance maintained pursuant to this Section. All such policies of insurance must by the Obligors, which certificate shall be satisfactory to Lender in relation reasonably acceptable to the amount and term Lender. The Obligors shall cause each issuer of an insurance policy to provide the Obligations and type and value of Lender with an endorsement (a) showing the Collateral and assets of the Credit Parties, shall identify Lender as sole/lender’s 's loss payee and mortgagee with respect to each policy of property or casualty insurance and naming the Lender as an additional insuredinsured with respect to each policy of liability insurance; and (b) providing that thirty (30) days' notice will be given to the Lender prior to any cancellation of, material reduction or change in coverage provided by or other material modification to such policy. Upon request, the Obligors shall execute and deliver to the Lender a collateral assignment, in form and substance satisfactory to the Lender, of each business interruption insurance policy maintained by the Obligors. In the event the Credit Parties Obligors either fail to provide the Lender with evidence of the insurance coverage required by this Section or at any time hereafter shall fail to obtain or maintain any of the policies of insurance required above, or to pay any premium in whole or in part relating thereto, then the Lender, without waiving or releasing any obligation or default by Borrower the Obligors hereunder, may at any time upon providing the Co-Borrowers with three days prior notice (but shall be under no obligation to so act), obtain and LOAN AND SECURITY AGREEMENT - Page 28 70352.000002 EMF_US 26692578v13 maintain such policies of insurance and pay such premium premiums and take any other action with respect thereto, which the Lender deems advisablereasonable. This insurance coverage: coverage (i) may, but need not, protect the Credit Parties’ interest Obligors' interests in such property, including, but not limited to, including the Collateral; , and (ii) may not pay any claim made by, or against, the Credit Parties Obligors in connection with such property, including, but not limited to, including the Collateral. The Credit Parties Obligors may later cancel any such insurance purchased by the Lender, but only after providing the Lender with evidence that the Obligors has obtained the insurance coverage required by this Section is in forceSection. The If the Lender purchases insurance for the Collateral, the Obligors will be responsible for the costs of such insurance obtained by Lenderthat insurance, through and including the effective date such insurance coverage is canceled or expires, shall be payable on demand by the Credit Parties to Lender, together with interest at the Default Rate on such amounts until repaid and any other charges by Lender in connection that may be imposed with the placement of such the insurance, until the effective date of the cancellation or expiration of the insurance. The costs of such insurance, which the insurance may be greater added to the principal amount of the Term Loan owing hereunder. The costs of the insurance may be more than the cost of the insurance which the Credit Parties Obligors may be able to obtain on its their own, together with interest thereon at the Default Rate and any other charges by Lender in connection with the placement of such insurance may be added to the total Obligations due and owing to the extent not paid by the Credit Parties.
Appears in 1 contract
Samples: Loan and Security Agreement (United Western Bancorp Inc)
Maintain Insurance. The Credit Parties’ Borrower shall at all times insure maintain, and keep insured cause each Restricted Subsidiary to maintain, with insurance companies reasonably acceptable to Lenderthe Bank, all insurable property owned such insurance coverage as may be required by the Credit Parties which is of a character usually insured by companies similarly situated and operating like properties, against loss any law or damage from environmental, fire governmental regulation or court decree or order applicable to it and such other insurance, to such extent and against such hazards or risks as are customarily insured against by companies similarly situated and operating like properties; and shall similarly insure liabilities, including employers’, public and professional liability risks. Prior , as is customarily maintained by companies similarly situated, and shall have insured amounts no less than, and deductibles no higher than, are reasonably acceptable to the date of the funding of any Loans under this Agreement, Bank. The Borrower shall deliver furnish to Lender the Bank a certificate setting forth in summary form reasonable detail the nature and extent of the all insurance maintained pursuant to this Section. All such policies of insurance must by the Borrower, which shall be satisfactory to Lender reasonably acceptable in relation all respects to the amount and term Bank. The Borrower shall cause each issuer of an insurance policy to provide the Obligations and type and value of Bank with an endorsement (i) showing the Collateral and assets of the Credit Parties, shall identify Lender Bank as sole/lender’s lender loss payee with respect to each policy of property or casualty insurance and naming the Bank as an additional insuredinsured with respect to each policy of liability insurance; and (ii) providing that thirty (30) days notice will be given to the Bank prior to any cancellation of, material reduction or change in coverage provided by or other material modification to such policy. In the event the Credit Parties fail Borrower either fails to provide Lender the Bank with evidence of the insurance coverage required by this Section or at any time hereafter shall fail to obtain or maintain any of the policies of insurance required above, or to pay any premium in whole or in part relating thereto, then Lenderthe Bank, without waiving or releasing any obligation or default by the Borrower hereunder, may at any time following written notice to Borrower (but shall be under no without any obligation to so act), obtain and maintain such policies of insurance and pay such premium premiums and take any other action with respect thereto, which Lender the Bank deems advisable. This insurance coverage: coverage (ia) may, but need not, protect the Credit Parties’ interest Borrower’s interests in such property, including, but not limited to, including the Collateral; , and (iib) may not pay any claim made by, or against, the Credit Parties Borrower in connection with such property, including, but not limited to, the Collateral. The Credit Parties Borrower may later cancel any such insurance purchased by Lenderthe Bank, but only after providing Lender the Bank with evidence that the Borrower has obtained the insurance coverage required by this Section is in forceSection. The If the Bank purchases insurance for the Collateral, the Borrower will be responsible for the costs of such insurance obtained by Lenderthat insurance, through and including the effective date such insurance coverage is canceled or expires, shall be payable on demand by the Credit Parties to Lender, together with interest at the Default Rate on such amounts until repaid and any other charges by Lender in connection that may be imposed with the placement of such the insurance, until the effective date of the cancellation or expiration of the insurance. The costs of such insurance, which the insurance may be greater added to the principal amount of the Term Loan owing hereunder. The costs of the insurance may be more than the cost of the insurance which the Credit Parties Borrower may be able to obtain on its own, together with interest thereon at the Default Rate and any other charges by Lender in connection with the placement of such insurance may be added to the total Obligations due and owing to the extent not paid by the Credit Parties.
