Maintenance of Insurance Policies. The Servicer will use its reasonable best efforts to ensure that each Obligor maintains an Insurance Policy with respect to any Related Property (other than accounts receivable) in an amount at least equal to the Servicer’s good faith and commercially reasonable estimate of the value of the real property, inventory, and/or equipment constituting such Related Property and shall ensure that each such Insurance Policy names the Servicer as loss payee and as an insured thereunder and all of the Seller’s right, title and interest therein is fully assigned to the Administrative Agent, as agent for the Secured Parties. Additionally, the Servicer will require that each Obligor maintain property damage liability insurance during the term of each Asset in amounts and against risks customarily insured against by the Obligor on property owned by it. If an Obligor fails to maintain property damage insurance, the Servicer may in its discretion purchase and maintain such insurance on behalf of, and at the expense of, the Obligor. In connection with its activities as Servicer, the Servicer agrees to present, on behalf of the Administrative Agent, claims to the insurer under each Insurance Policy and any such liability policy, and to settle, adjust and compromise such claims, in each case, consistent with the terms of each Asset. The Servicer’s Insurance Policies with respect to the Related Property will insure against liability for physical damage relating to such Related Property in accordance with the requirements of the Credit and Collection Policy. The Servicer hereby disclaims any and all right, title and interest in and to any Insurance Policy and Insurance Proceeds with respect to any Related Property, including any Insurance Policy with respect to which it is named as loss payee and as an insured, and agrees that it has no equitable, beneficial or other interest in the Insurance Polices and Insurance Proceeds other than being named as loss payee and as an insured. The Servicer acknowledges that with respect to the Insurance Policies and Insurance Proceeds thereof that it is acting solely in the capacity as agent for the Administrative Agent, as agent for the Secured Parties.
Appears in 17 contracts
Samples: Sale and Servicing Agreement (Capitalsource Inc), Sale and Servicing Agreement (Capitalsource Inc), Sale and Servicing Agreement (Capitalsource Inc)
Maintenance of Insurance Policies. The Servicer will use its reasonable best efforts to ensure that each Obligor (or, in the case of any REO Asset, each REO Asset Owner) maintains an Insurance Policy with respect to any Related Property (other than accounts receivable) or REO Asset, as applicable, in an amount at least equal to the Servicer’s good faith and commercially reasonable estimate of the value of the real property, inventory, and/or equipment constituting such Related Property or REO Asset, as applicable, and shall ensure that each such Insurance Policy names the Servicer as loss payee and as an insured thereunder and all of the Seller’s right, title and interest therein is fully assigned to the Administrative Agent, as agent for the Secured Parties. Additionally, the Servicer will shall require that each Obligor (or, in the case of any REO Asset, each REO Asset Owner) maintain property damage liability insurance during the term of each Loan (or, in the case of a REO Asset, during such period of time as the related REO Asset Owner owns and operates such REO Asset) in amounts and against risks customarily insured against by the Obligor or the REO Asset Owner, as applicable, on property owned by it. If an Obligor or REO Asset Owner, as applicable, fails to maintain property damage insurance, the Servicer may in its discretion purchase and maintain such insurance on behalf of, and at the expense of, the ObligorObligor or REO Asset Owner, as applicable. In connection with its activities as Servicer, the Servicer agrees to present, on behalf of the Administrative Agent, claims to the insurer under each Insurance Policy and any such liability policy, and to settle, adjust and compromise such claims, in each case, consistent with the terms of each AssetLoan. The Servicer’s Insurance Policies with respect to the Related Property or REO Asset, as applicable, will insure against liability for physical damage relating to such Related Property or REO Asset, as applicable, in accordance with the requirements of the Credit and Collection Policy. The Servicer hereby disclaims any and all right, title and interest in and to any Insurance Policy and Insurance Proceeds with respect to any Related PropertyProperty or REO Asset, as applicable, including any Insurance Policy with respect to which it is named as loss payee and as an insured, and agrees that it has no equitable, beneficial or other interest in the Insurance Polices and Insurance Proceeds other than being named as loss payee and as an insured. The Servicer acknowledges that with respect to the Insurance Policies and Insurance Proceeds thereof that it is acting solely in the capacity as agent for the Administrative Agent, as agent for the Secured Parties.
Appears in 7 contracts
Samples: Sale and Servicing Agreement (Capitalsource Inc), Sale and Servicing Agreement (Capitalsource Inc), Sale and Servicing Agreement (Capitalsource Inc)
Maintenance of Insurance Policies. The Servicer will use its reasonable best efforts to ensure that each Obligor (or, in the case of any REO Asset, each REO Asset Owner) maintains an Insurance Policy with respect to any Related Property (other than accounts receivable) or REO Asset, as applicable, in an amount at least equal to the Servicer’s good faith and commercially reasonable estimate of the value of the real property, inventory, and/or equipment constituting such Related Property or REO Asset, as applicable, and shall ensure that each such Insurance Policy names the Servicer as loss payee and as an insured thereunder and all of the applicable Seller’s right, title and interest therein is fully assigned to the Administrative Agent, as agent for the Secured Parties. Additionally, the Servicer will shall require that each Obligor (or, in the case of any REO Asset, each REO Asset Owner) maintain property damage liability insurance during the term of each Loan (or, in the case of a REO Asset, during such period of time as the related REO Asset Owner owns and operates such REO Asset) in amounts and against risks customarily insured against by the Obligor or the REO Asset Owner, as applicable, on property owned by it. If an Obligor or REO Asset Owner, as applicable, fails to maintain property damage insurance, the Servicer may in its discretion purchase and maintain such insurance on behalf of, and at the expense of, the ObligorObligor or REO Asset Owner, as applicable. In connection with its activities as Servicer, the Servicer agrees to present, on behalf of the Administrative Agent, claims to the insurer under each Insurance Policy and any such liability policy, and to settle, adjust and compromise such claims, in each case, consistent with the terms of each AssetLoan. The Servicer’s Insurance Policies with respect to the Related Property or REO Asset, as applicable, will insure against liability for physical damage relating to such Related Property or REO Asset, as applicable, in accordance with the requirements of the Credit and Collection Policy. The Servicer hereby disclaims any and all right, title and interest in and to any Insurance Policy and Insurance Proceeds with respect to any Related PropertyProperty or REO Asset, as applicable, including any Insurance Policy with respect to which it is named as loss payee and as an insured, and agrees that it has no equitable, beneficial or other interest in the Insurance Polices and Insurance Proceeds other than being named as loss payee and as an insured. The Servicer acknowledges that with respect to the Insurance Policies and Insurance Proceeds thereof that it is acting solely in the capacity as agent for the Administrative Agent, as agent for the Secured Parties.
