Maintenance of Insurance. (a) The Borrower will, and will cause each of the Restricted Subsidiaries to, at all times maintain in full force and effect, with insurance companies that the Borrower believes (in the good-faith judgment of the management of the Borrower) are financially sound and responsible at the time the relevant coverage is placed or renewed, insurance in at least such amounts (after giving effect to any self-insurance which the Borrower believes (in the good-faith judgment of management of the Borrower) is reasonable and prudent in light of the size and nature of its business) and against at least such risks (and with such risk retentions) as are usually insured against in the same general area by companies engaged in businesses similar to those engaged by the Borrower and the Restricted Subsidiaries; and will furnish to the Administrative Agent for further delivery to the Lenders, upon written request from the Administrative Agent, information presented in reasonable detail as to the insurance so carried. The Collateral Agent, for the benefit of the Secured Parties, shall be the additional insured on any such liability insurance and the Collateral Agent, for the benefit of the Secured Parties, shall be the additional loss payee or additional mortgagee under any such casualty or property insurance, except in each case as the Collateral Agent and the Borrower may otherwise agree. (b) If any buildings or improvements comprising of any Mortgaged Property are at any time located in an area identified by the Federal Emergency Management Agency (or any successor agency) as a special flood hazard area with respect to which flood insurance has been made available under the Flood Insurance Laws, then the Borrower shall, or shall cause the applicable Credit Parties to, solely to the extent required by Applicable Law, (i) maintain, or cause to be maintained, with a financially sound and reputable insurer (determined at the time such insurance is obtained or renewed), flood insurance in an amount and otherwise sufficient to comply with all applicable rules and regulations promulgated pursuant to the Flood Insurance Laws and (ii) deliver to the Collateral Agent evidence of such compliance in form reasonably acceptable to the Collateral Agent.
Appears in 17 contracts
Samples: Credit Agreement (MultiPlan Corp), Credit Agreement (MultiPlan Corp), Incremental Agreement to Credit Agreement (Snap One Holdings Corp.)
Maintenance of Insurance. (a) The Borrower Holdings will, and will cause each of the Restricted Subsidiaries Material Subsidiary to, at all times maintain in full force and effect, pursuant to self-insurance arrangements or with insurance companies that the Borrower Holdings believes (in the good-good faith judgment of the management of the BorrowerHoldings) are financially sound and responsible at the time the relevant coverage is placed or renewed, insurance in at least such amounts (after giving effect to any self-insurance which the Borrower Holdings believes (in the good-good faith judgment of management of the BorrowerHoldings) is reasonable and prudent in light of the size and nature of its businessbusiness and the availability of insurance on a cost-effective basis) and against at least such risks (and with such risk retentions) as are usually insured against Holdings believes (in the same general area by companies engaged good faith judgment of management of Holdings) is reasonable and prudent in businesses similar to those engaged by light of the Borrower size and nature of its business and the Restricted Subsidiariesavailability of insurance on a cost-effective basis; and will furnish to the Administrative Agent for further delivery to the LendersAgent, upon promptly following written request from the Administrative Agent, information presented in reasonable detail as to the insurance so carried. The Collateral Agentcarried and (b) with respect to each Mortgaged Property, for the benefit of the Secured Parties, shall Holdings will obtain flood insurance in such total amount as may reasonably be the additional insured on any such liability insurance and required by the Collateral Agent, for if at any time the benefit of the Secured Parties, shall be the additional loss payee or additional mortgagee under area in which any such casualty or property insurance, except in each case as the Collateral Agent and the Borrower may otherwise agree.
(b) If any buildings or improvements comprising of located on any Mortgaged Property are at is designated a “special flood hazard area” in any time located in an area identified Flood Insurance Rate Map published by the Federal Emergency Management Agency (or any successor agency) ), and otherwise comply with the National Flood Insurance Program as a special flood hazard area with respect to which flood insurance has been made available under set forth in the Flood Insurance LawsDisaster Protection Act of 1973, then the Borrower shall, or as amended from time to time. Each such policy of insurance shall cause the applicable Credit Parties to, solely to the extent required by Applicable Law, (i) maintainname the Collateral Agent, or cause to be maintained, with a financially sound and reputable insurer (determined at on behalf of the time such insurance is obtained or renewed), flood insurance in Secured Parties as an amount and otherwise sufficient to comply with all applicable rules and regulations promulgated pursuant to the Flood Insurance Laws additional insured thereunder as its interests may appear and (ii) deliver to in the Collateral Agent evidence case of such compliance in form reasonably acceptable to each casualty insurance policy, contain a loss payable clause or endorsement that names the Collateral Agent, on behalf of the Secured Parties as the loss payee thereunder.
Appears in 12 contracts
Samples: Joinder and Amendment Agreement (National Vision Holdings, Inc.), Second Lien Credit Agreement (BrightView Holdings, Inc.), First Lien Credit Agreement (BrightView Holdings, Inc.)
Maintenance of Insurance. (a) The Borrower will, and will cause each of the Restricted Subsidiaries Subsidiary to, at all times maintain in full force and effect, pursuant to self-insurance arrangements or with insurance companies that the Borrower believes (in the good-good faith judgment of the management of the Borrower) are financially sound and responsible reputable at the time the relevant coverage is placed or renewed, insurance in at least such amounts (after giving effect to any self-insurance which the Borrower believes (in the good-good faith judgment of management of the Borrower) is reasonable and prudent in light of the size and nature of its business) and against at least such risks (and with such risk retentions) as are usually insured against the Borrower believes (in the same general area by companies engaged good faith judgment of management of the Borrower) is reasonable and prudent in businesses similar to those engaged by light of the Borrower size and the Restricted Subsidiariesnature of its business; and will furnish to the Administrative Agent for further delivery to the LendersAgent, upon written request from the Administrative Agent, information presented in reasonable detail as to the insurance so carried. The Collateral Agent, for the benefit of the Secured Parties, Parties shall be the additional insured insureds on any such liability insurance and as their interests may appear and, if property insurance is obtained, the Collateral Agent, for the benefit of the Secured Parties, Agent shall be the additional loss payee or additional mortgagee under any such casualty or property insurance; provided that, except in each case so long as no Event of Default has occurred and is then continuing, the Collateral Agent and Secured Parties will provide any proceeds of such property insurance to the Borrower may otherwise agreeBorrower.
(b) If any buildings With respect to each Mortgaged Property, obtain flood insurance in such total amount as the Administrative Agent or improvements comprising of any Mortgaged Property are the Required Lenders may from time to time reasonably require, if at any time the area in which any material improvements included as Collateral and located on any land subject to a Mortgage is designated a “flood hazard area” in an area identified any Flood Insurance Rate Map published by the Federal Emergency Management Agency (or any successor agency) ), and otherwise comply with the National Flood Insurance Program as a special set forth in the Flood Disaster Protection Act of 1973, as amended from time to time. Following the Closing Date, the Borrower shall deliver to the Administrative Agent annual renewals of each flood hazard area insurance policy or annual renewals of each force-placed flood insurance policy, as applicable. In connection with any amendment to this Agreement pursuant to which any increase, extension, or renewal of Loans is contemplated, the Borrower shall cause to be delivered to the Administrative Agent for any Mortgaged Property with respect to which flood insurance has been made available under buildings or mobile homes are included as Collateral, a completed “life of the loan” Federal Emergency Management Agency Standard Flood Insurance LawsHazard Determination, then duly executed and acknowledged by the Borrower shallappropriate Credit Parties, or shall cause the applicable Credit Parties to, solely to the extent required by Applicable Law, (i) maintain, or cause to be maintained, with a financially sound and reputable insurer (determined at the time such insurance is obtained or renewed), flood insurance in an amount and otherwise sufficient to comply with all applicable rules and regulations promulgated pursuant to the Flood Insurance Laws and (ii) deliver to the Collateral Agent evidence of such compliance in form reasonably acceptable to the Collateral Agentflood insurance, as applicable.
Appears in 9 contracts
Samples: Credit Agreement (Vine Energy Inc.), Credit Agreement (Vine Energy Inc.), Credit Agreement (Vine Energy Inc.)
Maintenance of Insurance. (a) The Borrower will, and will cause each of the Restricted Subsidiaries Material Subsidiary to, at all times maintain in full force and effect, pursuant to self-insurance arrangements or with insurance companies that the Borrower believes (in the good-good faith judgment of the management of the Borrower) are financially sound and responsible at the time the relevant coverage is placed or renewed, insurance in at least such amounts (after giving effect to any self-insurance which the Borrower believes (in the good-good faith judgment of management of the Borrower) is reasonable and prudent in light of the size and nature of its businessbusiness and the availability of insurance on a cost-effective basis) and against at least such risks (and with such risk retentions) as are usually insured against the Borrower believes (in the same general area by companies engaged good faith judgment of management of the Borrower) is reasonable and prudent in businesses similar to those engaged by light of the Borrower size and nature of its business and the Restricted Subsidiariesavailability of insurance on a cost-effective basis; and will furnish to the Administrative Agent for further delivery to the LendersAgent, upon promptly following written request from the Administrative Agent, information presented in reasonable detail as to the insurance so carried. The Collateral Agent, for the benefit of the Secured Parties, shall be the additional insured on any such liability insurance carried and the Collateral Agent, for the benefit of the Secured Parties, shall be the additional loss payee or additional mortgagee under any such casualty or property insurance, except in each case as the Collateral Agent and the Borrower may otherwise agree.
(b) If with respect to any buildings or improvements comprising of any improved Mortgaged Property are at any time located in an area identified by the Federal Emergency Management Agency (or any successor agency) as a special flood hazard area with respect to which flood insurance has been made available under the Flood Insurance Lawsarea, then the Borrower shall, or shall cause the applicable Credit Parties to, solely to the extent required by Applicable Law, (i) maintain, or cause to be maintained, with a financially sound and reputable insurer (determined at the time such insurance is obtained or renewed), will obtain flood insurance in an such total amount and otherwise sufficient to comply with all applicable rules and regulations promulgated pursuant to as required by the Flood Insurance Laws and shall otherwise comply with the Flood Insurance Laws. Each such policy of insurance shall (i) name the Collateral Agent, on behalf of the Secured Parties as an additional insured thereunder as its interests may appear and (ii) deliver to in the Collateral Agent evidence case of such compliance in form reasonably acceptable to each casualty insurance policy, contain a lender’s loss payable clause or endorsement that names the Collateral Agent, on behalf of the Secured Parties as the lender’s loss payee thereunder.
Appears in 8 contracts
Samples: First Lien Credit Agreement (BrightSpring Health Services, Inc.), First Lien Credit Agreement (BrightSpring Health Services, Inc.), Joinder Agreement and Amendment No. 6 (BrightSpring Health Services, Inc.)
Maintenance of Insurance. (a) The Borrower Holdings will, and will cause each of the Restricted Subsidiaries Material Subsidiary to, at all times maintain in full force and effect, pursuant to self-insurance arrangements or with insurance companies that the Borrower Holdings believes (in the good-good faith judgment of the management of the BorrowerHoldings) are financially sound and responsible at the time the relevant coverage is placed or renewed, insurance in at least such amounts (after giving effect to any self-insurance which the Borrower Holdings believes (in the good-good faith judgment of management of the BorrowerHoldings) is reasonable and prudent in light of the size and nature of its businessbusiness and the availability of insurance on a cost-effective basis) and against at least such risks (and with such risk retentions) as are usually insured against Holdings believes (in the same general area by companies engaged good faith judgment of management of Holdings) is reasonable and prudent in businesses similar to those engaged by light of the Borrower size and nature of its business and the Restricted Subsidiariesavailability of insurance on a cost-effective basis; and will furnish to the Administrative Agent for further delivery to the LendersAgent, upon promptly following written request from the Administrative Agent, information presented in reasonable detail as to the insurance so carried. The Collateral Agentcarried and (b) with respect to each Mortgaged Property, for the benefit of the Secured Parties, shall be the additional insured on any Holdings will obtain flood insurance in such liability insurance total amount as required by law and as otherwise reasonably required by the Collateral Agent, for if at any time the benefit of the Secured Parties, shall be the additional loss payee or additional mortgagee under area in which any such casualty or property insurance, except in each case as the Collateral Agent and the Borrower may otherwise agree.
(b) If any buildings or improvements comprising of located on any Mortgaged Property are at any time located in an area identified is designated by the Federal Emergency Management Agency (or any successor agency) as a special flood hazard area with respect to which flood insurance has been made available under the Flood Insurance Laws, then the Borrower shall, or shall cause the each applicable Credit Parties to, solely Party to the extent required by Applicable Law, (i) maintain, or cause to be maintained, with a financially sound and reputable insurer (determined at the time such insurance is obtained or renewed)insurer, flood insurance in an amount and otherwise sufficient to comply with all applicable rules and regulations promulgated pursuant to the Flood Insurance Laws, (ii) cooperate with the Administrative Agent and provide information reasonably required by the Administrative Agent to comply with the Flood Insurance Laws and (iiiii) deliver to the Collateral Administrative Agent evidence of such compliance in form and substance reasonably acceptable to the Administrative Agent, including, without limitation, evidence of annual renewals of such insurance. Each such policy of insurance shall (i) name the Collateral Agent, on behalf of the Secured Parties as an additional insured thereunder as its interests may appear and (ii) in the case of each casualty insurance policy, contain a loss payable clause or endorsement that names the Collateral Agent, on behalf of the Secured Parties as the loss payee thereunder.
Appears in 8 contracts
Samples: Credit Agreement (GoDaddy Inc.), Credit Agreement (GoDaddy Inc.), Credit Agreement (GoDaddy Inc.)
Maintenance of Insurance. (a) The Borrower will, and will cause each of the Restricted Subsidiaries Material Subsidiary to, at all times maintain in full force and effect, pursuant to self-insurance arrangements or with insurance companies that the Borrower believes (in the good-good faith judgment of the management of the Borrower) are financially sound and responsible at the time the relevant coverage is placed or renewed, insurance in at least such amounts (after giving effect to any self-insurance which the Borrower believes (in the good-good faith judgment of management of the Borrower) is reasonable and prudent in light of the size and nature of its businessbusiness and the availability of insurance on a cost-effective basis) and against at least such risks (and with such risk retentions) as are usually insured against the Borrower believes (in the same general area by companies engaged good faith judgment of management of the Borrower) is reasonable and prudent in businesses similar to those engaged by light of the Borrower size and nature of its business and the Restricted Subsidiariesavailability of insurance on a cost-effective basis; and will furnish to the Administrative Agent for further delivery to the LendersAgents, upon promptly following written request from the an Administrative Agent, information presented in reasonable detail as to the insurance so carried. The Collateral Agent, for the benefit of the Secured Parties, shall be the additional insured on any such liability insurance carried and the Collateral Agent, for the benefit of the Secured Parties, shall be the additional loss payee or additional mortgagee under any such casualty or property insurance, except in each case as the Collateral Agent and the Borrower may otherwise agree.
(b) If any buildings or improvements comprising of any with respect to each Mortgaged Property are Property, if at any time the area in which any improvements located on such Mortgaged Property is designated a “special flood hazard area” in an area identified any Flood Insurance Rate Map published by the Federal Emergency Management Agency (or any successor agency) as a special flood hazard area with respect to which flood insurance has been made available under the Flood Insurance Laws), then the Borrower shall, or shall cause the applicable Credit Parties to, solely to the extent required by Applicable Law, (i) maintain, or cause to be maintained, with a financially sound and reputable insurer (determined at the time such insurance is obtained or renewed), will obtain flood insurance in an amount compliance with the National Flood Insurance Program as set forth in the Flood Disaster Protection Act of 1973, as amended from time to time, and otherwise sufficient to comply with all applicable rules and regulations promulgated pursuant thereunder in form and substance reasonably satisfactory to the Flood Insurance Laws and Collateral Agent or any Lender, (iiB) deliver furnish to the Collateral Agent evidence of the renewal (and payment of renewal premiums therefor) of all such compliance in form reasonably acceptable policies prior to the expiration or lapse thereof, and (C) to the extent the Borrower becomes aware of any re-designation, furnish to the Collateral Agent prompt written notice of any re-designation of any such improved Mortgaged Property into or out of a “special flood hazard area”. The Borrower will use its commercially reasonable efforts to promptly cause each such policy of insurance to (i) name the Collateral Agent, on behalf of the Secured Parties as an additional insured thereunder as its interests may appear and (ii) in the case of each casualty insurance policy, contain a loss payable clause or endorsement that names the Collateral Agent, on behalf of the Secured Parties as the loss payee thereunder.
Appears in 6 contracts
Samples: First Lien Credit Agreement (Focus Financial Partners Inc.), First Lien Credit Agreement (Focus Financial Partners Inc.), First Lien Credit Agreement (Focus Financial Partners Inc.)
Maintenance of Insurance. (a) The Borrower will, and will cause each of the Restricted Subsidiaries Material Subsidiary to, at all times maintain in full force and effect, pursuant to self-insurance arrangements or with insurance companies that the Borrower believes (in the good-good faith judgment of the management of the Borrower) are financially sound and responsible at the time the relevant coverage is placed or renewed, insurance in at least such amounts (after giving effect to any self-insurance which the Borrower believes (in the good-good faith judgment of management of the Borrower) is reasonable and prudent in light of the size and nature of its businessbusiness and the availability of insurance on a cost-effective basis) and against at least such risks (and with such risk retentions) as are usually insured against the Borrower believes (in the same general area by companies engaged good faith judgment of management of the Borrower) is reasonable and prudent in businesses similar to those engaged by light of the Borrower size and nature of its business and the Restricted Subsidiariesavailability of insurance on a cost-effective basis; and will furnish to the Administrative Agent for further delivery to the LendersAgent, upon promptly following written request from the Administrative Agent, information presented in reasonable detail as to the insurance so carried. The Collateral Agentcarried (provided that, for so long as no Event of Default has occurred and is continuing, the benefit of the Secured Parties, Administrative Agent shall be entitled to make such request only once in any calendar year) and (b) with respect to any Mortgaged Property, the additional insured on any Borrower will obtain flood insurance in such liability insurance and total amount as may reasonably be required by the Collateral Agent, for if at any time the benefit of the Secured Parties, shall be the additional loss payee or additional mortgagee under area in which any such casualty or property insurance, except in each case as the Collateral Agent and the Borrower may otherwise agree.
(b) If any buildings or improvements comprising of located on any Mortgaged Property are at is designated a “special flood hazard area” in any time located in an area identified Flood Insurance Rate Map published by the Federal Emergency Management Agency (or any successor agency) ), and otherwise comply with the National Flood Insurance Program as a special flood hazard area with respect to which flood insurance has been made available under set forth in the Flood Insurance Laws, then Disaster Protection Act of 1973. Each such policy of insurance maintained by the Borrower shall, or other Credit Party shall cause the applicable Credit Parties to, solely to the extent required by Applicable Law, (i) maintainin the case of each general liability and umbrella liability insurance policy, or cause to be maintainedname the Collateral Agent, with a financially sound and reputable insurer (determined at on behalf of the time such insurance is obtained or renewed), flood insurance in Secured Parties as an amount and otherwise sufficient to comply with all applicable rules and regulations promulgated pursuant to the Flood Insurance Laws additional insured thereunder as its interests may appear and (ii) deliver to in the Collateral Agent evidence case of such compliance in form reasonably acceptable to each casualty insurance policy, contain a loss payable clause or endorsement that names the Collateral Agent, on behalf of the Secured Parties as a loss payee thereunder.
Appears in 6 contracts
Samples: Credit Agreement (Canada Goose Holdings Inc.), Credit Agreement (Canada Goose Holdings Inc.), Credit Agreement (Canada Goose Holdings Inc.)
Maintenance of Insurance. (a) The Borrower willExcept as otherwise provided in subsection (b) of this Section 3.10, and will the Servicer shall cause to be maintained with respect to each of the Restricted Subsidiaries toContract one or more Hazard Insurance Policies which provide, at all times maintain a minimum, the same coverage as a standard form fire and extended coverage insurance policy that is customary for manufactured housing, issued by a company authorized to issue such policies in full force the state in which the related Manufactured Home is located and effectin an amount which is not less than the maximum insurable value of such Manufactured Home or the principal balance due from the Obligor on the related Contract, with insurance companies whichever is less; provided, however, that the Borrower believes amount of coverage provided by each Hazard Insurance Policy shall be sufficient to avoid the application of any co-insurance clause contained therein; and provided, further, that such Hazard Insurance Policies may provide for customary deductible amounts. With respect to any Contract, the Servicer shall cause the Originator to obtain (in i) a statement from the good-faith judgment of Obligor's insurance agent or through other information sources that the management of the Borrower) are financially sound and responsible Manufactured Home was, at the time of origination of the relevant Contract, not in a federally designated special flood hazard area, or (ii) evidence that, at the time of origination, flood insurance was in effect, which coverage is placed or renewed, insurance in was at least such amounts (after giving effect equal to any self-insurance which the Borrower believes (minimum amount specified in the good-faith judgment of management preceding sentence or such lesser amount as may be available under the federal flood insurance program. Each Hazard Insurance Policy caused to be maintained by the Servicer shall contain a standard loss payee clause in favor of the Borrower) Servicer and its successors and assigns. If any Obligor is reasonable in default in the payment of premiums on its Hazard Insurance Policy or Policies, the Servicer shall force place coverage and prudent in light pay such premiums out of its own funds and may separately add such premium to the Obligor's obligation as provided by the Contract, but shall not add such premium to the remaining principal balance of the size Contract. If the Obligor does not reimburse the Servicer for payment of such premiums and nature the related Contract is liquidated after a default, the Servicer shall be reimbursed for its payment of its business) such premiums out of the related Liquidation Proceeds, and against at least if such risks (and with such risk retentions) as are usually insured against in the same general area by companies engaged in businesses similar to those engaged advance for insurance premiums is deemed by the Borrower and Servicer to be nonrecoverable in its reasonable opinion, the Restricted Subsidiaries; and will furnish to the Administrative Agent for further delivery to the Lenders, upon written request Servicer may reimburse itself from the Administrative Agent, information presented in reasonable detail as to the insurance so carried. The Collateral Agent, Collection Account for the benefit of the Secured Parties, shall be the additional insured on any such liability insurance and the Collateral Agent, for the benefit of the Secured Parties, shall be the additional loss payee or additional mortgagee under any such casualty or property insurance, except in each case as the Collateral Agent and the Borrower may otherwise agreeNonrecoverable Advance.
(b) If any buildings or improvements comprising The Servicer may, in lieu of any Mortgaged Property are at any time located in an area identified by the Federal Emergency Management Agency (or any successor agency) as a special flood hazard area causing individual Hazard Insurance Policies to be maintained with respect to which flood insurance has been made available under the Flood Insurance Lawseach Manufactured Home pursuant to subsection (a) of this Section 3.10, then the Borrower and shall, or shall cause the applicable Credit Parties to, solely to the extent that the related Contract does not require the Obligor to maintain a Hazard Insurance Policy with respect to the related Manufactured Home, maintain one or more blanket insurance policies covering losses on the Obligor's interest in the Contracts resulting from the absence or insufficiency of individual Hazard Insurance Policies. Any such blanket policy shall be substantially in the form and in the amount carried by the Servicer as of the date of this Agreement. The Servicer shall pay the premium for such policy on the basis described therein and shall deposit into the Collection Account from its own funds any deductible amount with respect to claims under such blanket insurance policy relating to the Contracts. The Servicer shall not, however, be required by Applicable Lawto deposit any deductible amount with respect to claims under individual Hazard Insurance Policies maintained pursuant to subsection (a) of this Section. If the insurer under such blanket insurance policy shall cease to be acceptable to the Servicer, the Servicer shall exercise its best reasonable efforts to obtain from another insurer a replacement policy comparable to such policy.
(c) With respect to each Manufactured Home that has been repossessed in connection with a defaulted Contract, the Servicer shall either (i) maintain, maintain one or cause more Hazard Insurance Policies thereon or (ii) self-insure such Manufactured Homes and deposit into the Collection Account from its own funds any losses caused by damage to be maintained, with such Manufactured Home that would have been covered by a financially sound Hazard Insurance Policy.
(d) The Servicer shall keep in force throughout the term of this Agreement (i) a policy or policies of insurance covering errors and reputable insurer (determined at the time such omissions for failure to maintain insurance is obtained or renewed), flood insurance in an amount and otherwise sufficient to comply with all applicable rules and regulations promulgated pursuant to the Flood Insurance Laws as required by this Agreement and (ii) deliver to the Collateral Agent evidence a fidelity bond. Such policy or policies and such fidelity bond shall be in such form and amount as is generally customary among Persons which service a portfolio of such compliance in form reasonably manufactured housing installment sales contracts and installment loan agreements having an aggregate principal amount of $100,000,000 or more and which are generally regarded as servicers acceptable to the Collateral Agentinstitutional investors.
Appears in 6 contracts
Samples: Servicing Agreement (Origen Manufactured Housing Contract Trust Collateralized Notes, Series 2005-B), Servicing Agreement (Citigroup Mortgageln Tr Origen Manu Hous Cont Tr NTS Ser 200), Servicing Agreement (Citigroup Mortgageln Tr Origen Manu Hous Cont Tr NTS Ser 200)
Maintenance of Insurance. (a) The Borrower will, and will cause each of the Restricted Subsidiaries to, at all times maintain in full force and effect, with insurance companies that the Borrower believes (in the good-good faith judgment of the management of the Borrower) are financially sound and responsible at the time the relevant coverage is placed or renewed, insurance in at least such amounts (after giving effect to any self-insurance which the Borrower believes (in the good-good faith judgment of management of the Borrower) is reasonable and prudent in light of the size and nature of its business) and against at least such risks (and with such risk retentions) as are usually insured against in the same general area by companies engaged in businesses similar to those engaged by the Borrower and the Restricted Subsidiaries; and will furnish to the Administrative Agent for further delivery to the Lenders, upon written request from the Administrative Agent, information presented in reasonable detail as to the insurance so carried. The Collateral Agent, for the benefit of the Secured Parties, Parties shall be the additional insured on any such liability insurance and the Collateral Agent, for the benefit of the Secured Parties, shall be the additional loss payee or additional mortgagee under any such casualty or property insurance, except in each case as the Collateral Agent and the Borrower may otherwise agree.
(b) . If any buildings or improvements comprising portion of any Mortgaged Property are at any time is located in an area identified by the Federal Emergency Management Agency (or any successor agency) as a special flood hazard area with respect to which flood insurance has been made available under the Flood Insurance Laws, then the Borrower shall, or shall cause the applicable Credit Parties to, solely Party to the extent required by Applicable Law, (i) maintain, or cause to be maintained, with a financially sound and reputable insurer (determined at the time such insurance is obtained or renewedobtained), flood insurance in an amount and otherwise sufficient to comply with all applicable rules and regulations promulgated pursuant to the Flood Insurance Laws and (ii) deliver to the Collateral Agent evidence of such compliance in form reasonably acceptable to the Collateral Agentcompliance.
Appears in 6 contracts
Samples: Credit Agreement (GCM Grosvenor Inc.), Credit Agreement (GCM Grosvenor Inc.), Credit Agreement (GCM Grosvenor Inc.)
Maintenance of Insurance. (a) The Borrower will, and will cause each of the Restricted Subsidiaries Subsidiary to, at all times maintain in full force and effect, pursuant to self-insurance arrangements or with insurance companies that the Borrower believes (in the good-good faith judgment of the management of the Borrower) are financially sound and responsible reputable at the time the relevant coverage is placed or renewed, insurance in at least such amounts (after giving effect to any self-insurance which the Borrower believes (in the good-good faith judgment of management of the Borrower) is reasonable and prudent in light of the size and nature of its business) and against at least such risks (and with such risk retentions) as are usually insured against the Borrower believes (in the same general area by companies engaged good faith judgment of management of the Borrower) is reasonable and prudent in businesses similar to those engaged by light of the Borrower size and the Restricted Subsidiariesnature of its business; and will furnish to the Administrative Agent for further delivery to the LendersAgent, upon written request from the Administrative Agent, information presented in reasonable detail as to the insurance so carried. The Collateral Agent, for the benefit of the Secured Parties, Parties shall be the additional insured insureds on any such liability insurance and as their interests may appear and, if property insurance is obtained, the Collateral Agent, for the benefit of the Secured Parties, Agent shall be the additional loss payee or additional mortgagee under any such casualty or property insurance; provided that, except in each case so long as no Event of Default has occurred and is then continuing, the Collateral Agent and Secured Parties will provide any proceeds of such property insurance to the Borrower may otherwise agreeBorrower.
(b) If any buildings With respect to each Mortgaged Property, obtain flood insurance in such total amount as the Administrative Agent or improvements comprising of any Mortgaged Property are the Required Lenders may from time to time reasonably require, if at any time the area in which any material improvements included as Collateral and located on any land subject to a Mortgage is designated a “flood hazard area” in an area identified any Flood Insurance Rate Map published by the Federal Emergency Management Agency (or any successor agency) ), and otherwise comply with the National Flood Insurance Program as a special set forth in the Flood Disaster Protection Act of 1973, as amended from time to time. Following the Closing Date, the Borrower shall deliver to the Administrative Agent annual renewals of each flood hazard area insurance policy or annual renewals of each force-placed flood insurance policy, as applicable. In connection with any amendment to this Agreement pursuant to which any increase, extension, or renewal of Loans is contemplated, the Borrower shall cause to be delivered to the Administrative Agent for any Mortgaged Property with respect to which flood insurance has been made available under buildings or mobile homes are included as Collateral, a completed “life of the loan” Federal Emergency Management Agency Standard Flood Insurance LawsHazard Determination, then duly executed and acknowledged by the Borrower shallappropriate Loan Parties, or shall cause the applicable Credit Parties to, solely to the extent required by Applicable Law, (i) maintain, or cause to be maintained, with a financially sound and reputable insurer (determined at the time such insurance is obtained or renewed), flood insurance in an amount and otherwise sufficient to comply with all applicable rules and regulations promulgated pursuant to the Flood Insurance Laws and (ii) deliver to the Collateral Agent evidence of such compliance in form reasonably acceptable to the Collateral Agentflood insurance, as applicable.
Appears in 5 contracts
Samples: Second Lien Credit Agreement (Vine Energy Inc.), Term Loan B Credit Agreement (Vine Resources Inc.), Term Loan Credit Agreement (Vine Resources Inc.)
Maintenance of Insurance. (a) The Borrower will, and will cause each of the Restricted Subsidiaries Material Subsidiary to, at all times maintain in full force and effect, pursuant to self-insurance arrangements or with insurance companies that the Borrower believes (in the good-good faith judgment of the management of the Borrower) are financially sound and responsible at the time the relevant coverage is placed or renewed, insurance in at least such amounts (after giving effect to any self-insurance which the Borrower believes (in the good-good faith judgment of management of the Borrower) is reasonable and prudent in light of the size and nature of its businessbusiness and the availability of insurance on a cost-effective basis) and against at least such risks (and with such risk retentions) as are usually insured against the Borrower believes (in the same general area by companies engaged good faith judgment of management of the Borrower) is reasonable and prudent in businesses similar to those engaged by light of the Borrower size and nature of its business and the Restricted Subsidiariesavailability of insurance on a cost-effective basis; and will furnish to the Administrative Agent for further delivery to the LendersAgent, upon promptly following written request from the Administrative Agent, information presented in reasonable detail as to the insurance so carried. The Collateral Agentcarried and (b) with respect to each Mortgaged Property, for the benefit of the Secured Parties, shall Borrower will obtain flood insurance in such form and in such total amount as may reasonably be the additional insured on any such liability insurance and required by the Collateral Agent, for if at any time the benefit of the Secured Parties, shall be the additional loss payee or additional mortgagee under area in which any such casualty or property insurance, except in each case as the Collateral Agent and the Borrower may otherwise agree.
(b) If any buildings or improvements comprising of located on any Mortgaged Property are at is designated a “special flood hazard area” in any time located in an area identified Flood Insurance Rate Map published by the Federal Emergency Management Agency (or any successor agency) as a special flood hazard area ), and otherwise comply with respect to which flood insurance has been made available under the Flood Insurance Laws, then the Borrower shall, or . Each such policy of insurance shall cause the applicable Credit Parties to, solely to the extent required by Applicable Law, (i) maintainname the Collateral Agent, or cause to be maintained, with a financially sound and reputable insurer (determined at on behalf of the time such insurance is obtained or renewed), flood insurance in Secured Parties as an amount and otherwise sufficient to comply with all applicable rules and regulations promulgated pursuant to the Flood Insurance Laws additional insured thereunder as its interests may appear and (ii) deliver to in the Collateral Agent evidence case of such compliance in form reasonably acceptable to each casualty insurance policy, contain a mortgagee/loss payable clause or endorsement that names the Collateral Agent, on behalf of the Secured Parties as the mortgagee/loss payee thereunder.
Appears in 5 contracts
Samples: Credit Agreement (Academy Sports & Outdoors, Inc.), Credit Agreement (Academy Sports & Outdoors, Inc.), Abl Credit Agreement (Academy Sports & Outdoors, Inc.)
Maintenance of Insurance. (a) The Borrower willParent and the Borrowers shall, and will shall cause each of the its Restricted Subsidiaries to, at all times (a) maintain in full force insurance with responsible and effect, with reputable insurance companies that the Borrower believes (or associations in such amounts and covering such risks as, in the good-faith judgment reasonable determination of the management of the Borrower) are financially sound Parent, is usually carried by companies engaged in similar businesses and responsible at the time the relevant coverage is placed or renewed, insurance in at least such amounts (after giving effect to any self-insurance which the Borrower believes (in the good-faith judgment of management of the Borrower) is reasonable and prudent in light of the size and nature of its business) and against at least such risks (and with such risk retentions) as are usually insured against owning similar properties in the same general area by companies engaged areas in businesses similar which the Parent or such Subsidiary operates; provided that, with respect to those engaged the Mortgaged Vessels, the Parent shall be required to provide or cause to be provided only such insurance as is required by the Borrower and the Restricted Subsidiaries; and will furnish to the Administrative Agent for further delivery to the LendersCollateral Documents, upon written request from the Administrative Agent, information presented in reasonable detail as to the insurance so carried. The Collateral Agent, for the benefit of the Secured Parties, shall be the additional insured on any such liability insurance and the Collateral Agent, for the benefit of the Secured Parties, shall be the additional loss payee or additional mortgagee under any such casualty or property insurance, except in each case as the Collateral Agent and the Borrower may otherwise agree.
(b) If any buildings or improvements comprising of any the Parent, the Borrowers and each other applicable Loan Party shall, without limiting the foregoing, at all times, (i) maintain, if available, fully paid flood hazard insurance with respect to each Mortgaged Property are at any time containing a Building (as defined in Section 208.25 of Regulation H of the FRB) that is located in an area identified a special flood hazard area, as designated by the Federal Emergency Management Agency of the United States Department of Homeland Security (“FEMA”), on such terms and in such amounts as required by The National Flood Insurance Reform Act of 1994 or as otherwise reasonably required by the Collateral Agent, (ii) upon request, furnish to the Collateral Agent, for delivery to the Applicable Lenders, evidence of the renewal of all such policies, and (iii) furnish to the Collateral Agent, for delivery to the Lenders, written notice of any successor agency) as redesignation by FEMA of any such Building into or out of a special flood hazard area promptly upon obtaining knowledge of such redesignation. Additionally, the Parent and the Borrowers shall deliver to the Collateral Agent, for delivery to the Lenders, (x) standard flood hazard determination forms and (y) if any Mortgaged Property is located in a special flood hazard area (A) notices to (and confirmations of receipt by) such Loan Party as to the existence of a special flood hazard and, if applicable, the unavailability of flood hazard insurance under the National Flood Insurance Program and (B) evidence of applicable flood insurance, if available, in each case in such form, on such terms and in such amounts as required by The National Flood Insurance Reform Act of 1994 or as otherwise required by the Collateral Agent, and (c) cause all property and general liability insurance policies (i) to name the Collateral Agent on behalf of the Secured Parties as additional insured with respect to liability policies or lender’s loss payee with respect to property policies (or a loss payee for any property policy the insurance provider for which flood insurance has been made available under the Flood Insurance Laws, then the Borrower shall, or shall cause the applicable Credit Parties to, solely will not agree to the extent required by Applicable Law, (i) maintain, or cause to be maintained, with provide a financially sound and reputable insurer (determined at the time such insurance is obtained or renewedlender’s loss payee endorsement), flood insurance in an amount and otherwise sufficient to comply with all applicable rules and regulations promulgated pursuant to the Flood Insurance Laws as appropriate, and (ii) deliver to provide that no cancellation shall be effective until at least 30 days after receipt by the Collateral Agent evidence of such compliance written notice thereof (and the Borrowers jointly and severally agree to provide to each Administrative Agent prompt written notice of any material change in form reasonably acceptable amount or material change in coverage). Subject to Section 2.12(b), so long as an Event of Default is not then continuing, the Collateral Agent, on behalf of the Secured Parties, agrees to promptly release, endorse and turn over to the Parent or the applicable Subsidiary any insurance proceeds received by the Collateral Agent.