Appears in 1 contract
Maintain Insurance. The Credit Parties’ Nepheli shall at all times insure and keep insured with insurance companies acceptable to LenderBuyer, all insurable property owned by the Credit Parties Nepheli which is of a character usually insured by companies similarly situated and operating like properties, against loss or damage from environmental, fire and such other hazards or risks as are customarily insured against by companies similarly situated and operating like properties; and shall similarly insure employers’, public and professional liability risks. Prior to the date of the funding of any Loans under this AgreementEffective Date, Borrower Nepheli shall deliver to Lender the Buyer a certificate setting forth in summary form the nature and extent of the insurance maintained pursuant to this Section. All such policies of insurance must be satisfactory to Lender Buyer in relation to the amount and term of the Obligations Debentures and the Fee Debentures and type and value of the Collateral and assets Assets of the Credit PartiesNepheli, shall identify Lender Buyer as sole/lender’s loss payee and as an additional insured. In the event the Credit Parties fail Nepheli fails to provide Lender Buyer with evidence of the insurance coverage required by this Section or at any time hereafter shall fail to obtain or maintain any of the policies of insurance required above, or to pay any premium in whole or in part relating thereto, then Lenderthe Buyer, without waiving or releasing any obligation or default by Borrower Nepheli hereunder, may at any time (but shall be under no obligation to so act), obtain and maintain such policies of insurance and pay such premium and take any other action with respect thereto, which Lender Buyer deems advisable. This insurance coverage: (i) may, but need not, protect the Credit Parties’ Nepheli’s interest in such property, including, but not limited to, the Collateral; and (ii) may not pay any claim made by, or against, the Credit Parties Nepheli in connection with such property, including, but not limited to, the Collateral. The Credit Parties Nepheli may later request that the Buyer cancel any such insurance purchased by LenderBuyer, but only after providing Lender Buyer with evidence that the insurance coverage required by this Section is in force. The costs of such insurance obtained by LenderBuyer, through and including the effective date such insurance coverage is canceled or expires, shall be payable on demand by the Credit Parties Nepheli to LenderBuyer, together with interest at the Default Rate highest non-usurious rate permitted by law on such amounts until repaid and any other charges by Lender Buyer in connection with the placement of such insurance. The costs of such insurance, which may be greater than the cost of insurance which the Credit Parties Nepheli may be able to obtain on its own, together with interest thereon at the Default Rate highest non-usurious rate permitted by Law and any other charges incurred by Lender Buyer in connection with the placement of such insurance may be added to the total Obligations due and owing by the Company hereunder and under the Debentures and the Fee Debentures to the extent not paid by the Credit PartiesNepheli.
Appears in 1 contract
Samples: Securities Purchase Agreement (NewLead Holdings Ltd.)
Maintain Insurance. The Credit Parties’ Company shall at all times insure and keep insured with insurance companies acceptable to LenderBuyer, all insurable property owned by the Credit Parties Company which is of a character usually insured by companies similarly situated and operating like properties, against loss or damage from environmental, fire and such other hazards or risks as are customarily insured against by companies similarly situated and operating like properties; and shall similarly insure employers’, public and professional liability risks. Prior to any Closing Date, the date of the funding of any Loans under this Agreement, Borrower Company shall deliver to Lender the Buyer a certificate setting forth in summary form the nature and extent of the insurance maintained pursuant to this Section. All such policies of insurance must be satisfactory to Lender Buyer in relation to the amount and term of the Obligations Debentures and type and value of the Collateral and assets Assets of the Credit PartiesCompany, shall identify Lender Buyer as sole/lender’s loss payee and as an additional insured. In the event the Credit Parties fail Company fails to provide Lender Buyer with evidence of the insurance coverage required by this Section or at any time hereafter shall fail to obtain or maintain any of the policies of insurance required above, or to pay any premium in whole or in part relating thereto, then Lenderthe Buyer, without waiving or releasing any obligation or default by Borrower the Company hereunder, may at any time (but shall be under no obligation to so act), obtain and maintain such policies of insurance and pay such premium and take any other action with respect thereto, which Lender Buyer deems advisable. This insurance coverage: (i) may, but need not, protect the Credit Parties’ Company’s interest in such property, including, but not limited to, the Collateral; and (ii) may not pay any claim made by, or against, the Credit Parties Company in connection with such property, including, but not limited to, the Collateral. The Credit Parties Company may later request that the Buyer cancel any such insurance purchased by LenderBuyer, but only after providing Lender Buyer with evidence that the insurance coverage required by this Section is in force. The costs of such insurance obtained by LenderBuyer, through and including the effective date such insurance coverage is canceled or expires, shall be payable on demand by the Credit Parties Company to LenderBuyer, together with interest at the Default Rate highest non-usurious rate permitted by law on such amounts until repaid and any other charges by Lender Buyer in connection with the placement of such insurance. The costs of such insurance, which may be greater than the cost of insurance which the Credit Parties Company may be able to obtain on its own, together with interest thereon at the Default Rate highest non-usurious rate permitted by Law and any other charges incurred by Lender Buyer in connection with the placement of such insurance may be added to the total Obligations due and owing by the Company hereunder and under the Debentures to the extent not paid by the Credit PartiesCompany.
Appears in 1 contract
Samples: Securities Purchase Agreement (Tootie Pie Company, Inc.)
Maintain Insurance. The Credit Parties’ Each Borrower shall, and shall cause each Subsidiary to, at all times insure times, maintain policies of insurance with insurers, in such amounts and keep on such terms reasonably acceptable to Lender including, as applicable and without limitation, business interruption insurance, hazard coverage on an “all risks” basis for all tangible Collateral, products liability and general liability insurance. Such policies of insurance (or the loss payable and additional insured with endorsements delivered to Lender) shall contain provisions pursuant to which the insurer agrees to provide no less than thirty (30) days prior written notice to Lender in the event of any non-renewal, cancellation or amendment of any such insurance companies acceptable policy. Borrowers shall deliver to Lender, all insurable property owned by the Credit Parties which is of a character usually insured by companies similarly situated in form and operating like properties, against loss or damage from environmental, fire and such other hazards or risks as are customarily insured against by companies similarly situated and operating like properties; and shall similarly insure employers’, public and professional liability risks. Prior to the date of the funding of any Loans under this Agreement, Borrower shall deliver to Lender a certificate setting forth in summary form the nature and extent of the insurance maintained pursuant to this Section. All such policies of insurance must be substance reasonably satisfactory to Lender in relation Lender, endorsements to the amount and term of the Obligations and type and value of the Collateral and assets of the Credit Parties, shall identify (i) all casualty insurance naming Lender as sole/lender’s loss payee payee, and (ii) all general liability and other liability policies naming Lender as an additional insured. In the event the Credit Parties fail to provide Lender with evidence of the insurance coverage required by this Section or If Borrowers at any time hereafter shall fail to obtain or maintain any of the policies of insurance required above, above or to pay any premium in whole or in part all premiums relating thereto, then Lender, without waiving or releasing any obligation or default by Borrower hereunder, Lender may at any time (but shall be under no obligation to so act), thereafter obtain and maintain such policies of insurance and pay such premium premiums and take any other action with respect thereto, which thereto that Lender deems advisable. This Lender shall have no obligation to obtain insurance coverage: (i) may, but need not, protect the Credit Parties’ interest in such property, including, but not limited to, the Collateral; and (ii) may not for Borrowers or pay any claim made bypremiums therefor. By doing so, Lender shall not be deemed to have waived any Default or against, the Credit Parties in connection with such property, including, but not limited to, the Collateral. The Credit Parties may later cancel any Event of Default arising from Borrowers’ failure to maintain such insurance purchased or pay any premiums therefor and shall have no liability to Borrowers for failing to do so. All sums so disbursed by Lender, but only after providing Lender with evidence that the insurance coverage required by this Section is in force. The including premiums, reasonable attorneys’ fees, court costs of such insurance obtained by Lender, through and including the effective date such insurance coverage is canceled or expiresother charges related thereto, shall be payable on demand by the Credit Parties Borrowers to Lender, together with interest at the Default Rate on such amounts until repaid and any other charges by Lender in connection accordance with the placement of such insurance. The costs of such insurance, which may be greater than the cost of insurance which the Credit Parties may be able to obtain on its own, together with interest thereon at the Default Rate and any other charges by Lender in connection with the placement of such insurance may be added to the total Obligations due and owing to the extent not paid by the Credit PartiesSection 3.2(c) hereof.