Appears in 3 contracts
Samples: Sale and Servicing Agreement (Capitalsource Inc), Sale and Servicing Agreement (Capitalsource Inc), Sale and Servicing Agreement (Capitalsource Inc)
Maintenance of Insurance Policies. The Servicer will use its reasonable best efforts to ensure that each Obligor maintains an Insurance Policy with respect to any Related Property (other than accounts receivable) in an amount at least equal to the Servicer’s good faith and commercially reasonable estimate sum of the value Outstanding Loan Balance of the real property, inventory, and/or equipment constituting such Related Property related Eligible Loan and shall ensure that each such Insurance Policy names the Servicer as loss payee and as an insured thereunder and all of the Seller’s right, title and interest therein is fully assigned to the Administrative AgentTrustee, as agent for the benefit of the Secured Parties. Additionally, the Servicer will require that each Obligor maintain property damage liability insurance during the term of each Asset in amounts and against risks customarily insured against by the Obligor on property owned by it. If an Obligor fails to maintain property damage insurance, the Servicer may in its discretion purchase and maintain such insurance on behalf of, and at the expense of, the Obligor. In connection with its activities as Servicer, the Servicer agrees to present, on behalf of the Administrative AgentTrustee, claims to the insurer under each Insurance Policy and any such liability policy, and to settle, adjust and compromise such claims, in each case, consistent with the terms of each Asset. The Servicer’s Insurance Policies with respect to the Related Property (if any) will insure against liability for physical damage relating to such Related Property in accordance with the requirements of the Credit and Collection Policy. The Servicer hereby disclaims any and all right, title and interest in and to any Insurance Policy and Insurance Proceeds with respect to any Related Property, including any Insurance Policy with respect to which it is named as loss payee and as an insured, and agrees that it has no equitable, beneficial or other interest in the Insurance Polices and Insurance Proceeds other than being named as loss payee and as an insured. The Servicer acknowledges that with respect to the Insurance Policies and Insurance Proceeds thereof that it is acting solely in the capacity as agent for the Administrative AgentTrustee, as agent for on behalf of the Secured Parties.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (MCG Capital Corp), Sale and Servicing Agreement (MCG Capital Corp)
Maintenance of Insurance Policies. The (a) In the case of Equipment leases, (i) the Servicer will shall use its reasonable best efforts to ensure that each Obligor maintains an Insurance Policy with respect to any Related Property (other than accounts receivable) the related Equipment in an amount at least equal to the Servicer’s good faith and commercially reasonable estimate sum of the value Discounted Contract Balance of the real property, inventory, and/or equipment constituting such Related Property related Contract and shall ensure that each such Insurance Policy names the Servicer as loss payee and as an insured thereunder and all of the Seller’s right, title and interest therein is fully assigned to the Administrative Deal Agent, as agent for the Secured Parties. Additionally, as loss payee and as an insured thereunder; provided, however, that the Servicer, in accordance with its Credit and Collection Policy, may allow Obligors to self-insure, (ii) the Borrower and the Servicer will hereby assign all of their right, title and interest (together with a respective security interest) in each Insurance Policy to the Deal Agent, as agent for the Secured Parties, and (iii) the Servicer shall require that each Obligor maintain property damage liability insurance during the term of each Asset Contract in amounts and against risks customarily insured against by the Obligor on property Equipment owned by it. If an Obligor fails to maintain property damage insurancethe insurance required in this Section 6.5(a), the Servicer may in its discretion shall purchase and maintain such insurance on behalf of, and at the expense of, the Obligor. In connection with its activities as Servicer, the Servicer agrees to present, on behalf of the Administrative AgentDeal Agent as agent for the Secured Parties, claims to the insurer under each Insurance Policy and any such liability policypolicy required in this Section 6.5(a), and to settle, adjust and compromise such claims, in each case, consistent with the terms of each AssetContract. The Servicer’s Insurance Policies 's policies required in this Section 6.5(a) with respect to the Related Property related Equipment will insure against liability for physical personal injury and property damage relating to such Related Property Equipment. All policies required in accordance with this Section 6.5(a) will name the requirements of Deal Agent as agent for the Credit and Collection Policy. The Servicer hereby disclaims any and all right, title and interest in and to any Insurance Policy and Insurance Proceeds with respect to any Related Property, including any Insurance Policy with respect to which it is named Secured Parties as loss payee and as an insuredinsured thereunder and will contain a breach of warranty clause.
(b) In the case of Vehicle leases, the Servicer shall use its best efforts to ensure that the Obligor under each such lease have, and agrees that it has no equitablemaintain in full force and effect during the term of such lease, beneficial or other interest in a comprehensive and collision damage insurance policy covering the Insurance Polices actual cash value of the Vehicle to which such lease relates and Insurance Proceeds other than being named naming the Borrower, the Lender, and the Deal Agent as a loss payee and additional insured, as well as public liability, bodily injury and property damage coverage equal to the greater of the amounts required by applicable state law or industry standards and naming the Borrower, the Lender and the Deal Agent as an additional insured. The Servicer acknowledges that with respect shall remit to the Insurance Policies and Insurance Proceeds thereof that it is acting solely in the capacity Deal Agent as agent for the Administrative AgentLender any proceeds of any such insurance policy in this Section 6.5(b) that the Servicer may receive with respect to any Vehicle lease. In addition to the other provisions of this Section 6.5(b), the Servicer or the Subservicer shall have, and maintain in full force and effect during the term of any Vehicle lease, a "single interest insurance policy" which insures against any risk of loss in respect to any Vehicle due to a failure of the lessee to provide adequate insurance for any mistake or omission in titling and any risk associated with the lessee's misuse, loss, theft or conversion of the related Vehicle. Upon its termination as Servicer, the Servicer shall either continue the coverage described in this Section 6.5(b) for the benefit of the Borrower and the Lender, or provide for equivalent coverage by any substitute or successor Servicer.
(c) In the event that at any time proceeds of such insurance policy described in Section 6.5(a) and Section 6.5(b) would be recoverable and otherwise paid to the Borrower as loss payee but for the fact that: (i) such insurance policy has lapsed (without the obtaining by the related Obligor (or the Servicer, on behalf of such Obligor) of a new insurance policy meeting the requirements of Section 6.5(a) and Section 6.5(b)), (ii) the Servicer has failed to maintain the Lender's rights to receive all proceeds of such insurance policy up to the full amount of the Obligor's obligations under the related lease (but not excluding the policy limits), or (iii) such insurance policy has not been maintained in full force and effect prior to the operation of such lease, the Servicer shall, as agent for soon as reasonably practicable, remit an amount of cash equal to such amounts as would at such time otherwise be recoverable in respect of such Vehicle as Insurance Proceeds. The foregoing obligation of the Secured Parties.Servicer shall survive the resignation of the Servicer or any termination of it as Servicer under this Agreement. 58
Appears in 1 contract
Samples: Receivables Credit Agreement (Fidelity Leasing Inc)
Maintenance of Insurance Policies. (a) The Special Servicer will use its reasonable best efforts to ensure that each Obligor maintains an Insurance Policy (only with respect to any Related Property Specially Serviced Loans and REO Properties) or the Servicer (other than accounts receivablewith respect to Performing Loans) in an amount at least equal shall use efforts consistent with the Servicing Standard to cause the related Obligor of each Serviced Loan to maintain for each such Serviced Loan such insurance as is required to be maintained pursuant to the Servicer’s good faith and commercially reasonable estimate of the value of the real property, inventory, and/or equipment constituting such Related Property and shall ensure that each such Insurance Policy names the Servicer as loss payee and as an insured thereunder and all of the Seller’s right, title and interest therein is fully assigned to the Administrative Agent, as agent for the Secured Parties. Additionally, the Servicer will require that each Obligor maintain property damage liability insurance during the term of each related Asset in amounts and against risks customarily insured against by the Obligor on property owned by itDocuments. If an the related Obligor fails to maintain property damage such insurance, the Servicer or the Special Servicer, as applicable, shall notify the Issuer of such breach, and shall, to the extent available at commercially reasonable rates and that the Issuer has an insurable interest, cause such insurance to be maintained. To the extent provided in the applicable Asset Documents, all such policies shall be endorsed with standard mortgagee clauses (if applicable) with loss payable to the Issuer, and shall be in an amount sufficient to avoid the application of any co-insurance clause. The costs of maintaining the insurance policies which the Servicer or the Special Servicer, as the case may be, is required to maintain pursuant to this Section shall be a Servicing Expense or, if the amount in the Collection Account is insufficient to pay such costs, such costs shall be paid by the Advancing Agent as a Servicing Advance.
