Common use of Maintenance of Insurance and Properties Clause in Contracts

Maintenance of Insurance and Properties. (a) Borrower and its Subsidiaries shall: (i) Maintain, and shall not take any steps to cancel, buy out or remove any of the Borrower Parties as an insured from, any and all business interruption insurance policies maintained by Borrower Party as of the date of this Agreement, except to the extent replaced with policies having coverage that is substantially the same or otherwise usual and customary for the Borrower Parties and within the Borrower Parties’ industry for Persons that are similar in size, scope of activity, and condition to the Borrower Parties. (ii) Keep its insurable properties (including Included Products) adequately insured at all times by financially sound and reputable insurers; maintain such other insurance, to such extent and against such risks, as is customary with companies in the same or similar businesses operating in the same or similar locations, but in any event including public 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 it or occurring in connection with any Included Product; and maintain such other insurance as may be required by Law. CERTAIN CONFIDENTIAL PORTIONS OF THIS EXHIBIT WERE OMITTED AND REPLACED WITH “[***]”. A COMPLETE VERSION OF THIS EXHIBIT HAS BEEN FILED SEPARATELY WITH THE SECRETARY OF THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO AN APPLICATION REQUESTING CONFIDENTIAL TREATMENT UNDER RULE 406 PROMULGATED UNDER THE SECURITIES ACT OF 1933, AS AMENDED. (iii) Cause all such policies covering any Collateral to be endorsed or otherwise amended to include a customary lender’s loss payable endorsement, in form and substance reasonably satisfactory to Lender; deliver copies of all such policies to Lender; cause each such policy to provide that it shall not be canceled, modified or not renewed (i) by reason of nonpayment of premium upon not less than [***] days’ prior written notice thereof by the insurer to Lender (giving Lender the right to cure defaults in the payment of premiums) or (ii) for any other reason upon not less than [***] days’ prior written notice thereof by the insurer to Lender; deliver to Lender, prior to the cancellation, modification or nonrenewal of any such policy of insurance, a copy of a renewal or replacement policy (or other evidence of renewal of a policy previously delivered to Lender) together with evidence reasonably satisfactory to Lender of payment of the premium therefor. (iv) Carry and maintain comprehensive general liability insurance and coverage on an occurrence basis against claims made for personal injury (including bodily injury, death and property damage) and umbrella liability insurance against any and all claims, for a combined single limit consistent with past practices or as otherwise usual and customary for Borrower and within Borrower’s industry for Persons that are similar in size, scope of activity, and condition to Borrower, naming Lender as an additional insured, on forms satisfactory to Lender. (v) Notify Lender promptly whenever any separate insurance concurrent in form or contributing in the event of loss with that required to be maintained under this Section 9.05 is taken out by Borrower or any of its Subsidiaries; and promptly deliver to Lender a duplicate copy of such policy or policies. (vi) Maintain and preserve all of its properties that are necessary in the conduct of the business of Borrower in good working order and condition, ordinary wear and tear excepted. (b) In the event of a failure by Borrower to provide and maintain insurance as herein provided, Lender may, at its option, and (except while an Event of Default has occurred and is continuing) upon notice to Borrower, provide such insurance and charge the amount thereof to Borrower (which amounts shall be payable upon demand by Lender).