Appears in 1 contract
Samples: Credit and Security Agreement (Frederick's of Hollywood Group Inc /Ny/)
Maintain Insurance. 7.4.1 The Credit Parties’ Vendor, Domtar and the Corporation shall take all actions necessary to continue to maintain in full force and effect until the Closing Date all policies of insurance with respect to the Corporation and the Business in effect on the Financial Statements Date or duly renew the same upon substantially the same terms and conditions. The Vendor, Domtar and the Corporation will cooperate fully with the Purchaser and take such actions (including, without limitation, placing insurance carriers on notice of this Agreement and/or providing or seeking necessary consents) as the Purchaser may reasonably request to ensure that from and after the Effective Time, the Purchaser will be entitled to make claims (or receive the proceeds of claims) under all insurance policies (whether in the name of the Corporation, Domtar or any other Person) which insure or have insured the Corporation, the Business or the Properties and which are in effect or were in effect at any time prior to the Effective Time. In furtherance of the foregoing, the Vendor, Domtar and the Corporation
(a) will take all times insure reasonable measures to identify and keep insured make copies available to the Purchaser of all historical policies of insurance with insurance companies acceptable respect to Lenderthe Corporation and Business and, at the Purchaser's expense, all insurable property predecessor corporations and businesses which were owned by the Credit Parties which is Corporation and Business;
(b) agree to make all reasonable and necessary attempts to purchase, at the Purchaser's expense, extended reporting coverages or the equivalent thereof for five (5) years from the Closing Date for all current claims made or modified claims made coverages of a character usually insured by companies similarly situated the 53 Corporation and operating like propertiesBusiness including without limitation all casualty, against loss or damage from environmental, fire liability and such other hazards or risks as are customarily insured against by companies similarly situated directors and operating like properties; officers coverages and shall similarly insure employers’, public and professional liability risks. Prior give periodic status reports to the date Purchaser concerning such attempts; and
(c) agree not to release any insurance policies which provide or have provided coverage applicable to the Corporation or the Business without the prior written consent of the funding of any Loans under this Agreement, Borrower shall deliver to Lender a certificate setting forth in summary form Purchaser.
7.4.2 The Vendor and the nature and extent of the insurance maintained pursuant to this Section. All such policies of insurance must be satisfactory to Lender in relation to the amount and term of the Obligations and type and value of the Collateral and assets of the Credit Parties, shall identify Lender as sole/lender’s loss payee and as an additional insured. In the event the Credit Parties fail to provide Lender with evidence of the insurance coverage required by this Section or at any time hereafter shall fail to obtain or maintain any of Purchaser acknowledge that the policies of insurance required aboveapplicable to the Corporation are not necessarily exclusive to the Corporation and that certain coverages and limits may be impaired by claims arising from other companies currently or previously owned by Domtar; however, the Vendor will notify the Purchaser of all such claims and impairment as soon as reasonably practicable. The Vendor and Domtar make no representations or to pay warranties in respect of any premium in whole or in part relating thereto, then Lender, without waiving or releasing any obligation or default by Borrower hereunder, may at any time (but shall be under no obligation to so act), obtain and maintain such policies policy of insurance and pay such premium and take shall not be responsible for any other action allocations, determinations as to coverage or lack thereof or any decision or interpretation made by insurers or their agents with respect thereto, . The Purchaser and the Corporation shall be responsible for any retrospective premiums and associated third party administrator and insurer management and administration costs allocable to the claims experience of the Corporation. The Purchaser recognizes and accepts that the Vendor has in the past and may in the future compromise rights and claims in good faith which Lender deems advisable. This may have an effect on the consumption of aggregate insurance coverage: (i) maylimits and the allocation of retrospective premiums.
7.4.3 As soon as practicable after the Closing Date, but need not, protect no later than thirty (30) Business Days after the Credit Parties’ interest in such property, including, but not limited toClosing Date, the Collateral; Vendor and (ii) may not pay any claim made by, or against, the Credit Parties in connection with such property, including, but not limited to, Purchaser shall enter into an agreement setting forth the Collateral. The Credit Parties may later cancel any such insurance purchased by Lender, but only after providing Lender with evidence that procedures for implementation and administration of the insurance coverage required entitlements and responsibilities provided for by this Section is in force. The costs of such insurance obtained by Lender, through and including the effective date such insurance coverage is canceled or expires, shall be payable on demand by the Credit Parties to Lender, together with interest at the Default Rate on such amounts until repaid and any other charges by Lender in connection with the placement of such insurance. The costs of such insurance, which may be greater than the cost of insurance which the Credit Parties may be able to obtain on its own, together with interest thereon at the Default Rate and any other charges by Lender in connection with the placement of such insurance may be added to the total Obligations due and owing to the extent not paid by the Credit Parties7.4.