Appears in 5 contracts
Samples: Superpriority Senior Secured Debtor in Possession Credit Agreement (McDermott International Inc), Credit Agreement (McDermott International Inc), Credit Agreement (McDermott International Inc)
Maintenance of Insurance. (a) The Borrower Holdings will, and will cause each of the Restricted Subsidiaries Material Subsidiary to, at all times maintain in full force and effect, pursuant to self-insurance arrangements or with insurance companies that the Borrower Holdings believes (in the good-good faith judgment of the management of the BorrowerHoldings) are financially sound and responsible at the time the relevant coverage is placed or renewed, insurance in at least such amounts (after giving effect to any self-insurance which the Borrower Holdings believes (in the good-good faith judgment of management of the BorrowerHoldings) is reasonable and prudent in light of the size and nature of its businessbusiness and the availability of insurance on a cost-effective basis) and against at least such risks (and with such risk retentions) as are usually insured against Holdings believes (in the same general area by companies engaged good faith judgment of management of Holdings) is reasonable and prudent in businesses similar to those engaged by light of the Borrower size and nature of its business and the Restricted Subsidiariesavailability of insurance on a cost-effective basis; and will furnish to the Administrative Agent for further delivery to the LendersAgent, upon promptly following written request from the Administrative Agent, information presented in reasonable detail as to the insurance so carried. The Collateral Agentcarried and (b) with respect to each Mortgaged Property, for the benefit of the Secured Parties, shall Holdings will obtain flood insurance in such total amount as may reasonably be the additional insured on any such liability insurance and the Collateral Agent, for the benefit of the Secured Parties, shall be the additional loss payee or additional mortgagee under any such casualty or property insurance, except in each case as required by the Collateral Agent and but in any event in the Borrower may otherwise agree.
(b) If minimum amount as required by law, if at any buildings or time the area in which any improvements comprising of located on any Mortgaged Property are at is designated a “special flood hazard area” in any time located in an area identified Flood Insurance Rate Map published by the Federal Emergency Management Agency (or any successor agency) ), and otherwise comply with the National Flood Insurance Program as a special flood hazard area with respect to which flood insurance has been made available under set forth in the Flood Insurance LawsDisaster Protection Act of 1973, then the Borrower shall, or as amended from time to time. Each such policy of insurance shall cause the applicable Credit Parties to, solely to the extent required by Applicable Law, (i) maintainname the Collateral Agent, or cause to be maintained, with a financially sound and reputable insurer (determined at on behalf of the time such insurance is obtained or renewed), flood insurance in Secured Parties as an amount and otherwise sufficient to comply with all applicable rules and regulations promulgated pursuant to the Flood Insurance Laws additional insured thereunder as its interests may appear and (ii) deliver to in the Collateral Agent evidence case of such compliance in form reasonably acceptable to each casualty insurance policy, contain a loss payable clause or endorsement that names the Collateral Agent, on behalf of the Secured Parties as the loss payee thereunder.
Appears in 5 contracts
Samples: Second Joinder and Restatement Agreement (National Vision Holdings, Inc.), Amendment to Credit Agreement (National Vision Holdings, Inc.), Amendment No. 1 (National Vision Holdings, Inc.)
Maintenance of Insurance. a. Except as otherwise provided in subsection (b) of this Section 5.09, the Servicer shall cause to be maintained with respect to each Contract one or more Hazard Insurance Policies which provide, at a minimum, the same coverage as a standard form fire and extended coverage insurance policy that is customary for manufactured housing, issued by a company authorized to issue such policies in the state in which the related Manufactured Home is located and in an amount which is not less than the maximum insurable value of such Manufactured Home or the principal balance due from the Obligor on the related Contract, whichever is less; provided, however, that the amount of coverage provided by each Hazard Insurance Policy shall be sufficient to avoid the application of any co-insurance clause contained therein; and provided, further, that such Hazard Insurance Policies may provide for customary deductible amounts. With respect to: (a) The Borrower willa Manufactured Home securing an FHA/VA Contract, and will cause each of the Restricted Subsidiaries toif such Manufactured Home's location was, at all times maintain in full force and effect, with insurance companies that the Borrower believes (in the good-faith judgment of the management of the Borrower) are financially sound and responsible at the time the relevant coverage is placed or renewed, insurance in at least such amounts (after giving effect to any self-insurance which the Borrower believes (in the good-faith judgment of management origination of the Borrower) is reasonable and prudent in light of the size and nature of its business) and against at least such risks (and with such risk retentions) as are usually insured against in the same general area by companies engaged in businesses similar to those engaged by the Borrower and the Restricted Subsidiaries; and will furnish to the Administrative Agent for further delivery to the Lendersrelated FHA/VA Contract, upon written request from the Administrative Agent, information presented in reasonable detail as to the insurance so carried. The Collateral Agent, for the benefit of the Secured Parties, shall be the additional insured on any such liability insurance and the Collateral Agent, for the benefit of the Secured Parties, shall be the additional loss payee or additional mortgagee under any such casualty or property insurance, except in each case as the Collateral Agent and the Borrower may otherwise agree.
(b) If any buildings or improvements comprising of any Mortgaged Property are at any time located in an area identified by the Federal Emergency Management Agency (or any successor agency) as within a federally designated special flood hazard area with respect to which area, the Servicer shall also cause such flood insurance has been made available under the Flood Insurance Laws, then the Borrower shall, or shall cause the applicable Credit Parties to, solely to the extent required by Applicable Law, (i) maintain, or cause to be maintained, with which coverage shall be at least equal to the minimum amount specified in the preceding sentence or such lesser amount as may be available under the federal flood insurance program; and (b) any Contract that is not an FHA/VA Contract, the Company shall obtain (i) a financially sound and reputable insurer (determined statement from the Obligor's insurance agent that the Manufactured Home was, at the time such insurance is obtained of origination of the Contract, not in a federally designated special flood hazard area, or renewed)(ii) evidence that, at the time of origination, flood insurance was in an effect, which coverage was at least equal to the minimum amount specified in the preceding sentence or such lesser amount as may be available under the federal flood insurance program. Each Hazard Insurance Policy caused to be maintained by the Servicer shall contain a standard loss payee clause in favor of the Servicer and otherwise sufficient its successors and assigns. If any Obligor is in default in the payment of premiums on its Hazard Insurance Policy or Policies, the Servicer shall pay such premiums out of its own funds and may separately add such premium to comply the Obligor's obligation as provided by the Contract, but shall not add such premium to the remaining principal balance of the Contract.
b. The Servicer may, in lieu of causing individual Hazard Insurance Policies to be maintained with all applicable rules and regulations promulgated respect to each Manufactured Home pursuant to subsection (a) of this Section 5.09, and shall, to the Flood extent that the related Contract does not require the Obligor to maintain a Hazard Insurance Laws Policy with respect to the related Manufactured Home, maintain one or more blanket insurance policies covering losses on the Obligor's interest in the Contracts resulting from the absence or insufficiency of individual Hazard Insurance Policies. Any such blanket policy shall be substantially in the form and in the amount carried by the Servicer as of the date of this Agreement. The Servicer shall pay the premium for such policy on the basis described therein and shall deposit into the Certificate Account from its own funds any deductible amount with respect to claims under such blanket insurance policy relating to the Contracts. The Servicer shall not, however, be required to deposit any deductible amount with respect to claims under individual Hazard Insurance Policies maintained pursuant to subsection (a) of this Section. If the insurer under such blanket insurance policy shall cease to be acceptable to the Servicer, the Servicer shall exercise its best reasonable efforts to obtain from another insurer a replacement policy comparable to such policy.
c. With respect to each Manufactured Home that has been repossessed in connection with a defaulted Contract, the Servicer shall either (i) maintain one or more Hazard Insurance Policies thereon or (ii) self-insure such Manufactured Homes and deposit into the Certificate Account from its own funds any losses caused by damage to such Manufactured Home that would have been covered by a Hazard Insurance Policy.
d. The Servicer shall keep in force throughout the term of this Agreement (i) a policy or policies of insurance covering errors and omissions for failure to maintain insurance as required by this Agreement and (ii) deliver to the Collateral Agent evidence a fidelity bond. Such policy or policies and such fidelity bond shall be in such form and amount as is generally customary among Persons which service a portfolio of such compliance in form reasonably manufactured housing installment sales contracts and installment loan agreements having an aggregate principal amount of $100,000,000 or more and which are generally regarded as servicers acceptable to the Collateral Agentinstitutional investors.
Appears in 5 contracts
Samples: Pooling and Servicing Agreement (Green Tree Financial Corp), Pooling and Servicing Agreement (Green Tree Financial Corp), Pooling and Servicing Agreement (Green Tree Financial Corp)
Maintenance of Insurance. (a) The Borrower will, and will cause each of the Restricted Subsidiaries to, at all times maintain in full force and effect, Maintain with insurance companies that the Borrower believes (in the good-faith judgment of the management of the Borrower) are financially sound and responsible at reputable insurance companies not Affiliates of the time the relevant coverage is placed or renewedLoan Parties, insurance in at least such amounts with respect to its properties and business against loss or damage (after giving effect to any self-insurance which the Borrower believes (in the good-faith judgment of management i) of the Borrower) is reasonable and prudent in light of the size and nature of its business) and against at least such risks (and with such risk retentions) as are usually kinds customarily insured against by Persons engaged in the same general area or similar business, of such types and in such amounts as are customarily carried under similar circumstances by companies engaged in businesses such other Persons or (ii) substantially similar to those engaged insurance maintained by the Borrower and its Restricted Subsidiaries on the Restricted Closing Date, in each case, subject to such changes as the Borrower may reasonably deem appropriate in its business judgment with respect to deductibles, self-insured amounts, coverage exclusions and maximum covered losses (provided that none of such policies shall include a co-insurance clause), and with respect to policies for Holdings and the Domestic Subsidiaries; and will furnish , providing for not less than 30 days’ prior notice to the Administrative Agent for further delivery to the Lendersof termination, upon written request from the Administrative Agent, information presented in reasonable detail as to the insurance so carried. The Collateral Agent, for the benefit lapse or cancellation of the Secured Parties, shall be the additional insured on any such liability insurance and the Collateral Agent, for the benefit of the Secured Parties, shall be the additional loss payee or additional mortgagee under any such casualty or property insurance, except in each case as the Collateral Agent and the Borrower may otherwise agree.
(b) If With respect to each improved Real Estate subject to a Mortgage, obtain flood insurance with coverages and in amounts sufficient to comply with the Flood Insurance Laws and, in any buildings or improvements comprising of any Mortgaged Property are at any time located event, in an area identified amount not less than $5.0 million for Zone A “special flood hazard areas” and $10.0 million for all other “special flood hazard areas”, in each case, as set forth on any Flood Insurance Rate Map published by the Federal Emergency Management Agency (or any successor agency) as a special flood hazard area with respect to which flood insurance has been made available under the Flood Insurance Laws, then the Borrower shall, or shall cause the applicable Credit Parties to, solely to the extent required by Applicable Law, (i) maintain, or cause to be maintained, with a financially sound and reputable insurer (determined at the time such insurance is obtained or renewed), flood insurance in an amount and otherwise sufficient to comply with all applicable rules and regulations promulgated pursuant to the Flood Insurance Laws and (ii) deliver to the Collateral Administrative Agent evidence of such compliance in form and substance reasonably acceptable to the Administrative Agent.
(c) Fire and extended coverage policies maintained with respect to any Collateral shall be endorsed or otherwise amended to include (i) a mortgage clause (regarding improvements to Real Estate) and lenders’ loss payable clause (regarding personal property), in form and substance satisfactory to the Collateral Agent, which endorsements or amendments shall provide that the insurer shall pay all proceeds otherwise payable to the Loan Parties under the policies directly to the Collateral Agent, and (ii) such other provisions as the Collateral Agent may reasonably require from time to time to protect the interests of the Credit Parties. Commercial general liability policies shall be endorsed to name the Collateral Agent as an additional insured. Business interruption policies with respect to Holdings and the Domestic Subsidiaries shall name the Collateral Agent as a loss payee and shall be endorsed or amended to include (i) a provision that, from and after the Closing Date, the insurer shall pay all proceeds otherwise payable to the Loan Parties under the policies directly to the Collateral Agent, and (ii) such other provisions as the Collateral Agent may reasonably require from time to time to protect the interests of the Credit Parties. Each such policy referred to in this Section 6.07 shall also provide that it shall not be canceled or not renewed (i) by reason of nonpayment of premium except upon not less than ten (10) days’ prior written notice thereof by the insurer to the Collateral Agent (giving the Collateral Agent the right to cure defaults in the payment of premiums) or (ii) for any other reason except upon not less than thirty (30) days’ prior written notice thereof by the insurer to the Collateral Agent. The Borrower shall deliver to the Collateral Agent, prior to the cancellation, modification adverse to the Lenders, or non-renewal of any such policy of insurance, a copy of a renewal or replacement policy (or other evidence of renewal of a policy previously delivered to the Collateral Agent, including an insurance binder) together with evidence satisfactory to the Collateral Agent of payment of the premium therefor.
(d) In the event that any part of the Collateral (other than, as long as the ABL Facility is outstanding, ABL Priority Collateral) is damaged by fire or other casualty and the insurance proceeds for such damage are greater than $5.0 million in any Fiscal Year, such proceeds, in their entirety, shall be delivered to the Administrative Agent and the Administrative Agent shall promptly apply such proceeds in accordance with Section 2.03(b) or 8.03, as applicable. In the event any part of the Collateral (other than, as long as the ABL Facility is outstanding, ABL Priority Collateral) is damaged by fire or other casualty and the insurance proceeds for such damage are less than $5.0 million in any Fiscal Year, such proceeds, in their entirety, shall be delivered to the Borrower, and
(e) None of the Credit Parties, or their agents or employees shall be liable for any loss or damage insured by the insurance policies required to be maintained under this Section 6.07. Each Loan Party shall look solely to its insurance companies or any other parties other than the Credit Parties for the recovery of such loss or damage and such insurance companies shall have no rights of subrogation against any Credit Party or its agents or employees. If, however, the insurance policies do not provide waiver of subrogation rights against such parties, as required above, then the Loan Parties hereby agree, to the extent permitted by law, to waive their right of recovery, if any, against the Credit Parties and their agents and employees. The designation of any form, type or amount of insurance coverage by any Credit Party under this Section 6.07 shall in no event be deemed a representation, warranty or advice by such Credit Party that such insurance is adequate for the purposes of the business of the Loan Parties or the protection of their properties.
Appears in 4 contracts
Samples: Credit Agreement (Container Store Group, Inc.), Credit Agreement (Container Store Group, Inc.), Credit Agreement (Container Store Group, Inc.)
Maintenance of Insurance. (a) The Borrower Credit Parties will, and will cause each of the Restricted Subsidiaries Material Subsidiary to, at all times maintain in full force and effect, with insurance companies that the Borrower believes Holdings (in the good-good faith judgment of the management of the BorrowerHoldings) are financially sound and responsible at the time the relevant coverage is placed or renewed, insurance in at least such amounts (after giving effect to any self-insurance which the Borrower believes (in the good-faith judgment of management of the Borrower) as is reasonable and prudent in light of the size and nature of its business) business and the availability of insurance on a cost-effective basis and against at least such risks (and with such risk retentions) as are usually insured against is reasonable and prudent in light of the same general area by companies engaged in businesses similar to those engaged by the Borrower size and nature of its business and the Restricted Subsidiariesavailability of insurance on a cost-effective basis; and the Parent Borrower will furnish to the Administrative Agent for further delivery to the LendersAgent, upon promptly following written request from the Administrative AgentAgent (acting at the Direction of the Required Lenders), information presented in reasonable detail as to the insurance so carried. The Collateral Agent, for the benefit of the Secured Parties, shall be the additional insured on any such liability insurance and the Collateral Agent, for the benefit of the Secured Parties, shall be the additional loss payee or additional mortgagee under any such casualty or property insurance, except in each case as the Collateral Agent and the Borrower may otherwise agree.
(b) If if (x) any buildings or improvements comprising improved portion of any Mortgaged Property are is at any time located in an area identified by the Federal Emergency Management Agency (or any successor agency) as a special flood hazard area with respect to which flood insurance has been made available under the National Flood Insurance Act of 1968 (as now or hereafter in effect or successor act thereto) and (y) the Collateral Agent shall have delivered a notice to the Parent Borrower stating that such Mortgaged Property is located in such special flood hazard area with respect to which such flood insurance has been made available, then the applicable Credit Party shall (i) obtain flood insurance in such total amount and in such form as the Administrative Agent (acting at the Direction of the Required Lenders) or the Required Lenders may from time to time reasonably require, and otherwise comply with the Flood Insurance Laws, then the Borrower shall, or shall cause the applicable Credit Parties to, solely to the extent required by Applicable Law, (i) maintain, or cause to be maintained, with a financially sound and reputable insurer (determined at the time such insurance is obtained or renewed), flood insurance in an amount and otherwise sufficient to comply with all applicable rules and regulations promulgated pursuant to the Flood Insurance Laws and (ii) deliver to the Collateral Administrative Agent evidence of such compliance in form and substance reasonably acceptable to the Administrative Agent (acting at the Direction of the Required Lenders), including, without limitation, a copy of the flood insurance policy and a declaration page relating to the insurance policies required by this Section 9.3 which shall (1) identify the addresses of each property located in a special flood hazard area, (2) indicate the applicable flood zone designation, the flood insurance coverage and the deductible relating thereto, (3) provide that the insurer will give the Administrative Agent forty-five days written notice of cancellation or non-renewal and shall include evidence of annual renewals of such insurance and (4) be otherwise in form and substance satisfactory to the Administrative Agent (acting at the Direction of the Required Lenders) and (c) such insurance will (i) in the case of each casualty insurance policy, contain a lender loss payable endorsement that names the Collateral Agent, on behalf of the Secured Parties as the lender loss payee thereunder (or, in respect of insurance policies in Ireland, naming the Collateral Agent as co-insured) and (ii) in the case of each casualty insurance policy, contain an additional insured endorsement that names the Collateral Agent, on behalf of the Secured Parties as an additional insured thereunder (or, in respect of insurance policies in Ireland, naming the Collateral Agent as co-insured).
Appears in 4 contracts
Samples: Senior Secured Term Loan Credit Agreement (Skillsoft Corp.), Senior Secured Term Loan Credit Agreement (Skillsoft Corp.), Senior Secured Second Out Term Loan Credit Agreement (Skillsoft Corp.)
Maintenance of Insurance. a. Except as otherwise provided in subsection (b) of this Section 5.09, the Servicer shall cause to be maintained with respect to each Contract one or more Hazard Insurance Policies which provide, at a minimum, the same coverage as a standard form fire and extended coverage insurance policy that is customary for manufactured housing, issued by a company authorized to issue such policies in the state in which the related Manufactured Home is located and in an amount which is not less than the maximum insurable value of such Manufactured Home or the principal balance due from the Obligor on the related Contract, whichever is less; provided, however, that the amount of coverage provided by each Hazard Insurance Policy shall be sufficient to avoid the application of any co- insurance clause contained therein; and provided, further, that such Hazard Insurance Policies may provide for customary deductible amounts. With respect to: (a) The Borrower willa Manufactured Home securing an FHA/VA Contract, and will cause each of the Restricted Subsidiaries toif such Manufactured Home's location was, at all times maintain in full force and effect, with insurance companies that the Borrower believes (in the good-faith judgment of the management of the Borrower) are financially sound and responsible at the time the relevant coverage is placed or renewed, insurance in at least such amounts (after giving effect to any self-insurance which the Borrower believes (in the good-faith judgment of management origination of the Borrower) is reasonable and prudent in light of the size and nature of its business) and against at least such risks (and with such risk retentions) as are usually insured against in the same general area by companies engaged in businesses similar to those engaged by the Borrower and the Restricted Subsidiaries; and will furnish to the Administrative Agent for further delivery to the Lendersrelated FHA/VA Contract, upon written request from the Administrative Agent, information presented in reasonable detail as to the insurance so carried. The Collateral Agent, for the benefit of the Secured Parties, shall be the additional insured on any such liability insurance and the Collateral Agent, for the benefit of the Secured Parties, shall be the additional loss payee or additional mortgagee under any such casualty or property insurance, except in each case as the Collateral Agent and the Borrower may otherwise agree.
(b) If any buildings or improvements comprising of any Mortgaged Property are at any time located in an area identified by the Federal Emergency Management Agency (or any successor agency) as within a federally designated special flood hazard area with respect to which area, the Servicer shall also cause such flood insurance has been made available under the Flood Insurance Laws, then the Borrower shall, or shall cause the applicable Credit Parties to, solely to the extent required by Applicable Law, (i) maintain, or cause to be maintained, with which coverage shall be at least equal to the minimum amount specified in the preceding sentence or such lesser amount as may be available under the federal flood insurance program; and (b) any Contract that is not an FHA/VA Contract, the Company shall obtain (i) a financially sound and reputable insurer (determined statement from the Obligor's insurance agent that the Manufactured Home was, at the time such insurance is obtained of origination of the Contract, not in a federally designated special flood hazard area, or renewed)(ii) evidence that, at the time of origination, flood insurance was in an effect, which coverage was at least equal to the minimum amount specified in the preceding sentence or such lesser amount as may be available under the federal flood insurance program. Each Hazard Insurance Policy caused to be maintained by the Servicer shall contain a standard loss payee clause in favor of the Servicer and otherwise sufficient its successors and assigns. If any Obligor is in default in the payment of premiums on its Hazard Insurance Policy or Policies, the Servicer shall pay such premiums out of its own funds and may separately add such premium to comply the Obligor's obligation as provided by the Contract, but shall not add such premium to the remaining principal balance of the Contract.
b. The Servicer may, in lieu of causing individual Hazard Insurance Policies to be maintained with all applicable rules and regulations promulgated respect to each Manufactured Home pursuant to subsection (a) of this Section 5.09, and shall, to the Flood extent that the related Contract does not require the Obligor to maintain a Hazard Insurance Laws Policy with respect to the related Manufactured Home, maintain one or more blanket insurance policies covering losses on the Obligor's interest in the Contracts resulting from the absence or insufficiency of individual Hazard Insurance Policies. Any such blanket policy shall be substantially in the form and in the amount carried by the Servicer as of the date of this Agreement. The Servicer shall pay the premium for such policy on the basis described therein and shall deposit into the Certificate Account from its own funds any deductible amount with respect to claims under such blanket insurance policy relating to the Contracts. The Servicer shall not, however, be required to deposit any deductible amount with respect to claims under individual Hazard Insurance Policies maintained pursuant to subsection (a) of this Section. If the insurer under such blanket insurance policy shall cease to be acceptable to the Servicer, the Servicer shall exercise its best reasonable efforts to obtain from another insurer a replacement policy comparable to such policy.
c. With respect to each Manufactured Home that has been repossessed in connection with a defaulted Contract, the Servicer shall either (i) maintain one or more Hazard Insurance Policies thereon or (ii) self-insure such Manufactured Homes and deposit into the Certificate Account from its own funds any losses caused by damage to such Manufactured Home that would have been covered by a Hazard Insurance Policy.
d. The Servicer shall keep in force throughout the term of this Agreement (i) a policy or policies of insurance covering errors and omissions for failure to maintain insurance as required by this Agreement and (ii) deliver to the Collateral Agent evidence a fidelity bond. Such policy or policies and such fidelity bond shall be in such form and amount as is generally customary among Persons which service a portfolio of such compliance in form reasonably manufactured housing installment sales contracts and installment loan agreements having an aggregate principal amount of $100,000,000 or more and which are generally regarded as servicers acceptable to the Collateral Agentinstitutional investors.
Appears in 4 contracts
Samples: Pooling and Servicing Agreement (Green Tree Financial Corp), Pooling and Servicing Agreement (Green Tree Financial Corp), Pooling and Servicing Agreement (Green Tree Financial Corp)
Maintenance of Insurance. (a) The Each Borrower will, and will cause each of the Restricted Subsidiaries Material Subsidiary to, at all times maintain in full force and effect, pursuant to self-insurance arrangements or arrangements with insurance companies that the CGI Borrower believes (in the good-good faith judgment of the management of the CGI Borrower) are financially sound and responsible at the time the relevant coverage is placed or renewed, insurance in at least such amounts (after giving effect to any self-insurance insurance) which the CGI Borrower believes (in the good-good faith judgment of management of CGI Borrower) and against at least such risks (and with such risk retentions) as CGI Borrower believes (in the good faith judgment of management of CGI Borrower) is reasonable and prudent in light of the size and nature of its business) and against at least such risks (and with such risk retentions) as are usually insured against in the same general area by companies engaged in businesses similar to those engaged by the Borrower business and the Restricted Subsidiariesavailability of insurance on a cost-effective basis; and will furnish to the Administrative Agent for further delivery to the LendersAgent, upon promptly following written request from the Administrative Agent, certificates of insurance, copies of the polices of insurance and information presented in reasonable detail as to the insurance so carried. The Collateral Agent, for the benefit of the Secured Parties, shall be the additional insured on any such liability insurance and the Collateral Agent, for the benefit of the Secured Parties, shall be the additional loss payee or additional mortgagee under any such casualty or property insurance, except in each case as the Collateral Agent and the Borrower may otherwise agree.
(b) If With respect to any buildings or Mortgaged Property, each Borrower will obtain flood insurance in such total amount as may reasonably be required by the Administrative Agent, if at any time the area in which any improvements comprising of located on any Mortgaged Property are at is designated a “special flood hazard area” in any time located in an area identified Flood Insurance Rate Map published by the Federal Emergency Management Agency (or any successor agency) ), and otherwise comply with the National Flood Insurance Program as a special flood hazard area with respect to which flood insurance has been made available under set forth in the Flood Insurance Laws, then the Disaster Protection Act of 1973.
(c) Each policy of insurance maintained by a Borrower shall, or other Credit Party shall cause the applicable Credit Parties to, solely to the extent required by Applicable Law, (i) maintainin the case of each general liability and umbrella liability insurance policy, or cause to be maintainedname the Administrative Agent, with a financially sound and reputable insurer (determined at on behalf of the time such insurance is obtained or renewed)Secured Parties, flood insurance in as an amount and otherwise sufficient to comply with all applicable rules and regulations promulgated pursuant to the Flood Insurance Laws and additional insured thereunder as its interests may appear, (ii) deliver to in the Collateral case of each casualty insurance policy, contain a loss payable clause or endorsement that names the Administrative Agent, on behalf of the Secured Parties, as first loss payee thereunder, and (iii) contain such standard mortgage clauses as the Agent evidence of such compliance in form shall reasonably acceptable to require for the Collateral AgentLenders’ protection.
Appears in 4 contracts
Samples: Credit Agreement (Canada Goose Holdings Inc.), Credit Agreement (Canada Goose Holdings Inc.), Credit Agreement (Canada Goose Holdings Inc.)
Maintenance of Insurance. (a1) The Borrower will, and will cause each of the Restricted Subsidiaries to, at all times maintain in full force and effect, Maintain with insurance companies that the Borrower believes (in the good-good faith judgment of the management of the Borrowerits management) are financially sound and responsible reputable at the time the relevant coverage is placed or renewedrenewed or with a Captive Insurance Subsidiary, insurance with respect to its properties and business against loss or damage of the kinds customarily insured against by Persons engaged in at least the same or similar business, of such types and in such amounts (after giving effect to any self-insurance which the Borrower believes (in the good-faith judgment of management of the Borrower) is reasonable and prudent in light of the size and nature of its business) and against at least such risks (and with such risk retentions) as are usually insured against customary for similarly situated Persons engaged in the same general area by companies engaged in or similar businesses similar to those engaged by as the Borrower and the Restricted Subsidiaries; and will furnish to the Administrative Agent for further delivery ) as are customarily carried under similar circumstances by such other Persons.
(2) Furnish to the Lenders, upon reasonable written request from the Administrative Agent, information presented in reasonable detail as to the insurance so carried. The carried by the Borrower and its Restricted Subsidiaries.
(3) Each such policy of insurance will, as is appropriate and customary, (a) name the Collateral Agent, for the benefit on behalf of the Secured Parties, shall be the as an additional insured on any such liability thereunder as its interests may appear or (b) in the case of each property and casualty insurance and policy, contain a lender loss payable/mortgagee clause or endorsement that names the Collateral Agent, for the benefit on behalf of the Secured Parties, shall be the additional loss payee or additional mortgagee under any such casualty or property insurance, except in each case Parties as the Collateral Agent and lender loss payee/mortgagee thereunder; provided, that to the extent that the requirements of this Section 6.07(3) are not satisfied on the Closing Date after the Borrower’s commercially reasonable efforts to obtain the same, the Borrower may otherwise agreesatisfy such requirements within ninety (90) days of the Closing Date (as extended by the Administrative Agent in its reasonable discretion).
(b4) If any buildings or improvements comprising portion of any Mortgaged Property are is at any time located in an area identified by the Federal Emergency Management Agency (or any successor agency) as a special flood hazard area with respect to which flood insurance has been made available under the Flood Insurance Laws, then the Borrower shall, or shall cause the applicable Credit Parties to, solely each Loan Party to the extent required by Applicable Law, (i) maintain, or cause to be maintained, with a financially sound and reputable insurer (determined at the time such insurance is obtained or renewed)insurer, flood insurance in an amount and otherwise sufficient to comply with all applicable rules and regulations promulgated pursuant to the Flood Insurance Laws and (ii) deliver to the Collateral Administrative Agent evidence of such compliance in form and substance reasonably acceptable to the Collateral Administrative Agent.
Appears in 4 contracts
Samples: Credit Agreement (Impax Laboratories Inc), Credit Agreement (Impax Laboratories Inc), Credit Agreement (Press Ganey Holdings, Inc.)
Maintenance of Insurance. a. Except as otherwise provided in subsection (b) of this Section 5.09, the Servicer shall cause to be maintained with respect to each Contract one or more Hazard Insurance Policies which provide, at a minimum, the same coverage as a standard form fire and extended coverage insurance policy that is customary for manufactured housing, issued by a company authorized to issue such policies in the state in which the related Manufactured Home is located and in an amount which is not less than the maximum insurable value of such Manufactured Home or the principal balance due from the Obligor on the related Contract, whichever is less; provided, however, that the amount of coverage provided by each Hazard Insurance Policy shall be sufficient to avoid the application of any co-insurance clause contained therein; and provided, further, that such Hazard Insurance Policies may provide for customary deductible amounts. With respect to: (a) The Borrower willa Manufactured Home securing an FHA/VA Contract, and will cause each of the Restricted Subsidiaries toif such Manufactured Home's location was, at all times maintain in full force and effect, with insurance companies that the Borrower believes (in the good-faith judgment of the management of the Borrower) are financially sound and responsible at the time the relevant coverage is placed or renewed, insurance in at least such amounts (after giving effect to any self-insurance which the Borrower believes (in the good-faith judgment of management origination of the Borrower) is reasonable and prudent in light of the size and nature of its business) and against at least such risks (and with such risk retentions) as are usually insured against in the same general area by companies engaged in businesses similar to those engaged by the Borrower and the Restricted Subsidiaries; and will furnish to the Administrative Agent for further delivery to the Lendersrelated FHA/VA Contract, upon written request from the Administrative Agent, information presented in reasonable detail as to the insurance so carried. The Collateral Agent, for the benefit of the Secured Parties, shall be the additional insured on any such liability insurance and the Collateral Agent, for the benefit of the Secured Parties, shall be the additional loss payee or additional mortgagee under any such casualty or property insurance, except in each case as the Collateral Agent and the Borrower may otherwise agree.
(b) If any buildings or improvements comprising of any Mortgaged Property are at any time located in an area identified by the Federal Emergency Management Agency (or any successor agency) as within a federally designated special flood hazard area with respect to which area, the Servicer shall also cause such flood insurance has been made available under the Flood Insurance Laws, then the Borrower shall, or shall cause the applicable Credit Parties to, solely to the extent required by Applicable Law, (i) maintain, or cause to be maintained, with which coverage shall be at least equal to the minimum amount specified in the preceding sentence or such lesser amount as may be available under the federal flood insurance program; and (b) any Contract that is not an FHA/VA Contract, the Originator shall obtain (i) a financially sound and reputable insurer (determined statement from the Obligor's insurance agent that the Manufactured Home was, at the time such insurance is obtained of origination of the Contract, not in a federally designated special flood hazard area, or renewed)(ii) evidence that, at the time of origination, flood insurance was in an effect, which coverage was at least equal to the minimum amount specified in the preceding sentence or such lesser amount as may be available under the federal flood insurance program. Each Hazard Insurance Policy caused to be maintained by the Servicer shall contain a standard loss payee clause in favor of the Servicer and otherwise sufficient its successors and assigns. If any Obligor is in default in the payment of premiums on its Hazard Insurance Policy or Policies, the Servicer shall pay such premiums out of its own funds and may separately add such premium to comply the Obligor's obligation as provided by the Contract, but shall not add such premium to the remaining principal balance of the Contract.
b. The Servicer may, in lieu of causing individual Hazard Insurance Policies to be maintained with all applicable rules and regulations promulgated respect to each Manufactured Home pursuant to subsection (a) of this Section 5.09, and shall, to the Flood extent that the related Contract does not require the Obligor to maintain a Hazard Insurance Laws Policy with respect to the related Manufactured Home, maintain one or more blanket insurance policies covering losses on the Obligor's interest in the Contracts resulting from the absence or insufficiency of individual Hazard Insurance Policies. Any such blanket policy shall be substantially in the form and in the amount carried by the Servicer as of the date of this Agreement. The Servicer shall pay the premium for such policy on the basis described therein and shall deposit into the Certificate Account from its own funds any deductible amount with respect to claims under such blanket insurance policy relating to the Contracts. The Servicer shall not, however, be required to deposit any deductible amount with respect to claims under individual Hazard Insurance Policies maintained pursuant to subsection (a) of this Section. If the insurer under such blanket insurance policy shall cease to be acceptable to the Servicer, the Servicer shall exercise its best reasonable efforts to obtain from another insurer a replacement policy comparable to such policy.
c. With respect to each Manufactured Home that has been repossessed in connection with a defaulted Contract, the Servicer shall either (i) maintain one or more Hazard Insurance Policies thereon or (ii) self-insure such Manufactured Homes and deposit into the Certificate Account from its own funds any losses caused by damage to such Manufactured Home that would have been covered by a Hazard Insurance Policy.
d. The Servicer shall keep in force throughout the term of this Agreement (i) a policy or policies of insurance covering errors and omissions for failure to maintain insurance as required by this Agreement and (ii) deliver to the Collateral Agent evidence a fidelity bond. Such policy or policies and such fidelity bond shall be in such form and amount as is generally customary among Persons which service a portfolio of such compliance in form reasonably manufactured housing installment sales contracts and installment loan agreements having an aggregate principal amount of $100,000,000 or more and which are generally regarded as servicers acceptable to the Collateral Agentinstitutional investors.