(b) The Servicer or the Special Servicer, as the case may be, may fulfill its discretion purchase obligation to maintain insurance, as provided in Section 3.05(a), through a master force placed insurance policy with a Qualified Insurer, the cost of which shall be a Servicing Expense or, if the amount in the Collection Account is insufficient to pay such costs, such costs shall be paid by the Advancing Agent as a Servicing Advance; provided that such cost is limited to the incremental cost of such policy allocable to such Mortgaged Property or REO Property (i.e., other than any minimum or standby premium payable for such policy whether or not such Mortgaged Property or REO Property is then covered thereby, which shall be paid by the Advancing Agent at the direction of the Special Servicer, the Servicer or the Special Servicer, as the case may be). Such master force placed insurance policy may contain a deductible clause, in which case the Advancing Agent, the Servicer or the Special Servicer shall, in the event that there shall not have been maintained on the related Mortgaged Property or REO Property a policy otherwise complying with the provisions of Section 3.05(a), and there shall have been one or more losses which would have been covered by such a policy had it been maintained, immediately deposit into the related Account from its own funds the amount not otherwise payable under the master force placed insurance policy because of such deductible to the extent that such deductible exceeds the deductible limitation required under the related Asset Documents, or, in the absence of such deductible limitation, the deductible limitation which is consistent with the Servicing Standard.
(c) Each of the Servicer and the Special Servicer shall obtain and maintain such insurance on behalf ofat its own expense, and at keep in full force and effect, or be covered by, throughout the expense ofterm of this Agreement, a blanket fidelity bond and an errors and omissions insurance policy covering the Obligor. In Servicer’s or the Special Servicer’s, as applicable, directors, officers and employees, in connection with its activities as Servicerunder this Agreement. The form and amount of coverage shall be consistent with the Servicing Standard. In the event that any such bond or policy ceases to be in effect, the Servicer agrees to presentor the Special Servicer, on behalf as applicable, shall obtain a comparable replacement bond or policy. Any fidelity bond and errors and omissions insurance policy required under this Section 3.05(c) shall be obtained from a Qualified Insurer. Notwithstanding the foregoing, so long as the unsecured obligations or deposits of the Administrative AgentServicer or Special Servicer (or their respective corporate parent), claims as applicable, have been rated at least “A3” by Xxxxx’x, the Servicer or the Special Servicer, as applicable, shall be entitled to provide self-insurance directly or through its parent (so long as such parent is obligated to pay the insurer under each Insurance Policy and any such liability policyrelated claims), and to settleas applicable, adjust and compromise such claims, in each case, consistent with the terms of each Asset. The Servicer’s Insurance Policies with respect to its obligation to maintain a blanket fidelity bond and an errors and omissions insurance policy. No provision of this Section requiring such fidelity bond and errors and omissions insurance shall diminish or relieve the Related Property will insure against liability for physical damage relating to such Related Property Servicer or Special Servicer, as applicable, from its duties and obligations as set forth in accordance with the requirements of the Credit and Collection Policythis Agreement. The Servicer hereby disclaims any and all rightSpecial Servicer, title and interest in and as applicable, shall deliver or cause to any Insurance Policy and Insurance Proceeds with respect to any Related Property, including any Insurance Policy with respect to which it is named as loss payee and as an insured, and agrees that it has no equitable, beneficial or other interest in the Insurance Polices and Insurance Proceeds other than being named as loss payee and as an insured. The Servicer acknowledges that with respect be delivered to the Insurance Policies Trustee and Insurance Proceeds thereof the Note Administrator, upon request, a certificate of insurance from the surety and insurer certifying that it such insurance is acting solely in the capacity as agent for the Administrative Agent, as agent for the Secured Partiesfull force and effect.
Appears in 1 contract
Maintenance of Insurance Policies. (a) The Special Servicer will use its reasonable best efforts to ensure that each Obligor maintains an Insurance Policy (only with respect to any Related Property Specially Serviced Loans and REO Properties) or the Servicer (other than accounts receivablewith respect to Performing Loans) in an amount at least equal shall use efforts consistent with the Servicing Standard to cause the related Obligor of each such Commercial Real Estate Loan to maintain for each such Commercial Real Estate Loan such insurance as is required to be maintained pursuant to the Servicer’s good faith and commercially reasonable estimate of the value of the real property, inventory, and/or equipment constituting such Related Property and shall ensure that each such Insurance Policy names the Servicer as loss payee and as an insured thereunder and all of the Seller’s right, title and interest therein is fully assigned to the Administrative Agent, as agent for the Secured Parties. Additionally, the Servicer will require that each Obligor maintain property damage liability insurance during the term of each Asset in amounts and against risks customarily insured against by the Obligor on property owned by itrelated Loan Documents. If an the related Obligor fails to maintain property damage such insurance, the Servicer or the Special Servicer, as applicable, shall notify the Issuer of such breach, and shall, to the extent available at commercially reasonable rates and that the Issuer has an insurable interest, cause such insurance to be maintained. To the extent provided in the applicable Loan Documents, all such policies shall be endorsed with standard mortgagee clauses (if applicable) with loss payable to the Issuer, and shall be in an amount sufficient to avoid the application of any co-insurance clause. The costs of maintaining the insurance policies which the Servicer or the Special Servicer, as the case may be, is required to maintain pursuant to this Section shall be a Servicing Expense or, if the amount in the Collection Account is insufficient to pay such costs, such costs shall be paid by the Advancing Agent as a Servicing Advance.