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Maintain Insurance. The Credit Parties’ Each Borrower shall at all times insure and keep insured maintain with insurance companies reasonably acceptable to Lender, all insurable property owned such insurance coverage as may be required by the Credit Parties which is of a character usually insured by companies similarly situated and operating like properties, against loss any law or damage from environmental, fire governmental regulation or court decree or order applicable to it and such other insurance, to such extent and against such hazards or risks as are customarily insured against by companies similarly situated and operating like properties; and shall similarly insure liabilities, including employers’, public and professional liability risks, as is customarily maintained by companies similarly situated, and shall have insured amounts no less than, and deductibles no higher than, are reasonably acceptable to Lender. Prior to the date of the funding of any Loans under this Agreement, Each Borrower shall deliver furnish to Lender a certificate setting forth in summary form reasonable detail the nature and extent of the all insurance maintained pursuant by such Borrower, which shall be reasonably acceptable in all respects to this SectionLender. All such policies Each Borrower shall cause each issuer of an insurance must be satisfactory policy to provide Lender in relation to the amount and term of the Obligations and type and value of the Collateral and assets of the Credit Parties, shall identify with an endorsement (i) showing Lender as sole/lender’s loss payee with respect to each policy of property or casualty insurance and naming Lender as an additional insuredinsured with respect to each policy of liability insurance; and (ii) providing that thirty (30) days notice will be given to Lender prior to any cancellation of, material reduction or change in coverage provided by or other material modification to such policy. Each Borrower shall execute and deliver to Lender a collateral assignment, in form and substance satisfactory to Lender, of each business interruption insurance policy maintained by such Borrower. In the event the Credit Parties Borrowers either fail to provide Lender with evidence of the insurance coverage required by this Section or at any time hereafter shall fail to obtain or maintain any of the policies of insurance required above, or to pay any premium in whole or in part relating thereto, then Lender, without waiving or releasing any obligation or default by Borrower Borrowers hereunder, may at any time (but shall be under no obligation to so act), obtain and maintain such policies of insurance and pay such premium premiums and take any other action with respect thereto, which Lender deems advisable. This insurance coverage: coverage (ia) may, but need not, protect the Credit PartiesBorrowers’ interest interests in such property, including, but not limited to, including the Collateral; , and (iib) may not pay any claim made by, or against, the Credit Parties Borrowers in connection with such property, including, but not limited to, including the Collateral. The Credit Parties Borrowers may later cancel any such insurance purchased by Lender, but only after providing Lender with evidence that Borrowers have obtained the insurance coverage required by this Section is in forceSection. The If Lender purchases insurance for the Collateral, Borrowers will be responsible for the costs of such insurance obtained by Lenderthat insurance, through and including the effective date such insurance coverage is canceled or expires, shall be payable on demand by the Credit Parties to Lender, together with interest at the Default Rate on such amounts until repaid and any other charges by Lender in connection that may be imposed with the placement of such the insurance, until the effective date of the cancellation or expiration of the insurance. The costs of such insurance, which the insurance may be greater added to the principal amount of the Loans owing hereunder. The costs of the insurance may be more than the cost of the insurance which the Credit Parties Borrowers may be able to obtain on its own, together with interest thereon at the Default Rate and any other charges by Lender in connection with the placement of such insurance may be added to the total Obligations due and owing to the extent not paid by the Credit Parties.
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Maintain Insurance. The Credit Parties’ Borrowers shall at all times insure and keep insured maintain with insurance companies reasonably acceptable to Lenderthe Bank, all insurable property owned such insurance coverage as may be required by the Credit Parties which is of a character usually insured by companies similarly situated and operating like properties, against loss any law or damage from environmental, fire governmental regulation or court decree or order applicable to it and such other insurance, to such extent and against such hazards or risks as are customarily insured against by companies similarly situated and operating like properties; and shall similarly insure liabilities, including employers’, public and professional liability risks. Prior , as is customarily maintained by companies similarly situated, and shall have insured amounts no less than, and deductibles no higher than, are reasonably acceptable to the date of Bank. The Borrowers shall furnish to the funding of any Loans under this Agreement, Borrower shall deliver to Lender Bank a certificate setting forth in summary form reasonable detail the nature and extent of the all insurance maintained pursuant to this Section. All such policies of insurance must by the Borrowers, which shall be satisfactory to Lender reasonably acceptable in relation all respects to the amount and term Bank. The Borrowers shall cause each issuer of an insurance policy to provide the Obligations and type and value of Bank with an endorsement providing that thirty (30) days notice will be given to the Collateral and assets of the Credit PartiesBank prior to any cancellation of, shall identify Lender as sole/lender’s loss payee and as an additional insuredmaterial reduction or change in coverage provided by or other material modification to such policy. In the event the Credit Parties fail any Borrower either fails to provide Lender the Bank with evidence of the insurance coverage required by this Section or at any time hereafter shall fail to obtain or maintain any of the policies of insurance required above, or to pay any premium in whole or in part relating thereto, then Lenderthe Bank, without waiving or releasing any obligation or default by Borrower the Borrowers hereunder, may at any time (but shall be under no obligation to so act), obtain and maintain such policies of insurance and pay such premium premiums and take any other action with respect thereto, which Lender the Bank deems advisable. This insurance coverage: coverage (ia) may, but need not, protect the Credit Parties’ interest such Borrower’s interests in such property, including, but not limited to, including the Collateral; , and (iib) may not pay any claim made by, or against, the Credit Parties any Borrower in connection with such property, including, but not limited to, including the Collateral. The Credit Parties Borrowers may later cancel any such insurance purchased by Lenderthe Bank, but only after providing Lender the Bank with evidence that the Borrowers have obtained the insurance coverage required by this Section is in forceSection. The If the Bank purchases insurance for the Collateral, the Borrowers will be responsible for the costs of such insurance obtained by Lenderthat insurance, through and including the effective date such insurance coverage is canceled or expires, shall be payable on demand by the Credit Parties to Lender, together with interest at the Default Rate on such amounts until repaid and any other charges by Lender in connection that may be imposed with the placement of such the insurance, until the effective date of the cancellation or expiration of the insurance. The costs of such insurance, which the insurance may be greater added to the principal amount of the Loans owing hereunder. The costs of the insurance may be more than the cost of the insurance which the Credit Parties Borrowers may be able to obtain on its their own, together with interest thereon at the Default Rate and any other charges by Lender in connection with the placement of such insurance may be added to the total Obligations due and owing to the extent not paid by the Credit Parties.