Appears in 3 contracts
Samples: Pooling and Servicing Agreement (Conseco Finance Securitizations Corp), Pooling and Servicing Agreement (Conseco Finance Securitizations Corp), Pooling and Servicing Agreement (Conseco Finance Securitizations Corp)
Maintenance of Insurance. (a) The Borrower willExcept as otherwise provided in subsection (b) of this Section 3.10, and will the Servicer shall cause to be maintained with respect to each of the Restricted Subsidiaries toContract one or more Hazard Insurance Policies which provide, at all times maintain a minimum, the same coverage as a standard form fire and extended coverage insurance policy that is customary for manufactured housing, issued by a company authorized to issue such policies in full force the state in which the related Manufactured Home is located and effectin an amount which is not less than the maximum insurable value of such Manufactured Home or the principal balance due from the Obligor on the related Contract, with insurance companies whichever is less; provided, however, that the Borrower believes amount of coverage provided by each Hazard Insurance Policy shall be sufficient to avoid the application of any co-insurance clause contained therein; and provided, further, that such Hazard Insurance Policies may provide for customary deductible amounts. With respect to any Contract, the Servicer shall cause the Originator to obtain (in i) a statement from the good-faith judgment of Obligor's insurance agent or through other information sources that the management of the Borrower) are financially sound and responsible Manufactured Home was, at the time of origination of the relevant Contract, not in a federally designated special flood hazard area, or (ii) evidence that, at the time of origination, flood insurance was in effect, which coverage is placed or renewed, insurance in was at least such amounts (after giving effect equal to any self-insurance which the Borrower believes (minimum amount specified in the good-faith judgment of management preceding sentence or such lesser amount as may be available under the federal flood insurance program. Each Hazard Insurance Policy caused to be maintained by the Servicer shall contain a standard loss payee clause in favor of the Borrower) Servicer and its successors and assigns. If any Obligor is reasonable in default in the payment of premiums on its Hazard Insurance Policy or Policies, the Servicer shall force place coverage and prudent in light pay such premiums out of its own funds and may separately add such premium to the Obligor's obligation as provided by the Contract, but shall not add such premium to the remaining principal balance of the size Contract. If the Obligor does not reimburse the Servicer for payment of such premiums and nature the related Contract is liquidated after a default, the Servicer shall be reimbursed for its payment of its business) such premiums out of the related Liquidation Proceeds, and against at least if such risks (and with such risk retentions) as are usually insured against in the same general area by companies engaged in businesses similar to those engaged advance for insurance premiums is deemed by the Borrower and Servicer to be nonrecoverable in its reasonable opinion, the Restricted Subsidiaries; and will furnish to the Administrative Agent for further delivery to the Lenders, upon written request Servicer may reimburse itself from the Administrative Agent, information presented in reasonable detail as to the insurance so carried. The Collateral Agent, Collection Account for the benefit of the Secured Parties, shall be the additional insured on any such liability insurance and the Collateral Agent, for the benefit of the Secured Parties, shall be the additional loss payee or additional mortgagee under any such casualty or property insurance, except in each case as the Collateral Agent and the Borrower may otherwise agreeNonrecoverable Advance.
(b) If any buildings or improvements comprising The Servicer may, in lieu of any Mortgaged Property are at any time located in an area identified by the Federal Emergency Management Agency (or any successor agency) as a special flood hazard area causing individual Hazard Insurance Policies to be maintained with respect to which flood insurance has been made available under the Flood Insurance Lawseach Manufactured Home pursuant to subsection (a) of this Section 3.10, then the Borrower and shall, or shall cause the applicable Credit Parties to, solely to the extent that the related Contract does not require the Obligor to maintain a Hazard Insurance Policy with respect to the related Manufactured Home, maintain one or more blanket insurance policies covering losses on the Obligor's interest in the Contracts resulting from the absence or insufficiency of individual Hazard Insurance Policies. Any such blanket policy shall be substantially in the form and in the amount carried by the Servicer as of the date of this Agreement. The Servicer shall pay the premium for such policy on the basis described therein and shall deposit into the Collection Account from its own funds any deductible amount with respect to claims under such blanket insurance policy relating to the Contracts. The Servicer shall not, however, be required by Applicable Lawto deposit any deductible amount with respect to claims under individual Hazard Insurance Policies maintained pursuant to subsection (a) of this Section. If the insurer under such blanket insurance policy shall cease to be acceptable to the Servicer, the Servicer shall exercise its best reasonable efforts to obtain from another insurer a replacement policy comparable to such policy.
(c) With respect to each Manufactured Home that has been repossessed in connection with a defaulted Contract, the Servicer shall either (i) maintain, maintain one or cause more Hazard Insurance Policies thereon or (ii) self-insure such Manufactured Homes and deposit into the Collection Account from its own funds any losses caused by damage to be maintained, with such Manufactured Home that would have been covered by a financially sound Hazard Insurance Policy.
(d) The Servicer shall keep in force throughout the term of this Agreement (i) a policy or policies of insurance covering errors and reputable insurer (determined at the time such omissions for failure to maintain insurance is obtained or renewed), flood insurance in an amount and otherwise sufficient to comply with all applicable rules and regulations promulgated pursuant to the Flood Insurance Laws as required by this Agreement and (ii) deliver to the Collateral Agent evidence a fidelity bond. Such policy or policies and such fidelity bond shall be in such form and amount as is generally customary among Persons which service a portfolio of such compliance in form reasonably manufactured housing installment sales contracts and installment loan agreements having an aggregate principal amount of $ 100,000,000 or more and which are generally regarded as servicers acceptable to the Collateral Agentinstitutional investors.
Appears in 3 contracts
Samples: Servicing Agreement (Origen Residential Securities, Inc.), Servicing Agreement (Origen Manufactured Housing Contract Trust 2004-B), Servicing Agreement (Origen Residential Securities, Inc.)
Maintenance of Insurance. Maintain with financially sound and reputable insurance companies not Affiliates of the Borrowers, adequate insurance with respect to its properties (including properties that are subject to a mortgage or deed of trust) and business against loss or damage of the kinds (including public liability risks) customarily insured against by Persons engaged in the same or similar business, of such types and in such amounts as are customarily carried under similar circumstances by such other Persons and providing (a) The Borrower will, and will cause each for payment of the Restricted Subsidiaries to, at all times maintain in full force and effect, with insurance companies that the Borrower believes (in the good-faith judgment of the management of the Borrower) are financially sound and responsible at the time the relevant coverage is placed or renewed, insurance in at least such amounts (after giving effect to any self-insurance which the Borrower believes (in the good-faith judgment of management of the Borrower) is reasonable and prudent in light of the size and nature of its business) and against at least such risks (and with such risk retentions) as are usually insured against in the same general area by companies engaged in businesses similar to those engaged by the Borrower and the Restricted Subsidiaries; and will furnish losses to the Administrative Collateral Agent as its interests may appear, (b) that such policies may not be canceled or reduced or affected in any material manner for further delivery any reason without 30 days prior notice to the Lenders, upon written request from the Administrative Agent, information presented in reasonable detail as to the insurance so carried. The Collateral Agent, for the benefit of the Secured Parties, shall be the additional insured on any such liability insurance and the Collateral Agent, and (c) for the benefit of the Secured Parties, shall be the additional loss payee any other matters specified in any applicable Security Document or additional mortgagee under any such casualty or property insurance, except in each case as which the Collateral Agent may reasonably require. The Borrowers will and will cause Parent Borrower and its Subsidiaries to (i) provide the Borrower Administrative Agent with a standard flood hazard determination form for such property, (ii) obtain and provide evidence of flood insurance (including evidence of renewal and payment of premiums therefor) in such total amount as the Administrative Agent or the Required Lenders may otherwise agree.
(b) If any buildings from time to time reasonably require and prior to the expiration or improvements comprising of any Mortgaged Property are lapse thereof if at any time the area in which any improvements located on any properties that are subject to a mortgage or deed of trust (where such improvements are subject to such mortgage or deed of trust) are within a “flood hazard area” in an area identified any Flood Insurance Rate Map published by the Federal Emergency Management Agency (or any successor agency), (iii) as furnish to the Administrative Agent prompt written notice of any redesignation of any such improved real property into or out of a special flood hazard area area, and (iv) otherwise comply with the Flood Insurance Regulations. In addition, to the extent Parent Borrower or any Subsidiary fails to obtain or maintain satisfactory flood insurance required pursuant to the preceding sentence with respect to which any relevant property, the Administrative Agent shall be permitted, in its sole discretion, to obtain forced placed insurance at the Borrowers’ expense to ensure compliance with any applicable flood insurance has been made available under the laws or Flood Insurance Laws, then the Borrower shall, or shall cause the applicable Credit Parties to, solely to the extent required by Applicable Law, (i) maintain, or cause to be maintained, with a financially sound and reputable insurer (determined at the time such insurance is obtained or renewed), flood insurance in an amount and otherwise sufficient to comply with all applicable rules and regulations promulgated pursuant to the Flood Insurance Laws and (ii) deliver to the Collateral Agent evidence of such compliance in form reasonably acceptable to the Collateral AgentRegulations.
Appears in 3 contracts
Samples: Credit Agreement (CSI Compressco LP), Credit Agreement (Tetra Technologies Inc), Credit Agreement (Compressco Partners, L.P.)
Maintenance of Insurance. (a) The Each of Parent and Borrower willshall, and will shall cause each of the Restricted Subsidiaries other Company to, at all times maintain in full force and effect, with insurance companies that the Borrower believes (in the good-faith judgment of the management of the Borrower) are financially sound and responsible at the time the relevant coverage is placed or renewedreputable insurance companies not Affiliates of any Company, insurance in at least such amounts (after giving effect with respect to any self-insurance which the Borrower believes (in the good-faith judgment of management its properties and business against loss or damage of the Borrower) is reasonable and prudent in light of the size and nature of its business) and against at least such risks (and with such risk retentions) as are usually kinds customarily insured against by Persons engaged in the same general area or similar business, of such types and in such amounts as are customarily carried under similar circumstances by companies engaged such other Persons.
(b) Without limiting the foregoing, each of Parent and Borrower shall, and shall cause each other Loan Party to, obtain and maintain, at Borrower’s or the applicable Mortgagor’s sole expense: (i) property insurance with respect to all insurable property, against loss or damage by fire, lightning, windstorm, explosion, hail, tornado and such additional hazards as are presently included in businesses similar special form (also known as “all-risk”) coverage and against any and all acts of terrorism and such other insurable hazards as Administrative Agent may require, in an amount not less than one hundred percent (100%) of the full replacement cost, including the cost of debris removal, without deduction for depreciation and sufficient to those engaged by the Borrower prevent any Company and the Restricted SubsidiariesAdministrative Agent and Lenders from becoming coinsurers; (ii) if and will furnish to the Administrative Agent extent any portion of any Borrowing Base Property or the Improvements is, under the Flood Disaster Protection Act of 1973 (for further delivery purposes of this Section, “FDPA”), as it may be amended from time to the Lenderstime, upon written request from the in a Special Flood Hazard Area, within a Flood Zone designated A or V in a participating community, a flood insurance policy in an amount required by Administrative Agent, information presented but in reasonable detail no event less than the amount sufficient to meet the requirements of applicable Law and the FDPA, as such requirements may from time to time be in effect; (iii) general liability insurance, on an “occurrence” basis against claims for “personal injury” liability, including bodily injury, death, or property damage liability, for the insurance so carried. The Collateral benefit of the applicable Loan Parties as named insureds and Administrative Agent, for the benefit of the Secured PartiesLenders, shall be the as additional insured on any such liability insured; (iv) statutory workers’ compensation insurance and the Collateral Agent, for the benefit of the Secured Parties, shall be the additional loss payee or additional mortgagee under any such casualty or property insurance, except in each case as the Collateral Agent and the Borrower may otherwise agree.
(b) If any buildings or improvements comprising of any Mortgaged Property are at any time located in an area identified by the Federal Emergency Management Agency (or any successor agency) as a special flood hazard area with respect to which flood any work on or about any of the Borrowing Base Properties (including employer’s liability insurance, if required by Administrative Agent), covering all employees and contractors of each applicable Loan Party; and (v) such other insurance has been made available under on the Flood Insurance LawsBorrowing Base Properties and endorsements as may from time to time be required by Administrative Agent (including soft cost coverage, then the Borrower shallautomobile liability insurance, business interruption insurance, or delayed rental insurance, boiler and machinery insurance, earthquake insurance, wind insurance, sinkhole coverage, and/or permit to occupy endorsement) and against other insurable hazards or casualties which at the time are commonly insured against in the case of premises similarly situated, due regard being given to the height, type, construction, location, use and occupancy of buildings and Improvements. All insurance policies shall cause be issued and maintained by insurers, in amounts, with deductibles, limits and retentions, and in forms satisfactory to Administrative Agent. All insurance companies providing insurance required pursuant to this Agreement or any other Loan Document must be licensed to do business in the state in which the applicable Credit Parties to, solely to the extent required by Applicable Law, (i) maintainBorrowing Base Property is located and must have an A. M. Best Company financial and performance ratings of A-:IX or better. All insurance policies maintained, or cause caused to be maintained, with respect to the Borrowing Base Properties, except for general liability insurance, shall provide that each such policy shall be primary without right of contribution from any other insurance that may be carried, Administrative Agent or any Lender and that all of the provisions thereof, except the limits of liability, shall operate in the same manner as if there were a financially sound separate policy covering each insured. If any insurer which has issued a policy of hazard, liability, or other insurance required pursuant to this Agreement or any other Loan Document becomes insolvent or is the subject of any petition, case, proceeding or other action pursuant to any Debtor Relief Law, or if in Administrative Agent’s reasonable opinion the financial responsibility of such insurer is or becomes inadequate, then each applicable Loan Party shall in each instance promptly upon its discovery thereof or upon the request of Administrative Agent therefor, promptly obtain and reputable deliver to Administrative Agent a like policy (or, if and to the extent permitted by Administrative Agent, acceptable evidence of insurance) issued by another insurer, which insurer and policy meet the requirements of this Agreement or such other Loan Document, as the case may be.
(determined c) Each of Parent and Borrower shall, and shall cause each other Loan Party to, cause all certificates of insurance or other evidence of each initial insurance policy to be delivered to Administrative Agent on or prior to the Closing Date, with all premiums fully paid current, and each renewal or substitute policy (or evidence of insurance) shall be delivered to Administrative Agent, with all premiums fully paid current, at least ten (10) days after the termination of the policy it renews or replaces.
(d) Each of Parent and Borrower shall, and shall cause each other Loan Party to, pay all premiums on policies required hereunder as they become due and payable and promptly deliver to Administrative Agent evidence satisfactory to Administrative Agent of the timely payment thereof. If any loss occurs at any time when the Loan Parties have failed to perform the Loan Parties’ covenants and agreements in this Section 7.07 with respect to any insurance payable because of loss sustained to any part of any Borrowing Base Property or otherwise, whether or not such insurance is obtained or renewed)required by Administrative Agent and the Lenders, flood insurance in an amount then Administrative Agent and otherwise sufficient to comply with all applicable rules and regulations promulgated pursuant the Lenders shall nevertheless be entitled to the Flood Insurance Laws benefit of all insurance covering the loss and (ii) deliver held by or for a Loan Party, to the same extent as if it had been made payable to Administrative Agent for the benefit of Lenders.
(e) Each of Parent and Borrower shall, and shall cause each other Loan Party to, cause all insurance policies provided for or contemplated by this Section 7.07 with respect to the assets and properties of the Loan Parties that constitute Collateral to name the applicable Loan Party as the insured and Administrative Agent evidence as the additional insured or loss payee, as its interests may appear, in form and substance satisfactory to Administrative Agent, providing that the loss thereunder shall be payable directly to Administrative Agent. In addition, such insurance policies shall provide for at least thirty (30) days’ prior written notice to Administrative Agent of any termination, lapse, modification, or cancellation of such compliance policy or ten (10) days notice in form reasonably acceptable to the Collateral Agentcase of non-payment of any premium.
Appears in 3 contracts
Samples: Credit Agreement (DLC Realty Trust, Inc.), Credit Agreement (DLC Realty Trust, Inc.), Credit Agreement (DLC Realty Trust, Inc.)
Maintenance of Insurance. a. Except as otherwise provided in subsection (b) of this Section 5.09, the Servicer shall cause to be maintained with respect to each Contract one or more Hazard Insurance Policies which provide, at a minimum, the same coverage as a standard form fire and extended coverage insurance policy that is customary for manufactured housing, issued by a company authorized to issue such policies in the state in which the related Manufactured Home is located and in an amount which is not less than the maximum insurable value of such Manufactured Home or the principal balance due from the Obligor on the related Contract, whichever is less; PROVIDED, HOWEVER, that the amount of coverage provided by each Hazard Insurance Policy shall be sufficient to avoid the application of any co-insurance clause contained therein; and PROVIDED, FURTHER, that such Hazard Insurance Policies may provide for customary deductible amounts. With respect to: (a) The Borrower willa Manufactured Home securing an FHA/VA Contract, and will cause each of the Restricted Subsidiaries toif such Manufactured Home's location was, at all times maintain in full force and effect, with insurance companies that the Borrower believes (in the good-faith judgment of the management of the Borrower) are financially sound and responsible at the time the relevant coverage is placed or renewed, insurance in at least such amounts (after giving effect to any self-insurance which the Borrower believes (in the good-faith judgment of management origination of the Borrower) is reasonable and prudent in light of the size and nature of its business) and against at least such risks (and with such risk retentions) as are usually insured against in the same general area by companies engaged in businesses similar to those engaged by the Borrower and the Restricted Subsidiaries; and will furnish to the Administrative Agent for further delivery to the Lendersrelated FHA/VA Contract, upon written request from the Administrative Agent, information presented in reasonable detail as to the insurance so carried. The Collateral Agent, for the benefit of the Secured Parties, shall be the additional insured on any such liability insurance and the Collateral Agent, for the benefit of the Secured Parties, shall be the additional loss payee or additional mortgagee under any such casualty or property insurance, except in each case as the Collateral Agent and the Borrower may otherwise agree.
(b) If any buildings or improvements comprising of any Mortgaged Property are at any time located in an area identified by the Federal Emergency Management Agency (or any successor agency) as within a federally designated special flood hazard area with respect to which area, the Servicer shall also cause such flood insurance has been made available under the Flood Insurance Laws, then the Borrower shall, or shall cause the applicable Credit Parties to, solely to the extent required by Applicable Law, (i) maintain, or cause to be maintained, with which coverage shall be at least equal to the minimum amount specified in the preceding sentence or such lesser amount as may be available under the federal flood insurance program; and (b) any Contract that is not an FHA/VA Contract, the Company shall obtain (i) a financially sound and reputable insurer (determined statement from the Obligor's insurance agent that the Manufactured Home was, at the time such insurance is obtained of origination of the Contract, not in a federally designated special flood hazard area, or renewed)(ii) evidence that, at the time of origination, flood insurance was in an effect, which coverage was at least equal to the minimum amount specified in the preceding sentence or such lesser amount as may be available under the federal flood insurance program. Each Hazard Insurance Policy caused to be maintained by the Servicer shall contain a standard loss payee clause in favor of the Servicer and otherwise sufficient its successors and assigns. If any Obligor is in default in the payment of premiums on its Hazard Insurance Policy or Policies, the Servicer shall pay such premiums out of its own funds and may separately add such premium to comply the Obligor's obligation as provided by the Contract, but shall not add such premium to the remaining principal balance of the Contract.
b. The Servicer may, in lieu of causing individual Hazard Insurance Policies to be maintained with all applicable rules and regulations promulgated respect to each Manufactured Home pursuant to subsection (a) of this Section 5.09, and shall, to the Flood extent that the related Contract does not require the Obligor to maintain a Hazard Insurance Laws Policy with respect to the related Manufactured Home, maintain one or more blanket insurance policies covering losses on the Obligor's interest in the Contracts resulting from the absence or insufficiency of individual Hazard Insurance Policies. Any such blanket policy shall be substantially in the form and in the amount carried by the Servicer as of the date of this Agreement. The Servicer shall pay the premium for such policy on the basis described therein and shall deposit into the Certificate Account from its own funds any deductible amount with respect to claims under such blanket insurance policy relating to the Contracts. The Servicer shall not, however, be required to deposit any deductible amount with respect to claims under individual Hazard Insurance Policies maintained pursuant to subsection (a) of this Section. If the insurer under such blanket insurance policy shall cease to be acceptable to the Servicer, the Servicer shall exercise its best reasonable efforts to obtain from another insurer a replacement policy comparable to such policy.
c. With respect to each Manufactured Home that has been repossessed in connection with a defaulted Contract, the Servicer shall either (i) maintain one or more Hazard Insurance Policies thereon or (ii) self-insure such Manufactured Homes and deposit into the Certificate Account from its own funds any losses caused by damage to such Manufactured Home that would have been covered by a Hazard Insurance Policy.
d. The Servicer shall keep in force throughout the term of this Agreement (i) a policy or policies of insurance covering errors and omissions for failure to maintain insurance as required by this Agreement and (ii) deliver to the Collateral Agent evidence a fidelity bond. Such policy or policies and such fidelity bond shall be in such form and amount as is generally customary among Persons which service a portfolio of such compliance in form reasonably manufactured housing installment sales contracts and installment loan agreements having an aggregate principal amount of $100,000,000 or more and which are generally regarded as servicers acceptable to the Collateral Agentinstitutional investors.
Appears in 3 contracts
Samples: Pooling and Servicing Agreement (Green Tree Financial Corp), Pooling and Servicing Agreement (Green Tree Financial Corp), Pooling and Servicing Agreement (Green Tree Financial Corp)
Maintenance of Insurance. (a) The Borrower Holdings will, and will cause each of the Restricted Subsidiaries Material Subsidiary to, at all times maintain in full force and effect, pursuant to self-insurance arrangements or with insurance companies that the Borrower Holdings believes (in the good-good faith judgment of the management of the BorrowerHoldings) are financially sound and responsible at the time the relevant coverage is placed or renewed, insurance in at least such amounts (after giving effect to any self-insurance which the Borrower Holdings believes (in the good-good faith judgment of management of the BorrowerHoldings) is reasonable and prudent in light of the size and nature of its businessbusiness and the availability of insurance on a cost-effective basis) and against at least such risks (and with such risk retentions) as are usually insured against Holdings believes (in the same general area by companies engaged good faith judgment of management of Holdings) is reasonable and prudent in businesses similar to those engaged by light of the Borrower size and nature of its business and the Restricted Subsidiariesavailability of insurance on a cost-effective basis; and will furnish to the Administrative Agent for further delivery to the LendersAgent, upon written request from the Administrative Agent, information presented in reasonable detail as to the insurance so carried. The Collateral Agent, for the benefit carried and each such policy of the Secured Parties, insurance shall be the additional insured on any such liability insurance and (i) name the Collateral Agent, for the benefit on behalf of the Secured PartiesParties as an additional insured thereunder as its interests may appear and (ii) in the case of each casualty insurance policy, shall be contain a loss payable clause or endorsement that names Collateral Agent, on behalf of the additional Secured Parties as the loss payee or additional mortgagee under any such casualty or property insurance, except in each case as the Collateral Agent and the Borrower may otherwise agree.thereunder; and
(b) If any buildings or improvements comprising of any Mortgaged Property are at any time located in an area identified by the Federal Emergency Management Agency (or any successor agency) as a special flood hazard area with With respect to which each Mortgaged Property, Holdings will obtain flood insurance has been made available under the Flood Insurance Laws, then the Borrower shall, or shall cause the applicable Credit Parties to, solely to the extent required by Applicable Law, (i) maintain, or cause to be maintained, with a financially sound and reputable insurer (determined at the time in such insurance is obtained or renewed), flood insurance total amount in an amount and otherwise sufficient to (i) comply with all applicable rules and regulations promulgated pursuant to the Flood Insurance Laws Laws, which such insurance shall (a) identify the addresses of each property located in a Special Flood Hazard Area, (b) indicate the applicable flood zone designation, the flood insurance coverage and deductible relating thereto, (c) provide that the insurer will give the Administrative Agent 45 days written notice of cancellation or non-renewal, and (d) shall otherwise be in form and substance reasonably satisfactory to the Administrative Agent, and (ii) Holdings will deliver to the Collateral Administrative Agent evidence of such compliance in form and substance reasonably acceptable to the Collateral Administrative Agent, including, without limitation, evidence of annual renewals of such insurance.
Appears in 3 contracts
Samples: Credit Agreement (RBC Bearings INC), Credit Agreement (RBC Bearings INC), Credit Agreement (RBC Bearings INC)
Maintenance of Insurance. a. Except as otherwise provided in subsection (b) of this Section 5.09, the Servicer shall cause to be maintained with respect to each Contract one or more Hazard Insurance Policies which provide, at a minimum, the same coverage as a standard form fire and extended coverage insurance policy that is customary for manufactured housing, issued by a company authorized to issue such policies in the state in which the related Manufactured Home is located and in an amount which is not less than the maximum insurable value of such Manufactured Home or the principal balance due from the Obligor on the related Contract, whichever is less; provided, however, that the amount of coverage provided by each Hazard Insurance Policy shall be sufficient to avoid the application of any co-insurance clause contained therein; and provided, further, that such Hazard Insurance Policies may provide for customary deductible amounts. With respect to: (a) The Borrower willa Manufactured Home securing an FHA/VA Contract, and will cause each of the Restricted Subsidiaries toif such Manufactured Home's location was, at all times maintain in full force and effect, with insurance companies that the Borrower believes (in the good-faith judgment of the management of the Borrower) are financially sound and responsible at the time the relevant coverage is placed or renewed, insurance in at least such amounts (after giving effect to any self-insurance which the Borrower believes (in the good-faith judgment of management origination of the Borrower) is reasonable and prudent in light of the size and nature of its business) and against at least such risks (and with such risk retentions) as are usually insured against in the same general area by companies engaged in businesses similar to those engaged by the Borrower and the Restricted Subsidiaries; and will furnish to the Administrative Agent for further delivery to the Lendersrelated FHA/VA Contract, upon written request from the Administrative Agent, information presented in reasonable detail as to the insurance so carried. The Collateral Agent, for the benefit of the Secured Parties, shall be the additional insured on any such liability insurance and the Collateral Agent, for the benefit of the Secured Parties, shall be the additional loss payee or additional mortgagee under any such casualty or property insurance, except in each case as the Collateral Agent and the Borrower may otherwise agree.
(b) If any buildings or improvements comprising of any Mortgaged Property are at any time located in an area identified by the Federal Emergency Management Agency (or any successor agency) as within a federally designated special flood hazard area with respect to which area, the Servicer shall also cause such flood insurance has been made available under the Flood Insurance Laws, then the Borrower shall, or shall cause the applicable Credit Parties to, solely to the extent required by Applicable Law, (i) maintain, or cause to be maintained, with which coverage shall be at least equal to the minimum amount specified in the preceding sentence or such lesser amount as may be available under the federal flood insurance program; and (b) any Contract that is not an FHA/VA Contract, the Originator shall obtain (i) a financially sound and reputable insurer (determined statement from the Obligor's insurance agent that the Manufactured Home was, at the time such insurance is obtained of origination of the Contract, not in a federally designated special flood hazard area, or renewed)(ii) evidence that, at the time of origination, flood insurance was in an effect, which coverage was at least equal to the minimum amount specified in the preceding sentence or such lesser amount as may be available under the federal flood insurance program. Each Hazard Insurance Policy caused to be maintained by the Servicer shall contain a standard loss payee clause in favor of the Servicer and otherwise sufficient its successors and assigns. If any Obligor is in default in the payment of premiums on its Hazard Insurance Policy or Policies, the Servicer shall pay such premiums out of its own funds and may separately add such premium to comply the Obligor's obligation as provided by the Contract, but shall not add such premium to the remaining principal balance of the Contract.
b. The Servicer may, in lieu of causing individual Hazard Insurance Policies to be maintained with all applicable rules and regulations promulgated respect to each Manufactured Home pursuant to subsection (a) of this Section 5.09, and shall, to the Flood extent that the related Contract does not require the Obligor to maintain a Hazard Insurance Laws Policy with respect to the related Manufactured Home, maintain one or more blanket insurance policies covering losses on the creditor's interest in the Contracts resulting from the absence or insufficiency of individual Hazard Insurance Policies. Any such blanket policy shall be substantially in the form and in the amount carried by the Servicer as of the date of this Agreement. The Servicer shall pay the premium for such policy on the basis described therein and shall deposit into the Certificate Account from its own funds any deductible amount with respect to claims under such blanket insurance policy relating to the Contracts. The Servicer shall not, however, be required to deposit any deductible amount with respect to claims under individual Hazard Insurance Policies maintained pursuant to subsection (a) of this Section. If the insurer under such blanket insurance policy shall cease to be acceptable to the Servicer, the Servicer shall exercise its best reasonable efforts to obtain from another insurer a replacement policy comparable to such policy.
c. With respect to each Manufactured Home that has been repossessed in connection with a defaulted Contract, the Servicer shall either (i) maintain one or more Hazard Insurance Policies thereon or (ii) self-insure such Manufactured Homes and deposit into the Certificate Account from its own funds any losses caused by damage to such Manufactured Home that would have been covered by a Hazard Insurance Policy.
d. The Servicer shall keep in force throughout the term of this Agreement (i) a policy or policies of insurance covering errors and omissions for failure to maintain insurance as required by this Agreement and (ii) deliver to the Collateral Agent evidence a fidelity bond. Such policy or policies and such fidelity bond shall be in such form and amount as is generally customary among Persons which service a portfolio of such compliance in form reasonably manufactured housing installment sales contracts and installment loan agreements having an aggregate principal amount of $100,000,000 or more and which are generally regarded as servicers acceptable to the Collateral Agentinstitutional investors.
Appears in 3 contracts
Samples: Pooling and Servicing Agreement (Conseco Finance Securitizations Corp), Pooling and Servicing Agreement (Conseco Finance Securitizations Corp), Pooling and Servicing Agreement (Conseco Finance Securitizations Corp)
Maintenance of Insurance. (a) The Borrower will, and will cause each of the Restricted Subsidiaries to, at all times maintain in full force and effect, Maintain with insurance companies that the Borrower believes (in the good-good faith judgment of the management of the Borrowerits management) are financially sound and responsible reputable at the time the relevant coverage is placed or renewedrenewed or with a Captive Insurance Subsidiary, insurance with respect to the Borrower’s and the Restricted Subsidiaries’ properties and business against loss or damage of the kinds customarily insured against by Persons engaged in at least the same or similar business, of such types and in such amounts (after giving effect to any self-insurance which the Borrower believes (in the good-good faith judgment of the management of the Borrower) is reasonable and prudent in light of the size and nature of its business) their business and against at least such risks customary for similar situated Persons in the same industry (and with such risk retentionsas determined in good faith by the Borrower)) as are usually insured against in the same general area customarily carried under similar circumstances by companies engaged in businesses similar to those engaged by the Borrower and the Restricted Subsidiaries; such other Persons, and will furnish to the Administrative Agent for further delivery to the Lenders, upon written request from the Administrative Agent or Revolver Agent, information presented in reasonable detail as to the insurance so carried; provided that notwithstanding the foregoing, in no event will the Borrower or any Restricted Subsidiary be required to obtain or maintain insurance that is more restrictive than its normal course of practice. The Subject to Section 6.12(2), each such policy of insurance will, to the extent available from the relevant insurance carrier, as appropriate, (1) in the case of each general liability policy of a Loan Party, name the Collateral Agent, for the benefit on behalf of the Secured Parties, shall be the as an additional insured on any such liability thereunder as its interests may appear or (2) in the case of each casualty insurance and policy of a Loan Party, contain an additional loss payable clause or endorsement that names the Collateral Agent, for the benefit on behalf of the Secured Parties, shall be as the additional loss payee or additional mortgagee under any such casualty or property insurance, except in each case as the Collateral Agent thereunder and the Borrower may otherwise agree.
(b) If any buildings or improvements comprising of any Mortgaged Property are at any time located in an area identified by the Federal Emergency Management Agency (or any successor agency) as a special flood hazard area with respect Loan Parties shall use commercially reasonable efforts to which flood insurance has been made available under the Flood Insurance Laws, then the Borrower shall, or shall cause the applicable Credit Parties to, solely such policy to the extent required by Applicable Law, (i) maintain, or cause to be maintained, with a financially sound and reputable insurer (determined at the time such insurance is obtained or renewed), flood insurance in an amount and otherwise sufficient to comply with all applicable rules and regulations promulgated pursuant to the Flood Insurance Laws and (ii) deliver provide for prior written notice to the Collateral Agent evidence of any cancellation of such compliance policy (or ten days’ prior notice in form reasonably acceptable the case of non-payment) (it being understood that such commercially reasonable efforts shall not require the Borrower or its Restricted Subsidiaries to agree to obtain a different policy or agree to terms with respect to such policy that are less favorable to the Collateral AgentBorrower or its Restricted Subsidiaries).
Appears in 3 contracts
Samples: Credit Agreement (LifeStance Health Group, Inc.), Credit Agreement (LifeStance Health Group, Inc.), Credit Agreement (LifeStance Health Group, Inc.)
Maintenance of Insurance. Except as otherwise provided in subsection (b) of this Section 5.09, the Servicer shall cause to be maintained with respect to each Contract one or more Hazard Insurance Policies which provide, at a minimum, the same coverage as a standard form fire and extended coverage insurance policy that is customary for manufactured housing, issued by a company authorized to issue such policies in the state in which the related Manufactured Home is located and in an amount which is not less than the maximum insurable value of such Manufactured Home or the principal balance due from the Obligor on the related Contract, whichever is less; provided, however, that the amount of coverage provided by each Hazard Insurance Policy shall be sufficient to avoid the application of any co- insurance clause contained therein; and provided, further, that such Hazard Insurance Policies may provide for customary deductible amounts. With respect to: (a) The Borrower willa Manufactured Home securing an FHA/VA Contract, and will cause each of the Restricted Subsidiaries toif such Manufactured Home's location was, at all times maintain in full force and effect, with insurance companies that the Borrower believes (in the good-faith judgment of the management of the Borrower) are financially sound and responsible at the time the relevant coverage is placed or renewed, insurance in at least such amounts (after giving effect to any self-insurance which the Borrower believes (in the good-faith judgment of management origination of the Borrower) is reasonable and prudent in light of the size and nature of its business) and against at least such risks (and with such risk retentions) as are usually insured against in the same general area by companies engaged in businesses similar to those engaged by the Borrower and the Restricted Subsidiaries; and will furnish to the Administrative Agent for further delivery to the Lendersrelated FHA/VA Contract, upon written request from the Administrative Agent, information presented in reasonable detail as to the insurance so carried. The Collateral Agent, for the benefit of the Secured Parties, shall be the additional insured on any such liability insurance and the Collateral Agent, for the benefit of the Secured Parties, shall be the additional loss payee or additional mortgagee under any such casualty or property insurance, except in each case as the Collateral Agent and the Borrower may otherwise agree.
(b) If any buildings or improvements comprising of any Mortgaged Property are at any time located in an area identified by the Federal Emergency Management Agency (or any successor agency) as within a federally designated special flood hazard area with respect to which area, the Servicer shall also cause such flood insurance has been made available under the Flood Insurance Laws, then the Borrower shall, or shall cause the applicable Credit Parties to, solely to the extent required by Applicable Law, (i) maintain, or cause to be maintained, with which coverage shall be at least equal to the minimum amount specified in the preceding sentence or such lesser amount as may be available under the federal flood insurance program; and (b) any Contract that is not an FHA/VA Contract, the Company shall obtain (i) a financially sound and reputable insurer (determined statement from the Obligor's insurance agent that the Manufactured Home was, at the time such insurance is obtained of origination of the Contract, not in a federally designated special flood hazard area, or renewed)(ii) evidence that, at the time of origination, flood insurance was in an amount and otherwise sufficient to comply with all applicable rules and regulations promulgated pursuant effect, which coverage was at least equal to the Flood minimum amount specified in the preceding sentence or such lesser amount as may be available under the federal flood insurance program. Each Hazard Insurance Laws Policy caused to be maintained by the Servicer shall contain a standard loss payee clause in favor of the Servicer and (ii) deliver its successors and assigns. If any Obligor is in default in the payment of premiums on its Hazard Insurance Policy or Policies, the Servicer shall pay such premiums out of its own funds and may separately add such premium to the Collateral Agent evidence of Obligor's obligation as provided by the Contract, but shall not add such compliance in form reasonably acceptable premium to the Collateral Agentremaining principal balance of the Contract.