(b) The Servicer or the Special Servicer, as the case may be, may fulfill its discretion purchase obligation to maintain insurance, as provided in Section 3.05(a), through a master force placed insurance policy with a Qualified Insurer, the cost of which shall be a Servicing Expense or, if the amount in the Collection Account is insufficient to pay such costs, such costs shall be paid by the Advancing Agent as a Servicing Advance; provided that such cost is limited to the incremental cost of such policy allocable to such Mortgaged Property or REO Property (i.e., other than any minimum or standby premium payable for such policy whether or not such Mortgaged Property or REO Property is then covered thereby, which shall be paid by the Advancing Agent at the direction of the Special Servicer, the Servicer or the Special Servicer, as the case may be). Such master force placed insurance policy may contain a deductible clause, in which case the Advancing Agent, the Servicer or the Special Servicer shall, in the event that there shall not have been maintained on the related Mortgaged Property or REO Property a policy otherwise complying with the provisions of Section 3.05(a), and there shall have been one or more losses which would have been covered by such a policy had it been maintained, immediately deposit into the related Account from its own funds the amount not otherwise payable under the master force placed insurance policy because of such deductible to the extent that such deductible exceeds the deductible limitation required under the related Loan 00000000.00.XXXXXXXX -43-
(c) Each of the Servicer and the Special Servicer shall obtain and maintain such insurance on behalf ofat its own expense, and at keep in full force and effect, or be covered by, throughout the expense ofterm of this Agreement, a blanket fidelity bond and an errors and omissions insurance policy covering the Obligor. In Servicer’s or the Special Servicer’s, as applicable, directors, officers and employees, in connection with its activities under this Agreement. The form and amount of coverage shall be consistent with the Servicing Standard. Notwithstanding the foregoing, with respect to Trimont Real Estate Advisors, LLC, if and for so long as it is acting as the Special Servicer, coverage in the amount of $10,000,000 that otherwise meets the requirements described in this paragraph will be deemed acceptable. In the event that any such bond or policy ceases to be in effect, the Servicer agrees to presentor the Special Servicer, on behalf as applicable, shall obtain a comparable replacement bond or policy. Any fidelity bond and errors and omissions insurance policy required under this Section 3.05(c) shall be obtained from a Qualified Insurer. Notwithstanding the foregoing, so long as the unsecured obligations or deposits of the Administrative AgentServicer or Special Servicer (or their respective corporate parent), claims as applicable, have been rated at least “A3” by Xxxxx’x, the Servicer or the Special Servicer, as applicable, shall be entitled to provide self-insurance directly or through its parent (so long as such parent is obligated to pay the insurer under each Insurance Policy and any such liability policyrelated claims), and to settleas applicable, adjust and compromise such claims, in each case, consistent with the terms of each Asset. The Servicer’s Insurance Policies with respect to its obligation to maintain a blanket fidelity bond and an errors and omissions insurance policy. No provision of this Section requiring such fidelity bond and errors and omissions insurance shall diminish or relieve the Related Property will insure against liability for physical damage relating to such Related Property Servicer or Special Servicer, as applicable, from its duties and obligations as set forth in accordance with the requirements of the Credit and Collection Policythis Agreement. The Servicer hereby disclaims any and all rightSpecial Servicer, title and interest in and as applicable, shall deliver or cause to any Insurance Policy and Insurance Proceeds with respect to any Related Property, including any Insurance Policy with respect to which it is named as loss payee and as an insured, and agrees that it has no equitable, beneficial or other interest in the Insurance Polices and Insurance Proceeds other than being named as loss payee and as an insured. The Servicer acknowledges that with respect be delivered to the Insurance Policies Trustee and Insurance Proceeds thereof the Note Administrator, upon request, a certificate of insurance from the surety and insurer certifying that it such insurance is acting solely in the capacity as agent for the Administrative Agent, as agent for the Secured Partiesfull force and effect.
Appears in 1 contract
Samples: Servicing Agreement (Granite Point Mortgage Trust Inc.)
Maintenance of Insurance Policies. The Servicer will use its reasonable best efforts to ensure that each Obligor maintains an Insurance Policy with respect to any Related Property (other than accounts receivablea) in an amount at least equal to the Servicer’s good faith and commercially reasonable estimate of the value of the real property, inventory, and/or equipment constituting such Related Property and shall ensure that each such Insurance Policy names the Servicer as loss payee and as an insured thereunder and all of the Seller’s right, title and interest therein is fully assigned to the Administrative Agent, as agent for the Secured Parties. Additionally, the Servicer will require that each Obligor maintain property damage liability insurance during the term of each Asset in amounts and against risks customarily insured against by the Obligor on property owned by it. If an Obligor fails to maintain property damage insurance, the Servicer may in its discretion purchase and maintain such insurance on behalf of, and at the expense of, the Obligor. In connection with its activities as ServicerServicer of the Contracts, the Servicer agrees to present, on behalf of the Administrative Agent, present claims to the insurer under each Insurance Policy and any such liability policyPolicy, and to settle, adjust and compromise such claims, in each case, consistent with the terms of each AssetContract. The Servicer’s Servicer shall remit to the Collection Account within two Business Days of receipt all Insurance Policies Proceeds received directly by the Servicer with respect to any Contract, Equipment or any other Collateral subject thereto, notwithstanding any notice given pursuant to Section 4.01(f) hereof.
(b) In addition to the insurance maintained by the Obligors with respect to the Related Property will insure against liability for physical damage relating to such Related Property in accordance with Equipment or any other Collateral, the requirements Servicer (or an Affiliate of the Credit Servicer) maintains, and Collection Policyat all times while acting as Servicer hereunder shall continue to maintain a general liability insurance policy in the aggregate amount of $2,000,000 and an excess liability insurance policy in umbrella form in the aggregate amount of $5,000,000. All premiums in respect of such policies have been paid and shall continue to be promptly paid as such premiums become due. The Servicer hereby disclaims any and Indenture Trustee shall at all right, title and interest in and to any Insurance Policy and Insurance Proceeds with respect to any Related Property, including any Insurance Policy with respect to which it is times while the Notes are outstanding be named as loss payee an additional insured on such casualty and liability policies maintained by the Servicer. In the event the Back-up Servicer, when acting as Servicer hereunder, maintains such insurance policy and the cost of such insurance policy is in excess of the cost of insurance policies otherwise maintained by the Back-up Servicer, such cost shall be reimbursed to the Back-up Servicer in its capacity as Servicer as an insured, and agrees that it has no equitable, beneficial or other interest in expense pursuant to Section 3.04(b) of the Insurance Polices and Insurance Proceeds other than being named as loss payee and as an insured. Indenture.
(c) The Servicer acknowledges that shall maintain errors and omissions insurance with respect to the Servicer, its employees and agents, a fidelity bond and coverage in respect of crime and breaches of fiduciary duty ("Fiduciary Insurance") in such form and amount as is customary for institutions acting as custodian of funds in respect of equipment leases, loans or receivables on behalf of institutional investors. Any such fidelity bond and errors and omissions insurance shall protect and insure the Servicer and the Indenture Trustee on behalf of the Noteholders against losses, including forgery, theft, embezzlement, fraud, errors and omissions and negligent acts of such persons and shall be maintained in a form and amount that would meet the requirements of prudent institutional equipment lease and loan servicers. No provision of this Section 4.05 requiring such fidelity bond, Fiduciary Insurance Policies and errors and omissions insurance shall diminish or relieve the Servicer from its duties and obligations as set forth in this Servicing Agreement. The Servicer shall be deemed to have complied with this provision if one of its respective Affiliates has such fidelity bond, Fiduciary Insurance Proceeds thereof that it is acting solely in and errors and omissions policy coverage and, by the capacity as agent for terms of such fidelity bond, Fiduciary Insurance and errors and omissions policy, the Administrative Agent, as agent for coverage afforded thereunder extends to the Secured Parties.Servicer and the Indenture
Appears in 1 contract
Samples: Servicing Agreement (HPSC Inc)
Maintenance of Insurance Policies. The Servicer will use its reasonable best efforts to ensure that each Obligor maintains an Insurance Policy with respect to any Related Property (other than accounts receivable) in an amount at least equal to the Servicer’s good faith and commercially reasonable estimate sum of the value Outstanding Loan Balance of the real property, inventory, and/or equipment constituting such Related Property related Eligible Loan and shall ensure that each such Insurance Policy names the Servicer as loss payee and as an insured thereunder and all of the Seller’s right, title and interest therein is fully assigned to the Administrative Agent, as agent for the Secured Parties. Additionally, the Servicer will require that each Obligor maintain property damage liability insurance during the term of each Asset in amounts and against risks customarily insured against by the Obligor on property owned by it. If an Obligor fails to maintain property damage insurance, the Servicer may in its discretion purchase and maintain such insurance on behalf of, and at the expense of, the Obligor. In connection with its activities as Servicer, the Servicer agrees to present, on behalf of the Administrative Agent, claims to the insurer under each Insurance Policy and any such liability policy, and to settle, adjust and compromise such claims, in each case, consistent with the terms of each Asset. The Servicer’s Insurance Policies with respect to the Related Property will insure against liability for physical damage relating to such Related Property in accordance with the requirements of the Credit and Collection Policy. The Servicer hereby disclaims any and all right, title and interest in and to any Insurance Policy and Insurance Proceeds with respect to any Related Property, including any Insurance Policy with respect to which it is named as loss payee and as an insured, and agrees that it has no equitable, beneficial or other interest in the Insurance Polices and Insurance Proceeds other than being named as loss payee and as an insured. The Servicer acknowledges that with respect to the Insurance Policies and Insurance Proceeds thereof that it is acting solely in the capacity as agent for the Administrative Agent, as agent for the Secured Parties.