Appears in 1 contract
Samples: Loan and Security Agreement (Smithway Motor Xpress Corp)
Maintain Insurance. The Credit Parties’ Borrower shall at all times insure and keep insured with in insurance companies reasonably acceptable to the Lender, all insurable property owned by the Credit Parties it which is of a character usually insured by companies similarly situated and operating like properties, against loss or damage from environmental, fire and such other hazards or risks as are customarily insured against by companies similarly situated and operating like properties; and shall similarly insure employers’', public and professional liability risks. Prior to the date of the initial funding of any Loans under this Agreementthe Revolving Loans, the Borrower shall deliver to the Lender a certificate setting forth in summary form the nature and extent of the insurance maintained by the Borrower pursuant to this SectionSection 9.3. All such policies of insurance must be satisfactory to the Lender in relation to the amount and term of the Obligations and type and value of the Collateral and assets of the Credit PartiesBorrower, shall identify the Lender as sole/lender’s 's loss payee and as an additional insured. In the event the Credit Parties fail Borrower either fails to provide the Lender with evidence of the insurance coverage required by this Section or at any time hereafter shall fail to obtain or maintain any of the policies of insurance required above, or to pay any premium in whole or in part relating thereto, then the Lender, without waiving or releasing any obligation or default by the Borrower hereunder, may at any time (but shall be under no obligation to so act), obtain and maintain such policies of insurance and pay such premium and take any other action with respect thereto, which the Lender deems advisable. This insurance coverage: coverage (i) may, but need not, protect the Credit Parties’ Borrower's interest in such property, including, but not limited to, to the Collateral; , and (ii) may not pay any claim made by, or against, the Credit Parties Borrower in connection with such property, including, but not limited to, to the Collateral. The Credit Parties Borrower may later cancel any such insurance purchased by the Lender, but only after providing the Lender with evidence that the Borrower has obtained the insurance coverage required by this Section is in forceSection. The costs of such insurance obtained by the Lender, through and including the effective date such insurance coverage is canceled or expires, shall be payable on demand by the Credit Parties Borrower to the Lender, together with interest at the Default Rate on such amounts until repaid and any other charges by the Lender in connection with the placement of such insurance. The costs of such insurance, which may be greater than the cost of insurance which the Credit Parties Borrower may be able to obtain on its own, together with interest thereon at the Default Rate and any other charges by the Lender in connection with the placement of such insurance may be added to the total Obligations due and owing to the extent not paid by the Credit Partiesowing.
Appears in 1 contract
Maintain Insurance. The Credit Parties’ Borrower shall at all times insure and keep insured with in insurance companies acceptable to Lenderthe Bank, all insurable property owned by the Credit Parties it which is of a character usually insured by companies similarly situated and operating like properties, against loss or damage from environmental, fire and such other hazards or risks as are customarily insured against by companies similarly situated and operating like properties; and shall similarly insure employers’', public and professional liability risks. Prior to the date of the funding of any Loans under this Agreementthe Note, the Borrower shall deliver to Lender the Bank a certificate setting forth in summary form the nature and extent of the insurance maintained by the Borrower pursuant to this SectionSection 9. All such policies of insurance must be reasonably satisfactory to Lender the Bank in relation to the amount and term of the Obligations and type and value of the Collateral and assets of the Credit PartiesBorrower, and shall identify Lender the Bank as sole/sole lender’s 's loss payee (to the extent the Bank has a Lien on such assets) and as an additional insured. In the event the Credit Parties fail to provide Lender with evidence of the This insurance coverage required by this Section or at any time hereafter shall fail to obtain or maintain any of the policies of insurance required above, or to pay any premium in whole or in part relating thereto, then Lender, without waiving or releasing any obligation or default by Borrower hereunder, may at any time (but shall be under no obligation to so act), obtain and maintain such policies of insurance and pay such premium and take any other action with respect thereto, which Lender deems advisable. This insurance coverage: (i) may, but need not, protect the Credit Parties’ Borrower's interest in the such property, including, but not limited to, the Collateral; property and (ii) may not pay any claim made by, or against, the Credit Parties Borrower in connection with such property, including, but not limited to, the Collateral. The Credit Parties Borrower may later cancel any such insurance purchased by Lenderthe Bank, but only after providing Lender the Bank with evidence that the Borrower has obtained the insurance coverage required by this Section is in forceSection. The costs of such insurance obtained by Lenderthe Bank, through and including the effective date such insurance coverage is canceled or expires, shall be payable on demand by the Credit Parties Borrower to Lenderthe Bank, together with interest at the Default Rate on such amounts until repaid and any other charges by Lender the Bank in connection with the placement of such insurance. The costs of such insurance, which may be greater than the cost of insurance which the Credit Parties Borrower may be able to obtain on its own, together with interest thereon at the Default Rate and any other charges by Lender the Bank in connection with the placement of such insurance may be added to the total Obligations due and owing to the extent not paid by the Credit Partiesowing.
Appears in 1 contract
Samples: Loan Agreement (Eloyalty Corp)
Maintain Insurance. The Credit Parties’ shall Borrowers will keep its and each of its ------------------- Subsidiaries' insurable properties adequately insured at all times insure by financially sound and keep insured with insurance companies acceptable to Lender, all insurable property owned by the Credit Parties which is of a character usually insured by companies similarly situated and operating like properties, against loss or damage from environmental, fire and reputable insurers; maintain such other hazards or insurance to such extent and against such risks as are customarily insured is reasonable and prudent, including commercial general liability insurance against claims for personal injury or death or property damage occurring upon, in, about or in connection with the use of any properties owned, occupied or controlled by companies similarly situated it, director and operating like propertiesofficer liability insurance and business interruption insurance; and maintain such other insurance as may be required by applicable law, in each case naming the Lender as a loss payee, lien holder/mortgagee or additional insured. Each Borrower shall similarly insure employers’, public and professional liability risks. Prior furnish to the date of the funding of any Loans under this Agreement, Borrower shall deliver to Lender a certificate setting forth in summary form reasonable detail the nature and extent of the all insurance maintained pursuant to this Section. All by such policies of insurance must Borrower, which shall be satisfactory to Lender reasonably acceptable in relation all respects to the amount and term Lender. Each Borrower shall cause each issuer of an insurance policy to provide the Obligations and type and value of Lender with an endorsement (i) showing the Collateral and assets of the Credit Parties, shall identify Lender as sole/lender’s lender loss payee with respect to each policy of property or casualty insurance; and as an additional insured(ii) providing that thirty (30) days notice will be given to the Lender prior to any cancellation of, material reduction or change in coverage provided by or other material modification to such policy. In the event the Credit Parties fail a Borrower either fails to provide the Lender with evidence of the insurance coverage required by this Section or at any time hereafter shall fail to obtain or maintain any of the policies of insurance required above, or to pay any premium in whole or in part relating thereto, then the Lender, without waiving or releasing any obligation or default by such Borrower hereunder, may at any time (but shall be under no obligation to so act), obtain and maintain such policies of insurance and pay such premium premiums and take any other action with respect thereto, which the Lender deems advisable. This insurance coverage: coverage (ia) may, but need not, protect the Credit Parties’ interest such Borrower's interests in such property, including, but not limited to, the Collateral; , and (iib) may not pay any claim made by, or against, the Credit Parties such Borrower in connection with such property, including, but not limited to, the Collateral. The Credit Parties Such Borrower may later cancel any such insurance purchased by the Lender, but only after providing the Lender with evidence that such Borrower has obtained the insurance coverage required by this Section is in forceSection. The If the Lender purchases insurance for the Collateral, such Borrower will be responsible for the costs of such insurance obtained by Lenderthat insurance, through and including the effective date such insurance coverage is canceled or expires, shall be payable on demand by the Credit Parties to Lender, together with interest at the Default Rate on such amounts until repaid and any other charges by Lender in connection that may be imposed with the placement of such the insurance, until the effective date of the cancellation or expiration of the insurance. The costs of such insurance, which the insurance may be greater added to the principal amount of the Loans owing hereunder by such Borrower. The costs of the insurance may be more than the cost of the insurance which the Credit Parties such Borrower may be able to obtain on its own, together with interest thereon at the Default Rate and any other charges by Lender in connection with the placement of such insurance may be added to the total Obligations due and owing to the extent not paid by the Credit Parties.