Appears in 3 contracts
Samples: Pooling and Servicing Agreement (Green Tree Financial Corp), Pooling and Servicing Agreement (Green Tree Financial Corp), Pooling and Servicing Agreement (Green Tree Financial Corp)
Maintenance of Insurance. Except as otherwise provided in subsection (b) of this Section 5.09, the Servicer shall cause to be maintained with respect to each Contract one or more Hazard Insurance Policies which provide, at a minimum, the same coverage as a standard form fire and extended coverage insurance policy that is customary for manufactured housing, issued by a company authorized to issue such policies in the state in which the related Manufactured Home is located and in an amount which is not less than the maximum insurable value of such Manufactured Home or the principal balance due from the Obligor on the related Contract, whichever is less; provided, however, that the amount of coverage provided by each Hazard Insurance Policy shall be sufficient to avoid the application of any co-insurance clause contained therein; and provided, further, that such Hazard Insurance Policies may provide for customary deductible amounts. With respect to: (a) The Borrower willa Manufactured Home securing an FHA/VA Contract, and will cause each of the Restricted Subsidiaries toif such Manufactured Home's location was, at all times maintain in full force and effect, with insurance companies that the Borrower believes (in the good-faith judgment of the management of the Borrower) are financially sound and responsible at the time the relevant coverage is placed or renewed, insurance in at least such amounts (after giving effect to any self-insurance which the Borrower believes (in the good-faith judgment of management origination of the Borrower) is reasonable and prudent in light of the size and nature of its business) and against at least such risks (and with such risk retentions) as are usually insured against in the same general area by companies engaged in businesses similar to those engaged by the Borrower and the Restricted Subsidiaries; and will furnish to the Administrative Agent for further delivery to the Lendersrelated FHA/VA Contract, upon written request from the Administrative Agent, information presented in reasonable detail as to the insurance so carried. The Collateral Agent, for the benefit of the Secured Parties, shall be the additional insured on any such liability insurance and the Collateral Agent, for the benefit of the Secured Parties, shall be the additional loss payee or additional mortgagee under any such casualty or property insurance, except in each case as the Collateral Agent and the Borrower may otherwise agree.
(b) If any buildings or improvements comprising of any Mortgaged Property are at any time located in an area identified by the Federal Emergency Management Agency (or any successor agency) as within a federally designated special flood hazard area with respect to which area, the Servicer shall also cause such flood insurance has been made available under the Flood Insurance Laws, then the Borrower shall, or shall cause the applicable Credit Parties to, solely to the extent required by Applicable Law, (i) maintain, or cause to be maintained, with which coverage shall be at least equal to the minimum amount specified in the preceding sentence or such lesser amount as may be available under the federal flood insurance program; and (b) any Contract that is not an FHA/VA Contract, the Company shall obtain (i) a financially sound and reputable insurer (determined statement from the Obligor's insurance agent that the Manufactured Home was, at the time such insurance is obtained of origination of the Contract, not in a federally designated special flood hazard area, or renewed)(ii) evidence that, at the time of origination, flood insurance was in an amount and otherwise sufficient to comply with all applicable rules and regulations promulgated pursuant effect, which coverage was at least equal to the Flood minimum amount specified in the preceding sentence or such lesser amount as may be available under the federal flood insurance program. Each Hazard Insurance Laws Policy caused to be maintained by the Servicer shall contain a standard loss payee clause in favor of the Servicer and (ii) deliver its successors and assigns. If any Obligor is in default in the payment of premiums on its Hazard Insurance Policy or Policies, the Servicer shall pay such premiums out of its own funds and may separately add such premium to the Collateral Agent evidence of Obligor's obligation as provided by the Contract, but shall not add such compliance in form reasonably acceptable premium to the Collateral Agentremaining principal balance of the Contract.
Appears in 3 contracts
Samples: Pooling and Servicing Agreement (Green Tree Financial Corp), Pooling and Servicing Agreement (Green Tree Financial Corp), Pooling and Servicing Agreement (Green Tree Financial Corp)
Maintenance of Insurance. (a) The Borrower willExcept if the failure to do so could not reasonably be expected to have a Material Adverse Effect, and will cause each of the Restricted Subsidiaries to, at all times maintain in full force and effect, with insurance companies that the Borrower believes (in the good-good faith judgment of the management of the Borrower) are financially sound and responsible at the time the relevant coverage is placed or renewed, insurance in at least such amounts (after giving effect to any self-insurance which the Borrower believes (in the good-good faith judgment of management of the Borrower) is reasonable and prudent in light of the size and nature of its business) and against at least such risks (and with such risk retentions) as are usually insured against in the same general area by companies engaged in businesses similar to those engaged by the Borrower and the Restricted Subsidiaries; and will furnish . Subject to Section 6.16, the Administrative Agent for further delivery Borrower shall use commercially reasonable efforts to ensure that at all times the Lenders, upon written request from the Administrative Agent, information presented in reasonable detail as to the insurance so carried. The Collateral Agent, for the benefit of the Secured Parties, shall be the named as an additional insured on any such with respect to liability insurance policies (other than directors and officers policies and workers compensation) maintained by Holdings, the Borrower and each Subsidiary Guarantor and the Collateral Agent, for the benefit of the Secured Parties, shall be the additional named as loss payee and mortgagee with respect to the property insurance maintained by Holdings, the Borrower and each Subsidiary Guarantor; provided that, unless an Event of Default shall have occurred and be continuing, (A) all proceeds from insurance policies shall be paid to the Borrower or additional mortgagee under any such casualty or property insuranceapplicable Subsidiary Guarantor, except in each case as (B) to the extent the Collateral Agent and the Borrower may otherwise agree.
(b) If receives any buildings or improvements comprising of any Mortgaged Property are at any time located in an area identified by the Federal Emergency Management Agency (or any successor agency) as a special flood hazard area with respect to which flood insurance has been made available under the Flood Insurance Lawsproceeds, then the Borrower shall, or shall cause the applicable Credit Parties to, solely to the extent required by Applicable Law, (i) maintain, or cause to be maintained, with a financially sound and reputable insurer (determined at the time such insurance is obtained or renewed), flood insurance in an amount and otherwise sufficient to comply with all applicable rules and regulations promulgated pursuant to the Flood Insurance Laws and (ii) deliver to the Collateral Agent evidence of such compliance in form reasonably acceptable shall turn over to the Borrower any amounts received by it as an additional insured or loss payee under any property insurance maintained by the Borrower and its Subsidiaries, and (C) the Collateral AgentAgent agrees that the Borrower and/or its applicable Subsidiaries shall have the sole right to adjust or settle any claims under such insurance.
Appears in 3 contracts
Samples: First Lien Credit Agreement (ZoomInfo Technologies Inc.), First Lien Credit Agreement (ZoomInfo Technologies Inc.), First Lien Credit Agreement (ZoomInfo Technologies Inc.)
Maintenance of Insurance. (a) The Borrower Holdings will, and will cause each of the Restricted Subsidiaries Material Subsidiary to, at all times maintain in full force and effect, pursuant to self-insurance arrangements or with insurance companies that the Borrower Holdings believes (in the good-good faith judgment of the management of the BorrowerHoldings) are financially sound and responsible at the time the relevant coverage is placed or renewed, insurance in at least such amounts (after giving effect to any self-insurance which the Borrower Holdings believes (in the good-good faith judgment of management of the BorrowerHoldings) is reasonable and prudent in light of the size and nature of its businessbusiness and the availability of insurance on a cost-effective basis) and against at least such risks (and with such risk retentions) as are usually insured against Holdings believes (in the same general area by companies engaged good faith judgment of management of Holdings) is reasonable and prudent in businesses similar to those engaged by light of the Borrower size and nature of its business and the Restricted Subsidiariesavailability of insurance on a cost-effective basis; and will furnish to the Administrative Agent for further delivery to the LendersAgent, upon promptly following written request from the Administrative Agent, information presented in reasonable detail as to the insurance so carried. The Collateral Agent, for the benefit of the Secured Parties, shall be the additional insured on any such liability insurance carried and the Collateral Agent, for the benefit of the Secured Parties, shall be the additional loss payee or additional mortgagee under any such casualty or property insurance, except in each case as the Collateral Agent and the Borrower may otherwise agree.
(b) If any buildings or improvements comprising of any with respect to each improved Mortgaged Property are at any time located in an area identified by the Federal Emergency Management Agency (or any successor agency) as a special flood hazard area with respect to which flood insurance has been made available under the Flood Insurance Lawsarea, then the Borrower shall, or shall cause the applicable Credit Parties to, solely to the extent required by Applicable Law, (i) maintain, or cause to be maintained, with a financially sound and reputable insurer (determined at the time such insurance is obtained or renewed), Holdings will obtain flood insurance in an such total amount and otherwise sufficient to comply with all applicable rules and regulations promulgated pursuant to as required by the Flood Insurance Laws and shall otherwise comply with the Flood Insurance Laws. Each such policy of insurance shall (i) name the Collateral Agent, on behalf of the Secured Parties as an additional insured and loss payee thereunder as its interests may appear and (ii) deliver to in the Collateral Agent evidence case of such compliance in form reasonably acceptable to each casualty insurance policy, contain a lender’s loss payable clause or endorsement that names the Collateral Agent, on behalf of the Secured Parties as the lender’s loss payee thereunder.
Appears in 3 contracts
Samples: Credit Agreement (BrightView Holdings, Inc.), Credit Agreement (BrightView Holdings, Inc.), Credit Agreement (BrightView Holdings, Inc.)
Maintenance of Insurance. (a) The Borrower Issuer will, and will cause each of the Restricted its Subsidiaries to, at all times maintain in full force and effect, pursuant to self-insurance arrangements or with insurance companies that the Borrower Issuer believes (in the good-good faith judgment of the management of the BorrowerIssuer) are financially sound and responsible reputable at the time the relevant coverage is placed or renewed, insurance in at least such amounts (after giving effect to any self-insurance which the Borrower Issuer believes (in the good-good faith judgment of management of the BorrowerIssuer) is reasonable and prudent in light of the size and nature of its business) and against at least such risks (and with such risk retentions) as are usually insured against the Issuer believes (in the same general area by companies engaged good faith judgment of management of the Issuer) is reasonable and prudent in businesses similar to those engaged by light of the Borrower size and the Restricted Subsidiariesnature of its business; and will furnish to the Administrative Agent for further delivery to the LendersTrustee, upon written request from the Administrative AgentTrustee, information presented in reasonable detail as to the insurance so carried. The Issuer shall use commercially reasonable efforts (taking into consideration any limitations contained in such policies or applicable to the Issuer or any of its Subsidiaries, including in any Material Contracts (as such term is defined in the Purchase Agreement)) to cause the Collateral Agent, for the benefit of the Secured Parties, shall Trustee to be the listed as an additional insured on any such liability insurance and held by the Issuer with respect to the assets of the Issuer as their interests may appear and, if property insurance is obtained, the Collateral Agent, for the benefit of the Secured Parties, shall Trustee to be the additional listed as a co-loss payee or additional mortgagee under any such casualty or property insurance, except in each case as the Collateral Agent and the Borrower may otherwise agree.
(b) If any buildings or improvements comprising of any Mortgaged Property are at any time located in an area identified insurance held by the Federal Emergency Management Agency (or any successor agency) as a special flood hazard area Issuer with respect to which flood the assets of the Issuer; provided, that, so long as no Event of Default has occurred and is then continuing, the Collateral Trustee will provide any proceeds of such property insurance has been made available under to the Flood Insurance Laws, then the Borrower shall, or shall cause the applicable Credit Parties to, solely Issuer to the extent required by Applicable Law, (i) maintain, or cause that the Issuer undertakes to be maintained, with a financially sound and reputable insurer (determined at the time apply such insurance is obtained or renewed), flood insurance in an amount and otherwise sufficient to comply with all applicable rules and regulations promulgated pursuant proceeds to the Flood Insurance Laws and (ii) reconstruction, replacement or repair of the property insured thereby or are otherwise applied in a manner permitted hereunder. The Issuer shall deliver to the Collateral Agent evidence Trustee within 20 Business Days following the Original Notes Issuance Date (or such later date as the Trustee may reasonably agree), copies of such compliance in form reasonably acceptable insurance certificates evidencing the insurance required to be maintained by the Collateral AgentIssuer and the Subsidiaries pursuant to this Section 4.14.
Appears in 2 contracts
Samples: Fourth Supplemental Indenture (Sunnova Energy International Inc.), Fourth Supplemental Indenture (Sunnova Energy International Inc.)
Maintenance of Insurance. (a) The Borrower willExcept as otherwise provided in subsection (b) of this Section 5.09, and will the Servicer shall cause to be maintained with respect to each of the Restricted Subsidiaries toContract one or more Hazard Insurance Policies which provide, at all times maintain a minimum, the same coverage as a standard form fire and extended coverage insurance policy that is customary for manufactured housing, issued by a company authorized to issue such policies in full force the state in which the related Manufactured Home is located and effectin an amount which is not less than the maximum insurable value of such Manufactured Home or the principal balance due from the Obligor on the related Contract, with insurance companies whichever is less; provided, however, that the Borrower believes amount of coverage provided by each Hazard Insurance Policy shall be sufficient to avoid the application of any co-insurance clause contained therein; and provided, further, that such Hazard Insurance Policies may provide for customary deductible amounts. With respect to: (in the good-faith judgment of the management of the Borrowerx) are financially sound and responsible a Manufactured Home securing an FHA/VA Contract, if such Manufactured Home's location was, at the time of origination of the relevant related FHA/VA Contract, within a federally designated special flood hazard area, the Servicer shall also cause such flood insurance to be maintained, which coverage is placed or renewed, insurance in shall be at least such amounts (after giving effect equal to any self-insurance which the Borrower believes (minimum amount specified in the good-faith judgment preceding sentence or such lesser amount as may be available under the federal flood insurance program; and (y) any Contract that is not an FHA/VA Contract, the Originator shall obtain (i) a statement from the Obligor's insurance agent that the Manufactured Home was, at the time of management origination of the BorrowerContract, not in a federally designated special flood hazard area, or (ii) is reasonable and prudent evidence that, at the time of origination, flood insurance was in light effect, which coverage was at least equal to the minimum amount specified in the preceding sentence or such lesser amount as may be available under the federal flood insurance program. Each Hazard Insurance Policy caused to be maintained by the Servicer shall contain a standard loss payee clause in favor of the size Servicer and nature its successors and assigns. If any Obligor is in default in the payment of premiums on its Hazard Insurance Policy or Policies, the Servicer shall pay such premiums out of its business) own funds and against at least may separately add such risks (and with such risk retentions) premium to the Obligor's obligation as are usually insured against in the same general area by companies engaged in businesses similar to those engaged provided by the Borrower and the Restricted Subsidiaries; and will furnish Contract, but shall not add such premium to the Administrative Agent for further delivery to the Lenders, upon written request from the Administrative Agent, information presented in reasonable detail as to the insurance so carried. The Collateral Agent, for the benefit remaining principal balance of the Secured Parties, shall be the additional insured on any such liability insurance and the Collateral Agent, for the benefit of the Secured Parties, shall be the additional loss payee or additional mortgagee under any such casualty or property insurance, except in each case as the Collateral Agent and the Borrower may otherwise agreeContract.
(b) If any buildings or improvements comprising The Servicer may, in lieu of any Mortgaged Property are at any time located in an area identified by the Federal Emergency Management Agency (or any successor agency) as a special flood hazard area causing individual Hazard Insurance Policies to be maintained with respect to which flood insurance has been made available under the Flood Insurance Lawseach Manufactured Home pursuant to subsection (a) of this Section 5.09, then the Borrower and shall, or shall cause the applicable Credit Parties to, solely to the extent that the related Contract does not require the Obligor to maintain a Hazard Insurance Policy with respect to the related Manufactured Home, maintain one or more blanket insurance policies covering losses on the creditor's interest in the Contracts resulting from the absence or insufficiency of individual Hazard Insurance Policies. Any such blanket policy shall be substantially in the form and in the amount carried by the Servicer as of the date of this Agreement. The Servicer shall pay the premium for such policy on the basis described therein and shall deposit into the Certificate Account from its own funds any deductible amount with respect to claims under such blanket insurance policy relating to the Contracts. The Servicer shall not, however, be required by Applicable Lawto deposit any deductible amount with respect to claims under individual Hazard Insurance Policies maintained pursuant to subsection (a) of this Section. If the insurer under such blanket insurance policy shall cease to be acceptable to the Servicer, the Servicer shall exercise its best reasonable efforts to obtain from another insurer a replacement policy comparable to such policy.
(c) With respect to each Manufactured Home that has been repossessed in connection with a defaulted Contract, the Servicer shall either (i) maintain, maintain one or cause more Hazard Insurance Policies thereon or (ii) self-insure such Manufactured Homes and deposit into the Certificate Account from its own funds any losses caused by damage to be maintained, with such Manufactured Home that would have been covered by a financially sound Hazard Insurance Policy.
(d) The Servicer shall keep in force throughout the term of this Agreement (i) a policy or policies of insurance covering errors and reputable insurer (determined at the time such omissions for failure to maintain insurance is obtained or renewed), flood insurance in an amount and otherwise sufficient to comply with all applicable rules and regulations promulgated pursuant to the Flood Insurance Laws as required by this Agreement and (ii) deliver to the Collateral Agent evidence a fidelity bond. Such policy or policies and such fidelity bond shall be in such form and amount as is generally customary among Persons which service a portfolio of such compliance in form reasonably manufactured housing installment sales contracts and installment loan agreements having an aggregate principal amount of $100,000,000 or more and which are generally regarded as servicers acceptable to the Collateral Agentinstitutional investors.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Conseco Finance Securitizations Corp), Pooling and Servicing Agreement (Conseco Finance Securitizations Corp)
Maintenance of Insurance. (a) The Borrower will, and will Maintain or cause each of the Restricted Subsidiaries to, at all times maintain in full force and effect, to be maintained with insurance companies that the Borrower believes (in the good-good faith judgment of the management of the Borrowerits management) are financially sound and responsible reputable at the time the relevant coverage is placed or renewedrenewed or with a Captive Insurance Subsidiary, insurance with respect to its properties and business against loss or damage of the kinds customarily insured against by Persons engaged in at least the same or similar business and of such types and in such amounts (after giving effect to any self-insurance which the Borrower believes (in the good-faith judgment of management of the Borrower) is reasonable and prudent in light of the size and nature of its business) and against at least such risks (and with such risk retentionsinsurance) as are usually insured against in the same general area customarily carried under similar circumstances by companies engaged in businesses similar to those engaged by such other Persons (provided, the Borrower shall not be required to maintain flood insurance except as required by applicable Law), and the Restricted Subsidiaries; and will furnish to the Administrative Agent for further delivery to the LendersAgent, which, absent a continuing Event of Default, shall not be made more than once in any twelve month period, upon reasonable written request from the Administrative Agent, information presented in reasonable detail as to the insurance so carried. The Collateral Agent, for the benefit of the Secured Parties, shall be the additional insured on any such liability insurance and the Collateral Agent, for the benefit of the Secured Parties, shall be the additional loss payee or additional mortgagee under any such casualty or property insurance, except in each case as the Collateral Agent and the Borrower may otherwise agree.
(b) If any buildings or improvements comprising portion of any Mortgaged Property are is at any time located in an area identified by the Federal Emergency Management Agency (or any successor agency) as a special flood hazard area with respect to which flood insurance has been made available under the Flood Insurance Laws, then the Borrower shall, or applicable Loan Party shall cause the applicable Credit Parties to, solely to the extent required by Applicable Law, (i) maintain, or cause to be maintained, with a an insurer that the Borrower believes (in the good faith judgment of its management) to be financially sound and reputable insurer (determined at the time such insurance is obtained or renewed)reputable, flood insurance in an amount and otherwise sufficient to comply with all applicable rules and regulations promulgated pursuant to the Flood Insurance Laws and (ii) deliver to the Collateral Agent evidence of such compliance in form reasonably acceptable to the Collateral Agent and the Lenders, which shall be further distributed by the Collateral Agent to each Lender.
(c) Subject to Section 6.16, each such policy of insurance shall as appropriate and is customary and with respect to jurisdictions outside the United States, to the extent available in such jurisdiction without undue cost or expense,
(i) name the Collateral Agent, on behalf of the Secured Parties, as an additional insured thereunder (with respect to liability insurance), and
(ii) to the extent covering Collateral in the case of property insurance, contain a loss payable clause or endorsement that names the Collateral Agent, on behalf of the Secured Parties, as the loss payee thereunder; provided that (A) absent a Specified Event of Default that is continuing or acceleration of the Obligations, any proceeds of any such insurance shall be delivered by the insurer(s) to the Borrower or one of its Subsidiaries and may be applied in accordance with (or, if this Agreement does not provide for application of such proceeds, in a manner that is not prohibited by) this Agreement (and the Collateral Agent shall promptly execute and deliver any notice or consent requested by the Borrower or an insurer to such effect) and (B) this Section 6.07(c) shall not be applicable to (1) business interruption insurance, workers’ compensation policies, employee liability policies or directors and officers policies, (2) policies to the extent the Collateral Agent cannot have an insurable interest therein or is unable to be named as an additional insured or loss payee thereunder or (3) the extent unavailable from the relevant insurer after the Borrower’s use of its commercially reasonable efforts.
Appears in 2 contracts
Samples: Credit Agreement (Allegro Microsystems, Inc.), Credit Agreement (Allegro Microsystems, Inc.)
Maintenance of Insurance. (a) The Borrower will, agrees to insure the Project Facility and will Collateral or cause each of the Restricted Subsidiaries to, at all times maintain in full force and effect, such to be insured with insurance companies that the Borrower believes (licensed to do business in the good-faith judgment of the management of the Borrower) are financially sound and responsible at the time the relevant coverage is placed or renewedState, insurance in at least such amounts (after giving effect to any self-insurance which the Borrower believes (as indicated herein or in the good-faith judgment of management of the Borrower) is reasonable and prudent in light of the size and nature of its business) such amounts, manner and against at least such risks loss, damage and liability (and including liability to third parties), as is customary with such risk retentions) as are usually insured against companies in the same general area by companies engaged or similar business and located in businesses the same or similar areas, and to those engaged by pay the Borrower premiums thereon. The form and amount of each insurance policy issued pursuant to this Section 5.7 shall be satisfactory to the Authority and the Restricted Subsidiaries; and will furnish to the Administrative Agent for further delivery to the Lenders, upon written request from the Administrative Agent, information presented in reasonable detail as to the insurance so carried. The Collateral Agent, for the benefit of the Secured Parties, shall be the additional insured on any such liability insurance and the Collateral Agent, for the benefit of the Secured Parties, shall be the additional loss payee or additional mortgagee under any such casualty or property insurance, except in each case as the Collateral Agent and the Borrower may otherwise agreeBank.
(b) If any buildings or improvements comprising Each insurance policy issued pursuant to this Section 5.7 shall name the Borrower, the Trustee and the Bank as insureds, as applicable, as their interests may appear.
(c) Such insurance coverage shall include:
(i) mortgage title insurance in an amount not less than the stated amount of any Mortgaged Property are the Letter of Credit insuring that title to the Premises is marketable and insurable at any time regular rates, with no exceptions other than those approved by the Bank and Counsel for the Bank and that the Mortgage is a valid first mortgage lien. Such policy shall be issued by a title insurance company acceptable to the Bank and in a form approved by the American Land Title Association ("ALTA"), subject to the approval of the Bank and shall include affirmative coverage against all future liens which might take priority over the Mortgage; and
(ii) fire, hazard and "All-Risk" insurance, including extended coverage for flood and earthquake, together with vandalism, malicious mischief and Replacement Cost endorsements (non-reporting form), covering the Project Facilities which shall be in an amount not less than 100% of the agreed upon fully insurable replacement value of the Project Facilities on a completed value basis by an insurer satisfactory to the Bank, so written and endorsed as to make losses, if any, payable to the Bank as Mortgagee and/or Lender/Loss Payee, as applicable; and
(iii) flood insurance, as described in Section 4.11(c), if the Project Facility is located in an area identified designated by the Federal Emergency Management Agency (or any successor agency) United States Department of Housing and Urban Development as being subject to a special flood hazard area with respect to which in the maximum amount of flood insurance has been made available under through the Federal Flood Insurance LawsProgram for the improvements located on the Premises, then naming the Bank as the mortgagee and/or Lender/Loss Payee; and
(iv) comprehensive general public liability insurance, including XCU coverage, Broad Form Endorsement, protective liability coverage on operations of independent contractors engaged in construction, blanket contractual liability insurance, completed operations and products liability coverage against any and all liability of the Borrower shallor claims of liability of the Borrower arising out of, occasioned by or resulting from any bodily injury, death, personal injury and property damage liability with limits of liability in minimum amounts of $1,000,000 per person per occurrence, $3,000,000 aggregate per occurrence and $1,000,000 aggregate property damage; and
(v) Excess/Umbrella Liability Insurance on a "follow form" basis with a minimum limit of liability of $10,000,000 for the Premises.
(d) The insurance policies or endorsements shall cause cover the applicable Credit Parties toentire Project Facilities and shall provide that the coverage will not be reduced, solely canceled or not renewed without thirty (30) days prior written notice to the extent Bank. The Borrower shall provide the Authority and the Bank with certificates from the insurers at closing, and evidence of renewal or replacement of policies required by Applicable Law, (i) maintain, or cause to be maintained, with a financially sound and reputable insurer (determined at the time such insurance is obtained or renewed), flood insurance in an amount and otherwise sufficient to comply with all applicable rules and regulations promulgated pursuant maintained by this Section shall be provided to the Flood Insurance Laws Bank and the Trustee on behalf of the Authority at least ten (ii10) deliver days prior to the Collateral Agent evidence expiration of any such compliance in form reasonably acceptable to policy. The Borrower may furnish, instead of original or duplicate policies, certificates of blanket coverage provided the Collateral AgentProject Facilities are identified and specifically allocated amounts are shown.
Appears in 2 contracts
Samples: Loan Agreement (Burlington Coat Factory Warehouse Corp), Loan Agreement (Burlington Coat Factory Warehouse Corp)
Maintenance of Insurance. (a) The Borrower will, and will cause each of the Restricted Subsidiaries to, at all times maintain in full force and effect, Maintain with insurance companies that the Borrower believes (in the good-faith judgment of the management of the Borrower) are financially sound and responsible at reputable insurance companies not Affiliates of the time the relevant coverage is placed or renewedLoan Parties, insurance in at least such amounts with respect to its properties and business against loss or damage (after giving effect to any self-insurance which the Borrower believes (in the good-faith judgment of management i) of the Borrower) is reasonable and prudent in light of the size and nature of its business) and against at least such risks (and with such risk retentions) as are usually kinds customarily insured against by Persons engaged in the same general area or similar business, of such types and in such amounts as are customarily carried under similar circumstances by companies engaged in businesses such other Persons or (ii) substantially similar to those engaged insurance maintained by the Borrower and its Restricted Subsidiaries on the Restricted Subsidiaries; Closing Date, in each case, subject to such changes as the Borrower may reasonably deem appropriate in its business judgment with respect to deductibles, self-insured amounts, coverage exclusions and will furnish maximum covered losses (provided that none of such policies shall include a co-insurance clause), and with respect to policies for Holdings and the Domestic Subsidiaries providing for not less than 30 days’ prior notice to the Administrative Agent for further delivery to the Lendersof termination, upon written request from the Administrative Agent, information presented in reasonable detail as to the insurance so carried. The Collateral Agent, for the benefit lapse or cancellation of the Secured Parties, shall be the additional insured on any such liability insurance and the Collateral Agent, for the benefit of the Secured Parties, shall be the additional loss payee or additional mortgagee under any such casualty or property insurance, except in each case as the Collateral Agent and the Borrower may otherwise agree.
(b) If With respect to each improved Real Estate subject to a Mortgage, obtain flood insurance with coverages and in amounts sufficient to comply with the Flood Insurance Laws and, in any buildings or improvements comprising of any Mortgaged Property are at any time located event, in an area identified amount not less than $5.0 million for Zone A “special flood hazard areas” and $10.0 million for all other “special flood hazard areas”, in each case, as set forth on any Flood Insurance Rate Map published by the Federal Emergency Management Agency (or any successor agency) as a special flood hazard area with respect to which flood insurance has been made available under the Flood Insurance Laws, then the Borrower shall, or shall cause the applicable Credit Parties to, solely to the extent required by Applicable Law, (i) maintain, or cause to be maintained, with a financially sound and reputable insurer (determined at the time such insurance is obtained or renewed), flood insurance in an amount and otherwise sufficient to comply with all applicable rules and regulations promulgated pursuant to the Flood Insurance Laws and (ii) deliver to the Collateral Administrative Agent evidence of such compliance in form and substance reasonably acceptable to the Administrative Agent.
(c) Fire and extended coverage policies maintained with respect to any Collateral shall be endorsed or otherwise amended to include (i) a mortgage clause (regarding improvements to Real Estate) and lenders’ loss payable clause (regarding personal property), in form and substance satisfactory to the Collateral Agent, which endorsements or amendments shall provide that the insurer shall pay all proceeds otherwise payable to the Loan Parties under the policies directly to the Collateral Agent, and (ii) such other provisions as the Collateral Agent may reasonably require from time to time to protect the interests of the Credit Parties. Commercial general liability policies shall be endorsed to name the Collateral Agent as an additional insured. Business interruption policies with respect to Holdings and the Domestic Subsidiaries shall name the Collateral Agent as a loss payee and shall be endorsed or amended to include (A) a provision that, from and after the Closing Date, the insurer shall pay all proceeds otherwise payable to the Loan Parties under the policies directly to the Collateral Agent, and (B) such other provisions as the Collateral Agent may reasonably require from time to time to protect the interests of the Credit Parties. Each such policy referred to in this Section 6.07 shall also provide that it shall not be canceled or not renewed (1) by reason of nonpayment of premium except upon not less than ten (10) days’ prior written notice thereof by the insurer to the Collateral Agent (giving the Collateral Agent the right to cure defaults in the payment of premiums) or (2) for any other reason except upon not less than thirty (30) days’ prior written notice thereof by the insurer to the Collateral Agent. The Borrower shall deliver to the Collateral Agent, prior to the cancellation, modification adverse to the Lenders, or non-renewal of any such policy of insurance, a copy of a renewal or replacement policy (or other evidence of renewal of a policy previously delivered to the Collateral Agent, including an insurance binder) together with evidence satisfactory to the Collateral Agent of payment of the premium therefor.
(d) In the event that any part of the Collateral (other than, as long as the Term Facility is outstanding, Term Priority Collateral) is damaged by fire or other casualty and the insurance proceeds for such damage are greater than $5.0 million in any Fiscal Year, whether or not a Cash Dominion Event then exists, such proceeds, in their entirety, shall be delivered to the Administrative Agent and the Administrative Agent shall promptly apply such proceeds to reduce the Borrower’s outstanding Credit Extensions in accordance with Sections 2.05(e) or 8.03, as applicable. In the event any part of the Collateral (other than, as long as the Term Facility is outstanding, Term Priority Collateral) is damaged by fire or other casualty and the insurance proceeds for such damage are less than $5.0 million in any Fiscal Year, such proceeds, in their entirety, shall be delivered to the Borrower, unless a Cash Dominion Event is then occurring, in which event such proceeds shall be delivered to the Administrative Agent and the Administrative Agent shall promptly apply such proceeds to reduce the Borrower’s outstanding balance of Credit Extensions in accordance with Sections 2.05(e) or 8.03, as applicable.
(e) None of the Credit Parties, or their agents or employees shall be liable for any loss or damage insured by the insurance policies required to be maintained under this Section 6.07. Each Loan Party shall look solely to its insurance companies or any other parties other than the Credit Parties for the recovery of such loss or damage and such insurance companies shall have no rights of subrogation against any Credit Party or its agents or employees. If, however, the insurance policies do not provide waiver of subrogation rights against such parties, as required above, then the Loan Parties hereby agree, to the extent permitted by law, to waive their right of recovery, if any, against the Credit Parties and their agents and employees. The designation of any form, type or amount of insurance coverage by any Credit Party under this Section 6.07 shall in no event be deemed a representation, warranty or advice by such Credit Party that such insurance is adequate for the purposes of the business of the Loan Parties or the protection of their properties.
Appears in 2 contracts
Samples: Credit Agreement (Container Store Group, Inc.), Credit Agreement (Container Store Group, Inc.)
Maintenance of Insurance. (a) The Borrower will, and will cause each of the Restricted Subsidiaries to, at all times maintain in full force and effect, Maintain with insurance companies that the Borrower believes (in the good-good faith judgment of the management of the Borrowerits management) are financially sound and responsible reputable at the time the relevant coverage is placed or renewedrenewed or with a Captive Insurance Subsidiary, insurance with respect to its properties and business against loss or damage, of such types and in at least such amounts as reasonably determined in good faith by the management of the Borrower as appropriate for the business of the Borrower and its Restricted Subsidiaries (after giving effect to any self-insurance which reasonable and customary for similarly situated Persons as reasonably determined in good faith by the Borrower believes (in the good-faith judgment of management of the Borrower) is reasonable and prudent in light Borrower as appropriate for the business of the size and nature of its business) and against at least such risks (and with such risk retentions) as are usually insured against in the same general area by companies engaged in businesses similar to those engaged by the Borrower and the its Restricted Subsidiaries; , and, so long as there is any Material Real Property which is subject to a Mortgage, including flood insurance sufficient to cause Lenders to be in compliance with all applicable federal laws and regulations regarding flood insurance), and will furnish to the Administrative Agent for further delivery to the Lenders, upon reasonable written request from the Administrative Agent, information presented in reasonable detail as to the insurance so carried. The Borrower shall use commercially reasonable efforts to ensure that each such policy of insurance (other than business interruption insurance (if any), director and officer insurance and worker’s compensation insurance) shall, unless otherwise agreed by the Administrative Agent, as appropriate, (i) in the case of each liability insurance policy, name the Collateral Agent, for the benefit on behalf of the Secured Parties, shall be the as an additional insured on any such liability thereunder as its interests may appear and/or (ii) in the case of each casualty insurance and policy, contain a lender’s loss payable clause or endorsement that names the Collateral Agent, for the benefit on behalf of the Secured Parties, shall be as the additional lender’s loss payee or additional mortgagee under any such casualty or thereunder (in the case of property insurance, except in each case as the Collateral Agent and the Borrower may otherwise agree.
(b) If any buildings or improvements comprising of any Mortgaged Property are at any time located in an area identified by the Federal Emergency Management Agency (or any successor agency) as a special flood hazard area insurance with respect to which flood insurance has been made available under the Flood Insurance Laws, then the Borrower shall, or shall cause the applicable Credit Parties to, solely to the extent required by Applicable Law, (i) maintain, or cause to be maintained, with a financially sound and reputable insurer (determined at the time such insurance is obtained or renewedCollateral), flood insurance in an amount and otherwise sufficient to comply with all applicable rules and regulations promulgated pursuant to the Flood Insurance Laws and (ii) deliver to the Collateral Agent evidence of such compliance in form reasonably acceptable to the Collateral Agent.
Appears in 2 contracts
Samples: Credit Agreement (Solo Brands, Inc.), Credit Agreement (Solo Brands, Inc.)
Maintenance of Insurance. a. Except as otherwise provided in subsection (b) of this Section 5.09, the Servicer shall cause to be maintained with respect to each Contract one or more Hazard Insurance Policies which provide, at a minimum, the same coverage as a standard form fire and extended coverage insurance policy that is customary for manufactured housing, issued by a company authorized to issue such policies in the state in which the related Manufactured Home is located and in an amount which is not less than the maximum insurable value of such Manufactured Home or the principal balance due from the Obligor on the related Contract, whichever is less; provided, however, that the amount of coverage provided by each Hazard Insurance Policy shall be sufficient to avoid the application of any co- insurance clause contained therein; and provided, further, that such Hazard Insurance Policies may provide for customary deductible amounts. With respect to: (a) The Borrower willa Manufactured Home securing an FHA/VA Contract, and will cause each of the Restricted Subsidiaries toif such Manufactured Home's location was, at all times maintain in full force and effect, with insurance companies that the Borrower believes (in the good-faith judgment of the management of the Borrower) are financially sound and responsible at the time the relevant coverage is placed or renewed, insurance in at least such amounts (after giving effect to any self-insurance which the Borrower believes (in the good-faith judgment of management origination of the Borrower) is reasonable and prudent in light of the size and nature of its business) and against at least such risks (and with such risk retentions) as are usually insured against in the same general area by companies engaged in businesses similar to those engaged by the Borrower and the Restricted Subsidiaries; and will furnish to the Administrative Agent for further delivery to the Lendersrelated FHA/VA Contract, upon written request from the Administrative Agent, information presented in reasonable detail as to the insurance so carried. The Collateral Agent, for the benefit of the Secured Parties, shall be the additional insured on any such liability insurance and the Collateral Agent, for the benefit of the Secured Parties, shall be the additional loss payee or additional mortgagee under any such casualty or property insurance, except in each case as the Collateral Agent and the Borrower may otherwise agree.