Appears in 1 contract
Samples: Loan Certificate and Servicing Agreement (Capitalsource Inc)
Maintenance of Insurance Policies. The Servicer will Seller shall, consistent with the standard set forth in Subsection 6.1(b), use its reasonable best efforts to ensure that each Obligor Borrower maintains an Insurance Policy insurance policy with respect to any Related Underlying Property (other than accounts receivable) in an amount at least equal to the Servicer’s good faith and commercially reasonable estimate sum of the value Purchase Price of the real property, inventory, and/or equipment constituting such Related Property and shall ensure that each such Insurance Policy names the Servicer as loss payee and as an insured thereunder related Purchased Item and all of the Seller’s right, title and interest therein is fully assigned to the Administrative Agent, as agent for the Secured PartiesPurchaser. Additionally, subject to the Servicer will terms of the Asset Documents, the Seller shall require that each Obligor Borrower maintain property damage liability insurance or self insure during the term of each Purchased Asset in amounts and against risks customarily insured against by the Obligor Borrower on property owned by it. If an Obligor a Borrower fails to maintain property damage insurance, the Servicer may Seller may, in its discretion discretion, purchase and maintain such insurance on behalf of, and at the expense of, the ObligorBorrower. In connection with its activities as Servicerthe Seller, the Servicer Seller agrees to present, on behalf of the Administrative AgentPurchaser, claims to the insurer under each Insurance Policy insurance policy and any such liability policy, and to settle, adjust and compromise such claims, in each case, consistent with the terms of each Purchased Asset. The ServicerSeller’s Insurance Policies insurance policies with respect to the Related Underlying Property will shall insure against liability for physical damage relating to such Related Property property in accordance with the requirements of Subsection 6.1(b). Until the Credit and Collection Policy. The Servicer applicable Purchased Asset is repurchased by the Seller, the Seller hereby disclaims (as between the Seller and the Purchaser) any and all right, title and interest in and to any Insurance Policy related insurance policy and Insurance Proceeds insurance proceeds with respect to any Related Underlying Property, including any Insurance Policy insurance policy with respect to which it is named as loss payee and as an insured, and agrees that it (as between the Seller and the Purchaser) until the applicable Purchased Asset is repurchased by the Seller, the Seller has no equitable, beneficial or other interest in the Insurance Polices related insurance polices and Insurance Proceeds insurance proceeds other than being named as loss payee and as an insured. The Servicer Seller acknowledges that that, with respect to the Insurance Policies insurance policies and Insurance Proceeds thereof insurance proceeds thereof, that it is acting solely in the capacity as agent for the Administrative Agent, as agent for the Secured PartiesPurchaser.
Appears in 1 contract
Samples: Master Repurchase Agreement (Quadra Realty Trust, Inc.)
Maintenance of Insurance Policies. The Servicer will use its reasonable best efforts to ensure that each Obligor maintains an Insurance Policy with respect to any Related Property (other than accounts receivable) in an amount at least equal to the Servicer’s good faith as is customary and commercially reasonable estimate for the type of assets that comprise the value of the real property, inventory, and/or equipment constituting such Related Property and shall ensure that each such Insurance Policy names the Servicer as loss payee (if applicable) and as an insured thereunder and all of the Seller’s 's right, title and interest therein is fully assigned to the Administrative Agent, as agent for the Secured Parties. Additionally, if applicable, the Servicer will require that each Obligor maintain property damage liability insurance during the term of each Asset in amounts and against risks customarily insured against by the Obligor on property owned by itit to the extent required by the related loan documents. If an Obligor fails to maintain property damage insurance, the Servicer may in its discretion to the extent permitted by the related loan documents purchase and maintain such insurance on behalf of, and at the expense of, the Obligor. In connection with its activities as Servicer, the Servicer agrees to present, on behalf of the Administrative Agent, claims to the insurer under each any Insurance Policy and any such liability policy, and to settle, adjust and compromise such claims, in each case, consistent with the terms of each applicable Asset. The Servicer’s 's Insurance Policies with respect to the Related Property will insure against liability for physical damage relating to such Related Property in accordance with the requirements of the Credit and Collection Policy. The Servicer hereby disclaims any and all right, title and interest in and to any Insurance Policy and Insurance Proceeds with respect to any Related Property, including any Insurance Policy with respect to which it is named as loss payee and as an insured, and agrees that it has no equitable, beneficial or other interest in the Insurance Polices and Insurance Proceeds other than being named as loss payee and as an insured. The Servicer acknowledges that with respect to the Insurance Policies and Insurance Proceeds thereof that it is acting solely in the capacity as agent for the Administrative Agent, as agent for the Secured Parties.
Appears in 1 contract
Samples: Loan Certificate and Servicing Agreement (Capitalsource Inc)
Maintenance of Insurance Policies. (a) The Special Servicer will use its reasonable best efforts to ensure that each Obligor maintains an Insurance Policy (only with respect to any Related Property Specially Serviced Loans and REO Properties) or the Servicer (other than accounts receivablewith respect to Performing Loans) in an amount at least equal shall use efforts consistent with the Servicing Standard to cause the related Obligor of each Serviced Loan to maintain for each such Serviced Loan such insurance as is required to be maintained pursuant to the Servicer’s good faith and commercially reasonable estimate of the value of the real property, inventory, and/or equipment constituting such Related Property and shall ensure that each such Insurance Policy names the Servicer as loss payee and as an insured thereunder and all of the Seller’s right, title and interest therein is fully assigned to the Administrative Agent, as agent for the Secured Parties. Additionally, the Servicer will require that each Obligor maintain property damage liability insurance during the term of each related Asset in amounts and against risks customarily insured against by the Obligor on property owned by itDocuments. If an the related Obligor fails to maintain property damage such insurance, the Servicer or the Special Servicer, as applicable, shall notify the Issuer of such breach, and shall, to the extent available at commercially reasonable rates and that the Issuer has an insurable interest, cause such insurance to be maintained. To the extent provided in the applicable Asset Documents, all such policies shall be endorsed with standard mortgagee clauses (if applicable) with loss payable to the Issuer, and shall be in an amount sufficient to avoid the application of any co-insurance clause. The costs of maintaining the insurance policies which the Servicer or the Special Servicer, as the case may be, is required to maintain pursuant to this Section shall be a Servicing Expense or, if the amount in the Collection Account is insufficient to pay such costs, such costs shall be paid by the Advancing Agent as a Servicing Advance.
(b) The Servicer or the Special Servicer, as the case may be, may fulfill its discretion purchase obligation to maintain insurance, as provided in Section 3.05(a), through a master force placed insurance policy with a Qualified Insurer, the cost of which shall be a Servicing Expense or, if the amount in the Collection Account is insufficient to pay such costs, such costs shall be paid by the Advancing Agent as a Servicing Advance; provided that such cost is limited to the incremental cost of such policy allocable to such Mortgaged Property or REO Property (i.e., other than any minimum or standby premium payable for such policy whether or not such Mortgaged Property or REO Property is then covered thereby, which shall be paid by the Advancing Agent at the direction of the Special Servicer, the Servicer or the Special Servicer, as the case may be). Such master force placed insurance policy may contain a deductible clause, in which case the Advancing Agent, the Servicer or the Special Servicer shall, in the event that there shall not have been maintained on the related Mortgaged Property or REO Property a policy otherwise complying with the provisions of Section 3.05(a), and there shall have been one or more losses which would have been covered by such a policy had it been maintained, immediately deposit into the related Account from its own funds the amount not otherwise payable under the master force placed insurance policy because of such deductible to the extent that such deductible exceeds the deductible limitation required under the related Asset Documents, or, in the absence of such deductible limitation, the deductible limitation which is consistent with the Servicing Standard.