Appears in 1 contract
Maintain Insurance. The Credit Parties’ Borrower shall at all times insure and keep insured with insurance companies acceptable to Lenderthe Agent, all insurable property owned by the Credit Parties it which is of a character usually insured by companies similarly situated and operating like properties, against loss or damage from environmental, fire and such other hazards or risks as are customarily insured against by companies similarly situated and operating like properties; and shall similarly insure employers’', public and professional liability risks. Borrower shall maintain such insurance policies are outlined on Exhibit "F" attached hereto. Prior to the date of the funding of any Loans under this Agreementthe Note, the Borrower shall deliver to the Lender a certificate setting forth in summary form the nature and extent of the insurance maintained by the Borrower pursuant to this SectionSection 10. All such policies of insurance must be satisfactory to Lender the Agent in relation to the amount and term of the Obligations and type and value of the Collateral and assets of the Credit PartiesBorrower, shall identify Lender the Agent on behalf of the Lenders as sole/lender’s sole loss payee or mortgagee and as an additional insured. In the event the Credit Parties fail Borrower either fails to provide Lender the Agent with evidence of the insurance coverage required by this Section or at any time hereafter shall fail to obtain or maintain any of the policies of insurance required above, or to pay any premium in whole or in part relating thereto, then Lenderthe Agent, without waiving or releasing any obligation or default by the Borrower hereunder, may at any time (but shall be under no obligation to so act), obtain and maintain such policies of insurance and pay such premium and take any other action with respect thereto, which Lender the Agent deems advisable. This insurance coverage: coverage (i) may, but need not, protect the Credit Parties’ Borrower's interest in the such property, including, but not limited to, to the Collateral; , and (ii) may not pay any claim made by, or against, the Credit Parties Borrower in connection with such property, including, but not limited to, to the Collateral. The Credit Parties Borrower may later cancel any such insurance purchased by Lenderthe Agent, but only after providing Lender the Agent with evidence that the Borrower has obtained the insurance coverage required by this Section is in forceSection. The costs of such insurance obtained by Lenderthe Agent, through and including the effective date such insurance coverage is canceled or expires, shall be payable on demand by the Credit Parties Borrower to Lenderthe Agent, together with interest at the Default Rate on such amounts until repaid and any other charges by Lender the Agent in connection with the placement of such insurance. The costs of such insurance, which may be greater than the cost of insurance which the Credit Parties Borrower may be able to obtain on its own, together with interest thereon at the Default Rate and any other charges by Lender the Agent in connection with the placement of such insurance may be added to the total Obligations due and owing to the extent not paid by the Credit Partiesowing.
Appears in 1 contract
Maintain Insurance. The Credit Parties’ Borrower shall at all times insure and keep insured with in insurance companies reasonably acceptable to Lenderthe Bank, all insurable property owned by the Credit Parties it which is of a character usually insured by companies similarly situated and operating like properties, against loss or damage from environmental, fire and such other hazards or risks as are customarily insured against by companies similarly situated and operating like properties; and shall similarly insure employers’', public and professional liability risks. Prior to the date of the funding of any Loans under this Agreementthe Notes, the Borrower shall deliver to Lender the Bank a certificate setting forth in summary form the nature and extent of the insurance maintained by the Borrower pursuant to this SectionSection 9. All such policies of insurance must be reasonably satisfactory to Lender the Bank in relation to the amount and term of the Obligations and type and value of the Collateral and assets of the Credit PartiesBorrower, shall identify Lender the Bank as sole/lender’s 's loss payee and as an additional insured. In the event the Credit Parties fail Borrower either fails to provide Lender the Bank with evidence of the insurance coverage required by this Section or at any time hereafter shall fail to obtain or maintain any of the policies of insurance required above, or to pay any premium in whole or in part relating thereto, then Lenderthe Bank, without waiving or releasing any obligation or default by the Borrower hereunder, may at any time (but shall be under no obligation to so act), obtain and maintain such policies of insurance and pay such premium and take any other action with respect thereto, which Lender the Bank deems advisable. This insurance coverage: coverage (i) may, but need not, protect the Credit Parties’ Borrower's interest in such property, including, but not limited to, to the Collateral; , and (ii) may not pay any claim made by, or against, the Credit Parties Borrower in connection with such property, including, but not limited to, to the Collateral. The Credit Parties Borrower may later cancel any such insurance purchased by Lenderthe Bank, but only after providing Lender the Bank with evidence that the Borrower has obtained the insurance coverage required by this Section is in forceSection. The costs of such insurance obtained by Lenderthe Bank, through and including the effective date such insurance coverage is canceled or expires, shall be payable on demand by the Credit Parties Borrower to Lenderthe Bank, together with interest at the Default Rate on such amounts until repaid and any other charges by Lender the Bank in connection with the placement of such insurance. The reasonable costs of such insurance, which may be greater than the cost of insurance which the Credit Parties Borrower may be able to obtain on its own, together with interest thereon at the Default Rate and any other charges by Lender the Bank in connection with the placement of such insurance may be added to the total Obligations due and owing to the extent not paid by the Credit Partiesowing.
Appears in 1 contract
Samples: Loan and Security Agreement (Fortune Industries, Inc.)