(b) If any buildings or improvements comprising of any Mortgaged Property are at any time located in an area identified by the Federal Emergency Management Agency (or any successor agency) as within a federally designated special flood hazard area with respect to which area, the Servicer shall also cause such flood insurance has been made available under the Flood Insurance Laws, then the Borrower shall, or shall cause the applicable Credit Parties to, solely to the extent required by Applicable Law, (i) maintain, or cause to be maintained, with which coverage shall be at least equal to the minimum amount specified in the preceding sentence or such lesser amount as may be available under the federal flood insurance program; and (b) any Contract that is not an FHA/VA Contract, the Originator shall obtain (i) a financially sound and reputable insurer (determined statement from the Obligor's insurance agent that the Manufactured Home was, at the time such insurance is obtained of origination of the Contract, not in a federally designated special flood hazard area, or renewed)(ii) evidence that, at the time of origination, flood insurance was in an effect, which coverage was at least equal to the minimum amount specified in the preceding sentence or such lesser amount as may be available under the federal flood insurance program. Each Hazard Insurance Policy caused to be maintained by the Servicer shall contain a standard loss payee clause in favor of the Servicer and otherwise sufficient its successors and assigns. If any Obligor is in default in the payment of premiums on its Hazard Insurance Policy or Policies, the Servicer shall pay such premiums out of its own funds and may separately add such premium to comply the Obligor's obligation as provided by the Contract, but shall not add such premium to the remaining principal balance of the Contract.
b. The Servicer may, in lieu of causing individual Hazard Insurance Policies to be maintained with all applicable rules and regulations promulgated respect to each Manufactured Home pursuant to subsection (a) of this Section 5.09, and shall, to the Flood extent that the related Contract does not require the Obligor to maintain a Hazard Insurance Laws Policy with respect to the related Manufactured Home, maintain one or more blanket insurance policies covering losses on the creditor's interest in the Contracts resulting from the absence or insufficiency of individual Hazard Insurance Policies. Any such blanket policy shall be substantially in the form and in the amount carried by the Servicer as of the date of this Agreement. The Servicer shall pay the premium for such policy on the basis described therein and shall deposit into the Certificate Account from its own funds any deductible amount with respect to claims under such blanket insurance policy relating to the Contracts. The Servicer shall not, however, be required to deposit any deductible amount with respect to claims under individual Hazard Insurance Policies maintained pursuant to subsection (a) of this Section. If the insurer under such blanket insurance policy shall cease to be acceptable to the Servicer, the Servicer shall exercise its best reasonable efforts to obtain from another insurer a replacement policy comparable to such policy.
c. With respect to each Manufactured Home that has been repossessed in connection with a defaulted Contract, the Servicer shall either (i) maintain one or more Hazard Insurance Policies thereon or (ii) self-insure such Manufactured Homes and deposit into the Certificate Account from its own funds any losses caused by damage to such Manufactured Home that would have been covered by a Hazard Insurance Policy.
d. The Servicer shall keep in force throughout the term of this Agreement (i) a policy or policies of insurance covering errors and omissions for failure to maintain insurance as required by this Agreement and (ii) deliver to the Collateral Agent evidence a fidelity bond. Such policy or policies and such fidelity bond shall be in such form and amount as is generally customary among Persons which service a portfolio of such compliance in form reasonably manufactured housing installment sales contracts and installment loan agreements having an aggregate principal amount of $100,000,000 or more and which are generally regarded as servicers acceptable to the Collateral Agentinstitutional investors.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Conseco Finance Securitizations Corp), Pooling and Servicing Agreement (Conseco Finance Securitizations Corp)
Maintenance of Insurance. (a) The Borrower will, and will cause each of the Restricted Subsidiaries to, at all times maintain in full force and effect, with insurance companies that the Borrower believes (in the good-good faith judgment of the management of the Borrower) are financially sound and responsible at the time the relevant coverage is placed or renewed, insurance in at least such amounts (after giving effect to any self-insurance which the Borrower believes (in the good-good faith judgment of management of the Borrower) is reasonable and prudent in light of the size and nature of its business) and against at least such risks (and with such risk retentions) as are usually insured against in the same general area by companies engaged in businesses similar to those engaged by the Borrower and the Restricted Subsidiaries; and will furnish to the Administrative Agent for further delivery to the Lenders, upon written request from the Administrative Agent, information presented in reasonable detail as to the insurance so carried. The Collateral Agent, for the benefit of the Secured Parties, Parties shall be the additional insured on any such liability insurance and the Collateral Agent, for the benefit of the Secured Parties, shall be the additional loss payee or additional mortgagee under any such casualty or property insurance, except in each case as the Collateral Agent and the Borrower may otherwise agree.
(b) . If any buildings or improvements comprising portion of any Mortgaged Property are at any time is located in an area identified by the Federal Emergency Management Agency (or any successor agency) as a special flood hazard area with respect to which flood insurance has been made available under the Flood Insurance Laws, then the Borrower shall, or shall cause the applicable Credit Parties to, solely Party to the extent required by Applicable Law, (i) maintain, or cause to be maintained, with a financially sound and reputable insurer (determined at the time such insurance is obtained or renewedobtained), flood insurance in an amount and otherwise sufficient to comply with all applicable rules and regulations promulgated pursuant to the Flood Insurance Laws and (ii) deliver to the Collateral Agent, for further posting by the Collateral Agent to the Lenders on the Platform, evidence of such compliance in form reasonably acceptable to the Collateral Agentcompliance.
Appears in 2 contracts
Samples: Eighth Amendment (LPL Financial Holdings Inc.), Seventh Amendment (LPL Financial Holdings Inc.)
Maintenance of Insurance. (a) The Each of Parent and Borrower willshall, and will shall cause each other member of the Restricted Subsidiaries Consolidated Group to, at all times maintain in full force and effect, with insurance companies that the Borrower believes (in the good-faith judgment of the management of the Borrower) are financially sound and responsible at reputable insurance companies not Affiliates of any member of the time the relevant coverage is placed or renewed, insurance in at least such amounts Consolidated Group (after giving effect to any reasonable and prudent self-insurance, including self-insurance which the Borrower believes (in the good-faith judgment of management through captive insurance Subsidiaries), insurance with respect to its properties and business against loss or damage of the Borrower) is reasonable and prudent in light of the size and nature of its business) and against at least such risks (and with such risk retentions) as are usually kinds customarily insured against by Persons engaged in the same general area or similar business, of such types and in such amounts as are customarily carried under similar circumstances by companies engaged such other Persons.
(b) Each of Parent and Borrower shall, and shall cause each other Loan Party to, obtain and maintain, at Borrower’s or the applicable Loan Party’s sole expense: (i) property insurance with respect to each Borrowing Base Property, against loss or damage by fire, lightning, windstorm, explosion, hail, tornado and such additional hazards as are presently included in businesses similar to those engaged special form (also known as “all-risk”) coverage and against any and all acts of terrorism as covered by the Borrower Terrorism Risk Insurance Act of 2002 (“TRIA”) and the Restricted Subsidiaries; and will furnish to the such other insurable hazards as Administrative Agent may reasonably require and as is available at commercially reasonable prices, in an amount not less than one hundred percent (100%) of the full replacement cost, including the cost of debris removal, without deduction for further delivery depreciation and sufficient to prevent the Lendersapplicable Loan Party, upon written request from the Administrative Agent, information presented in reasonable detail as and Lenders from becoming coinsurers; (ii) if and to the extent any portion of any Borrowing Base Property or the Improvements is, under the Flood Disaster Protection Act of 1973 (for purposes of this Section 8.07, “FDPA”), as it may be amended from time to time, in a Special Flood Hazard Area, within a Flood Zone designated A or V in a participating community, a flood insurance so carried. The Collateral Agentpolicy in an amount sufficient to meet the requirements of applicable Law and the FDPA, as such requirements may from time to time be in effect; (iii) general liability insurance, on an “occurrence” basis against claims for “personal injury” liability, including bodily injury, death, or property damage liability, for the benefit of the Secured Parties, shall be the additional insured on any Loan Parties as named insureds; (iv) statutory workers’ compensation insurance (either by such liability insurance and the Collateral Agent, for the benefit of the Secured Parties, shall be the additional loss payee Loan Party or additional mortgagee under any such casualty or property insurance, except in each case as the Collateral Agent and the Borrower may otherwise agree.
(b) If any buildings or improvements comprising of any Mortgaged Property are at any time located in an area identified by the Federal Emergency Management Agency (or any successor agencyapplicable contractor) as a special flood hazard area with respect to which flood any work on or about any of the Borrowing Base Properties, covering all employees and contractors of each Loan Party; and (v) such other insurance has been made available under on the Flood Insurance LawsBorrowing Base Properties and endorsements as may from time to time be reasonably required by Administrative Agent (including but not limited to soft cost coverage, then the Borrower shallautomobile liability insurance, business interruption insurance, or shall cause delayed rental insurance, boiler and machinery insurance, earthquake insurance, wind insurance, sinkhole coverage, and/or permit to occupy endorsement) and against other insurable hazards or casualties which at the applicable Credit Parties totime are commonly insured against in the case of premises similarly situated, solely due regard being given to the extent height, type, construction, location, use and occupancy of buildings and Improvements. All insurance policies shall be issued and maintained by insurers, in amounts, with deductibles, limits and retentions, and in forms reasonably satisfactory to Administrative Agent. All insurance companies providing insurance required by Applicable Law, (i) maintainpursuant to this Agreement or any other Loan Document must have an A. M. Best Company financial and performance ratings of A-:VIII or better. All insurance policies maintained, or cause caused to be maintained, with respect to the Borrowing Base Properties, except for general liability insurance, shall provide that each such policy shall be primary without right of contribution from any other insurance that may be carried, Administrative Agent or any Lender and that all of the provisions thereof, except the limits of liability, shall operate in the same manner as if there were a financially sound separate policy covering each insured. If any insurer which has issued a policy of hazard, liability, or other insurance required pursuant to this Agreement or any other Loan Document becomes insolvent or is the subject of any petition, case, proceeding or other action pursuant to any Debtor Relief Law, or if in Administrative Agent’s reasonable opinion the financial responsibility of such insurer is or becomes inadequate, then each Loan Party shall in each instance promptly upon its discovery thereof or upon the request of Administrative Agent therefor, promptly obtain and reputable deliver to Administrative Agent a like policy (or, if and to the extent permitted by Administrative Agent, acceptable evidence of insurance) issued by another insurer, which insurer and policy meet the requirements of this Agreement or such other Loan Document, as the case may be.
(determined at c) Each of Parent and Borrower shall, and shall cause each Loan Party to, cause all certificates of insurance or other evidence of each initial insurance policy with respect to each Borrowing Base Property to be delivered to Administrative Agent on or prior to the time date such insurance Borrowing Base Property is obtained or renewed)admitted into the Borrowing Base, flood insurance in an amount and otherwise sufficient to comply with all applicable rules and regulations promulgated payments required pursuant to such policies to be paid currently, and each renewal or substitute policy (or evidence of insurance) shall be delivered to Administrative Agent, with all premiums fully paid current, at least ten (10) days before the Flood Insurance Laws termination of the policy it renews or replaces.
(d) Each of Parent and (ii) Borrower shall, and shall cause each other Loan Party to, pay all premiums on policies required pursuant to this Section 8.07 as they become due and payable and promptly deliver to the Collateral Administrative Agent evidence satisfactory to Administrative Agent of such compliance in form reasonably acceptable to the Collateral Agenttimely payment thereof.
Appears in 2 contracts
Samples: Credit Agreement (Rexford Industrial Realty, Inc.), Credit Agreement (Rexford Industrial Realty, Inc.)
Maintenance of Insurance. Except as otherwise provided in subsection (b) of this Section 5.09, the Servicer shall cause to be maintained with respect to each Contract one or more Hazard Insurance Policies which provide, at a minimum, the same coverage as a standard form fire and extended coverage insurance policy that is customary for manufactured housing, issued by a company authorized to issue such policies in the state in which the related Manufactured Home is located and in an amount which is not less than the maximum insurable value of such Manufactured Home or the principal balance due from the Obligor on the related Contract, whichever is less; provided, however, that the amount of coverage provided by each Hazard -------- ------- Insurance Policy shall be sufficient to avoid the application of any co- insurance clause contained therein; and provided, further, that such Hazard Insurance Policies may provide for customary deductible amounts. With respect to: (a) The Borrower willa Manufactured Home securing an FHA/VA Contract, and will cause each of the Restricted Subsidiaries toif such Manufactured Home's location was, at all times maintain in full force and effect, with insurance companies that the Borrower believes (in the good-faith judgment of the management of the Borrower) are financially sound and responsible at the time the relevant coverage is placed or renewed, insurance in at least such amounts (after giving effect to any self-insurance which the Borrower believes (in the good-faith judgment of management origination of the Borrower) is reasonable and prudent in light of the size and nature of its business) and against at least such risks (and with such risk retentions) as are usually insured against in the same general area by companies engaged in businesses similar to those engaged by the Borrower and the Restricted Subsidiaries; and will furnish to the Administrative Agent for further delivery to the Lendersrelated FHA/VA Contract, upon written request from the Administrative Agent, information presented in reasonable detail as to the insurance so carried. The Collateral Agent, for the benefit of the Secured Parties, shall be the additional insured on any such liability insurance and the Collateral Agent, for the benefit of the Secured Parties, shall be the additional loss payee or additional mortgagee under any such casualty or property insurance, except in each case as the Collateral Agent and the Borrower may otherwise agree.
(b) If any buildings or improvements comprising of any Mortgaged Property are at any time located in an area identified by the Federal Emergency Management Agency (or any successor agency) as within a federally designated special flood hazard area with respect to which area, the Servicer shall also cause such flood insurance has been made available under the Flood Insurance Laws, then the Borrower shall, or shall cause the applicable Credit Parties to, solely to the extent required by Applicable Law, (i) maintain, or cause to be maintained, with which coverage shall be at least equal to the minimum amount specified in the preceding sentence or such lesser amount as may be available under the federal flood insurance program; and (b) any Contract that is not an FHA/VA Contract, the Company shall obtain (i) a financially sound and reputable insurer (determined statement from the Obligor's insurance agent that the Manufactured Home was, at the time such insurance is obtained of origination of the Contract, not in a federally designated special flood hazard area, or renewed)(ii) evidence that, at the time of origination, flood insurance was in an amount and otherwise sufficient to comply with all applicable rules and regulations promulgated pursuant effect, which coverage was at least equal to the Flood minimum amount specified in the preceding sentence or such lesser amount as may be available under the federal flood insurance program. Each Hazard Insurance Laws Policy caused to be maintained by the Servicer shall contain a standard loss payee clause in favor of the Servicer and (ii) deliver its successors and assigns. If any Obligor is in default in the payment of premiums on its Hazard Insurance Policy or Policies, the Servicer shall pay such premiums out of its own funds and may separately add such premium to the Collateral Agent evidence of Obligor's obligation as provided by the Contract, but shall not add such compliance in form reasonably acceptable premium to the Collateral Agentremaining principal balance of the Contract.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Green Tree Financial Corp), Pooling and Servicing Agreement (Green Tree Financial Corp)
Maintenance of Insurance. (a) The Borrower will, Company and each Guarantor will cause each of the Restricted Subsidiaries to, at maintain insurance policies (or self- insurance) on all times maintain in full force and effect, with insurance companies that the Borrower believes (in the good-faith judgment of the management of the Borrower) are financially sound and responsible at the time the relevant coverage is placed or renewed, insurance its property in at least such amounts and against at least such risks as are usually insured against by companies of a similar size engaged in the same or a similar business (after giving effect to any self-insurance which the Borrower believes (in the good-good faith judgment of management of the Borrower) Company is reasonable and prudent in light of the size and nature of its business) and against at least such risks (and with such risk retentions) as are usually insured against in the same each general area by companies engaged in businesses similar to those engaged liability policy of insurance maintained by the Borrower Company or any Guarantor shall name the Collateral Agent, as an additional insured thereunder as its interests may appear and each general property insurance policy maintained by the Company or any Guarantor shall contain a lender loss payable endorsement that names the Collateral Agent, as a joint loss payee thereunder as its interests may appear, provided that, unless an Event of Default shall have occurred and be continuing, (i) all proceeds from insurance policies shall be paid to the Company or any Guarantor, (ii) to the extent the Collateral Agent receives any proceeds, the Collateral Agent shall turn over to the Company any amounts received by it as an additional insured or lender loss payee under any property insurance maintained by the Company and its Subsidiaries, and (iii) the Collateral Agent agrees that the Company and/or its applicable Subsidiary shall have the sole right to adjust or settle any claims under such insurance. Notwithstanding anything to the contrary herein, with respect to Foreign Subsidiaries and any Collateral located outside of the United States, the requirements of this Section 4.13 shall be deemed satisfied if the Company obtains insurance policies that are customary and appropriate for the applicable jurisdiction. Upon the request of the Collateral Agent, the Company and the Restricted Subsidiaries; and Guarantors will furnish to the Administrative Collateral Agent for further delivery to the Lenders, upon written request from the Administrative Agent, full information presented in reasonable detail as to the insurance so carried. The Collateral Agent, for the benefit of the Secured Parties, shall be the additional insured on any such their general property and liability insurance and the Collateral Agent, for the benefit of the Secured Parties, shall be the additional loss payee or additional mortgagee under any such casualty or property insurance, except in each case as the Collateral Agent and the Borrower may otherwise agree.carriers; and
(b) If if at any buildings or improvements comprising of time any Mortgaged Property are that remains subject to a Mortgage is at any time located in an area identified by the Federal Emergency Management Agency FEMA (or any successor agencyagent) as a special flood hazard area with respect to which flood insurance has been made available under the Flood Insurance Lawsarea, then the Borrower Company shall, or shall cause the applicable Credit Parties Guarantor to, solely to the extent required by Applicable Law, (i) maintain, or cause to be maintained, with a financially sound and reputable insurer (determined at reasonably acceptable to the time such insurance is obtained or renewed)Collateral Agent, flood insurance in an amount and otherwise sufficient to comply with all applicable rules and regulations promulgated pursuant to the Flood Insurance Laws and (ii) deliver to the Collateral Agent evidence of such compliance in form and substance reasonably acceptable to the Collateral Agent.
Appears in 2 contracts
Maintenance of Insurance. (a) The Borrower will, and will cause each of the Restricted Subsidiaries to, at all times maintain in full force and effect, Maintain with insurance companies that the Borrower believes (in the good-faith judgment of the management of the Borrower) are financially sound and responsible at the time the relevant coverage is placed or renewedreputable insurance companies not Affiliates of either Borrower, insurance with respect to its properties and business against loss or damage of the kinds customarily insured against by Persons engaged in at least the same or similar business, of such types and in such amounts (after giving effect to any self-insurance which compatible with the Borrower believes (in the good-faith judgment of management of the Borrower) is reasonable and prudent in light of the size and nature of its business) and against at least such risks (and with such risk retentionsfollowing standards) as are usually insured against in the same general area customarily carried under similar circumstances by companies engaged in businesses similar to those engaged by the Borrower such other Persons and the Restricted Subsidiaries; and will furnish providing for not less than 30 days’ prior notice to the Administrative Agent for further delivery to the Lendersof termination, upon written request from the Administrative Agent, information presented in reasonable detail as to the insurance so carriedlapse or cancellation of such insurance. The Collateral Agent, for the benefit of the Secured Parties, shall be the additional insured on any such liability insurance and the Collateral Agent, for the benefit of the Secured Parties, shall be the additional loss payee or additional mortgagee under any such casualty or property insurance, except in each case as the Collateral Agent and the Borrower may otherwise agree.
(b) If any buildings or improvements comprising of any Mortgaged Property are at any time located the area in an area identified which any real property constituting, or that is required to become, Mortgaged Property is designated a “special flood hazard area” in any Flood Insurance Rate Map published by the Federal Emergency Management Agency (or any successor agency) as a special indicated in any applicable flood hazard area certificate, the US Borrower (unless such applicable Mortgage includes Exclusionary Flood Language as elected by the Administrative Agent (after consultation with the US Borrower) pursuant to Section 6.11(a)(vi)(A)(1)) shall, and shall cause each of its Restricted Subsidiaries to, obtain flood insurance in such total amount as required by Regulation H of the Federal Reserve Board, as from time to time in effect and all official rulings and interpretations thereunder or thereof, and otherwise comply with the National Flood Insurance Program as set forth in the Flood Disaster Protection Act of 1973, as it may be amended from time to time, and such other applicable Flood Insurance Laws; provided that, to the extent such applicable Loan Party fails to obtain or maintain satisfactory flood insurance required pursuant to this Section 6.07 with respect to which flood any Mortgaged Property, the Administrative Agent shall be permitted, in its reasonable discretion, to obtain forced placed insurance has been made available under at the Borrowers’ expense to ensure compliance with any applicable Flood Insurance Laws, then the Borrower shall, or shall cause the applicable Credit Parties to, solely to the extent required by Applicable Law, (i) maintain, or cause to be maintained, with a financially sound and reputable insurer (determined at the time such insurance is obtained or renewed), flood insurance in an amount and otherwise sufficient to comply with all applicable rules and regulations promulgated pursuant to the Flood Insurance Laws and (ii) deliver to the Collateral Agent evidence of such compliance in form reasonably acceptable to the Collateral Agent.
Appears in 2 contracts
Samples: Master Assignment, Assignment of Liens, and Amendment No. 1 to Amended and Restated Credit Agreement (USD Partners LP), Credit Agreement (USD Partners LP)
Maintenance of Insurance. (a) The Borrower willMaintain liability, casualty and will cause other insurance (subject to customary deductibles and retentions), including with respect to each of the Restricted Subsidiaries to, at all times maintain in full force and effectMortgaged Real Property, with insurance companies that the Borrower believes (in the good-faith judgment of the management of the Borrower) are financially sound and responsible at the time the relevant coverage is placed or renewed, insurance in at least such amounts (after giving effect to any self-insurance which the Borrower believes (in the good-faith judgment of management of the Borrower) is reasonable and prudent in light of the size and nature of its business) and against at least such risks (and with such risk retentions) as are usually insured against in the same general area may be customarily carried by companies engaged in similar businesses and owning similar to those engaged by assets in the general areas in which the Borrower and the Restricted Subsidiaries; Subsidiaries operate (it being agreed that the Borrower and will furnish the Restricted Subsidiaries shall have satisfied this covenant with respect to a Real Property if the tenant under the applicable Master Lease for such Real Property maintains insurance satisfying the requirements of such Master Lease without giving effect to any consent or waiver by the landlord thereunder). The Administrative Agent shall be named as an additional insured on all liability insurance policies of each Loan Party (other than directors and officers liability insurance, insurance policies relating to employment practices liability, crime or fiduciary duties, kidnap and xxxxxx insurance policies, and insurance as to fraud, errors and omissions) and the Administrative Agent for further delivery to the Lenders, upon written request from the Administrative Agent, information presented in reasonable detail as to the insurance so carried. The Collateral Agent, for the benefit of the Secured Parties, shall be the additional insured on any such liability insurance and the Collateral Agent, for the benefit of the Secured Parties, shall be the additional named as a mortgagee/loss payee or additional mortgagee under any on all property insurance policies of each such casualty or property insurance, except in each case as the Collateral Agent and the Borrower may otherwise agreePerson relating to Property which is Collateral.
(b) If any buildings or improvements comprising portion of any Mortgaged Real Property are at any time is located in an area identified by the Federal Emergency Management Agency (or any successor agency) as a special flood hazard area with respect to which flood insurance has been made available under the National Flood Insurance LawsAct of 1968 (as now or hereafter in effect or successor act thereto), then the Borrower shall, or shall cause the applicable Credit Parties to, solely Loan Party to the extent required by Applicable Law, (i) maintain, or cause to be maintained, with a financially sound and reputable insurer (determined at the time such insurance is obtained or renewedobtained), flood insurance in an amount and otherwise sufficient to comply with all applicable rules and regulations promulgated pursuant to the Flood Insurance Laws and (ii) deliver to the Collateral Administrative Agent evidence of such compliance in form reasonably acceptable to the Collateral Administrative Agent.
Appears in 2 contracts
Samples: Credit Agreement (MGM Growth Properties Operating Partnership LP), Credit Agreement (MGM Growth Properties LLC)
Maintenance of Insurance. (a) The Each Grantor will maintain with financially sound and reputable insurers insurance with respect to its properties and business against such casualties and contingencies as shall be in accordance with general practices of businesses engaged in similar activities in similar geographic areas; provided, however, that the Borrower will, and will cause each of the Restricted Subsidiaries to, shall at all times maintain in full force and effect, with insurance companies that the Borrower believes (in the good-faith judgment of the management of the Borrower) are financially sound and responsible at the time the relevant coverage is placed or renewed, reputable insurers such insurance in at least such amounts (after giving effect to any self-not less than the insurance which the Borrower believes (in the good-faith judgment of management of the Borrower) is reasonable and prudent in light of the size and nature of its business) and against at least such risks (and with such risk retentions) as are usually insured against in the same general area by companies engaged in businesses similar to those engaged maintained by the Borrower as of the date hereof, except with the Purchasers' prior written consent (which will not be unreasonably withheld or delayed). Such insurance shall be in such minimum amounts that the Grantor will not be deemed a co-insurer under applicable insurance laws, regulations and policies and otherwise shall be in such amounts, contain such terms, be in such forms and be for such periods as may be reasonably satisfactory to the Agent and the Restricted Subsidiaries; and will furnish Requisite Purchasers. In addition, all such insurance shall be payable to the Administrative Agent for further delivery to the Lenders, upon written request from the Administrative Agent, information presented in reasonable detail as to the insurance so carried. The Collateral Agent, for the benefit (on behalf of the Secured Parties, shall be the additional insured on any such liability insurance and the Collateral Agent, for the benefit of the Secured Parties, shall be the additional loss payee or additional mortgagee under any such casualty or property insurance, except in each case as the Collateral Agent and the Borrower may otherwise agree.
(b) If any buildings or improvements comprising of any Mortgaged Property are at any time located in an area identified by the Federal Emergency Management Agency (or any successor agency) as a special flood hazard area with respect to which flood insurance has been made available under loss payee. Without limiting the Flood Insurance Lawsforegoing, then the Borrower shall, or shall cause the applicable Credit Parties to, solely to the extent required by Applicable Law, Grantors will (i) maintainkeep all of its physical property insured with casualty or physical hazard insurance on an "all risks" basis, or cause to be maintainedwith broad form flood and earthquake coverages and electronic data processing coverage, with a financially sound full replacement cost endorsement and reputable insurer (determined at the time such insurance is obtained or renewed), flood insurance an "agreed amount" clause in an amount and otherwise sufficient equal to comply with all applicable rules and regulations promulgated pursuant to 100% of the Flood Insurance Laws and full replacement cost of such property, (ii) deliver maintain all such workers' compensation or similar insurance as may be required by law and (iii) maintain, in amounts and with deductibles equal to those generally maintained by businesses engaged in similar activities in similar geographic areas, general public liability insurance against claims of bodily injury, death or property damage occurring, on, in or about the Collateral Agent evidence properties of such compliance in form reasonably acceptable to the Collateral AgentGrantors; business interruption insurance; and product liability insurance.
Appears in 2 contracts
Samples: Purchase Agreement (Zila Inc), Pledge and Security Agreement (Zila Inc)
Maintenance of Insurance. (a) The Borrower will, and will cause each of the Restricted Subsidiaries to, at all times Use commercially reasonable efforts to maintain in full force and effect, with insurance companies that the Parent Borrower believes (in the good-good faith judgment of the management of the Parent Borrower) are financially sound and responsible at the time the relevant coverage is placed or renewed, insurance in at least such amounts (after giving effect to any self-insurance which the Parent Borrower believes (in the good-good faith judgment of management of the Parent Borrower) is reasonable and prudent in light of the size and nature of its business) and against at least such risks (and with such risk retentions) as are usually insured against in the same general area by companies engaged in businesses similar to those engaged by the Borrower Borrowers and the Restricted Subsidiaries; and will furnish . Subject to Section 6.16, the Administrative Agent for further delivery Parent Borrower shall use commercially reasonable efforts to ensure that at all times the Lenders, upon written request from the Administrative Agent, information presented in reasonable detail as to the insurance so carried. The Collateral Agent, for the benefit of the Secured Parties, shall be the named as an additional insured on any such with respect to liability insurance policies (other than directors and officers policies and workers compensation) maintained by Holdings, the Borrowers and each Subsidiary Guarantor and the Collateral Agent, for the benefit of the Secured Parties, shall be the additional named as loss payee and mortgagee with respect to the property insurance maintained by Holdings, the Borrowers and each Subsidiary Guarantor; provided that, unless an Event of Default shall have occurred and be continuing, (A) all proceeds from insurance policies shall be paid to the applicable Borrower or additional mortgagee under any such casualty or property insuranceapplicable Subsidiary Guarantor, except in each case as (B) to the extent the Collateral Agent receives any proceeds, the Collateral Agent shall turn over to the Parent Borrower any amounts received by it as an additional insured or loss payee under any property insurance maintained by the Borrowers and their Subsidiaries, and (C) the Borrower may otherwise agreeCollateral Agent agrees that the Borrowers and/or their applicable Subsidiaries shall have the sole right to adjust or settle any claims under such insurance.
(b) If any buildings or improvements comprising of any Mortgaged Property are at any time located in an area identified by Without limiting the Federal Emergency Management Agency (or any successor agency) as a special flood hazard area with respect to which flood insurance has been made available under the Flood Insurance Laws, then the Borrower shall, or shall cause the applicable Credit Parties to, solely to the extent required by Applicable Lawforegoing, (i) maintain, or cause to be maintainedif available, with fully paid flood hazard insurance on all improved real property that is located in a financially sound special flood hazard area and reputable insurer (determined at the time that constitutes Mortgaged Property, on such insurance is obtained or renewed), flood insurance terms and in an amount and otherwise sufficient to comply with all applicable rules and regulations promulgated pursuant to such amounts as required by the Flood Insurance Laws and Laws, (ii) deliver furnish to the Collateral Agent promptly upon written request evidence of the renewal (and payment of renewal premiums therefor) of all such compliance in form reasonably acceptable policies prior to the expiration or lapse thereof, and (iii) furnish to the Collateral AgentAgent prompt written notice of any redesignation of any such improved real property into or out of a special flood hazard area.
Appears in 2 contracts
Samples: Credit Agreement (Maravai Lifesciences Holdings, Inc.), Credit Agreement (Maravai Lifesciences Holdings, Inc.)
Maintenance of Insurance. (a) The Each of Parent and Borrower willshall, and will shall cause each of the Restricted Subsidiaries other Company to, at all times maintain in full force and effect, with insurance companies that the Borrower believes (in the good-faith judgment of the management of the Borrower) are financially sound and responsible reputable insurance companies not Affiliates of any Company, insurance with respect to its properties and business against loss or damage of the kinds customarily insured against by Persons engaged in the same or similar business, of such types and in such amounts as are customarily carried under similar circumstances by such other Persons.
(b) Without limiting the foregoing, each of Parent and Borrower shall, and shall cause each other Loan Party to, obtain and maintain, at Borrower’s or the applicable Mortgagor’s sole expense: (i) property insurance with respect to all insurable property, against loss or damage by fire, lightning, windstorm, explosion, hail, tornado and such additional hazards as are presently included in special form (also known as “all-risk”) coverage and against any and all acts of terrorism and such other insurable hazards as Administrative Agent may reasonably require which at the time the relevant coverage is placed or renewed, insurance in at least such amounts (after giving effect to any self-insurance which the Borrower believes (in the good-faith judgment of management of the Borrower) is reasonable and prudent in light of the size and nature of its business) and against at least such risks (and with such risk retentions) as are usually commonly insured against in the same general area by companies engaged in businesses similar to those engaged by the Borrower and the Restricted Subsidiaries; and will furnish case of premises similarly situated, due regard being given to the height, type, construction, location, use and occupancy of buildings and improvements and are commercially available at commercially reasonable rates, in an amount not less than one hundred percent (100%) of the full replacement cost, including the cost of debris removal, without deduction for depreciation and sufficient to prevent any Loan Party and Administrative Agent for further delivery and Lenders from becoming coinsurers; (ii) if and to the Lendersextent any portion of any Borrowing Base Property or the Improvements is, upon written request under the Flood Disaster Protection Act of 1973 (for purposes of this Section, “FDPA”), as it may be amended from the time to time, in a Special Flood Hazard Area, within a Flood Zone designated A or V in a participating community, a flood insurance policy in an amount required by Administrative Agent, information presented but in reasonable detail no event less than the amount sufficient to meet the requirements of applicable Law and the FDPA, as such requirements may from time to time be in effect; (iii) general liability insurance, on an “occurrence” basis against claims for “personal injury” liability, including bodily injury, death, or property damage liability, for the insurance so carried. The Collateral benefit of the applicable Loan Parties as named insureds and Administrative Agent, for the benefit of the Secured PartiesLenders, shall be the as additional insured on any such liability insured; (iv) statutory workers’ compensation insurance and the Collateral Agent, for the benefit of the Secured Parties, shall be the additional loss payee or additional mortgagee under any such casualty or property insurance, except in each case as the Collateral Agent and the Borrower may otherwise agree.
(b) If any buildings or improvements comprising of any Mortgaged Property are at any time located in an area identified by the Federal Emergency Management Agency (or any successor agency) as a special flood hazard area with respect to which flood any work on or about any of the Borrowing Base Properties (including employer’s liability insurance, if required by Administrative Agent), covering all employees and contractors of each applicable Loan Party; and (v) such other insurance has been made available under on the Flood Insurance LawsBorrowing Base Properties and endorsements as may from time to time be reasonably required by Administrative Agent (including soft cost coverage, then the Borrower shallbusiness interruption insurance, or delayed rental insurance, boiler and machinery insurance, earthquake insurance, wind insurance, sinkhole coverage, and/or permit to occupy endorsement) which risks at the time are commonly insured against in the case of premises similarly situated, due regard being given to the height, type, construction, location, use and occupancy of buildings and Improvements and are commercially available at commercially reasonable rates. All insurance policies shall cause be issued and maintained by insurers, in amounts, with deductibles, limits and retentions, and in forms satisfactory to Administrative Agent. All insurance companies providing insurance required pursuant to this Agreement or any other Loan Document must be licensed to do business in the state in which the applicable Credit Parties to, solely to the extent required by Applicable Law, (i) maintainBorrowing Base Property is located and must have an A. M. Best Company financial and performance ratings of A-:IX or better. All insurance policies maintained, or cause caused to be maintained, with respect to the Borrowing Base Properties, except for general liability insurance, shall provide that each such policy shall be primary without right of contribution from any other insurance that may be carried by the applicable Loan Party or its applicable Subsidiary or Administrative Agent or any Lender, and that all of the provisions thereof, except the limits of liability, shall operate in the same manner as if there were a financially sound separate policy covering each insured. If any insurer which has issued a policy of hazard, liability, or other insurance required pursuant to this Agreement or any other Loan Document becomes insolvent or is the subject of any petition, case, proceeding or other action pursuant to any Debtor Relief Law, or if in Administrative Agent’s reasonable opinion the financial responsibility of such insurer is or becomes inadequate, then each applicable Loan Party shall in each instance promptly upon its discovery thereof or upon the request of Administrative Agent therefor, promptly obtain and reputable deliver to Administrative Agent a like policy (or, if and to the extent permitted by Administrative Agent, acceptable evidence of insurance) issued by another insurer, which insurer and policy meet the requirements of this Agreement or such other Loan Document, as the case may be.
(determined c) Each of Parent and Borrower shall, and shall cause each other Loan Party to, cause all certificates of insurance or other evidence of each initial insurance policy to be delivered to Administrative Agent on or prior to the Closing Date, with all premiums fully paid current, and each renewal or substitute policy (or evidence of insurance) shall be delivered to Administrative Agent, with all premiums fully paid current, at least ten (10) days after the termination of the policy it renews or replaces.