(c) Each of the Servicer and the Special Servicer shall obtain and maintain such insurance on behalf ofat its own expense, and at keep in full force and effect, or be covered by, throughout the expense ofterm of this Agreement, a blanket fidelity bond and an errors and omissions insurance policy covering the Obligor. In Servicer’s or the Special Servicer’s, as applicable, directors, officers and employees, in connection with its activities as Servicerunder this Agreement. The form and amount of coverage shall be consistent with the Servicing Standard. In the event that any such bond or policy ceases to be in effect, the Servicer agrees to presentor the Special Servicer, on behalf as applicable, shall obtain a comparable replacement bond or policy. Any fidelity bond and errors and omissions insurance policy required under this Section 3.05(c) shall be obtained from a Qualified Insurer. Notwithstanding the foregoing, so long as the unsecured obligations or deposits of the Administrative AgentServicer or Special Servicer (or their respective corporate parent), claims as applicable, have been rated at least “A3” by Xxxxx’x and “A(low)” by DBRS, the Servicer or the Special Servicer, as applicable, shall be entitled to provide self-insurance directly or through its parent (so long as such parent is obligated to pay the insurer under each Insurance Policy and any such liability policyrelated claims), and to settleas applicable, adjust and compromise such claims, in each case, consistent with the terms of each Asset. The Servicer’s Insurance Policies with respect to its obligation to maintain a blanket fidelity bond and an errors and omissions insurance policy. No provision of this Section requiring such fidelity bond and errors and omissions insurance shall diminish or relieve the Related Property will insure against liability for physical damage relating to such Related Property Servicer or Special Servicer, as applicable, from its duties and obligations as set forth in accordance with the requirements of the Credit and Collection Policythis Agreement. The Servicer hereby disclaims any and all rightSpecial Servicer, title and interest in and as applicable, shall deliver or cause to any Insurance Policy and Insurance Proceeds with respect to any Related Property, including any Insurance Policy with respect to which it is named as loss payee and as an insured, and agrees that it has no equitable, beneficial or other interest in the Insurance Polices and Insurance Proceeds other than being named as loss payee and as an insured. The Servicer acknowledges that with respect be delivered to the Insurance Policies Trustee and Insurance Proceeds thereof the Note Administrator, upon request, a certificate of insurance from the surety and insurer certifying that it such insurance is acting solely in the capacity as agent for the Administrative Agent, as agent for the Secured Partiesfull force and effect.
Appears in 1 contract
Maintenance of Insurance Policies. The Servicer will use its reasonable best efforts to Seller shall consistent with the standard set forth in Subsection 6.1(b) ensure that each Obligor Borrower maintains an Insurance Policy insurance policy with respect to any Related Underlying Mortgaged Property (other than accounts receivable) in an amount at least equal to the Servicer’s good faith and commercially reasonable estimate sum of the value Purchase Price of the real property, inventory, and/or equipment constituting such Related Property related Purchased Item and shall ensure that each such Insurance Policy insurance policy names the Servicer Deal Agent as agent for the Secured Parties as loss payee and as an insured thereunder and that all of the Seller’s right, title and interest therein is fully assigned to the Administrative Agent, Deal Agent as agent for the Secured Parties. Additionally, the Servicer will Seller shall require that each Obligor Borrower maintain property damage liability insurance during the term of each Asset Purchased Item in amounts and against risks customarily insured against by the Obligor Borrower on property owned by it. If an Obligor a Borrower fails to maintain property damage insurance, the Servicer may Seller may, in its discretion discretion, purchase and maintain such insurance on behalf of, and at the expense of, the ObligorBorrower. In connection with its activities as Servicerthe Seller, the Servicer Seller agrees to present, on behalf of the Administrative AgentDeal Agent as agent for the Secured Parties, claims to the insurer under each Insurance Policy insurance policy and any such liability policy, and to settle, adjust and compromise such claims, in each case, consistent with the terms of each AssetPurchased Item. The ServicerSeller’s Insurance Policies insurance policies with respect to the Related Underlying Mortgaged Property will shall insure against liability for physical damage relating to such Related Property property in accordance with the requirements of Subsection 6.1(b). Until the Credit and Collection Policy. The Servicer Purchased Items are repurchased by the Seller, the Seller hereby disclaims any and all right, title and interest in and to any Insurance Policy insurance policy and Insurance Proceeds insurance proceeds with respect to any Related Underlying Mortgaged Property, including any Insurance Policy insurance policy with respect to which it is named as loss payee and as an insured, and agrees that it has no equitable, beneficial or other interest in the Insurance Polices insurance polices and Insurance Proceeds insurance proceeds other than being named as loss payee and as an insured. The Servicer Seller acknowledges that that, with respect to the Insurance Policies insurance policies and Insurance Proceeds thereof that insurance proceeds thereof, it is acting solely in the capacity as agent for the Administrative Deal Agent, as agent for the Purchaser and the other Secured Parties.
Appears in 1 contract
Samples: Master Repurchase Agreement (Arbor Realty Trust Inc)
Maintenance of Insurance Policies. The (a) Other than with respect to Third Party Serviced Loans, the Servicer will shall use its reasonable best efforts to ensure that cause each Obligor maintains an Insurance Policy with respect required to any Related Property (other than accounts receivable) in an amount at least equal do so pursuant to the Servicer’s good faith and commercially reasonable estimate related Underlying Instruments to maintain in respect of the value of related Mortgaged Property all insurance coverage as is required under the real property, inventory, and/or equipment constituting such Related Property and shall ensure related Mortgage; provided that each such Insurance Policy names if any Mortgage permits the Servicer as loss payee and as an insured thereunder and all of the Seller’s right, title and interest therein is fully assigned holder thereof to dictate to the Administrative Agent, as agent for Obligor the Secured Parties. Additionallyinsurance coverage to be maintained on such Mortgaged Property, the Servicer will require that each Obligor maintain property damage liability shall impose such insurance during requirements as are consistent with the term of each Asset in amounts Servicing Standard and against risks customarily insured against by the Obligor on property owned by itCredit and Collection Policy. If an Obligor fails to maintain property damage such insurance, the Servicer shall (to the extent available at commercially reasonable terms as reasonably determined by the Servicer, which shall be entitled to rely on an opinion of counsel or insurance consultants in making such determination) obtain such insurance (which may be through a master or single interest policy) and the cost (including any deductible relating to such insurance and any out-of- pocket cost incurred by the Servicer in obtaining advice of counsel or insurance consultants) of such insurance (or in the case of a master or single interest policy, the incremental cost (including any deductible relating to such insurance) of such insurance relating to the specific Mortgaged Property), shall be a Servicer Advance and shall be reimbursable to the Servicer in accordance the Priority of Payments); provided that the Servicer shall not be required to incur any such cost if such Servicer Advance would constitute a Nonrecoverable Advance. The Servicer shall also cause to be maintained for each REO Loan (to the extent available at commercially reasonable terms) no less insurance coverage than was previously required of the Obligor under the related Mortgage or as is consistent with the Servicing Standard and the Credit and Collection Policy.