Maintenance of Insurance and Properties. (a) Borrower The Company shall, and shall cause its Subsidiaries shallto, (1) obtain, prior to the Issue Date, mortgagee title insurance policies insuring a first mortgage lien on the real estate portion of the Collateral, as constituted on the Issue Date, subject to certain exceptions, in an amount not less than the principal amount of the Notes; and (2) with respect to each Mortgaged Property, from and at all times after the Issue Date until the Notes have been paid in full, have and maintain in effect insurance with responsible carriers against such risks and in such amounts as is customarily carried by similar businesses with such deductibles, retentions, self-insured amounts and coinsurance provisions as are customarily carried by similar businesses of similar size, including, without limitation, property and casualty, and, with respect to insurance on the Collateral, shall maintain the following insurance policies and coverages with policy limits and deductibles in such amounts as would be maintained by a Prudent Operator or as the Collateral Agent may otherwise reasonably request: (i) MaintainPhysical hazard insurance on an "all risk" basis covering, and shall not take any steps without limitation, hazards commonly covered by such policies, in an amount equal to cancel, buy out or remove any the full replacement cost of the Borrower Parties as an insured from, any Mortgaged Property and all business interruption insurance policies maintained by Borrower Party as of the date of this Agreement, except to the extent replaced with policies having coverage that is substantially the same or otherwise usual and customary for the Borrower Parties and within the Borrower Parties’ industry for Persons that are similar in size, scope of activity, and condition to the Borrower Parties.Equipment; (ii) Keep its insurable properties (including Included Products) adequately insured at all times by financially sound and reputable insurers; maintain such other insurance, to such extent and against such risks, as is customary with companies in the same or similar businesses operating in the same or similar locations, but in any event including public Commercial general liability insurance against claims for personal injury or bodily injury, death or property damage occurring uponon, inin or about the Mortgaged Property (and any other adjoining streets, about sidewalks and passageways) and other Collateral covering such matters as are customarily covered by such policies, arising out of or in connection connected with the use possession, use, leasing, operation or condition of any properties owned, occupied or controlled by it or occurring in connection with any Included Product; and maintain such other insurance as may be required by Law. CERTAIN CONFIDENTIAL PORTIONS OF THIS EXHIBIT WERE OMITTED AND REPLACED WITH “[***]”. A COMPLETE VERSION OF THIS EXHIBIT HAS BEEN FILED SEPARATELY WITH THE SECRETARY OF THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO AN APPLICATION REQUESTING CONFIDENTIAL TREATMENT UNDER RULE 406 PROMULGATED UNDER THE SECURITIES ACT OF 1933, AS AMENDED.the Collateral; (iii) Cause all such policies covering any Collateral to be endorsed or otherwise amended to include a customary lender’s loss payable endorsement, Explosion insurance in form and substance reasonably satisfactory to Lender; deliver copies of all such policies to Lender; cause each such policy to provide that it shall not be canceled, modified or not renewed (i) by reason of nonpayment of premium upon not less than [***] days’ prior written notice thereof by the insurer to Lender (giving Lender the right to cure defaults in the payment of premiums) or (ii) for any other reason upon not less than [***] days’ prior written notice thereof by the insurer to Lender; deliver to Lender, prior to the cancellation, modification or nonrenewal respect of any such policy of insuranceboilers, a copy of a renewal machinery and similar apparatus located on or replacement policy (or other evidence of renewal of a policy previously delivered to Lender) together with evidence reasonably satisfactory to Lender of payment of comprising the premium therefor.Mortgaged Property and Equipment; (iv) Carry and maintain comprehensive general liability insurance and coverage on If the Mortgaged Property is located in an occurrence basis against claims made for personal injury (including bodily injury, death and property damage) and umbrella liability insurance against any and all claims, for a combined single limit consistent with past practices or as otherwise usual and customary for Borrower and within Borrower’s industry for Persons that are similar in size, scope of activity, and condition to Borrower, naming Lender area identified by the Federal Emergency Management Agency as an additional insuredarea having special flood hazards pursuant to the National Flood Insurance Act of 1968 or the Flood Disaster Protection Act of 1973, on forms satisfactory to Lender.each as amended, or any successor laws, flood insurance; (v) Notify Lender promptly whenever any separate Worker's compensation insurance concurrent in form or contributing as required by the laws of the state where the Collateral is located to protect the Pledgors and the Collateral Agent against claims for injuries sustained in the event course of loss with that required to be maintained under this Section 9.05 is taken out by Borrower or any employment at the premises of its Subsidiariesthe Pledgors; and promptly deliver to Lender a duplicate copy of such policy or policies.and (vi) Maintain and preserve all Such other types of its properties that insurance against such risks as the Collateral Agent may from time to time reasonably require to the extent such Insurance is commercially available at commercially reasonable prices to the extent secured lenders are necessary requiring borrowers to obtain such insurance in the conduct connection with financings of the business of Borrower in good working order and condition, ordinary wear and tear exceptedtype contemplated by this Indenture. (b) In the event of a failure by Borrower to provide and maintain Each insurance as herein provided, Lender may, at its option, and (except while an Event of Default has occurred and is continuing) upon notice to Borrower, provide such insurance and charge the amount thereof to Borrower (which amounts shall be payable upon demand by Lenderpolicy described in Section 4.18(a).