(d) Each of Parent and Borrower shall, and shall cause each other Loan Party to, pay all premiums on policies required hereunder as they become due and payable and promptly deliver to Administrative Agent evidence satisfactory to Administrative Agent of the timely payment thereof. If any loss occurs at any time when the Loan Parties have failed to perform the Loan Parties’ covenants and agreements in this Section 7.07 with respect to any insurance payable because of loss sustained to any part of any Borrowing Base Property or otherwise, whether or not such insurance is obtained or renewed)required by Administrative Agent and the Lenders, flood insurance in an amount then Administrative Agent and otherwise sufficient to comply with all applicable rules and regulations promulgated pursuant the Lenders shall nevertheless be entitled to the Flood Insurance Laws benefit of all insurance covering the loss and (ii) deliver held by or for a Loan Party, to the Collateral same extent as if it had been made payable to Administrative Agent evidence for the benefit of Lenders.
(e) Each of Parent and Borrower shall, and shall cause each other Loan Party to, cause all insurance policies provided for or contemplated by this Section 7.07 with respect to the assets and properties of the Loan Parties that constitute Collateral, including any environmental insurance, to name the applicable Loan Party as the insured and Administrative Agent as the additional insured or loss payee, as its interests may appear, in form and substance reasonably satisfactory to Administrative Agent, providing that the loss thereunder shall be payable directly to Administrative Agent. In addition, such insurance policies shall provide for at least thirty (30) days’ prior written notice to Administrative Agent of any termination, lapse, modification, or cancellation of such compliance policy or ten (10) days notice in form reasonably acceptable to the Collateral Agentcase of non-payment of any premium.
Appears in 2 contracts
Samples: Credit Agreement (STAG Industrial, Inc.), Credit Agreement (STAG Industrial, Inc.)
Maintenance of Insurance. (a) The Borrower will, and will cause each of the Restricted Subsidiaries Subsidiary to, at all times maintain in full force and effect, pursuant to self-insurance arrangements or with insurance companies that the Borrower believes (in the good-good faith judgment of the management of the Borrower) are financially sound and responsible reputable at the time the relevant coverage is placed or renewed, insurance in at least such amounts (after giving effect to any self-insurance which the Borrower believes (in the good-good faith judgment of management of the Borrower) is reasonable and prudent in light of the size and nature of its business) and against at least such risks (and with such risk retentions) as are usually insured against the Borrower believes (in the same general area by companies engaged good faith judgment of management of the Borrower) is reasonable and prudent in businesses similar to those engaged by light of the Borrower size and the Restricted Subsidiariesnature of its business; and will furnish to the Administrative Agent for further delivery to the LendersAgent, upon written request from the Administrative Agent, information presented in reasonable detail as to the insurance so carried. The Collateral Agent, for the benefit of the Secured Parties, Parties shall be the additional insured insureds on any such liability insurance and as their interests may appear and, if property insurance is obtained, the Collateral Agent, for the benefit of the Secured Parties, Agent shall be the additional lender loss payee or additional mortgagee under any such casualty or property insurance; provided that, except in each case so long as no Event of Default has occurred and is then continuing, the Collateral Agent and Secured Parties will provide any proceeds of such property insurance to the Borrower may otherwise agreeBorrower.
(b) If With respect to any buildings Building or improvements comprising of Manufactured (Mobile) Home included (or required to be included) as Collateral under the Credit Documents and located on any Mortgaged Property are at land subject to (or required to be subject to) a Mortgage under the Credit Documents designated a “flood hazard area” in any time located in an area identified Flood Insurance Rate Map published by the Federal Emergency Management Agency (or any successor agency) ), obtain flood insurance in such total amount as a special the Administrative Agent may from time to time reasonably require, and otherwise comply with the National Flood Insurance Program as set forth in the Flood Insurance Regulation. Following the Closing Date, the Borrower shall deliver to the Administrative Agent annual renewals of each flood hazard area insurance policy or annual renewals of each force-placed flood insurance policy, as applicable. In connection with any amendment to this Agreement pursuant to which any increase, extension, or renewal of Loans is contemplated, the Borrower shall cause to be delivered to the Administrative Agent all Flood Documentation for any Mortgaged Property with respect to which flood insurance has been made available under the Flood Insurance Laws, then the Borrower shall, Buildings or shall cause the applicable Credit Parties to, solely to the extent required by Applicable Law, Manufactured (iMobile) maintain, or cause to be maintained, with a financially sound and reputable insurer (determined at the time such insurance is obtained or renewed), flood insurance in an amount and otherwise sufficient to comply with all applicable rules and regulations promulgated pursuant to the Flood Insurance Laws and (ii) deliver to the Collateral Agent evidence of such compliance in form reasonably acceptable to the Collateral AgentHomes are included as Collateral.
Appears in 2 contracts
Samples: Credit Agreement (California Resources Corp), Credit Agreement (California Resources Corp)
Maintenance of Insurance. (a) The Borrower willParent and the Applicants shall, and will shall cause each of the its Restricted Subsidiaries to, at all times (a) maintain in full force insurance with responsible and effect, with reputable insurance companies that the Borrower believes (or associations in such amounts and covering such risks as, in the good-faith judgment reasonable determination of the management of the Borrower) are financially sound Parent, is usually carried by companies engaged in similar businesses and responsible at the time the relevant coverage is placed or renewed, insurance in at least such amounts (after giving effect to any self-insurance which the Borrower believes (in the good-faith judgment of management of the Borrower) is reasonable and prudent in light of the size and nature of its business) and against at least such risks (and with such risk retentions) as are usually insured against owning similar properties in the same general area by companies engaged areas in businesses similar which the Parent or such Subsidiary operates; provided that, with respect to those engaged the Mortgaged Vessels, the Parent shall be required to provide or cause to be provided only such insurance as is required by the Borrower and the Restricted Subsidiaries; and will furnish to the Administrative Agent for further delivery to the LendersCollateral Documents, upon written request from the Administrative Agent, information presented in reasonable detail as to the insurance so carried. The Collateral Agent, for the benefit of the Secured Parties, shall be the additional insured on any such liability insurance and the Collateral Agent, for the benefit of the Secured Parties, shall be the additional loss payee or additional mortgagee under any such casualty or property insurance, except in each case as the Collateral Agent and the Borrower may otherwise agree.
(b) If any buildings or improvements comprising of any the Parent, the Applicants and each other applicable Credit Party shall, without limiting the foregoing, at all times, (i) maintain, if available, fully paid flood hazard insurance with respect to each Mortgaged Property are at any time containing a Building (as defined in Section 208.25 of Regulation H of the FRB) that is located in an area identified a special flood hazard area, as designated by the Federal Emergency Management Agency of the United States Department of Homeland Security (“FEMA”), on such terms and in such amounts as required by The National Flood Insurance Reform Act of 1994 or as otherwise reasonably required by the Collateral Agent, (ii) upon request, furnish to the Collateral Agent, for delivery to the Administrative Agent and the Participants, evidence of the renewal of all such policies, and (iii) furnish to the Collateral Agent, for delivery to the Administrative Agent and the Participants, written notice of any successor agency) as redesignation by FEMA of any such Building into or out of a special flood hazard area promptly upon obtaining knowledge of such redesignation. Additionally, the Parent and the Applicants shall deliver to the Collateral Agent, for delivery to the Administrative Agent and the Participants, (x) standard flood hazard determination forms and (y) if any Mortgaged Property is located in a special flood hazard area (A) notices to (and confirmations of receipt by) such Credit Party as to the existence of a special flood hazard and, if applicable, the unavailability of flood hazard insurance under the National Flood Insurance Program and (B) evidence of applicable flood insurance, if available, in each case in such form, on such terms and in such amounts as required by The National Flood Insurance Reform Act of 1994 or as otherwise required by the Collateral Agent, and (c) cause all property and general liability insurance policies (i) to name the Collateral Agent on behalf of the Secured Parties as additional insured with respect to liability policies or lender’s loss payee with respect to property policies (or a loss payee for any property policy the insurance provider for which flood insurance has been made available under the Flood Insurance Laws, then the Borrower shall, or shall cause the applicable Credit Parties to, solely will not agree to the extent required by Applicable Law, (i) maintain, or cause to be maintained, with provide a financially sound and reputable insurer (determined at the time such insurance is obtained or renewedlender’s loss payee endorsement), flood insurance in an amount and otherwise sufficient to comply with all applicable rules and regulations promulgated pursuant to the Flood Insurance Laws as appropriate, and (ii) deliver to provide that no cancellation shall be effective until at least 30 days after receipt by the Collateral Agent evidence of such compliance written notice thereof (and the Applicants jointly and severally agree to provide to the Administrative Agent prompt written notice of any material change in form reasonably acceptable amount or material change in coverage). Subject to Section 2.12(b), so long as an Event of Default is not then continuing, the Collateral Agent, on behalf of the Secured Parties, agrees to promptly release, endorse and turn over to the Parent or the applicable Subsidiary any insurance proceeds received by the Collateral Agent.
Appears in 2 contracts
Samples: Letter of Credit Agreement (McDermott International Inc), Letter of Credit Agreement (McDermott International Inc)
Maintenance of Insurance. (a) The Borrower willEach Loan Party shall, and will shall cause each of the Restricted its Subsidiaries to, insure its properties and assets against loss or damage by fire and such other insurable hazards as such assets are commonly insured (including fire, extended coverage, property damage, workers’ compensation, public liability and business interruption insurance) and against other risks (including errors and omissions) in such amounts as similar properties and assets are insured by prudent companies in similar circumstances carrying on similar businesses, and with reputable and financially sound insurers (which may be an Affiliate of the Borrower), including self-insurance except to the extent where the failure to do so would not reasonably be expected to have a Material Adverse Effect. All such insurance shall (i) provide that no cancellation, material reduction in amount or material change in coverage thereof shall be effective until at all times maintain in full force least 30 days after receipt by the Administrative Agent of written notice thereof and effect, with insurance companies that (ii) name the Borrower believes Administrative Agent as mortgagee/lenders loss payee (as applicable) (in the good-faith judgment case of property insurance) or additional insured on behalf of the management of the Borrower) are financially sound and responsible at the time the relevant coverage is placed or renewed, insurance in at least such amounts (after giving effect to any self-insurance which the Borrower believes Secured Parties (in the good-faith judgment case of management liability insurance), as applicable. At the reasonable request of the Borrower) is reasonable and prudent in light of Administrative Agent, the size and nature of its business) and against at least such risks (and with such risk retentions) as are usually insured against in the same general area by companies engaged in businesses similar to those engaged by the Borrower and the Restricted Subsidiaries; and will furnish Loan Parties shall deliver to the Administrative Agent for further delivery to and each of the Lenders, upon written request from Lenders (x) on the Administrative Agent, information presented in reasonable detail Closing Date and thereafter a certificate of insurance signed by the Loan Parties’ independent insurance broker describing and certifying as to the insurance so carried. The Collateral Agent, for the benefit existence of the Secured Parties, shall insurance on the Collateral required to be the additional insured on any such liability insurance maintained by this Agreement and the Collateral Agentother Loan Documents, for the benefit together with a copy of the Secured endorsement described in the next sentence attached to such certificate, and (y) from time to time a summary schedule indicating all insurance then in force with respect to each of the Loan Parties, . Such policies of insurance shall be contain special endorsements which include the additional loss payee provisions specified below or additional mortgagee under are otherwise in form reasonably acceptable to the Administrative Agent in its discretion. If at any such casualty or property insurance, except in each case as the Collateral Agent and the Borrower may otherwise agree.
(b) If time any buildings or improvements comprising of building located at any Mortgaged Property are at any time and constituting Collateral is located in an area identified by the Federal Emergency Management Agency (or any successor agency) as a special flood hazard area with respect to which flood insurance has been made available under the Flood Insurance Lawsarea, then the Borrower shall, or shall cause the applicable Credit Loan Parties to, solely to the extent required by Applicable Lawshall, (i) keep and maintain, or cause to be maintained, with a financially sound and reputable insurer (determined at the time such insurance is obtained or renewed)all times, flood insurance on terms and in an amount and otherwise sufficient to comply with all applicable the rules and regulations promulgated pursuant to under the Flood Insurance Laws and Laws, (ii) upon written request, deliver to the Collateral Administrative Agent evidence of such compliance in form and substance reasonably acceptable to the Collateral Administrative Agent and (iii) upon written request, deliver to the Administrative Agent an executed acknowledgment of each “Life-of-Loan” flood hazard determination delivered to the Borrower promptly following receipt of such determination; provided that in the case of any Mortgaged Property that is acquired after the Closing Date located in a special flood hazard area, any evidence of the flood insurance required to be maintained under this Section 7.3 shall be delivered to the Administrative Agent prior to the effective date of the Mortgage in respect of such Mortgaged Property and such evidence of flood insurance shall be subject to the reasonable approval of the Administrative Agent. The foregoing requirement for flood insurance shall not apply to any Real Property that is otherwise excluded under the definition of Excluded Assets.
Appears in 2 contracts
Samples: Credit Agreement (Peabody Energy Corp), Credit Agreement (Peabody Energy Corp)
Maintenance of Insurance. (a) The Borrower will, and will cause each of the Restricted Subsidiaries to, at all times maintain in full force and effect, Maintain with insurance companies that the Borrower believes (in the good-faith judgment of the management of the Borrower) are financially sound and responsible at the time the relevant coverage is placed or renewedreputable insurance companies, insurance with respect to its properties and business against loss or damage of the kinds customarily insured against by Persons engaged in at least the same or similar business, of such types and in such amounts (after giving effect to any self-insurance which reasonable and customary for similarly situated Persons engaged in the same or similar businesses as the Borrower believes (in the good-faith judgment of management of the Borrower) is reasonable and prudent in light of the size and nature of its business) and against at least such risks (and with such risk retentionsRestricted Subsidiaries) as are usually insured against in the same general area customarily carried under similar circumstances by companies engaged in businesses similar to those engaged by such other Persons; provided that the Borrower and the Restricted Subsidiaries; Subsidiaries shall not be required to maintain flood insurance except to the extent required by applicable Laws. Any such insurance (excluding business interruption insurance and will furnish to any flood insurance) maintained in the United States shall name the Administrative Agent for further delivery to the Lenders, upon written request from the Administrative Agent, information presented in reasonable detail as to the insurance so carried. The Collateral Agent, for the benefit of the Secured Parties, shall be the additional insured on any such liability insurance and the Collateral Agentlender’s loss payee, for the benefit of the Secured Parties, shall be the additional loss payee or additional mortgagee under any such casualty or property insurance, except in each case as the Collateral Agent and the Borrower may otherwise agreeapplicable.
(b) If any buildings or improvements comprising of any Mortgaged Property are at any time the Headquarters and Manufacturing Property is located in an area identified by the Federal Emergency Management Agency (or any successor agency) as a “special flood hazard area area” with respect to which flood insurance has been made available under Flood Insurance Laws, the applicable Loan Party (A) if required by the Flood Insurance Laws, then the Borrower shallshall obtain and maintain, or shall cause the applicable Credit Parties to, solely with financially sound and reputable insurance companies (except to the extent required by Applicable Law, (i) maintain, or cause that any insurance company insuring the Headquarters and Manufacturing Property of the Loan Party ceases to be maintainedfinancially sound and reputable after the Amendment No. 1 Effective Date, in which case, the Borrower shall promptly replace such insurance company with a financially sound and reputable insurer (determined at the time such insurance is obtained or renewedcompany), such flood insurance in an such reasonable total amount and otherwise sufficient as the Administrative Agent may from time to time reasonably require to comply with all applicable rules and regulations promulgated pursuant to the Flood Insurance Laws and (iiB) promptly upon request of the Administrative Agent or any Lender, will deliver to the Collateral Administrative Agent or such Lender, as applicable, evidence of such compliance in form and substance reasonably acceptable to the Collateral AgentAdministrative Agent or such Lender, including, without limitation, evidence of annual renewals of such insurance.
Appears in 2 contracts
Samples: Credit Agreement (Holley Inc.), Credit Agreement (Holley Inc.)
Maintenance of Insurance. The Borrowers will continuously maintain the following described policies of insurance without cost to Lender (athe “Insurance Policies”):
(i) The Borrower willCommercial general liability insurance, including death, bodily injury and will cause each of the Restricted Subsidiaries to, at all times maintain broad form property damage coverage with a combined single limit in full force an amount not less than one million dollars ($1,000,000) per occurrence and effect, with insurance companies that the Borrower believes two million dollars ($2,000,000) in the good-faith judgment of the management of the Borrower) are financially sound and responsible at the time the relevant coverage is placed or renewed, insurance in at least such amounts (after giving effect to aggregate for any self-insurance which the Borrower believes (in the good-faith judgment of management of the Borrower) is reasonable and prudent in light of the size and nature of its business) and against at least such risks (and with such risk retentions) as are usually insured against in the same general area by companies engaged in businesses similar to those engaged by the Borrower and the Restricted Subsidiaries; and will furnish to the Administrative Agent for further delivery to the Lenders, upon written request from the Administrative Agent, information presented in reasonable detail as to the insurance so carried. The Collateral Agent, for the benefit of the Secured Parties, shall be the additional insured on any such liability insurance and the Collateral Agent, for the benefit of the Secured Parties, shall be the additional loss payee or additional mortgagee under any such casualty or property insurance, except in each case as the Collateral Agent and the Borrower may otherwise agree.policy year;
(bii) If any buildings or improvements comprising of any Mortgaged Property are at any time For each Site (other than the Managed Sites) located in an area identified by the Federal Emergency Management Agency (whole or any successor agency) as in part in a federally designated “special flood hazard area with respect to which area”, flood insurance has been made available under the Flood Insurance Laws, then the Borrower shall, or shall cause the applicable Credit Parties to, solely to the extent required by Applicable Law, law and available at federally subsidized rates;
(iiii) maintain, or cause to be maintained, An umbrella excess liability policy with a financially sound limit of not less than ten million dollars ($10,000,000) over primary insurance, which policy shall include coverage for water damage, so-called assumed and reputable insurer contractual liability coverage, premises medical payment and automobile liability coverage, and coverage for safeguarding of personalty and shall also include such additional coverages and insured risks which are acceptable to Lender;
(determined at the time such iv) Business interruption and/or rent loss insurance is obtained or renewed), flood with an aggregate limit equal to $5,000,000;
(v) Property insurance in an amount equal to $5,000,000; and
(vi) During any period of construction, repair or restoration, builders “all risk” insurance in an amount equal to not less than the full insurable value of the applicable Sites. All Insurance Policies shall be in content (including, without limitation, endorsements or exclusions, if any), form, and otherwise sufficient amounts, and issued by companies, satisfactory to comply Lender from time to time and shall name Lender and its successors and assignees as their interests may appear as an “additional insured” or “loss payee” (with respect to property policies) for each of the policies under this Section 5.4 for which such designation is applicable and shall (except for Worker’s Compensation Insurance) contain a waiver of subrogation clause reasonably acceptable to Lender. All Insurance Policies under Sections 5.4(ii), (iv), and (v), hereof with respect to the Mortgaged Sites shall contain a Non-Contributory Standard mortgagee clause and a mortgagee’s Loss Payable Endorsement (Form 438 BFU NS), or their equivalents (such endorsements shall entitle Lender to collect any and all proceeds payable under all such insurance, with the insurance company waiving any claim or defense against Lender for premium payment, deductible, self-insured retention or claims reporting provisions). All Insurance Policies shall provide that the coverage shall not be modified without thirty (30) days’ advance written notice to Lender and shall provide that no claims (other than claims under liability policies) shall be paid thereunder to a Person other than Lender without ten (10) days’ advance written notice to Lender. The Borrowers may obtain any insurance required by this Section through blanket policies; provided, however, that such blanket policies shall separately set forth the amount of insurance in force (together with applicable rules deductibles, and regulations promulgated per occurrence limits) with respect to the Sites and shall afford all the protections to Lender as are required under this Section. Except as may be expressly provided above, all policies of insurance required hereunder shall contain no annual aggregate limit of liability, other than with respect to liability, flood and earthquake insurance. If a blanket policy is issued, a certified copy of said policy shall be furnished, together with a certificate indicating that Lender is an additional insured (and, if applicable, loss payee) under such policy in the designated amount. The Borrowers will deliver duplicate originals of all Insurance Policies, premium prepaid for a period of one (1) year (or quarterly in the case of casualty insurance), to Lender and, in case of Insurance Policies about to expire, the Borrowers will deliver duplicate originals of replacement policies or certificates thereof satisfying the requirements hereof to Lender prior to the date of expiration; provided, however, if such replacement policy is not yet available, the Borrowers shall provide Lender with an insurance certificate executed by the insurer or its authorized agent evidencing that the insurance required hereunder is being maintained under such policy, which certificate shall be acceptable to Lender on an interim basis until the duplicate original of the policy is available. An insurance company shall not be satisfactory unless such insurance company is licensed or authorized to issue insurance in the State where the applicable Site is located and has a claims paying ability rating by S&P of “A” (or its equivalent), by Fitch of “A”, and, if rated by Xxxxx’x, “Baa2”. With Rating Agency Confirmation, the Borrowers may satisfy any of the obligations under this Section 5.4 through self-insurance. Notwithstanding the foregoing, a carrier which does not meet the foregoing ratings requirement shall nevertheless be deemed acceptable hereunder, provided that such carrier is reasonably acceptable to Lender and the Borrowers shall deliver notice to each of the Rating Agencies of the ratings of such carriers. If any insurance coverage required under this Section 5.4 is maintained by a syndicate of insurers, the preceding ratings requirements shall be deemed satisfied (without any required Rating Agency Confirmation) as long as at least seventy-five percent (75%) of the coverage (if there are four or fewer members of the syndicate) or at least sixty percent (60%) of the coverage (if there are five or more members of the syndicate) is maintained with carriers meeting the claims-paying ability ratings requirements by S&P, Fitch (if applicable) or Xxxxx’x (if applicable) set forth above and all carriers in such syndicate have a claims-paying ability rating by Fitch of not less than “BBB” (to the extent rated by Fitch), by Xxxxx’x of not less than “Baa2” (to the extent rated by Xxxxx’x) or by S&P of not less than “BBB”. The Borrowers shall furnish Lender receipts for the payment of premiums on such insurance policies or other evidence of such payment reasonably satisfactory to Lender in the event that such premiums have not been paid by Lender pursuant to the Flood Loan Agreement. The requirements of this Section 5.4 shall apply to any separate policies of insurance taken out by the Borrowers concurrent in form or contributing in the event of loss with the Insurance Laws and Policies. Property losses shall be payable to Lender notwithstanding (ii1) deliver any act, failure to act or negligence of the Collateral Agent evidence Borrowers or their agents or employees, Lender or any other insured party which might, absent such agreement, result in a forfeiture or all or part of such compliance insurance payment, other than the willful misconduct of Lender knowingly in form reasonably acceptable violation of the conditions of such policy, (2) the occupation or use of the Sites or any part thereof for purposes more hazardous than permitted by the terms of such policy, (3) any foreclosure or other action or proceeding taken pursuant to this Loan Agreement or (4) any change in title to or ownership of the Collateral AgentSites or any part thereof. The property insurance described in this Section 5.4 hereof shall include “time element” coverage by which Lender shall be assured payment of all amounts due under the Notes, this Loan Agreement and the other Loan Documents; “extra expense” (i.e., soft costs), clean-up, transit and ordinary payroll coverage; and “expediting expense” coverage to facilitate rapid repair or restoration of the Sites. The Insurance Policies shall not contain any deductible in excess of $300,000, with the exception for Hurricane coverage with a $750,000 per occurrence deductible for each “Named Wind” storm and $1,000,000 for flood coverage within the 100 year flood plain.
Appears in 2 contracts
Samples: Loan and Security Agreement (American Tower Corp /Ma/), Loan and Security Agreement (American Tower Corp /Ma/)
Maintenance of Insurance. (a) The Borrower will, and will cause each of the Restricted Subsidiaries Material Subsidiary to, at all times maintain in full force and effect, pursuant to self-insurance arrangements or with insurance companies that the Borrower believes (in the good-good faith judgment of the management of the Borrower) are financially sound and responsible at the time the relevant coverage is placed or renewed, insurance in at least such amounts (after giving effect to any self-insurance which the Borrower believes (in the good-good faith judgment of management of the Borrower) is reasonable and prudent in light of the size and nature of its businessbusiness and the availability of insurance on a cost-effective basis) and against at least such risks (and with such risk retentions) as are usually insured against the Borrower believes (in the same general area by companies engaged good faith judgment of management of the Borrower) is reasonable and prudent in businesses similar to those engaged by light of the Borrower size and nature of its business and the Restricted Subsidiariesavailability of insurance on a cost-effective basis; and will furnish to the Administrative Agent for further delivery to the LendersAgent, upon promptly following written request from the Administrative Agent, information presented in reasonable detail as to the insurance so carried. The Collateral Agent, for the benefit of the Secured Parties, shall be the additional insured on any such liability insurance carried and the Collateral Agent, for the benefit of the Secured Parties, shall be the additional loss payee or additional mortgagee under any such casualty or property insurance, except in each case as the Collateral Agent and the Borrower may otherwise agree.
(b) If with respect to any buildings or improvements comprising of any improved Mortgaged Property are at any time located in an area identified by the Federal Emergency Management Agency (or any successor agency) as a special flood hazard area with respect to which flood insurance has been made available under the Flood Insurance Lawsarea, then the Borrower shall, or shall cause the applicable Credit Parties to, solely to the extent required by Applicable Law, (i) maintain, or cause to be maintained, with a financially sound and reputable insurer (determined at the time such insurance is obtained or renewed), will obtain flood insurance in an such total amount and otherwise sufficient to comply with all applicable rules and regulations promulgated pursuant to as required by the Flood Insurance Laws and shall otherwise comply with the Flood Insurance Laws. Each such policy of insurance shall (i) name the Collateral Agent, on behalf of the Secured Parties as an additional insured thereunder as its interests may appear and (ii) deliver to in the Collateral Agent evidence case of such compliance in form reasonably acceptable to each casualty insurance policy, contain a lender loss payable clause or endorsement that names the Collateral Agent, on behalf of the Secured Parties as the lender loss payee thereunder.
Appears in 2 contracts
Samples: First Lien Credit Agreement (Bountiful Co), Second Lien Credit Agreement (Bountiful Co)
Maintenance of Insurance. (a) The Borrower Obligors will, and will cause each of the Restricted Borrower Subsidiaries to, at all times maintain in full force and effect, pursuant to self-insurance arrangements or with insurance companies that the Borrower believes (in the good-faith judgment of the management of the Borrower) are financially sound and responsible at the time the relevant coverage is placed or renewed, insurance in at least such amounts (after giving effect to any self-insurance which the Borrower believes (in the good-faith judgment of management of the Borrower) is reasonable and prudent in light of the size and nature of its business) and against at least such risks (and with such risk retentions) as are usually insured against in the same general area by companies engaged in businesses the same or a similar to those engaged by the Borrower and the Restricted Subsidiariesbusiness; and will furnish to the Administrative Agent for further delivery to the Lenders, upon reasonable written request from the Administrative Agent, information presented in reasonable detail as to the insurance so carried. The ; and ensure that at all times the Collateral Agent, for the benefit of the Secured Parties, shall be the named as additional insured on insureds with respect to liability policies maintained by any such liability insurance Obligor, and the Collateral Agent, for the benefit of the Secured Parties, shall be the additional named as loss payee or additional mortgagee under with respect to the property insurance covering Inventory that constitutes Collateral maintained by any such casualty or property insuranceObligor; provided that, except in each case as unless an Event of Default shall have occurred and be continuing, the Collateral Agent shall turn over to the Obligors any amounts received by it as loss payee under any property insurance maintained by such Obligors it being understood and agreed that the Borrower may otherwise agreeCollateral Agent is not authorized to receive any such proceeds except during the continuation of any Event of Default, and, unless an Event of Default shall have occurred and be continuing, the Collateral Agent agrees that the applicable Obligor shall have the sole right to adjust or settle any claims under such insurance.
(b) If any buildings or improvements comprising of any Mortgaged Property are at any time located in an area identified by the Federal Emergency Management Agency (or any successor agency) as a special flood hazard area with respect to which flood All such insurance has been made available under the Flood Insurance Laws, then the Borrower shall, or shall cause the applicable Credit Parties to, solely to the extent required by Applicable Law, (i) maintainprovide that no cancellation, material reduction in amount or cause to material change in coverage thereof shall be maintainedeffective until at least 30 days after receipt by the Collateral Agent of written notice thereof, with a financially sound and reputable insurer (determined at the time such insurance is obtained or renewed), flood insurance in an amount and otherwise sufficient to comply with all applicable rules and regulations promulgated pursuant to the Flood Insurance Laws and (ii) deliver to name the Collateral Agent evidence as mortgagee (in the case of such compliance property insurance) or additional insured on behalf of the Secured Parties (in form reasonably acceptable to the Collateral Agentcase of liability insurance) or loss payee (in the case of property insurance), as applicable.
Appears in 2 contracts
Samples: Abl Credit Agreement (Univar Inc.), Abl Credit Agreement (Univar Inc.)
Maintenance of Insurance. a. Except as otherwise provided in subsection (b) of this Section 5.09, the Servicer shall cause to be maintained with respect to each Contract one or more Hazard Insurance Policies which provide, at a minimum, the same coverage as a standard form fire and extended coverage insurance policy that is customary for manufactured housing, issued by a company authorized to issue such policies in the state in which the related Manufactured Home is located and in an amount which is not less than the maximum insurable value of such Manufactured Home or the principal balance due from the Obligor on the related Contract, whichever is less; provided, however, that the amount of coverage provided by each Hazard -------- ------- Insurance Policy shall be sufficient to avoid the application of any co-insurance clause contained therein; and provided, further, that such Hazard Insurance Policies may provide for customary deductible amounts. With respect to: (a) The Borrower willa Manufactured Home securing an FHA/VA Contract, and will cause each of the Restricted Subsidiaries toif such Manufactured Home's location was, at all times maintain in full force and effect, with insurance companies that the Borrower believes (in the good-faith judgment of the management of the Borrower) are financially sound and responsible at the time the relevant coverage is placed or renewed, insurance in at least such amounts (after giving effect to any self-insurance which the Borrower believes (in the good-faith judgment of management origination of the Borrower) is reasonable and prudent in light of the size and nature of its business) and against at least such risks (and with such risk retentions) as are usually insured against in the same general area by companies engaged in businesses similar to those engaged by the Borrower and the Restricted Subsidiaries; and will furnish to the Administrative Agent for further delivery to the Lendersrelated FHA/VA Contract, upon written request from the Administrative Agent, information presented in reasonable detail as to the insurance so carried. The Collateral Agent, for the benefit of the Secured Parties, shall be the additional insured on any such liability insurance and the Collateral Agent, for the benefit of the Secured Parties, shall be the additional loss payee or additional mortgagee under any such casualty or property insurance, except in each case as the Collateral Agent and the Borrower may otherwise agree.
(b) If any buildings or improvements comprising of any Mortgaged Property are at any time located in an area identified by the Federal Emergency Management Agency (or any successor agency) as within a federally designated special flood hazard area with respect to which area, the Servicer shall also cause such flood insurance has been made available under the Flood Insurance Laws, then the Borrower shall, or shall cause the applicable Credit Parties to, solely to the extent required by Applicable Law, (i) maintain, or cause to be maintained, with which coverage shall be at least equal to the minimum amount specified in the preceding sentence or such lesser amount as may be available under the federal flood insurance program; and (b) any Contract that is not an FHA/VA Contract, the Company shall obtain (i) a financially sound and reputable insurer (determined statement from the Obligor's insurance agent that the Manufactured Home was, at the time such insurance is obtained of origination of the Contract, not in a federally designated special flood hazard area, or renewed)(ii) evidence that, at the time of origination, flood insurance was in an effect, which coverage was at least equal to the minimum amount specified in the preceding sentence or such lesser amount as may be available under the federal flood insurance program. Each Hazard Insurance Policy caused to be maintained by the Servicer shall contain a standard loss payee clause in favor of the Servicer and otherwise sufficient its successors and assigns. If any Obligor is in default in the payment of premiums on its Hazard Insurance Policy or Policies, the Servicer shall pay such premiums out of its own funds and may separately add such premium to comply the Obligor's obligation as provided by the Contract, but shall not add such premium to the remaining principal balance of the Contract.
b. The Servicer may, in lieu of causing individual Hazard Insurance Policies to be maintained with all applicable rules and regulations promulgated respect to each Manufactured Home pursuant to subsection (a) of this Section 5.09, and shall, to the Flood extent that the related Contract does not require the Obligor to maintain a Hazard Insurance Laws Policy with respect to the related Manufactured Home, maintain one or more blanket insurance policies covering losses on the Obligor's interest in the Contracts resulting from the absence or insufficiency of individual Hazard Insurance Policies. Any such blanket policy shall be substantially in the form and in the amount carried by the Servicer as of the date of this Agreement. The Servicer shall pay the premium for such policy on the basis described therein and shall deposit into the Certificate Account from its own funds any deductible amount with respect to claims under such blanket insurance policy relating to the Contracts. The Servicer shall not, however, be required to deposit any deductible amount with respect to claims under individual Hazard Insurance Policies maintained pursuant to subsection (a) of this Section. If the insurer under such blanket insurance policy shall cease to be acceptable to the Servicer, the Servicer shall exercise its best reasonable efforts to obtain from another insurer a replacement policy comparable to such policy.
c. With respect to each Manufactured Home that has been repossessed in connection with a defaulted Contract, the Servicer shall either (i) maintain one or more Hazard Insurance Policies thereon or (ii) self-insure such Manufactured Homes and deposit into the Certificate Account from its own funds any losses caused by damage to such Manufactured Home that would have been covered by a Hazard Insurance Policy.
d. The Servicer shall keep in force throughout the term of this Agreement (i) a policy or policies of insurance covering errors and omissions for failure to maintain insurance as required by this Agreement and (ii) deliver to the Collateral Agent evidence a fidelity bond. Such policy or policies and such fidelity bond shall be in such form and amount as is generally customary among Persons which service a portfolio of such compliance in form reasonably manufactured housing installment sales contracts and installment loan agreements having an aggregate principal amount of $100,000,000 or more and which are generally regarded as servicers acceptable to the Collateral Agentinstitutional investors.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Green Tree Financial Corp), Pooling and Servicing Agreement (Green Tree Financial Corp)
Maintenance of Insurance. (a) The Borrower will, and will cause each of the Restricted Subsidiaries to, at all times maintain in full force and effect, with insurance companies that the Borrower believes (in the good-faith judgment of the management of the Borrower) are financially sound and responsible at the time the relevant coverage is placed or renewed, insurance in at least such amounts (after giving effect to any self-insurance which the Borrower believes (in the good-faith judgment of management of the Borrower) is reasonable and prudent in light of the size and nature of its business) and against at least such risks (and with such risk retentions) as are usually insured against in the same general area by companies engaged in businesses similar to those engaged by the Borrower and the Restricted Subsidiaries; and will furnish to the Administrative Agent for further delivery to the Lenders, upon written request from the Administrative Agent, information presented in reasonable detail as to the insurance so carried. The Collateral Agent, for the benefit of the Secured Parties, shall be the additional insured on any such liability insurance and the Collateral Agent, for the benefit of the Secured Parties, shall be the additional loss payee or additional mortgagee under any such casualty or property insurance, except in each case as the Collateral Agent and the Borrower may otherwise agree.
