Common use of Maintenance of Insurance Policies Clause in Contracts

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 13 contracts

Samples: Sale and Servicing Agreement (Capitalsource Inc), Sale and Servicing Agreement (Capitalsource Inc), Sale and Servicing Agreement (Capitalsource Inc)

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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 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 2 contracts

Samples: Repurchase Agreement (Arbor Realty Trust Inc), 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 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 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 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 106 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: Sale 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 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 may in its discretion purchase or the Special Servicer, as applicable, shall notify the Issuer of such breach, and maintain shall, to the extent available at commercially reasonable rates and that the Issuer has an insurable interest, cause such insurance on behalf ofto 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 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 expense of, direction of the Obligor. In connection with its activities as Special Servicer, the Servicer agrees to presentor the Special Servicer, on behalf of as the Administrative case may be). Such master force placed insurance policy may contain a deductible clause, in which case the Advancing Agent, claims 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 insurer extent that such deductible exceeds the deductible limitation required 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.related Loan 00000000.00.XXXXXXXX -43-

Appears in 1 contract

Samples: Execution Version 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 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 116 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: 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 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.. 117

Appears in 1 contract

Samples: Sale and Servicing Agreement (Capitalsource Inc)

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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. (a) The Servicer will shall use its Best Efforts to cause the Borrower of each Mortgage Loan to maintain for each Mortgage Loan such insurance as is required to be maintained pursuant to the related Mortgage Loan Documents. If the Borrower fails to maintain such insurance, then the Servicer shall notify the Owner of such breach and, to the extent available at commercially reasonable best efforts rates, cause to ensure that each Obligor maintains an Insurance Policy be maintained (i) fire and hazard insurance with respect to any Related Property (other than accounts receivable) extended coverage in an amount which is at least equal to the Servicer’s good faith and commercially reasonable estimate lesser of the value current principal balance of such Mortgage Loan and the replacement cost of the real property, inventory, and/or equipment constituting such Related improvements which are a part of the related Mortgaged Property and (ii) to the extent that the Mortgaged Property is located in a federally designated special flood hazard area, flood insurance in respect thereof. Such flood insurance shall ensure that each such Insurance Policy names be in an amount equal to the Servicer as loss payee and as an insured thereunder and all lesser of (y) the unpaid principal balance of the Seller’s right, title and interest therein related Mortgage Loan or (z) the maximum amount of such insurance as is fully assigned available for the related Mortgaged Property under the National Flood Insurance Act. After notifying the Owner pursuant to the Administrative Agent, as agent for the Secured Parties. Additionallysecond preceding sentence, the Servicer will require that each Obligor maintain property damage liability insurance during shall take such action as 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 Owner reasonably requests with respect to the Related Property will insure against liability for physical damage relating maintenance of any other forms of insurance which are required to be maintained pursuant to the related Mortgage Loan Documents, except to the extent that such Related Property in accordance with insurance is not available at commercially reasonable rates or the requirements of the Credit and Collection PolicyOwner, as mortgagee, does not have an insurable interest. The Servicer hereby disclaims any and all rightshall, title and interest in and to any Insurance Policy and Insurance Proceeds with respect to any Related Propertythe extent available at commercially reasonable rates, including any Insurance Policy with respect to which it is named as loss payee and as an insured, and agrees that it has maintain for each REO Property no equitable, beneficial or other interest in the Insurance Polices and Insurance Proceeds other less insurance coverage than being named as loss payee and as an insured. The Servicer acknowledges that was previously required with respect to the Insurance Policies related Mortgaged Property or as may be required at any time by the Owner in writing. All such policies shall be endorsed with standard mortgagee clauses with loss payable to the Owner, and Insurance Proceeds thereof that it 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 is acting solely in required to maintain pursuant to this Section shall be paid by the capacity Servicer as agent for the Administrative Agent, as agent for the Secured Partiesa Servicing Expense.

Appears in 1 contract

Samples: Servicing Agreement (Impac Commercial Holdings 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 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 110 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: 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 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: Certificate 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 '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)

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)

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