Maintain Insurance. The Credit Parties’ Each Borrower shall at all times insure and keep insured with insurance companies acceptable to Lender, all insurable property owned by the Credit Parties each Borrower which is of a character usually insured by companies similarly situated and operating like properties, against loss or damage from environmental, fire and such other hazards or risks as are customarily insured against by companies similarly situated and operating like properties; and shall similarly insure employers’, public and professional liability risks. Prior to the date of the funding of any Loans under this Agreement, each Borrower shall deliver to Lender a certificate setting forth in summary form the nature and extent of the insurance maintained pursuant to this Section. All such policies of insurance must be reasonably satisfactory to Lender in relation to the amount and term of the Obligations and type and value of the Collateral and assets of the Credit Partieseach Borrower, shall identify Lender as sole/lender’s loss payee and as an additional insured. In the event the Credit Parties fail any Borrower fails to provide Lender with evidence of the insurance coverage required by this Section or at any time hereafter shall fail to obtain or maintain any of the policies of insurance required above, or to pay any premium in whole or in part relating thereto, then Lender, without waiving or releasing any obligation or default by any Borrower hereunder, may at any time (but shall be under no obligation to so act), obtain and maintain such policies of insurance and pay such premium and take any other action with respect thereto, which Lender deems advisable. This insurance coverage: (i) may, but need not, protect the Credit Parties’ any Borrower’s interest in such property, including, but not limited to, the Collateral; and (ii) may not pay any claim made by, or against, the Credit Parties any Borrower in connection with such property, including, but not limited to, the Collateral. The Credit Parties Any Borrower may later cancel any such insurance purchased by Lender, but only after providing Lender with evidence that the insurance coverage required by this Section is in force. The costs of such insurance obtained by Lender, through and including the effective date such insurance coverage is canceled or expires, shall be payable on demand by the Credit Parties Borrowers to Lender, together with interest at the Default Rate on such amounts until repaid and any other charges by Lender in connection with the placement of such insurance. The costs of such insurance, which may be greater than the cost of insurance which the Credit Parties any Borrower may be able to obtain on its own, together with interest thereon at the Default Rate and any other charges by Lender in connection with the placement of such insurance may be added to the total Obligations due and owing to the extent not paid within five (5) Business Days after demand by the Credit Partiesany applicable Borrower.
Appears in 1 contract
Samples: Credit Agreement (Blue Earth, Inc.)
Maintain Insurance. The Credit Parties’ Borrower shall at all times insure maintain, and keep insured cause each Subsidiary to maintain, with insurance companies reasonably acceptable to Lender, all insurable property owned such insurance coverage as may be required by the Credit Parties which is of a character usually insured by companies similarly situated and operating like properties, against loss any law or damage from environmental, fire governmental regulation or court decree or order applicable to it and such other insurance, to such extent and against such hazards or risks as are customarily insured against by companies similarly situated and operating like properties; and shall similarly insure liabilities, including employers’, public and professional liability risks, as is customarily maintained by companies similarly situated, and shall have insured amounts no less than, and deductibles no higher than, are reasonably acceptable to Lender. Prior to the date of the funding of any Loans under this Agreement, Borrower shall deliver furnish to Lender a certificate setting forth in summary form reasonable detail the nature and extent of the all insurance maintained pursuant by Borrower, which shall be reasonably acceptable in all respects to this SectionLender. All Borrower shall cause each issuer of an insurance policy to provide Lender with an endorsement (i) showing Lender as loss payee with respect to each policy of property or casualty insurance; and (ii) providing that thirty (30) days notice will be given to Lender prior to any cancellation of, material reduction or change in coverage provided by or other material modification to such policies of insurance must be policy. Borrower shall execute and deliver to Lender a collateral assignment, in form and substance satisfactory to Lender in relation to the amount and term Lender, of the Obligations and type and value of the Collateral and assets of the Credit Parties, shall identify Lender as sole/lender’s loss payee and as an additional insuredeach business interruption insurance policy maintained by Borrower. In the event the Credit Parties fail Borrower either fails to provide Lender with evidence of the insurance coverage required by this Section or at any time hereafter shall fail to obtain or maintain any of the policies of insurance required above, or to pay any premium in whole or in part relating thereto, then Lender, without waiving or releasing any obligation or default by Borrower hereunder, may at any time (but shall be under no obligation to so act), obtain and maintain such policies of insurance and pay such premium premiums and take any other action with respect thereto, which Lender deems advisable. This insurance coverage: coverage (ia) may, but need not, protect the Credit Parties’ interest Borrower’s interests in such property, including, but not limited to, including the Collateral; , and (iib) may not pay any claim made by, or against, the Credit Parties Borrower in connection with such property, including, but not limited to, including the Collateral. The Credit Parties Borrower may later cancel any such insurance purchased by Lender, but only after providing Lender with evidence that Borrower has obtained the insurance coverage required by this Section is in forceSection. The If Lender purchases insurance for the Collateral, Borrower will be responsible for the costs of such insurance obtained by Lenderthat insurance, through and including the effective date such insurance coverage is canceled or expires, shall be payable on demand by the Credit Parties to Lender, together with interest at the Default Rate on such amounts until repaid and any other charges by Lender in connection that may be imposed with the placement of such the insurance, until the effective date of the cancellation or expiration of the insurance. The costs of such insurance, which the insurance may be greater added to the principal amount of the Loans owing hereunder. The costs of the insurance may be more than the cost of the insurance which the Credit Parties Borrower may be able to obtain on its own, together with interest thereon at the Default Rate and any other charges by Lender in connection with the placement of such insurance may be added to the total Obligations due and owing to the extent not paid by the Credit Parties.
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Maintain Insurance. The Credit Parties’ Borrower shall at all times insure and keep insured maintain insurance with insurance companies acceptable to Lender, Lender (i) for all insurable property owned by the Credit Parties which it that is of a character usually insured by companies similarly situated and operating like propertiessituated, insuring against any loss or damage from environmental, fire and such other hazards or risks as are customarily insured against by companies similarly situated situated, and operating like properties; and shall similarly insure (ii) for employers’, public and professional liability risks. Prior to the date of the funding of any Loans under this Agreement, Borrower shall deliver to Lender a certificate setting forth in summary form the nature and extent of the insurance maintained by Borrower pursuant to this SectionSection 9.3. All such policies of insurance must be satisfactory to Lender in relation to the amount and term of the Obligations and type and value of the Collateral and assets of the Credit PartiesBorrower, and shall identify Lender as sole/lender’s loss payee and or as an additional insured. In the event the Credit Parties fail If Borrower either fails to provide Lender with evidence of the insurance coverage required by this Section 9.3 or at any time hereafter shall fail fails to obtain or maintain any of the policies of insurance required above, or if Borrower fails to pay any premium in whole or in part relating thereto, then Lender, without waiving or releasing any obligation or default by Borrower hereunderunder this Agreement, may at any time (but shall be under has no obligation to so act), to) obtain and maintain such policies of insurance and pay such premium and take any other action with respect thereto, which thereto that Lender deems advisable. This Such insurance coverage: coverage obtained by Lender (ia) may, may but need not, not protect the Credit Parties’ Borrower’s interest in such property, including, but not limited to, the Collateral; property and (iib) may not pay any claim made by, by or against, the Credit Parties against Borrower in connection with such property, including, but not limited to, the Collateral. The Credit Parties Borrower may later cancel any such insurance purchased by Lender, but only after providing Lender with evidence that Borrower has obtained the insurance coverage required by this Section is in force9.3. The costs of such insurance obtained by Lender, Lender through and including the effective date such insurance coverage is canceled or expires, shall expires (which may be payable greater than the cost of insurance that Borrower may be able to obtain on demand by the Credit Parties to Lenderits own), together with interest at the Default Rate on such amounts until repaid and any other charges incurred by Lender in connection with the placement of such insurance. The costs of such insurance, which may be greater than the cost of insurance which the Credit Parties may be able to obtain on its own, and together with interest thereon at the Default Rate on such amounts until repaid, shall be part of the Obligations payable under this Agreement and any other charges shall be payable on demand by Lender in connection with the placement of such insurance may be added Borrower to the total Obligations due and owing to the extent not paid by the Credit PartiesLender.