(b) If any buildings or improvements comprising of any Mortgaged Property are at any time located in an area identified by the Federal Emergency Management Agency (or any successor agency) as a special flood hazard area with respect to which flood insurance has been made available under the Flood Insurance Laws, then the Borrower shall, or shall cause the applicable Credit Parties to, solely to the extent required by Applicable Law, (i) maintain, Maintain or cause to be maintained, with a financially sound and reputable insurer insurers rated not less than A-, Class VII by Best’s, commercial general liability insurance, professional liability insurance, product liability insurance, business interruption insurance, pollution liability insurance and all risk property insurance, in each case with respect to liabilities, losses or damage in respect of the assets, properties and businesses of each Loan Party as may customarily be carried or maintained under similar circumstances by Persons of established reputation engaged in similar businesses, in each case in such amounts (determined at giving effect to self-insurance), with such deductibles, covering such risks, and in amounts and otherwise on such terms and conditions as shall be customary for such Persons (including perils of flood, quake and/or windstorm, as applicable) and reasonably acceptable to the time such insurance Administrative Agent. Without limiting the generality of the foregoing, if the Property or any part thereof is obtained identified by the Secretary of Housing and Urban Development as being situated in an area now or renewedsubsequently designated as having special flood hazards (including, without limitation, those areas designated as Zone A or Zone V), flood insurance in compliance with applicable flood insurance Laws and in an amount and otherwise sufficient to comply with all applicable rules and regulations promulgated pursuant equal to the Flood Insurance Laws and lesser of: (x) the minimum amount required, under the terms of coverage, to compensate for any damage or loss on a replacement basis (or the unpaid balance of the Obligations if replacement cost coverage is not available for the type of building insured); or (y) such lesser amount as may be required by Administrative Agent; provided, such amount not to be less than the amount required under any applicable flood insurance Laws. Each such policy of insurance shall (i) name Administrative Agent, on behalf of each Lender as an additional insured by endorsement thereunder as its interests may appear, (ii) deliver in the case of each property insurance policy, contain a lender’s loss payable clause or endorsement, satisfactory in form and substance to Administrative Agent, that names Administrative Agent, on behalf of Lenders, as the lender’s loss payee thereunder and (iii) provide for at least thirty (30) days’ prior written notice to Administrative Agent of any modification or cancellation of such policy. The Administrative Agent and Secured Parties have no responsibility for premiums, warranties or representations to underwriters. The Loan Parties or their insurance broker shall provide a certificate of insurance upon each policy renewal or replacement. In the event Borrowers fail within ten (10) Business Days after Administrative Agent’s request to provide Administrative Agent with evidence of the insurance coverage required by this Agreement, Administrative Agent may purchase insurance at Borrowers’ expense to protect the Administrative Agent’s interests in the Collateral. This insurance may, but need not, protect Borrowers’ interests. The coverage purchased by Administrative Agent may, but need not, pay any claim made by any Loan Party or any claim that is made against any Loan Party in connection with the Collateral. Loan Parties may later cancel any insurance purchased by Administrative Agent, but only after providing Administrative Agent with evidence that Loan Parties have obtained insurance as required by this Agreement. If Administrative Agent purchases insurance for the Collateral, to the Collateral fullest extent provided by law, Loan Parties will be responsible for the costs of that insurance, including interest and other charges imposed by Administrative Agent evidence in connection with the placement of such compliance in form reasonably acceptable the insurance, until the effective date of the cancellation or expiration of the insurance. The costs of the insurance may be added to the Collateral AgentObligations. The costs of the insurance may be more than the cost of insurance Loan Parties are able to obtain on their own.
Appears in 2 contracts
Samples: Credit and Guaranty Agreement (AdaptHealth Corp.), Credit and Guaranty Agreement (AdaptHealth Corp.)
Maintenance of Insurance. (a) The Borrower will, and will cause each of the Restricted Subsidiaries to, at all times maintain in full force and effect, Maintain with insurance companies that the Borrower Holdings believes (in the good-good faith judgment of the management of the Borrowerits management) are financially sound and responsible reputable at the time the relevant coverage is placed or renewed, insurance with respect to its properties and business against loss or damage of the kinds customarily insured against by Persons engaged in at least the same or similar business, of such types and in such amounts (after giving effect to any self-insurance which the Borrower believes (in the good-faith judgment of management of the Borrower) is reasonable and prudent in light of the size and nature of its business) and against at least such risks (and with such risk retentions) as are usually insured against customary for similarly situated Persons engaged in the same general area by companies engaged in or similar businesses similar to those engaged by the Borrower as Holdings and the Restricted Subsidiaries; and will furnish to the Administrative Agent for further delivery to the Lenders, upon written request from ) as are customarily carried under similar circumstances by such other Persons. Each such policy of insurance shall as appropriate (i) name the Administrative Agent, information presented in reasonable detail as to the insurance so carried. The Collateral Agent, for the benefit on behalf of the Secured Parties, shall be the as an additional insured on any such liability thereunder as its interest may appear or (ii) in the case of each casualty insurance and policy, contain a lenders’ loss payable clause or endorsement that names the Collateral Administrative Agent, for the benefit on behalf of the Secured Parties, shall be the additional as lenders’ loss payee thereunder. If a building or additional mortgagee under any such casualty or property insurance, except in each case as the Collateral Agent and the Borrower may otherwise agree.
(b) If any buildings or improvements comprising of mobile home on any Mortgaged Property are located in the United States is at any time located in an area identified by the Federal Emergency Management Agency (or any successor agency) as a special flood hazard area with respect to which flood insurance has been made available under the National Flood Insurance Act of 1968 (as now or hereafter in effect or successor act thereto), then, to the extent required by applicable Flood Insurance Laws, then the Borrower Holdings shall, or shall cause the applicable Credit Parties each Loan Party to, solely to the extent required by Applicable Law, (i) maintain, or cause to be maintained, with a financially sound and reputable insurer (determined at the time such insurance is obtained or renewed)insurer, flood insurance in an amount reasonably satisfactory to the Administrative Agent and otherwise sufficient to comply with all applicable rules and regulations promulgated pursuant to the Flood Insurance Laws and (ii) deliver to the Collateral Administrative Agent evidence of such compliance in form and substance reasonably acceptable to the Collateral Administrative Agent.
Appears in 2 contracts
Samples: Term Loan Credit Agreement (BRP Inc.), Term Loan Credit Agreement (BRP Inc.)
Maintenance of Insurance. (ab) The Borrower will. Except if the failure to do so would not reasonably be expected to have a Material Adverse Effect, and will cause each of the Restricted Subsidiaries to, at all times maintain in full force and effect, with insurance companies that the Borrower believes (in the good-good faith judgment of the management of the Borrower) are financially sound and responsible at the time the relevant coverage is placed or renewed, insurance in at least such amounts (after giving effect to any self-insurance which the Borrower believes (in the good-good faith judgment of management of the Borrower) is reasonable and prudent in light of the size and nature of its business) and against at least such risks (and with such risk retentions) as are usually insured against in the same general area by companies engaged in businesses similar to those engaged by the Borrower and the Restricted Subsidiaries; and will furnish . Subject to Section 6.17, the Administrative Agent for further delivery to Borrower shall ensure that at all times the Lenders, upon written request from the Administrative Agent, information presented in reasonable detail as to the insurance so carried. The Collateral Agent, for the benefit of the Secured Parties, shall be the named as an additional insured on any such with respect to liability insurance policies (other than directors and officers policies and workers compensation) maintained by the Borrower and each Subsidiary Guarantor and the Collateral Agent, for the benefit of the Secured Parties, shall be the additional named as loss payee and mortgagee with respect to the property insurance maintained by the Borrower and each Subsidiary Guarantor; provided that, unless an Event of Default shall have occurred and be continuing, (A) all proceeds from insurance policies shall be paid to the Borrower or additional mortgagee under any such casualty or property insurancethe applicable Subsidiary Guarantor, except in each case as (B) to the extent the Collateral Agent and receives any proceeds, the Collateral Agent shall turn over to the Borrower may otherwise agree.
any amounts received by it as an additional insured or loss payee under any property insurance maintained by the Borrower and its Subsidiaries, and (bC) the Collateral Agent agrees that the Borrower and/or its applicable Subsidiaries shall have the sole right to adjust or settle any claims under such insurance. If any buildings or improvements comprising portion of any Mortgaged Property are is at any time located in an area identified by the Federal Emergency Management Agency (or any successor agency) as a special flood hazard area with respect to which flood insurance has been made available is required under the Flood Insurance LawsLaws (as in effect on the Closing Date or thereafter or any amendment or successor act thereto) or otherwise being designated as a “special flood hazard area or part of a 100 year flood zone”, in an amount equal to 100% of the full replacement cost of the improvements, then the Borrower shall, or shall cause the applicable Credit Parties each Loan Party to, solely to the extent required by Applicable Law, (i) maintain, or cause to be maintained, with a financially sound and reputable insurer (determined at the time such insurance is obtained or renewed)insurer, flood insurance in an amount and otherwise sufficient to comply with all applicable rules and regulations promulgated pursuant to the Flood Insurance Laws Laws, (ii) name the Collateral Agent as loss payee and mortgagee under such flood insurance policy and (iiiii) deliver to the Collateral Agent evidence of such compliance in form and substance reasonably acceptable to the Collateral Agent, including, if requested by the Administrative Agent deliver to the Administrative Agent legal opinions relating to the matters described above, which opinions shall be in form and substance, and from counsel, reasonably satisfactory to the Administrative Agent.
Appears in 2 contracts
Samples: Credit Agreement (Allison Transmission Holdings Inc), Credit Agreement (Allison Transmission Holdings Inc)
Maintenance of Insurance. (a1) The Borrower will, and will cause each of the Restricted Subsidiaries to, at all times maintain in full force and effect, Maintain with insurance companies that the Borrower believes (in the good-good faith judgment of the management of the Borrowerits management) are financially sound and responsible reputable at the time the relevant coverage is placed or renewedrenewed or with a Captive Insurance Subsidiary, insurance with respect to the Borrower’s and the Subsidiaries’ properties and business against loss or damage of the kinds customarily insured against by Persons engaged in at least the same or similar business, of such types and in such amounts (after giving effect to any self-insurance which reasonable and customary for similarly situated Persons engaged in the same or similar businesses as the Borrower believes (in the good-faith judgment of management of the Borrower) is reasonable and prudent in light of the size and nature of its business) and against at least such risks (and with such risk retentionsSubsidiaries) as are usually insured against in the same general area customarily carried under similar circumstances by companies engaged in businesses similar to those engaged by the Borrower and the Restricted Subsidiaries; such other Persons, and will furnish to the Administrative Agent for further delivery to the Lenders, upon written request from the Administrative Agent, information presented in reasonable detail as to the insurance so carried; provided that notwithstanding the foregoing, in no event will the Borrower or any Subsidiary be required to obtain or maintain insurance that is more restrictive than its normal course of practice. The Subject to Section 6.13(2), each such policy of insurance will, as appropriate, (i) name the Collateral Agent, for the benefit on behalf of the Secured Parties, shall be the as an additional insured on any such liability thereunder as its interests may appear or (ii) in the case of each casualty insurance and policy, contain an additional loss payable clause or endorsement that names the Collateral Agent, for the benefit on behalf of the Secured Parties, shall be as the additional loss payee or additional mortgagee under any such casualty or property insurance, except in each case as the Collateral Agent and the Borrower may otherwise agreethereunder.
(b2) If any buildings or improvements comprising improved portion of any Mortgaged Property are is at any time located in an area identified by the Federal Emergency Management Agency (or any successor agency) as a special flood hazard area with respect to which flood insurance has been made available under the Flood Insurance Laws, then the Borrower shallwill, or shall will cause the applicable Credit Parties to, solely each Loan Party to the extent required by Applicable Law, (ia) maintain, or cause to be maintained, with a financially sound and reputable insurer (determined at the time such insurance is obtained or renewed), flood insurance in an amount and otherwise sufficient to comply with all applicable rules and regulations promulgated pursuant to the Flood Insurance Laws and (iib) deliver to the Collateral Agent evidence of such compliance in form and substance reasonably acceptable to the Collateral Agent; provided that to the extent that the requirements of this Section 6.07 are not satisfied on the Closing Date, the Borrower may satisfy such requirements in accordance with the Collateral and Guarantee Requirement and Section 6.11(2)(b) but in no event later than ten (10) days prior to the recording of the Mortgages and the delivery of the other real estate items required to be delivered pursuant to the Collateral and Guarantee Requirement and Section 6.11(2)(b).
Appears in 2 contracts
Samples: Credit Agreement (Superior Industries International Inc), Credit Agreement (Superior Industries International Inc)
Maintenance of Insurance. (a) The Holdings and the Parent Borrower will, and will cause each of the Material Subsidiary that is a Restricted Subsidiaries Subsidiary to, at all times maintain in full force and effect, pursuant to self-insurance arrangements or with insurance companies that the Parent Borrower believes (in the good-good faith judgment of the management of the Parent Borrower) are financially sound and responsible at the time the relevant coverage is placed or renewed, insurance in at least such amounts (after giving effect to any self-insurance which the Parent Borrower believes (in the good-good faith judgment of management of the Parent Borrower) is reasonable and prudent in light of the size and nature of its businessbusiness and the availability of insurance on a cost-effective basis) and against at least such risks (and with such risk retentions) as are usually insured against the Parent Borrower believes (in the same general area by companies engaged good faith judgment of management of the Parent Borrower) is reasonable and prudent in businesses similar to those engaged by light of the Borrower size and nature of their business and the Restricted Subsidiariesavailability of insurance on a cost-effective basis; and will furnish to the Administrative Agent for further delivery to the LendersAgent, upon promptly following written request from the Administrative Agent, information presented in reasonable detail as to the insurance so carried. The Collateral Agent, for the benefit of the Secured Parties, shall be the additional insured on any such liability insurance and the Collateral Agent, for the benefit of the Secured Parties, shall be the additional loss payee or additional mortgagee under any such casualty or property insurance, except in each case as the Collateral Agent and the Borrower may otherwise agree.
(b) If if (x) any buildings or improvements comprising improved portion of any Mortgaged Property are is at any time located in an area identified by the Federal Emergency Management Agency (or any successor agency) as a special flood hazard area with respect to which flood insurance has been made available under the National Flood Insurance Act of 1968 (as now or hereafter in effect or successor act thereto) and (y) the Collateral Agent shall have delivered a notice to the Parent Borrower stating that such Mortgaged Property is located in such special flood hazard area with respect to which such flood insurance has been made available, then the applicable Credit Party shall (i) obtain flood insurance in such total amount and in such form as the Administrative Agent or the Lenders may from time to time reasonably require, and otherwise comply with the Flood Insurance Laws, then the Borrower shall, or shall cause the applicable Credit Parties to, solely to the extent required by Applicable Law, (i) maintain, or cause to be maintained, with a financially sound and reputable insurer (determined at the time such insurance is obtained or renewed), flood insurance in an amount and otherwise sufficient to comply with all applicable rules and regulations promulgated pursuant to the Flood Insurance Laws and (ii) deliver to the Collateral Administrative Agent evidence of such compliance in form and substance reasonably acceptable to the Administrative Agent, including, without limitation, a copy of the flood insurance policy and a declaration page relating to the insurance policies required by this Section 9.3 which shall (1) identify the addresses of each property located in a special flood hazard area, (2) indicate the applicable flood zone designation, the flood insurance coverage and the deductible relating thereto, (3) provide that the insurer will give the Administrative Agent 45 days written notice of cancellation or non-renewal and shall include evidence of annual renewals of such insurance and (4) be otherwise in form and substance satisfactory to the Administrative Agent and each Revolving Credit Lender and (c) the Credit Parties shall, subject to Schedule 9.14, in the case of each #96533218v9 liability policy, cause such policy to contain an additional insured clause or endorsement that names the Collateral Agent for the benefit of the Secured Parties as additional insured thereunder and, in the case of each casualty insurance policy, such policy to contain a loss payable clause or endorsement that names the Collateral Agent, for the benefit of the Secured Parties as the loss payee thereunder.
Appears in 1 contract
Maintenance of Insurance. (a) The Borrower will, Maintain with financially sound and will cause each of the Restricted Subsidiaries to, at all times maintain in full force and effect, with reputable insurance companies that the Borrower believes (in the good-faith judgment of the management not Affiliates of the Borrower) are financially sound and responsible at the time the relevant coverage is placed or renewed, insurance with respect to its properties and business against loss or damage of the kinds customarily insured against by Persons engaged in at least the same or similar business, of such types and in such amounts (after giving effect to any self-insurance which the Borrower believes (in the good-faith judgment of management of the Borrower) is reasonable and prudent in light of the size and nature of its business) and against at least such risks (and with such risk retentionsdeductibles) as are usually insured against in the same general area customarily carried under similar circumstances by companies engaged in businesses similar to those engaged by the Borrower and the Restricted Subsidiaries; and will furnish to the Administrative Agent for further delivery to the Lenders, upon written request from the Administrative Agent, information presented in reasonable detail as to the insurance so carried. The Collateral Agent, for the benefit of the Secured Parties, shall be the additional insured on any such liability insurance and the Collateral Agent, for the benefit of the Secured Parties, shall be the additional loss payee or additional mortgagee under any such casualty or property insurance, except in each case as the Collateral Agent and the Borrower may otherwise agreeother Persons.
(b) If any buildings or improvements comprising of any Mortgaged Property are Without limiting the foregoing, if at any time an improvement on any real property location that is owned by a Loan Party and is subject to a Mortgage is located in an area identified a designated special “flood hazard area” in any Flood Insurance Rate Map published by the Federal Emergency Management Agency (or any successor agency), (i) maintain flood insurance from providers, on terms and in such amounts as is required by the Flood Disaster Protection Act of 1973, as it may be amended from time to time, or as otherwise required by any Lender in order to comply with applicable Laws and the policies of each such Lender regarding flood insurance and otherwise comply with the National Flood Insurance Program as set forth in the Flood Disaster Protection Act of 1973, as it may be amended from time to time, and (ii) provide evidence of such coverage as the Administrative Agent (on behalf of itself for the Lenders) may reasonably request, including, without limitation, (x) copies of any such flood insurance policies naming the Administrative Agent as loss payee, (y) the Borrower’s application for a special flood hazard area with respect to which insurance policy plus proof of premium payment and (z) a declaration page confirming that flood insurance has been made available under issued.
(c) Cause the Flood Insurance LawsAdministrative Agent and its successors and/or assigns to be named as lender’s loss payee or mortgagee as its interest may appear, then and/or additional insured with respect to any such insurance providing liability coverage or coverage in respect of any Collateral, and cause each provider of any such insurance to agree, by endorsement upon the Borrower shallpolicy or policies issued by it or by independent instruments furnished to the Administrative Agent, that it will give the Administrative Agent thirty days (or such lesser amount as the Administrative Agent may agree) prior written notice before any such policy or policies shall be altered or canceled.
(d) Promptly notify the Administrative Agent of any real property location that is owned by a Loan Party and is subject to a Mortgage that is, or shall cause the applicable Credit Parties tobecomes, solely to the extent required by Applicable Law, (i) maintain, or cause to be maintained, with a financially sound and reputable insurer (determined at the time such insurance is obtained or renewed), flood insurance in an amount and otherwise sufficient to comply with all applicable rules and regulations promulgated pursuant to the Flood Insurance Laws and (ii) deliver to the Collateral Agent evidence of such compliance in form reasonably acceptable to the Collateral AgentHazard Property.
Appears in 1 contract
Samples: Credit Agreement (Fidelity National Financial, Inc.)
Maintenance of Insurance. (a) The Borrower will, and will cause each of the Restricted Subsidiaries to, at all times maintain in full force and effect, with insurance companies that the Borrower believes (in the good-faith judgment of the management of the Borrower) are financially sound and responsible at the time the relevant coverage is placed or renewed, insurance in at least such amounts (after giving effect to any self-insurance which the Borrower believes (in the good-faith judgment of management of the Borrower) is reasonable and prudent in light of the size and nature of its business) and against at least such risks (and with such risk retentions) as are usually insured against in the same general area by companies engaged in businesses similar to those engaged by the Borrower and the Restricted Subsidiaries; and will furnish Subject to the Administrative Agent for further delivery to the Lenders, upon written request from the Administrative Agent, information presented in reasonable detail as to the insurance so carried. The Collateral Agent, for the benefit requirements of the Secured Parties, shall be the additional insured on any such liability insurance and the Collateral Agent, for the benefit of the Secured Parties, shall be the additional loss payee or additional mortgagee under any such casualty or property insurance, except in each case as the Collateral Agent and the Borrower may otherwise agree.
(bSection 6.07(b) If any buildings or improvements comprising of any Mortgaged Property are at any time located in an area identified by the Federal Emergency Management Agency (or any successor agency) as a special flood hazard area with respect to which flood insurance has been made available under the Flood Insurance LawsCollateral, then the Borrower shall, or shall cause the applicable Credit Parties to, solely to the extent required by Applicable Law, (i) maintain, maintain or cause to be maintained, with a financially sound and reputable insurer insurance companies not Affiliates of the Borrower, insurance with respect to properties of the Consolidated Parties and businesses against loss or damage of the kinds customarily insured against by Persons engaged in the same or similar business and owning similar properties in localities where the Borrower or the applicable Consolidated Party operates, of such types and covering such risks, and in such amounts and with such deductibles, as are customarily carried under similar circumstances by such other Persons. Upon the reasonable request of the Administrative Agent from time to time the Borrower shall furnish or cause to be furnished to the Administrative Agent certificates of insurance evidencing the insurance carried on the properties of the Consolidated Parties.
(b) With respect to each Real Property Asset that constitutes Collateral, the Borrower shall, and shall cause each Subsidiary to, or shall cause the lessee or mortgagor with respect to such Real Property Asset to, maintain: (i) property insurance with respect to all Improvements and other insurable components of such Real Property Asset (excluding anything not owned by the applicable Direct Owner), against loss or damage by fire, lightning, windstorm, explosion, hail, tornado and such additional hazards as are presently included in “Special Form” (also known as “all-risk”) coverage and against any and all acts of terrorism and such other insurable hazards as the Administrative Agent may require, in an amount not less than 100% of the full replacement cost, including the cost of debris removal, without deduction for depreciation and sufficient to prevent any Consolidated Party and the Administrative Agent from becoming a coinsurer, such insurance to be in “builder’s risk” completed value (non reporting) form during and with respect to any construction on such Real Property Asset; (ii) if and to the extent any portion of the Improvements on such Real Property Asset is, under the FDPA, in a Special Flood Hazard Area, within a Flood Zone designated A or V in a participating community, a flood insurance policy in an amount at least equal to the amount (as determined by the Administrative Agent in good faith) sufficient to meet the requirements of applicable Law and the FDPA, as such requirements may from time to time be in effect; (iii) general liability insurance, on an “occurrence” basis, against claims for “personal injury” liability, including bodily injury, death or property damage liability, for the benefit of the applicable Direct Owner as named insured and the Administrative Agent as additional insured; (iv) statutory workers’ compensation insurance with respect to any work on or about such Real Property Asset (including employer’s liability insurance, if required by the Administrative Agent), covering all employees of each Subsidiary Guarantor (if any); (v) business interruption for Landlord’s rental income in an amount not less than the amount of gross rents payable in a 12 month period and which shall provide an extended period of indemnity endorsement for 360 days on an actual loss sustained basis; and (vi) such other insurance on such Real Property Asset and endorsements as may from time to time be required by the Administrative Agent (including automobile liability insurance, boiler and machinery insurance, earthquake insurance, wind insurance, sinkhole coverage, and/or permit to occupy endorsement) and against other insurable hazards or casualties which at the time are commonly insured against in the case of premises similarly situated, due regard being given to the height, type, construction, location, use and occupancy of buildings and improvements. All insurance policies shall be issued and maintained by insurers, in amounts, with deductibles, limits and retentions, and in forms reasonably satisfactory to the Administrative Agent, and shall require not less than thirty (30) days’ prior notice to the Administrative Agent of termination, lapse or cancellation of such insurance. All insurance companies must be licensed to do business in the state in which such Real Property Asset is located and must have an A.M. Best Company financial and performance ratings of A-:IX or better. All such insurance is obtained policies, except for general liability insurance, shall provide that each such policy shall be primary without right of contribution from any other insurance that may be carried by the Borrower, any of its Subsidiaries or renewed)the Administrative Agent and that all of the provisions thereof, flood insurance except the limits of liability, shall operate in an amount and otherwise sufficient to comply with all applicable rules and regulations promulgated pursuant to the Flood Insurance Laws and (ii) deliver to the Collateral Agent evidence of such compliance in form reasonably acceptable to the Collateral Agent.same manner as if there were a separate policy covering each
Appears in 1 contract
Maintenance of Insurance. (a) The Borrower will, and will cause each of the Restricted Subsidiaries to, at all times maintain in full force and effect, with insurance companies that the Borrower believes (in the good-faith judgment of the management of the Borrower) are financially sound and responsible at the time the relevant coverage is placed or renewed, insurance in at least such amounts (after giving effect to any self-insurance which the Borrower believes (in the good-faith judgment of management of the Borrower) is reasonable and prudent in light of the size and nature of its business) and against at least such risks (and with such risk retentions) as are usually insured against in the same general area by companies engaged in businesses similar to those engaged by the Borrower and the Restricted Subsidiaries; and will furnish to the Administrative Agent for further delivery to the Lenders, upon written request from the Administrative Agent, information presented in reasonable detail as to the insurance so carried. The Collateral Agent, for the benefit of the Secured Parties, shall be the additional insured on any such liability insurance and the Collateral Agent, for the benefit of the Secured Parties, shall be the additional loss payee or additional mortgagee under any such casualty or property insurance, except in each case as the Collateral Agent and the Borrower may otherwise agree.
(b) If any buildings or improvements comprising of any Mortgaged Property are at any time located in an area identified by the Federal Emergency Management Agency (or any successor agency) as a special flood hazard area with respect to which flood insurance has been made available under the Flood Insurance Laws, then the Borrower shall, or shall cause the applicable Credit Parties to, solely to the extent required by Applicable Law, (i) maintain, or cause to be maintained, with a financially sound and reputable insurer (determined at the time such insurance is obtained or renewed), flood insurance in an amount and otherwise sufficient to comply with all applicable rules and regulations promulgated pursuant to the Flood Insurance Laws and (ii) deliver to the Collateral Agent evidence of such compliance in form reasonably acceptable to the Collateral Agent.
(c) It is understood and agreed that, prior to the First Lien Termination Date, to the extent that the First Lien Administrative Agent is satisfied with or agrees to any deliveries or documents required to be provided under Section 9.3(a) or Section 9.3(b), the Administrative Agent shall be deemed to be satisfied with such deliveries or documents.
Appears in 1 contract
Samples: Second Lien Credit Agreement (Grocery Outlet Holding Corp.)
Maintenance of Insurance. (a) The Borrower willMaintain with financially sound and reputable insurers, insurance reasonably acceptable to Lender with respect to its properties and business against such casualties and contingencies as shall be in accordance with general practices of businesses engaged in similar activities in similar geographic areas. Such insurance shall be in such minimum amounts, but no case less than the Advances made by Xxxxxx, that the Borrowers will not be deemed a co-insurer under applicable insurance laws, regulations, and will cause each policies and otherwise shall be in such amounts, contain such terms, be in such forms and be for such periods as may be reasonably satisfactory to the Lender. In addition, all such insurance shall be payable to the Lender under a lender loss payable endorsement. Without limiting the foregoing, the Borrowers will:
(i) Keep all of its physical property insured with casualty or physical hazard insurance on an “all risks” basis, with broad form flood coverage and earthquake coverage and electronic data processing coverage, with a full replacement cost endorsement and an “agreed amount” clause in an amount equal to 100% of the Restricted Subsidiaries tofull replacement cost of such property;
(ii) Maintain all such workers' compensation or similar insurance as may be required by law; and
(iii) Maintain, at all times maintain in full force amounts and effectwith deductibles equal to those generally maintained by businesses engaged in similar activities in similar geographic areas, with general public liability insurance companies that against claims of bodily injury, death, or property damage occurring, on, in or about the Borrower believes (in the good-faith judgment of the management properties of the Borrower) are financially sound and responsible at the time the relevant coverage is placed or renewed, insurance in at least such amounts (after giving effect to any self-insurance which the Borrower believes (in the good-faith judgment of management of the Borrower) is reasonable and prudent in light of the size and nature of its business) and against at least such risks (and with such risk retentions) as are usually insured against in the same general area by companies engaged in businesses similar to those engaged by the Borrower and the Restricted Subsidiaries; business interruption insurance; and will furnish to the Administrative Agent for further delivery to the Lenders, upon written request from the Administrative Agent, information presented in reasonable detail as to the insurance so carried. The Collateral Agent, for the benefit of the Secured Parties, shall be the additional insured on any such product liability insurance and the Collateral Agent, for the benefit of the Secured Parties, shall be the additional loss payee or additional mortgagee under any such casualty or property insurance, except in each case as the Collateral Agent and the Borrower may otherwise agree.
(b) If any buildings or improvements comprising of any Mortgaged Property are at any time located in an area identified by In the Federal Emergency Management Agency (or any successor agency) as a special flood hazard area with respect event that Borrower fails to which flood insurance has been made available under the Flood Insurance Lawsmaintain such insurance, then the Borrower shall, or shall cause the applicable Credit Parties to, solely to the extent required by Applicable Law, (i) maintain, or cause to be maintained, with a financially sound and reputable insurer (determined at the time Lender may obtain such insurance is obtained at Borrower’s expense, and, after an Event of Default, to adjust or renewed), flood insurance in an amount and otherwise sufficient to comply with all applicable rules and regulations promulgated settle any claim or other matter under or arising pursuant to the Flood Insurance Laws and (ii) deliver such insurance or to the Collateral Agent evidence of amend or cancel such compliance in form reasonably acceptable to the Collateral Agentinsurance.
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Maintenance of Insurance. (a) The Borrower will, and will cause each of the Restricted Subsidiaries to, at all times maintain in full force and effect, with insurance companies that the Borrower believes (in the good-good faith judgment of the management of the Borrower) are financially sound and responsible at the time the relevant coverage is placed or renewed, insurance in at least such amounts (after giving effect to any self-insurance which the Borrower believes (in the good-good faith judgment of management of the Borrower) is reasonable and prudent in light of the size and nature of its business) and against at least such risks (and with such risk retentions) as are usually insured against in the same general area by companies engaged in businesses similar to those engaged by the Borrower and the Restricted Subsidiaries; and will furnish to the Administrative Agent for further delivery to the Lenders, upon written request from the Administrative Agent, information presented in reasonable detail as to the insurance so carried. The Collateral Agent, for the benefit of the Secured Parties, Parties shall be the additional insured on any such liability insurance and the Collateral Agent, for the benefit of the Secured Parties, shall be the additional loss payee or additional mortgagee under any such casualty or property insurance, except in each case as the Collateral Agent and the Borrower may otherwise agree.
(b) . If any buildings or improvements comprising portion of any Mortgaged Property are at any time is located in an area identified by the Federal Emergency Management Agency (or any successor agency) as a special flood hazard area with 135 LPL – Conformed A&R Credit Agreement respect to which flood insurance has been made available under the Flood Insurance Laws, then the Borrower shall, or shall cause the applicable Credit Parties to, solely Party to the extent required by Applicable Law, (i) maintain, or cause to be maintained, with a financially sound and reputable insurer (determined at the time such insurance is obtained or renewedobtained), flood insurance in an amount and otherwise sufficient to comply with all applicable rules and regulations promulgated pursuant to the Flood Insurance Laws and (ii) deliver to the Collateral Agent, for further posting by the Collateral Agent to the Lenders on the Platform, evidence of such compliance in form reasonably acceptable to the Collateral Agentcompliance.
Appears in 1 contract
Samples: Amendment to Credit Agreement (LPL Financial Holdings Inc.)
Maintenance of Insurance. (ai) The Borrower will, and will cause each of the Restricted Subsidiaries Subsidiary to, at all times maintain in full force and effect, pursuant to self-insurance arrangements or with insurance companies that the Borrower believes (in the good-good faith judgment of the management of the Borrower) are financially sound and responsible at the time the relevant coverage is placed or renewed, insurance in at least such amounts (after giving effect to any self-insurance which the Borrower believes (in the good-good faith judgment of management of the Borrower) is reasonable and prudent in light of the size and nature of its businessbusiness and the availability of insurance on a cost-effective basis) and against at least such risks (and with such risk retentions) as are usually insured against the Borrower believes (in the same general area by companies engaged good faith judgment of management of the Borrower) is reasonable and prudent in businesses similar to those engaged by light of the Borrower size and the Restricted Subsidiaries; nature of its business and will furnish to the Administrative Agent for further delivery to the LendersAgent, upon promptly following written request from the Administrative Agent, information presented in reasonable detail as to the insurance so carried. The Collateral Agent, for the benefit of the Secured Parties, shall be the additional insured on any such liability insurance carried and the Collateral Agent, for the benefit of the Secured Parties, shall be the additional loss payee or additional mortgagee under any such casualty or property insurance, except in each case as the Collateral Agent and the Borrower may otherwise agree.
(bii) If any buildings or improvements comprising of any Mortgaged Property are at any time located in an area identified by the Federal Emergency Management Agency (or any successor agency) as a special flood hazard area with respect to which any improved Real Estate encumbered by a Mortgage that is located in a Special Flood Hazard Area, the Borrower will obtain flood insurance has been made available under the Flood Insurance Laws, then the Borrower shall, or shall cause the applicable Credit Parties to, solely to the extent required by Applicable Law, (i) maintain, or cause to be maintained, with from a financially sound and reputable insurer (determined at the time in such insurance is obtained or renewed), flood insurance in an total amount and otherwise sufficient to comply with all applicable rules and regulations promulgated pursuant to as required by the Flood Insurance Laws and that meets the requirements set forth by the Flood Insurance Laws and shall otherwise comply with the Flood Insurance Laws. Each such policy of property or casualty insurance shall (iix) deliver to name the Collateral Agent evidence Agent, on behalf of the Secured Parties, as an additional insured thereunder as its interests may appear and (y) in the case of each property or casualty insurance policy, contain a lender loss payable clause (unless such compliance in form reasonably acceptable designation is not permitted by the respective underwriter) or endorsement that names the Collateral Agent, on behalf of the Secured Parties, as the lender loss payee thereunder .
(b) The Borrower will use commercially reasonable efforts to cause each such endorsement, or an independent instrument furnished to the Collateral Agent, to provide that the insurance companies will give the Collateral Agent at least 30 days’ prior written notice before any such policy or policies of insurance shall be cancelled (or 10 days’ prior written notice in the case of cancellation for non-payment of any premium) and that no act or default of the Borrower or any other Person shall affect the right of the Agent to recover under such policy or policies of insurance in case of loss or damage.
Appears in 1 contract
Samples: Credit Agreement (Carbonite Inc)
Maintenance of Insurance. (a) The Borrower willExcept as otherwise provided in Section 5.10(b), and will the Servicer shall cause to be maintained with respect to each of the Restricted Subsidiaries toContract one or more Hazard Insurance Policies which provide, at all times maintain a minimum, the same coverage as a standard form fire and extended coverage insurance policy that is customary for manufactured housing, issued by a company authorized to issue such policies in full force the state in which the related Manufactured Home is located and effectin an amount which is not less than the maximum insurable value of such Manufactured Home or the principal balance due from the Obligor on the related Contract, with insurance companies whichever is less; provided, however, that the Borrower believes amount of coverage provided by each Hazard Insurance Policy shall be sufficient to avoid the application of any co-insurance clause contained therein; and provided, further, that such Hazard Insurance Policies may provide for customary deductible amounts. With respect to any Contract, the initial Servicer shall cause the Seller to obtain (in i) a statement from the good-faith judgment of Obligor’s insurance agent or through other information sources that the management of the Borrower) are financially sound and responsible Manufactured Home was, at the time of origination of the relevant Contract, not in a federally designated special flood hazard area, or (ii) evidence that, at the time of origination, flood insurance was in effect, which coverage is placed or renewed, insurance in was at least such amounts (after giving effect equal to any self-insurance which the Borrower believes (minimum amount specified in the good-faith judgment of management preceding sentence or such lesser amount as may be available under the federal flood insurance program. Each Hazard Insurance Policy caused to be maintained by the Servicer shall contain a standard loss payee clause in favor of the Borrower) initial Servicer and its successors and assigns. If any Obligor is reasonable in default in the payment of premiums on its Hazard Insurance Policy or Policies, the Servicer shall force place coverage and prudent in light pay such premiums out of its own funds and may separately add such premium to the Obligor’s obligation as provided by the Contract, but shall not add such premium to the remaining principal balance of the size Contract. If the Obligor does not reimburse the Servicer for payment of such premiums and nature the related Contract is liquidated after a default, the Servicer shall be reimbursed for its payment of its business) such premiums out of the related Liquidation Proceeds, and against at least if such risks (and with such risk retentions) as are usually insured against in the same general area by companies engaged in businesses similar to those engaged advance for insurance premiums is deemed by the Borrower and Servicer to be nonrecoverable in its reasonable opinion, the Restricted Subsidiaries; and will furnish to the Administrative Agent for further delivery to the Lenders, upon written request Servicer may reimburse itself from the Administrative Agent, information presented in reasonable detail as to the insurance so carried. The Collateral Agent, Collection Account for the benefit of the Secured Parties, shall be the additional insured on any such liability insurance and the Collateral Agent, for the benefit of the Secured Parties, shall be the additional loss payee or additional mortgagee under any such casualty or property insurance, except in each case as the Collateral Agent and the Borrower may otherwise agreeNonrecoverable Advance.