Maintenance of Insurance and Properties. (a) Borrower The Company shall, and shall cause its Subsidiaries shallto, (1) obtain, prior to the Issue Date, mortgagee title insurance policies insuring a second mortgage lien on the real estate portion of the Collateral, as constituted on the Issue Date, subject to certain exceptions, in an amount not less than the principal amount of the Notes; and (2) with respect to each Mortgaged Property, from and at all times after the Issue Date until the Notes have been paid in full, have and maintain in effect insurance with responsible carriers against such risks and in such amounts as is customarily carried by similar businesses with such deductibles, retentions, self-insured amounts and coinsurance provisions as are customarily carried by similar businesses of similar size, including, without limitation, property and casualty, and, with respect to insurance on the Collateral, shall maintain the following insurance policies and coverages with policy limits and deductibles in such amounts as would be maintained by a Prudent Operator or as the Collateral Agent may otherwise reasonably request: (i) MaintainPhysical hazard insurance on an "all risk" basis covering, and shall not take any steps without limitation, hazards commonly covered by such policies, in an amount equal to cancel, buy out or remove any the full replacement cost of the Borrower Parties as an insured from, any Mortgaged Property and all business interruption insurance policies maintained by Borrower Party as of the date of this Agreement, except to the extent replaced with policies having coverage that is substantially the same or otherwise usual and customary for the Borrower Parties and within the Borrower Parties’ industry for Persons that are similar in size, scope of activity, and condition to the Borrower Parties.Equipment; (ii) Keep its insurable properties (including Included Products) adequately insured at all times by financially sound and reputable insurers; maintain such other insurance, to such extent and against such risks, as is customary with companies in the same or similar businesses operating in the same or similar locations, but in any event including public Commercial general liability insurance against claims for personal injury or bodily injury, death or property damage occurring uponon, inin or about the Mortgaged Property (and any other adjoining streets, about sidewalks and passageways) and other Collateral covering such matters as are customarily covered by such policies, arising out of or in connection connected with the use possession, use, leasing, operation or condition of any properties owned, occupied or controlled by it or occurring in connection with any Included Product; and maintain such other insurance as may be required by Law. CERTAIN CONFIDENTIAL PORTIONS OF THIS EXHIBIT WERE OMITTED AND REPLACED WITH “[***]”. A COMPLETE VERSION OF THIS EXHIBIT HAS BEEN FILED SEPARATELY WITH THE SECRETARY OF THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO AN APPLICATION REQUESTING CONFIDENTIAL TREATMENT UNDER RULE 406 PROMULGATED UNDER THE SECURITIES ACT OF 1933, AS AMENDED.the Collateral; (iii) Cause all such policies covering any Collateral to be endorsed or otherwise amended to include a customary lender’s loss payable endorsement, Explosion insurance in form and substance reasonably satisfactory to Lender; deliver copies of all such policies to Lender; cause each such policy to provide that it shall not be canceled, modified or not renewed (i) by reason of nonpayment of premium upon not less than [***] days’ prior written notice thereof by the insurer to Lender (giving Lender the right to cure defaults in the payment of premiums) or (ii) for any other reason upon not less than [***] days’ prior written notice thereof by the insurer to Lender; deliver to Lender, prior to the cancellation, modification or nonrenewal respect of any such policy of insuranceboilers, a copy of a renewal machinery and similar apparatus located on or replacement policy (or other evidence of renewal of a policy previously delivered to Lender) together with evidence reasonably satisfactory to Lender of payment of comprising the premium therefor.Mortgaged Property and Equipment; (iv) Carry and maintain comprehensive general liability insurance and coverage on If the Mortgaged Property is located in an occurrence basis against claims made for personal injury (including bodily injury, death and property damage) and umbrella liability insurance against any and all claims, for a combined single limit consistent with past practices or as otherwise usual and customary for Borrower and within Borrower’s industry for Persons that are similar in size, scope of activity, and condition to Borrower, naming Lender area identified by the Federal Emergency Management Agency as an additional insuredarea having special flood hazards pursuant to the National Flood Insurance Act of 1968 or the Flood Disaster Protection Act of 1973, on forms satisfactory to Lender.each as amended, or any successor laws, flood insurance; (v) Notify Lender promptly whenever any separate Worker's compensation insurance concurrent in form or contributing as required by the laws of the state where the Collateral is located to protect the Pledgors and the Collateral Agent against claims for injuries sustained in the event course of loss with that required to be maintained under this Section 9.05 is taken out by Borrower or any employment at the premises of its Subsidiariesthe Pledgors; and promptly deliver to Lender a duplicate copy of such policy or policies.and (vi) Maintain and preserve all Such other types of its properties that insurance against such risks as the Collateral Agent may from time to time reasonably require to the extent such Insurance is commercially available at commercially reasonable prices to the extent secured lenders are necessary requiring borrowers to obtain such insurance in the conduct connection with financings of the business of Borrower in good working order and condition, ordinary wear and tear exceptedtype contemplated by this Indenture. (b) In the event of a failure by Borrower to provide and maintain Each insurance as herein provided, Lender may, at its option, and (except while an Event of Default has occurred and is continuing) upon notice to Borrower, provide such insurance and charge the amount thereof to Borrower (which amounts shall be payable upon demand by Lenderpolicy described in Section 4.18(a).