(b) If at any time a Mortgaged Property is located in an area identified in the Flood Hazard Boundary Map or Flood Insurance Rate Map issued by the Federal Emergency Management Agency as having special flood hazards or it becomes located in such area by virtue of remapping conducted by such agency (and flood insurance has been made available), the Servicer shall, if and to the extent that the Loan requires the Obligor or permits the mortgagee to require the Obligor to do so, use its discretion purchase and best efforts to cause the related Obligor to maintain a flood insurance policy meeting the requirements of the current guideline of the Federal Insurance Administration in the maximum amount of insurance coverage available under the National Flood Insurance Act of 1968, the Flood Disaster Protection Act of 1973 or the National Flood Insurance Reform Act of 1994, as amended, unless otherwise specified by the related Loan. If (i) the Obligor is required by the terms of the Loan to maintain such insurance on behalf of, and at (or becomes obligated by virtue of the expense of, related Mortgaged Property becoming located in such area by virtue of such remapping) or (ii) the Obligor. In connection with its activities as Servicerterms of the Loan permit the mortgagee to require the Obligor to obtain such insurance, the Servicer shall promptly notify the Obligor of its obligation to obtain such insurance. If the Obligor fails to obtain such flood insurance within 120 days of such notification, the Servicer shall obtain such insurance, the cost of which shall be a Servicer Advance and shall be reimbursable to the Servicer in accordance with the Priority of Payments; provided that the Servicer shall not be required to incur any such cost if such Servicer Advance would constitute a Nonrecoverable Advance.
(c) All Insurance Policies maintained by the Servicer shall (i) contain “standard” mortgagee clause, with loss payable to the Servicer on behalf of the Secured Parties (in the case of insurance maintained in respect of Loans other than REO Properties), (ii) be in the name of the Servicer on behalf of the Secured Parties in the case of insurance maintained in respect of REO Properties, (iii) include coverage in an amount not less than the lesser of (A) the full replacement cost of the improvements securing the Mortgaged Property or the REO Loan, as applicable, or (B) the outstanding principal balance owing on the related Loan or REO Loan, as applicable, and in any event, the amount necessary to avoid the operation of any co-insurance provisions, (iv) include a replacement cost endorsement providing no deduction for depreciation (unless such endorsement is not permitted under the related Loan documents), (v) be noncancellable without 30 days’ prior written notice to the insured party (except in the case of nonpayment, in which case such policy shall not be cancelled without 10 days prior notice) and (vi) be issued by a Qualified Insurer authorized under applicable law to issue such Insurance Policies. Any amounts collected by the Servicer under any such policies (other than amounts to be applied to the restoration or repair of the related Mortgaged Property or REO Loan or amounts to be released to the related Obligor, in each case in accordance with Applicable Law, the terms of the related Underlying Instruments and the Servicing Standard) shall be deposited in the Collection Account. Any cost incurred by the Servicer in maintaining any such insurance shall not, for purposes hereof, be added to the outstanding principal balance of the related Loan, notwithstanding that the terms of such Loan so permit, but shall be reimbursable by the Servicer as a Servicer Advance in accordance with the Priority of Payments.
(d) If the Servicer obtains and maintains with a Qualified Insurer a blanket policy insuring against hazard losses on all of the Mortgaged Properties and/or REO Properties for which it is responsible to cause the maintenance of insurance hereunder, then, to the extent such policy provides protection equivalent to the individual policies otherwise required, the Servicer, shall conclusively be deemed to have satisfied its obligation to cause hazard insurance to be maintained on such Mortgaged Properties and/or REO Properties. Such policy may contain a deductible clause (not in excess of a customary amount), in which case the Servicer (if it is also the Originator) shall, if there shall not have been maintained on a Mortgaged Property or an REO Loan a hazard insurance policy complying with the requirements of this Section 6.7, and there shall have been one or more losses which would have been covered by such policy, promptly deposit into the Collection Account from its own funds the amount not otherwise payable under the blanket policy because of such deductible clause to the extent that any such deductible exceeds the deductible limitation that pertained to the related Loan, or, in the absence of any such deductible limitation, the deductible limitation which is consistent with the Servicing Standard. The Servicer agrees to prepare and present, on behalf of itself and on behalf of the Administrative AgentTrustee for the benefit of the Secured Parties, claims to the insurer under each Insurance Policy and any such liability policy, and to settle, adjust and compromise such claims, blanket policy maintained by it in each case, consistent a timely fashion in accordance with the terms of each Assetsuch policy.
(e) If the Servicer causes any Mortgaged Property or REO Loan to be covered by a master force placed insurance policy issued by a Qualified Insurer, which provides protection equivalent to the individual policies otherwise required, the Servicer shall conclusively be deemed to have satisfied its obligations to cause hazard insurance to be maintained on such Mortgaged Properties and/or REO Properties. Such policy may contain a deductible clause, in which case the Servicer (if it is also the Originator) shall, in the event that (i) there shall not have been maintained on the related Mortgaged Property or REO Loan a policy otherwise complying with the provisions of this Section 6.7, and (ii) there shall have been one or more losses which would have been covered by such a policy had it been maintained, deposit into the Collection Account from its own funds the amount not otherwise payable under such policy because of such deductible to the extent that any such deductible exceeds the deductible limitation that pertained to the related Loan, or, in the absence of any such deductible limitation, the deductible limitation which is consistent with the Servicing Standard. The Servicer’s Insurance Policies with respect Servicer agrees to prepare and present, on behalf of itself and on behalf of the Related Property will insure against liability Trustee for physical damage relating to the benefit of the Secured Parties, claims under any such Related Property blanket policy maintained by it in a timely fashion in accordance with the requirements terms of the Credit and Collection Policy. such policy.
(f) The Servicer hereby disclaims shall maintain any and all right, title and interest required insurance coverage hereunder during any servicing transition in and order to any Insurance Policy and Insurance Proceeds with respect to any Related Property, including any Insurance Policy with respect to which it is named as loss payee and as an insured, and agrees that it has no equitable, beneficial or other interest prevent a lapse in the Insurance Polices and Insurance Proceeds other than being named as loss payee and as an insured. The Servicer acknowledges that with respect to the Insurance Policies and Insurance Proceeds thereof that it is acting solely in the capacity as agent for the Administrative Agent, as agent for the Secured Partiesinsurance coverage.
Appears in 1 contract
Samples: Loan and Servicing Agreement (NewStar Financial, Inc.)