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Samples: Loan and Security Agreement (Itt Educational Services Inc)
Maintain Insurance. The Credit Parties’ Debtor shall at all times insure maintain, and keep insured cause each Subsidiary to maintain, with Borrower’s current insurers or such other insurance companies reasonably acceptable to Lenderthe Bank, all insurable property owned such insurance coverage as may be required by the Credit Parties which is of a character usually insured by companies similarly situated and operating like properties, against loss any law or damage from environmental, fire governmental regulation or court decree or order applicable to it and such other insurance, to such extent and against such hazards or risks as are customarily insured against by companies similarly situated and operating like properties; and shall similarly insure liabilities, including employers’, public and professional liability risks. Prior , as is customarily maintained by companies similarly situated, and shall have insured amounts no less than, and deductibles no higher than, the amounts in effect as of the date hereof or such other limits that may hereafter be reasonably requested by, or are reasonably acceptable to the date of Bank. The Debtor shall furnish to the funding of any Loans under this Agreement, Borrower shall deliver to Lender Bank a certificate setting forth in summary form reasonable detail the nature and extent of the all insurance maintained pursuant to this Section. All such policies of insurance must by the Debtor, which shall be satisfactory to Lender reasonably acceptable in relation all respects to the amount and term Bank. The Debtor shall cause each issuer of an insurance policy to provide the Obligations and type and value of Bank with an endorsement (i) showing the Collateral and assets of the Credit Parties, shall identify Lender Bank as sole/lender’s loss payee with respect to each policy of property or casualty insurance; and as an additional insured(ii) providing that thirty (30) days notice will be given to the Bank prior to any cancellation of, material reduction or change in coverage provided by or other material modification to such policy. In the event the Credit Parties fail Debtor either fails to provide Lender the Bank with evidence of the insurance coverage required by this Section or at any time hereafter shall fail to obtain or maintain any of the policies of insurance required above, or to pay any premium in whole or in part relating thereto, then Lenderthe Bank, without waiving or releasing any obligation or default by Borrower the Debtor hereunder, may at any time (but shall be under no obligation to so act), obtain and maintain such policies of insurance and pay such premium premiums and take any other action with respect thereto, which Lender the Bank deems advisable. This insurance coverage: coverage (ia) may, but need not, protect the Credit Parties’ interest Debtor’s interests in such property, including, but not limited to, including the Collateral; , and (iib) may not pay any claim made by, or against, the Credit Parties Debtor in connection with such property, including, but not limited to, including the Collateral. The Credit Parties Debtor may later cancel any such insurance purchased by Lenderthe Bank, but only after providing Lender the Bank with evidence that the Debtor has obtained the insurance coverage required by this Section is in forceSection. The If the Bank purchases insurance for the Collateral, the Debtor will be responsible for the costs of such insurance obtained by Lenderthat insurance, through and including the effective date such insurance coverage is canceled or expires, shall be payable on demand by the Credit Parties to Lender, together with interest at the Default Rate on such amounts until repaid and any other charges by Lender in connection that may be imposed with the placement of such the insurance, until the effective date of the cancellation or expiration of the insurance. The costs of such insurance, which the insurance may be greater added to the principal amount of the Loans owing hereunder. The costs of the insurance may be more than the cost of the insurance which the Credit Parties Debtor may be able to obtain on its own, together with interest thereon at the Default Rate and any other charges by Lender in connection with the placement of such insurance may be added to the total Obligations due and owing to the extent not paid by the Credit Parties.
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Maintain Insurance. The Credit Parties’ Company and the Corporate Guarantors shall at all times insure and keep insured with insurance companies acceptable to LenderBuyer, all insurable property owned by the Credit Parties Company and the Corporate Guarantors which is of a character usually insured by companies similarly situated and operating like properties, against loss or damage from environmental, fire and such other hazards or risks as are customarily insured against by companies similarly situated and operating like properties; and shall similarly insure employers’, public and professional liability risks. Prior to the date of Effective Date, the funding of any Loans under this Agreement, Borrower Company and the Corporate Guarantors shall deliver to Lender the Buyer a certificate setting forth in summary form the nature and extent of the insurance maintained pursuant to this Section. All such policies of insurance must be satisfactory to Lender Buyer in relation to the amount and term of the Obligations Debentures and the Fee Debenture and type and value of the Collateral and assets Assets of the Credit PartiesCompany and the Corporate Guarantors, shall identify Lender Buyer as sole/lender’s loss payee and as an additional insured. In the event the Credit Parties Company and the Corporate Guarantors fail to provide Lender Buyer with evidence of the insurance coverage required by this Section or at any time hereafter shall fail to obtain or maintain any of the policies of insurance required above, or to pay any premium in whole or in part relating thereto, then Lenderthe Buyer, without waiving or releasing any obligation or default by Borrower the Company and the Corporate Guarantors hereunder, may at any time (but shall be under no obligation to so act), obtain and maintain such policies of insurance and pay such premium and take any other action with respect thereto, which Lender Buyer deems advisable. This insurance coverage: (i) may, but need not, protect the Credit PartiesCompany and the Corporate Guarantors’ interest in such property, including, but not limited to, the Collateral; and (ii) may not pay any claim made by, or against, the Credit Parties Company and the Corporate Guarantors in connection with such property, including, but not limited to, the Collateral. The Credit Parties Company and the Corporate Guarantors may later request that the Buyer cancel any such insurance purchased by LenderBuyer, but only after providing Lender Buyer with evidence that the insurance coverage required by this Section is in force. The costs of such insurance obtained by LenderBuyer, through and including the effective date such insurance coverage is canceled or expires, shall be payable on demand by the Credit Parties Company and the Corporate Guarantors to LenderBuyer, together with interest at the Default Rate highest non-usurious rate permitted by law on such amounts until repaid and any other charges by Lender Buyer in connection with the placement of such insurance. The costs of such insurance, which may be greater than the cost of insurance which the Credit Parties Company and the Corporate Guarantors may be able to obtain on its own, together with interest thereon at the Default Rate highest non-usurious rate permitted by Law and any other charges incurred by Lender Buyer in connection with the placement of such insurance may be added to the total Obligations due and owing by the Company and the Corporate Guarantors hereunder and under the Debentures to the extent not paid by the Credit Parties.
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Samples: Securities Purchase Agreement (Inventergy Global, Inc.)