Maintenance of Insurance Policies. The Servicer will use its commercially reasonable best efforts to ensure that each Obligor maintains an Insurance Policy with respect to any Related Property (other than accounts receivable) the related Equipment in an amount at least equal to the Servicer’s good faith and commercially reasonable estimate sum of the value Discounted Contract Balance of the real property, inventory, and/or equipment constituting such Related Property related Contract and shall ensure that each such Insurance Policy names the Servicer as loss payee and as an insured thereunder thereunder; provided that the Servicer, in accordance with its Credit and all of the Seller’s rightCollection Policy, title and interest therein is fully assigned may allow Obligors to the Administrative Agent, as agent for the Secured Partiesself-insure. Additionally, the Servicer will require that each Obligor maintain property damage liability insurance during the term of each Asset Contract in amounts and against risks customarily insured against by the Obligor on property equipment owned by it. If an Obligor fails to maintain property damage insurance, the Servicer may in its discretion may, but shall not be required to, purchase and maintain such insurance on behalf of, and at the expense of, the Obligor. In connection with its activities as Servicer, the Servicer agrees to present, on behalf of the Administrative AgentDeal Agent as agent for the Secured Parties, claims to the insurer under each Insurance Policy and any such liability policy, and to settle, adjust and compromise such claims, in each case, consistent with the terms of each AssetContract. The Servicer’s 's Insurance Policies with respect to the Related Property related Equipment will insure against liability for physical personal injury and property damage relating to such Related Property in accordance with the requirements of the Credit and Collection PolicyEquipment. The Servicer hereby disclaims any and all rightrights, title and or interest in and or to any Insurance Policy and Insurance Proceeds with respect to any Related Property, including the proceeds of any Insurance Policy with respect to which any Contract or Equipment in the Asset Pool including any Insurance Policy it is named as loss payee and as an insuredwith respect to, and agrees that it has no equitable, beneficial or other interest in the Insurance Polices and Insurance Proceeds Policies other than being named as loss payee payee; provided, however, nothing herein shall limit or otherwise affect the rights of ABL, in its individual capacity and not as an insuredthe Servicer, with respect to the Insurance Policies and any proceeds thereof. The Servicer acknowledges that with respect to the Insurance Policies and Insurance Proceeds any proceeds thereof that it is acting solely in the capacity as agent for the Administrative Deal Agent, as agent for the Secured Parties.
Appears in 1 contract
Samples: Receivables Purchase Agreement (American Business Financial Services Inc /De/)
Maintenance of Insurance Policies. The Servicer will use its reasonable best efforts to ensure that each Obligor maintains an Insurance Policy with respect to any Related Property (other than accounts receivable) in an amount at least equal to the Servicer’s good faith and commercially reasonable estimate of the value of the real property, inventory, and/or equipment constituting such Related Property and shall ensure that each such Insurance Policy names the Servicer as loss payee and as an insured thereunder and all of the Seller’s right, title and interest therein is fully assigned to the Administrative Agent, as agent for the Secured Parties. Additionally, the Servicer will require that each Obligor maintain property damage liability insurance during the term of each Asset in amounts and against risks customarily insured against by the Obligor on property owned by it. If an Obligor fails to maintain property damage insurance, the Servicer may in its discretion purchase and maintain such insurance on behalf of, and at the expense of, the Obligor. In connection with its activities as Servicer, the Servicer agrees to present, on behalf of the Administrative Agent, claims to the insurer under each Insurance Policy and any such liability policy, and to settle, adjust and compromise such claims, in each case, consistent with the terms of each Asset. The Servicer’s Insurance Policies with respect to the Related Property will insure against liability for physical damage relating to such Related Property in accordance with the requirements of the Credit and Collection Policy. The Servicer hereby disclaims any and all right, title and interest in and to any Insurance Policy and Insurance Proceeds with respect to any Related Property, including any Insurance Policy with respect to which it is named as loss payee and as an insured, and agrees that it has no equitable, beneficial or other interest in the Insurance Polices and Insurance Proceeds other than being named as loss payee and as an insured. The Servicer acknowledges that with respect to the Insurance Policies and Insurance Proceeds thereof that it is acting solely in the capacity as agent for the Administrative Agent, as agent for the Secured Parties.”
Appears in 1 contract
Samples: Loan Certificate and Servicing Agreement (Capitalsource Inc)
Maintenance of Insurance Policies. The Servicer will use its reasonable best efforts to Seller shall consistent with the standard set forth in Subsection 6.1(b) ensure that each Obligor Borrower maintains an Insurance Policy insurance policy with respect to any Related Underlying Mortgaged Property (other than accounts receivable) in an amount at least equal to the Servicer’s good faith and commercially reasonable estimate sum of the value Purchase Price of the real property, inventory, and/or equipment constituting such Related Property related Purchased Item and shall ensure that each such Insurance Policy insurance policy names the Servicer Purchaser as loss payee and as an insured thereunder and that all of the Seller’s 's right, title and interest therein is fully assigned to the Administrative Agent, as agent for the Secured PartiesPurchaser. Additionally, the Servicer will Seller shall require that each Obligor Borrower maintain property damage liability insurance during the term of each Asset Purchased Item in amounts and against risks customarily insured against by the Obligor Borrower on property owned by it. If an Obligor a Borrower fails to maintain property damage insurance, the Servicer may Seller may, in its discretion discretion, purchase and maintain such insurance on behalf of, and at the expense of, the ObligorBorrower. In connection with its activities as Servicerthe Seller, the Servicer Seller agrees to present, on behalf of the Administrative AgentPurchaser, claims to the insurer under each Insurance Policy insurance policy and any such liability policy, and to settle, adjust and compromise such claims, in each case, consistent with the terms of each AssetPurchased Item. The Servicer’s Insurance Policies Seller's insurance policies with respect to the Related Underlying Mortgaged Property will shall insure against liability for physical damage relating to such Related Property property in accordance with the requirements of Subsection 6.1(b). Until the Credit and Collection Policy. The Servicer Purchased Items are repurchased by the Seller, the Seller hereby disclaims any and all right, title and interest in and to any Insurance Policy insurance policy and Insurance Proceeds insurance proceeds with respect to any Related Underlying Mortgaged Property, including any Insurance Policy insurance policy with respect to which it is named as loss payee and as an insured, and agrees that it has no equitable, beneficial or other interest in the Insurance Polices insurance polices and Insurance Proceeds insurance proceeds other than being named as loss payee and as an insured. The Servicer Seller acknowledges that that, with respect to the Insurance Policies insurance policies and Insurance Proceeds thereof that insurance proceeds thereof, it is acting solely in the capacity as agent for the Administrative Agent, as agent for the Secured PartiesPurchaser.
Appears in 1 contract
Samples: Loan Purchase and Repurchase Agreement (Arbor Realty Trust Inc)
Maintenance of Insurance Policies. The Servicer will use its reasonable best efforts to ensure that each Obligor maintains an Insurance Policy with respect to any Related Property (other than accounts receivable) in an amount at least equal to the Servicer’s good faith and commercially reasonable estimate sum of the value Outstanding Loan Balance of the real property, inventory, and/or equipment constituting such Related Property related Eligible Loan and shall ensure that each such Insurance Policy names the Servicer as loss payee and as an insured thereunder and all of the Seller’s 's right, title and interest therein is fully assigned to the Administrative Agent, as agent for the Secured Parties. Additionally, the Servicer will require that each Obligor maintain property damage liability insurance during the term of each Asset in amounts and against risks customarily insured against by the Obligor on property owned by it. If an Obligor fails to maintain property damage insurance, the Servicer may in its discretion purchase and maintain such insurance on behalf of, and at the expense of, the Obligor. In connection with its activities as Servicer, the Servicer agrees to present, on behalf of the Administrative Agent, claims to the insurer under each Insurance Policy and any such liability policy, and to settle, adjust and compromise such claims, in each case, consistent with the terms of each Asset. The Servicer’s 's Insurance Policies with respect to the Related Property will insure against liability for physical damage relating to such Related Property in accordance with the requirements of the Credit and Collection Policy. The Servicer hereby disclaims any and all right, title and interest in and to any Insurance Policy and Insurance Proceeds with respect to any Related Property, including any Insurance Policy with respect to which it is named as loss payee and as an insured, and agrees that it has no equitable, beneficial or other interest in the Insurance Polices and Insurance Proceeds other than being named as loss payee and as an insured. The Servicer acknowledges that with respect to the Insurance Policies and Insurance Proceeds thereof that it is acting solely in the capacity as agent for the Administrative Agent, as agent for the Secured Parties.
Appears in 1 contract
Samples: Loan Certificate and Servicing Agreement (Capitalsource Inc)