(b) If any buildings or improvements comprising The Servicer may, in lieu of any Mortgaged Property are at any time located in an area identified by the Federal Emergency Management Agency (or any successor agency) as a special flood hazard area causing individual Hazard Insurance Policies to be maintained with respect to which flood insurance has been made available under the Flood Insurance Lawseach Manufactured Home pursuant to Section 5.10(a), then the Borrower and shall, or shall cause the applicable Credit Parties to, solely to the extent that the related Contract does not require the Obligor to maintain a Hazard Insurance Policy with respect to the related Manufactured Home, maintain one or more blanket insurance policies covering losses on the Obligor’s interest in the Contracts resulting from the absence or insufficiency of individual Hazard Insurance Policies. Any such blanket policy shall be substantially in the form and in the amount carried by the Servicer as of the date of this Agreement. The Servicer shall pay the premium for such policy on the basis described therein and shall deposit into the Collection Account from its own funds any deductible amount with respect to claims under such blanket insurance policy relating to the Contracts. The Servicer shall not, however, be required by Applicable Lawto deposit any deductible amount with respect to claims under individual Hazard Insurance Policies maintained pursuant to Section 5.10(a). If the insurer under such blanket insurance policy shall cease to be acceptable to the Servicer, the Servicer shall exercise its best reasonable efforts to obtain from another insurer a replacement policy comparable to such policy.
(c) With respect to each Manufactured Home that has been repossessed in connection with a defaulted Contract, the Servicer shall either (i) maintain, maintain one or cause more Hazard Insurance Policies thereon or (ii) self-insure such Manufactured Homes and deposit into the Collection Account from its own funds any losses caused by damage to be maintained, with such Manufactured Home that would have been covered by a financially sound Hazard Insurance Policy.
(d) The Servicer shall keep in force throughout the term of this Agreement (i) a policy or policies of insurance covering errors and reputable insurer (determined at the time such omissions for failure to maintain insurance is obtained or renewed), flood insurance in an amount and otherwise sufficient to comply with all applicable rules and regulations promulgated pursuant to the Flood Insurance Laws as required by this Agreement and (ii) deliver to the Collateral Agent evidence a fidelity bond. Such policy or policies and such fidelity bond shall be in such form and amount as is generally customary among Persons which service a portfolio of such compliance in form reasonably manufactured housing installment sales contracts and installment loan agreements having an aggregate principal amount of $10,000,000 or more and which are generally regarded as servicers acceptable to the Collateral Agentinstitutional investors.
Appears in 1 contract
Samples: Mortgage Sale, Contribution and Servicing Agreement (Palm Harbor Homes Inc /Fl/)
Maintenance of Insurance. a. Except as otherwise provided in subsection (b) of this Section 5.09, the Servicer shall cause to be maintained with respect to each Contract one or more Hazard Insurance Policies which provide, at a minimum, the same coverage as a standard form fire and extended coverage insurance policy that is customary for manufactured housing, issued by a Company authorized to issue such policies in the state in which the related Manufactured Home is located and in an amount which is not less than the maximum insurable value of such Manufactured Home or the principal balance due from the Obligor on the related Contract, whichever is less; provided, however, that the amount of coverage provided by each Hazard Insurance Policy shall be sufficient to avoid the application of any co-insurance clause contained therein; and provided, further, that such Hazard Insurance Policies may provide for customary deductible amounts. With respect to: (a) The Borrower willa Manufactured Home securing an FHA/VA Contract, and will cause each of the Restricted Subsidiaries toif such Manufactured Home's location was, at all times maintain in full force and effect, with insurance companies that the Borrower believes (in the good-faith judgment of the management of the Borrower) are financially sound and responsible at the time the relevant coverage is placed or renewed, insurance in at least such amounts (after giving effect to any self-insurance which the Borrower believes (in the good-faith judgment of management origination of the Borrower) is reasonable and prudent in light of the size and nature of its business) and against at least such risks (and with such risk retentions) as are usually insured against in the same general area by companies engaged in businesses similar to those engaged by the Borrower and the Restricted Subsidiaries; and will furnish to the Administrative Agent for further delivery to the Lendersrelated FHA/VA Contract, upon written request from the Administrative Agent, information presented in reasonable detail as to the insurance so carried. The Collateral Agent, for the benefit of the Secured Parties, shall be the additional insured on any such liability insurance and the Collateral Agent, for the benefit of the Secured Parties, shall be the additional loss payee or additional mortgagee under any such casualty or property insurance, except in each case as the Collateral Agent and the Borrower may otherwise agree.
(b) If any buildings or improvements comprising of any Mortgaged Property are at any time located in an area identified by the Federal Emergency Management Agency (or any successor agency) as within a federally designated special flood hazard area with respect to which area, the Servicer shall also cause such flood insurance has been made available under the Flood Insurance Laws, then the Borrower shall, or shall cause the applicable Credit Parties to, solely to the extent required by Applicable Law, (i) maintain, or cause to be maintained, with which coverage shall be at least equal to the minimum amount specified in the preceding sentence or such lesser amount as may be available under the federal flood insurance program; and (b) any Contract that is not an FHA/VA Contract, the Company shall obtain (i) a financially sound and reputable insurer (determined statement from the Obligor's insurance agent that the Manufactured Home was, at the time such insurance is obtained of origination of the Contract, not in a federally designated special flood hazard area, or renewed)(ii) evidence that, at the time of origination, flood insurance was in an effect, which coverage was at least equal to the minimum amount specified in the preceding sentence or such lesser amount as may be available under the federal flood insurance program. Each Hazard Insurance Policy caused to be maintained by the Servicer shall contain a standard loss payee clause in favor of the Servicer and otherwise sufficient its successors and assigns. If any Obligor is in default in the payment of premiums on its Hazard Insurance Policy or Policies, the Servicer shall pay such premiums out of its own funds and may separately add such premium to comply the Obligor's obligation as provided by the Contract, but shall not add such premium to the remaining principal balance of the Contract.
b. The Servicer may, in lieu of causing individual Hazard Insurance Policies to be maintained with all applicable rules and regulations promulgated respect to each Manufactured Home pursuant to subsection (a) of this Section 5.09, and shall, to the Flood extent that the related Contract does not require the Obligor to maintain a Hazard Insurance Laws Policy with respect to the related Manufactured Home, maintain one or more blanket insurance policies covering losses on the Obligor's interest in the Contracts resulting from the absence or insufficiency of individual Hazard Insurance Policies. Any such blanket policy shall be substantially in the form and in the amount carried by the Servicer as of the date of this Agreement. The Servicer shall pay the premium for such policy on the basis described therein and shall deposit into the Certificate Account from its own funds any deductible amount with respect to claims under such blanket insurance policy relating to the Contracts. The Servicer shall not, however, be required to deposit any deductible amount with respect to claims under individual Hazard Insurance Policies maintained pursuant to subsection (a) of this Section. If the insurer under such blanket insurance policy shall cease to be acceptable to the Servicer, the Servicer shall exercise its best reasonable efforts to obtain from another insurer a replacement policy comparable to such policy.
c. With respect to each Manufactured Home that has been repossessed in connection with a defaulted Contract, the Servicer shall either (i) maintain one or more Hazard Insurance Policies thereon or (ii) self-insure such Manufactured Homes and deposit into the Certificate Account from its own funds any losses caused by damage to such Manufactured Home that would have been covered by a Hazard Insurance Policy.
d. The Servicer shall keep in force throughout the term of this Agreement (i) a policy or policies of insurance covering errors and omissions for failure to maintain insurance as required by this Agreement and (ii) deliver to the Collateral Agent evidence a fidelity bond. Such policy or policies and such fidelity bond shall be in such form and amount as is generally customary among Persons which service a portfolio of such compliance in form reasonably manufactured housing installment sales contracts and installment loan agreements having an aggregate principal amount of $100,000,000 or more and which are generally regarded as servicers acceptable to the Collateral Agentinstitutional investors.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Green Tree Financial Corp)
Maintenance of Insurance. (a) The Borrower will, and will cause each of the Restricted Subsidiaries to, at all times maintain in full force and effect, with insurance companies that the Borrower believes (in the good-good faith judgment of the management of the Borrower) are financially sound and responsible at the time the relevant coverage is placed or renewed, insurance in at least such amounts (after giving effect to any self-insurance which the Borrower believes (in the good-good faith judgment of management of the Borrower) is reasonable and prudent in light of the size and nature of its business) and against at least such risks (and with such risk retentions) as are usually insured against in the same general area by companies engaged in businesses similar to those engaged by the Borrower and the Restricted Subsidiaries; and will furnish to the Administrative Agent for further delivery to the Lenders, upon written request from the Administrative Agent, information presented in reasonable detail as to the LPL – Conformed A&R Credit Agreement insurance so carried. The Collateral Agent, for the benefit of the Secured Parties, Parties shall be the additional insured on any such liability insurance and the Collateral Agent, for the benefit of the Secured Parties, shall be the additional loss payee or additional mortgagee under any such casualty or property insurance, except in each case as the Collateral Agent and the Borrower may otherwise agree.
(b) . If any buildings or improvements comprising portion of any Mortgaged Property are at any time is located in an area identified by the Federal Emergency Management Agency (or any successor agency) as a special flood hazard area with respect to which flood insurance has been made available under the Flood Insurance Laws, then the Borrower shall, or shall cause the applicable Credit Parties to, solely Party to the extent required by Applicable Law, (i) maintain, or cause to be maintained, with a financially sound and reputable insurer (determined at the time such insurance is obtained or renewedobtained), flood insurance in an amount and otherwise sufficient to comply with all applicable rules and regulations promulgated pursuant to the Flood Insurance Laws and (ii) deliver to the Collateral Agent, for further posting by the Collateral Agent to the Lenders on the Platform, evidence of such compliance in form reasonably acceptable to the Collateral Agentcompliance.
Appears in 1 contract
Maintenance of Insurance. (a) The Borrower will, and will cause each of the Restricted Subsidiaries to, at all times maintain in full force and effect, with insurance companies that the Borrower believes (in the good-faith judgment of the management of the Borrower) are financially sound and responsible at the time the relevant coverage is placed or renewed, insurance in at least such amounts (after giving effect to any self-insurance which the Borrower believes (in the good-faith judgment of management of the Borrower) is reasonable and prudent in light of the size and nature of its business) and against at least such risks (and with such risk retentions) as are usually insured against in the same general area by companies engaged in businesses similar to those engaged by the Borrower and the Restricted Subsidiaries; and will furnish Subject to the Administrative Agent for further delivery to the Lenders, upon written request from the Administrative Agent, information presented in reasonable detail as to the insurance so carried. The Collateral Agent, for the benefit requirements of the Secured Parties, shall be the additional insured on any such liability insurance and the Collateral Agent, for the benefit of the Secured Parties, shall be the additional loss payee or additional mortgagee under any such casualty or property insurance, except in each case as the Collateral Agent and the Borrower may otherwise agree.
(bSection 6.07(b) If any buildings or improvements comprising of any Mortgaged Property are at any time located in an area identified by the Federal Emergency Management Agency (or any successor agency) as a special flood hazard area with respect to which flood insurance has been made available under the Flood Insurance LawsCollateral, then the Borrower shall, or shall cause the applicable Credit Parties to, solely to the extent required by Applicable Law, (i) maintain, maintain or cause to be maintained, with a financially sound and reputable insurer insurance companies not Affiliates of the Borrower, insurance with respect to properties of the Consolidated Parties and businesses against loss or damage of the kinds customarily insured against by Persons engaged in the same or similar business and owning similar properties in localities where the Borrower or the applicable Consolidated Party operates, of such types and covering such risks, and in such amounts and with such deductibles, as are customarily carried under similar circumstances by such other Persons. Upon the reasonable request of the Administrative Agent from time to time the Borrower shall furnish or cause to be furnished to the Administrative Agent certificates of insurance evidencing the insurance carried on the properties of the Consolidated Parties.
(b) With respect to each Real Property Asset that constitutes Collateral, the Borrower shall, and shall cause each Subsidiary to, or shall cause the lessee or mortgagor with respect to such Real Property Asset to, maintain: (i) property insurance with respect to all Improvements and other insurable components of such Real Property Asset (excluding anything not owned by the applicable Direct Owner), against loss or damage by fire, lightning, windstorm, explosion, hail, tornado and such additional hazards as are presently included in “Special Form” (also known as “all-risk”) coverage and against any and all acts of terrorism and such other insurable hazards as the Administrative Agent may require, in an amount not less than 100% of the full replacement cost, including the cost of debris removal, without deduction for depreciation and sufficient to prevent any Consolidated Party and the Administrative Agent from becoming a coinsurer, such insurance to be in “builder’s risk” completed value (non reporting) form during and with respect to any construction on such Real Property Asset; (ii) if and to the extent any portion of the Improvements on such Real Property Asset is, under the FDPA, in a Special Flood Hazard Area, within a Flood Zone designated A or V in a participating community, a flood insurance policy in an amount at least equal to the amount (as determined by the Administrative Agent in good faith) sufficient to meet the requirements of applicable Law and the FDPA, as such requirements may from time to time be in effect; (iii) general liability insurance, on an “occurrence” basis, against claims for “personal injury” liability, including bodily injury, death or property damage liability, for the benefit of the applicable Direct Owner as named insured and the Administrative Agent as additional insured; (iv) statutory workers’ compensation insurance with respect to any work on or about such Real Property Asset (including employer’s liability insurance, if required by the Administrative Agent), covering all employees of each Subsidiary Guarantor (if any); (v) business interruption for Landlord’s rental income in an amount not less than the amount of gross rents payable in a 12 month period and which shall provide an extended period of indemnity endorsement for 360 days on an actual loss sustained basis; and (vi) such other insurance on such Real Property Asset and endorsements as may from time to time be required by the Administrative Agent (including automobile liability insurance, boiler and machinery insurance, earthquake insurance, wind insurance, sinkhole coverage, and/or permit to occupy endorsement) and against other insurable hazards or casualties which at the time are commonly insured against in the case of premises similarly situated, due regard being given to the height, type, construction, location, use and occupancy of buildings and improvements. All insurance policies shall be issued and maintained by insurers, in amounts, with deductibles, limits and retentions, and in forms reasonably satisfactory to the Administrative Agent, and shall require not less than thirty (30) days’ prior notice to the Administrative Agent of termination, lapse or cancellation of such insurance. All insurance companies must be licensed to do business in the state in which such Real Property Asset is located and must have an A.M. Best Company financial and performance ratings of A-:IX or better. All such insurance policies, except for general liability insurance, shall provide that each such policy shall be primary without right of contribution from any other insurance that may be carried by the Borrower, any of its Subsidiaries or the Administrative Agent and that all of the provisions thereof, except the limits of liability, shall operate in the same manner as if there were a separate policy covering each insured. If any insurer which has issued a policy of title, hazard, liability or other insurance required pursuant to this Agreement or any other Loan Document becomes insolvent or the subject of any petition, case, proceeding or other action pursuant to any Debtor Relief Law, or if in the Administrative Agent’s reasonable opinion the financial responsibility of such insurer is or becomes inadequate, the Borrower shall, in each instance promptly upon its discovery thereof or upon the written request of the Administrative Agent therefor, and at the Borrower’s expense, promptly obtain and deliver to the Administrative Agent a like policy (or, if and to the extent permitted by the Administrative Agent, acceptable evidence of insurance) issued by another insurer, which insurer and policy meet the requirements of this Agreement or such other Loan Document, as the case may be. Without limiting the discretion of the Administrative Agent with respect to required endorsements to insurance policies, all such policies for loss of or damage to such Real Property Asset (including business interruption and delayed rental insurance) shall contain a standard mortgagee clause (without contribution) naming the Administrative Agent as mortgagee and loss payee with loss proceeds payable to the Administrative Agent notwithstanding (w) any act, failure to act or negligence of or violation of any warranty, declaration or condition contained in any such policy by any named or additional insured; (x) the occupation or use of such Real Property Asset for purposes more hazardous than permitted by the terms of any such policy; (y) any foreclosure or other action by the Administrative Agent under the Loan Documents; or (z) any change in title to or ownership of such Real Property Asset or any portion thereof, such proceeds to be held for application as provided in the Loan Documents. The Borrower shall pay or cause to be paid all premiums on policies required hereunder as they become due and payable. If any loss occurs at any time when the Borrower has failed to perform the Borrower’s covenants and agreements in this Section 6.07(b) with respect to any insurance payable because of loss sustained to any part of such Real Property Asset whether or not such insurance is obtained required by the Administrative Agent, the Administrative Agent shall nevertheless be entitled to the benefit of all insurance covering the loss and held by or renewedfor any Consolidated Party to the same extent as if it had been made payable to the Administrative Agent.
(c) The Borrower shall (i) deliver to the Administrative Agent the certificates evidencing each renewal or substitute insurance policy required pursuant to Section 6.07(b) (or to the extent permitted by the Administrative Agent, a copy of the original policy and such evidence of insurance acceptable to the Administrative Agent), flood insurance in an amount and otherwise sufficient to comply with all applicable rules and regulations promulgated pursuant to premiums fully paid current, at least ten (10) days before the Flood Insurance Laws termination of the policy it renews or replaces and (ii) promptly deliver to the Collateral Administrative Agent evidence satisfactory to the Administrative Agent of the timely payment of all premiums on the policies required pursuant to Section 6.07(b).
(d) The Borrower shall, and shall cause each Subsidiary to, comply or cause compliance with the requirements of the insurance policies required hereunder and of the issuers of such compliance policies and of any board of fire underwriters or similar body as applicable to or affecting any Real Property Asset constituting Collateral.
(e) The Administrative Agent may retain, at the Borrower’s sole expense, an independent insurance consultant to evaluate the sufficiency of the insurance to be carried pursuant to Section 6.07(b) and to advise the Administrative Agent with respect to such other insurance as may be necessary and prudent to protect the Secured Parties’ security for repayment of the Obligations; provided, however, that, so long as no Event of Default shall have occurred and be continuing, the Borrower shall only be obligated to pay for such independent evaluation one (1) time per calendar year.
(f) Upon any foreclosure of any Mortgage or transfer of title to any Real Property Asset in form reasonably acceptable extinguishment of the whole or any part of the Obligations, all of the Loan Parties’ right, title and interest in and to the Collateral insurance policies referred to in Section 6.07 (including unearned premiums) and all Insurance Proceeds payable thereunder shall thereupon vest in the purchaser at foreclosure or other such transferee, to the extent permissible under such policies. Upon the occurrence and during the continuance of an Event of Default, the Administrative Agent shall have the right (but not the obligation) to make proof of loss for, settle and adjust any claim under, and receive all Insurance Proceeds for loss of or damage to each Real Property Asset constituting Collateral, regardless of whether or not any insurance policies are required by the Administrative Agent, and the expenses incurred by the Administrative Agent, including reasonable attorneys’ fees, in the adjustment and collection of insurance proceeds shall be a part of the Obligations and shall be due and payable to the Administrative Agent on demand. The Administrative Agent shall not be, under any circumstances, liable or responsible for failure to collect or exercise diligence in the collection of any of such proceeds or for the obtaining, maintaining or adequacy of any insurance or for failure to see to the proper application of any amount paid over to any Loan Party unless determined by a court of competent jurisdiction by a final and nonappealable judgment to arise from the bad faith, gross negligence or willful misconduct of the Administrative Agent. Upon the occurrence and during the continuance of an Event of Default, any Insurance Proceeds received by the Administrative Agent shall, after deduction therefrom of all expenses incurred by the Administrative Agent, including reasonable attorneys’ fees, at the Administrative Agent’s option be (i) released to the Borrower, (ii) applied (upon compliance with such terms and conditions as may be required by the Administrative Agent) to the restoration, either partly or entirely, of the Real Property Asset so damaged, or (iii) applied to the payment of the Obligations in such order and manner as the Administrative Agent, in its sole discretion, may elect, whether or not due. In any event, the unpaid portion of the Obligations shall remain in full force and effect and the payment thereof shall not be excused.
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Maintenance of Insurance. (a) The Borrower Each Borrowers will, and will cause each of the Restricted Subsidiaries Material Subsidiary to, at all times maintain in full force and effect, pursuant to self-insurance arrangements or with insurance companies that the such Borrower believes (in the good-good faith judgment of the management of the such Borrower) are financially sound and responsible at the time the relevant coverage is placed or renewed, insurance in at least such amounts (after giving effect to any self-insurance which the Borrower such Borrowers believes (in the good-good faith judgment of management of the such Borrower) is reasonable and prudent in light of the size and nature of its business) and against at least such risks (and with such risk retentions) as are usually insured against such Borrower believes (in the same general area by companies engaged good faith judgment of management of such Borrower) is reasonable and prudent in businesses similar to those engaged by light of the Borrower size and the Restricted Subsidiariesnature of its business; and will furnish to the Administrative Agent for further delivery to the LendersAgent, upon written request from the Administrative Agent, information presented in reasonable detail as to the insurance so carried. The Collateral Agentcarried and (b) with respect to each Mortgaged Property, for the benefit of the Secured Parties, shall Borrowers will obtain flood insurance in such total amount as may reasonably be the additional insured on any such liability insurance and required by the Collateral Agent, for if at any time the benefit of the Secured Parties, shall be the additional loss payee or additional mortgagee under area in which any such casualty or property insurance, except in each case as the Collateral Agent and the Borrower may otherwise agree.
(b) If any buildings or improvements comprising of located on any Mortgaged Property are at is designated a “flood hazard area” in any time located in an area identified Flood Insurance Rate Map published by the Federal Emergency Management Agency (or any successor agency) ), and otherwise comply with the National Flood Insurance Program as a special flood hazard area with respect to which flood insurance has been made available under set forth in the Flood Insurance LawsDisaster Protection Act of 1973, then the Borrower shall, or shall cause the applicable Credit Parties to, solely as amended from time to the extent required by Applicable Law, (i) maintain, or cause to be maintained, with a financially sound and reputable insurer (determined at the time time. All such insurance is obtained or renewed), flood insurance in an amount and otherwise sufficient to comply with all applicable rules and regulations promulgated pursuant to the Flood Insurance Laws and (ii) deliver to shall name the Collateral Agent evidence as mortgagee/loss payee (in the case of property insurance) or additional insured on behalf of the Secured Parties (in the case of liability insurance) and all such compliance insurance shall otherwise be in form and substance reasonably acceptable satisfactory to the Collateral Agent.
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Maintenance of Insurance. (a) The Borrower will, and Each Grantor will cause each of the Restricted Subsidiaries to, at all times maintain in full force and effectmaintain, with insurance companies that the Borrower believes (in the good-faith judgment of the management of the Borrower) are financially sound and responsible at the time the relevant coverage is placed or renewedreputable companies, insurance in at least policies (i) insuring the Collateral against loss by fire, explosion, theft, fraud and such amounts (after giving effect to any self-other casualties, including hazard and business interruption, commercial general liability insurance which the Borrower believes (in the good-faith judgment of management of the Borrower) is reasonable and prudent in light of the size and nature of its business) and against at least such risks (and with such risk retentions) workers compensation insurance, as are usually insured against in the same general area by companies engaged in businesses similar to those engaged by the Borrower and the Restricted Subsidiaries; and will furnish may be reasonably satisfactory to the Administrative Agent for further delivery to the Lenders, upon written request from in amounts and with deductibles at least as favorable as those generally maintained by businesses of similar size engaged in similar activities and (ii) insuring such Grantor and the Administrative Agent, information presented in reasonable detail as to the insurance so carried. The Collateral Agent, for the ratable benefit of the Secured Parties, shall against liability for hazards, risks and liability to persons and property relating to the Collateral, in amounts and with deductibles at least as favorable as those generally maintained by businesses of similar size engaged in similar activities, such policies to be in such form and having such coverage as may be reasonably satisfactory to the additional insured on Administrative Agent. If any such liability insurance and part of the Collateral Agent, for the benefit of the Secured Parties, shall be the additional loss payee or additional mortgagee under any such casualty or property insurance, except in each case lies within a “special flood hazard area” as the Collateral Agent defined and the Borrower may otherwise agree.
(b) If any buildings or improvements comprising of any Mortgaged Property are at any time located in an area identified specified by the Federal Emergency Management Agency (or any successor agencyother appropriate Governmental Authority) as a special flood hazard area with respect to which flood insurance has been made available under the Flood Insurance Laws, then the Borrower shall, or shall cause the applicable Credit Parties to, solely to the extent required by Applicable Law, (i) maintain, or cause to be maintained, with a financially sound and reputable insurer (determined at the time such insurance is obtained or renewed), flood insurance in an amount and otherwise sufficient to comply with all applicable rules and regulations promulgated pursuant to the Flood Insurance Laws Disaster Protection Act of 1973, as amended (the “FDPA”), and the Administrative Agent determines that flood insurance coverage is required to be obtained for such Collateral in order for the Administrative Agent and the Lenders to comply with the FDPA, the Grantors shall obtain and maintain such flood insurance policies as the Administrative Agent reasonably requests so that the Administrative Agent and the Lenders shall be deemed in compliance with the FDPA and shall deliver evidence thereof to the Administrative Agent.
(b) All insurance referred to in subsection (a) above shall (i) pursuant to endorsements and assignments in form and substance reasonably satisfactory to the Administrative Agent, name the Administrative Agent for the ratable benefit of itself and the Secured Parties as lender’s loss payee and mortgagee (to the extent covering risk of loss or damage to tangible property) and as an additional insured as its interests may appear (to the extent covering any other risk, including in the case of all flood insurance), (ii) unless the Administrative Agent otherwise agrees, provide that no cancellation, material reduction in amount or material change in coverage thereof shall be effective until at least thirty (30) days (and ten (10) days for non-payment of premiums) after receipt by the Administrative Agent of written notice thereof, (iii) unless the Administrative Agent otherwise agrees, include effective waivers by the insurer of subrogation, and (vi) be reasonably satisfactory in all other respects to the Administrative Agent.
(c) Each Grantor will use commercially reasonable efforts to deliver, within 15 days prior to the expiration date of the insurance policies required to be maintained by such Grantor pursuant to the terms hereof and the Credit Agreement, and, in any event, no later than prior to the expiration date of such insurance policies (or such later date as the Administrative Agent shall agree to in writing in its sole discretion), such Grantor will deliver, to the Administrative Agent one or more certificates of insurance evidencing renewal of the insurance coverage required hereunder and thereunder plus such other evidence of payment of premiums therefor as the Administrative Agent may reasonably request.
(d) The Administrative Agent shall be entitled, upon reasonable advance notice, to review and/or receive copies of, the insurance policies of the Grantors carried and maintained with respect to the Grantors’ obligations under this Section 4.2. Notwithstanding anything to the contrary herein, no provision of this Section 4.2 or any provision of this Agreement shall impose on the Administrative Agent and the Lenders any duty or obligation to verify the existence or adequacy of the insurance coverage maintained by the Grantors, nor shall the Administrative Agent and the Lenders be responsible for any representations or warranties made by or on behalf of the Grantors to any insurance broker, company or underwriter. If any Grantor fails to obtain and maintain any of the policies of insurance required to be maintained pursuant to the terms of this Agreement and the Credit Agreement or to pay any premium in whole or in part, the Administrative Agent may, without waiving or releasing any obligation or Default, at the Grantors’ expense, but without any obligation to do so, procure such policies or pay such premiums. All sums so disbursed by the Administrative Agent, including reasonable attorneys’ fees, court costs, expenses and other charges related thereto, shall be payable by the Grantors to the Administrative Agent on demand and shall be additional Obligations hereunder, secured by the Collateral.
(e) Each Grantor will deliver to the Collateral Administrative Agent, promptly as rendered, true copies of all material claims and reports made in any reporting forms to insurance companies with respect to claims in which the Administrative Agent evidence of such compliance is entitled to participate in form reasonably acceptable the adjustment process pursuant to the Collateral Agentterms of this Agreement and the Credit Agreement.
Appears in 1 contract
Maintenance of Insurance. (a) The Borrower will, and will cause each of the Restricted Subsidiaries to, at all times maintain in full force and effect, with insurance companies that the Borrower believes (in the good-faith judgment of the management of the Borrower) are financially sound and responsible at the time the relevant coverage is placed or renewed, insurance in at least such amounts (after giving effect to any self-insurance which the Borrower believes (in the good-faith judgment of management of the Borrower) is reasonable and prudent in light of the size and nature of its business) and against at least such risks (and with such risk retentions) as are usually insured against in the same general area by companies engaged in businesses similar to those engaged by the Borrower and the Restricted Subsidiaries; and will furnish Subject to the Administrative Agent for further delivery to the Lenders, upon written request from the Administrative Agent, information presented in reasonable detail as to the insurance so carried. The Collateral Agent, for the benefit requirements of the Secured Parties, shall be the additional insured on any such liability insurance and the Collateral Agent, for the benefit of the Secured Parties, shall be the additional loss payee or additional mortgagee under any such casualty or property insurance, except in each case as the Collateral Agent and the Borrower may otherwise agree.
(bSection 6.07(b) If any buildings or improvements comprising of any Mortgaged Property are at any time located in an area identified by the Federal Emergency Management Agency (or any successor agency) as a special flood hazard area with respect to which flood insurance has been made available under the Flood Insurance LawsCollateral, then the Borrower shall, or shall cause the applicable Credit Parties to, solely to the extent required by Applicable Law, (i) maintain, maintain or cause to be maintained, with a financially sound and reputable insurer insurance companies not Affiliates of the Borrower, insurance with respect to properties of the Consolidated Parties and businesses against loss or damage of the kinds customarily insured against by Persons engaged in the same or similar business and owning similar properties in localities where the Borrower or the applicable Consolidated Party operates, of such types and covering such risks, and in such amounts and with such deductibles, as are customarily carried under similar circumstances by such other Persons. Upon the reasonable request of the Administrative Agent from time to time the Borrower shall furnish or cause to be furnished to the Administrative Agent certificates of insurance evidencing the insurance carried on the properties of the Consolidated Parties.
(determined b) With respect to each Real Property Asset that constitutes Collateral, the Borrower shall, and shall cause each Subsidiary to, or shall cause the lessee or mortgagor with respect to 110 such Real Property Asset to, maintain: (i) property insurance with respect to all Improvements and other insurable components of such Real Property Asset (excluding anything not owned by the applicable Direct Owner), against loss or damage by fire, lightning, windstorm, explosion, hail, tornado and such additional hazards as are presently included in “Special Form” (also known as “all-risk”) coverage and against any and all acts of terrorism and such other insurable hazards as the Administrative Agent may require, in an amount not less than 100% of the full replacement cost, including the cost of debris removal, without deduction for depreciation and sufficient to prevent any Consolidated Party and the Administrative Agent from becoming a coinsurer, such insurance to be in “builder’s risk” completed value (non reporting) form during and with respect to any construction on such Real Property Asset; (ii) if and to the extent any portion of the Improvements on such Real Property Asset is, under the FDPA, in a Special Flood Hazard Area, within a Flood Zone designated A or V in a participating community, a flood insurance policy in form, substance and amount sufficient to meet the requirements of applicable Law and the FDPA, as confirmed by each of the Lenders, as such requirements may from time to time be in effect; (iii) general liability insurance, on an “occurrence” basis, against claims for “personal injury” liability, including bodily injury, death or property damage liability, for the benefit of the applicable Direct Owner as named insured and the Administrative Agent as additional insured; (iv) statutory workers’ compensation insurance with respect to any work on or about such Real Property Asset (including employer’s liability insurance, if required by the Administrative Agent), covering all employees of each Subsidiary Guarantor (if any); (v) business interruption for Landlord’s rental income in an amount not less than the amount of gross rents payable in a 12 month period and which shall provide an extended period of indemnity endorsement for 360 days on an actual loss sustained basis; and (vi) such other insurance on such Real Property Asset and endorsements as may from time to time be required by the Administrative Agent (including automobile liability insurance, boiler and machinery insurance, earthquake insurance, wind insurance, sinkhole coverage, and/or permit to occupy endorsement) and against other insurable hazards or casualties which at the time are commonly insured against in the case of premises similarly situated, due regard being given to the height, type, construction, location, use and occupancy of buildings and improvements. All insurance policies shall be issued and maintained by insurers, in amounts, with deductibles, limits and retentions, and in forms reasonably satisfactory to the Administrative Agent, and shall require not less than thirty (30) days’ prior notice to the Administrative Agent of termination, lapse or cancellation of such insurance. All insurance companies must be licensed to do business in the state in which such Real Property Asset is located and must have an A.M. Best Company financial and performance ratings of A-:IX or better. All such insurance policies, except for general liability insurance, shall provide that each such policy shall be primary without right of contribution from any other insurance that may be carried by the Borrower, any of its Subsidiaries or the Administrative Agent and that all of the provisions thereof, except the limits of liability, shall operate in the same manner as if there were a separate policy covering each insured. If any insurer which has issued a policy of title, hazard, liability or other insurance required pursuant to this Agreement or any other Loan Document becomes insolvent or the subject of any petition, case, proceeding or other action pursuant to any Debtor Relief Law, or if in the Administrative Agent’s reasonable opinion the financial responsibility of such insurer is obtained or renewedbecomes inadequate, the Borrower shall, in each instance promptly upon its discovery thereof or upon the written request of the Administrative Agent therefor, and at the Borrower’s expense, promptly obtain and deliver to the Administrative Agent a like policy (or, if and to the extent permitted by the Administrative Agent, acceptable evidence 111
(c) The Borrower shall (i) deliver to the Administrative Agent the certificates evidencing each renewal or substitute insurance policy required pursuant to Section 6.07(b) (or to the extent permitted by the Administrative Agent, a copy of the original policy and such evidence of insurance acceptable to the Administrative Agent), flood insurance in an amount and otherwise sufficient to comply with all applicable rules and regulations promulgated pursuant to premiums fully paid current, at least ten (10) days before the Flood Insurance Laws termination of the policy it renews or replaces and (ii) promptly deliver to the Collateral Administrative Agent evidence satisfactory to the Administrative Agent of the timely payment of all premiums on the policies required pursuant to Section 6.07(b).
(d) The Borrower shall, and shall cause each Subsidiary to, comply or cause compliance with the requirements of the insurance policies required hereunder and of the issuers of such compliance policies and of any board of fire underwriters or similar body as applicable to or affecting any Real Property Asset constituting Collateral.
(e) The Administrative Agent may retain, at the Borrower’s sole expense, an independent insurance consultant to evaluate the sufficiency of the insurance to be carried pursuant to Section 6.07(b) and to advise the Administrative Agent with respect to such other insurance as may be necessary and prudent to protect the Secured Parties’ security for repayment of the Obligations; provided, however, that, so long as no Event of Default shall have occurred and be continuing, the Borrower shall only be obligated to pay for such independent evaluation one (1) time per calendar year.
(f) Upon any foreclosure of any Mortgage or transfer of title to any Real Property Asset in form reasonably acceptable extinguishment of the whole or any part of the Obligations, all of the Loan Parties’ right, title and interest in and to the Collateral Agent.insurance policies referred to in Section 6.07 (including unearned premiums) and all Insurance Proceeds payable thereunder shall thereupon vest in the purchaser at foreclosure or other such transferee, to the extent permissible under such policies. Upon the occurrence and during the continuance of an Event of Default, the Administrative Agent shall have 112
Appears in 1 contract
Samples: Credit Agreement (Safehold Inc.)
Maintenance of Insurance. (a) The Borrower willExcept as otherwise provided in subsection (b) of this Section 5.09, and will the Servicer shall cause to be maintained with respect to each of the Restricted Subsidiaries toContract one or more Hazard Insurance Policies which provide, at all times maintain a minimum, the same coverage as a standard form fire and extended coverage insurance policy that is customary for manufactured housing, issued by a company authorized to issue such policies in full force the state in which the related Manufactured Home is located and effectin an amount which is not less than the maximum insurable value of such Manufactured Home or the principal balance due from the Obligor on the related Contract, with insurance companies whichever is less; provided, however, that the Borrower believes amount of coverage provided by each Hazard Insurance Policy shall be sufficient to avoid the application of any co- insurance clause contained therein; and provided, further, that such Hazard Insurance Policies may provide for customary deductible amounts. With respect to: (in the good-faith judgment of the management of the Borrowerx) are financially sound and responsible a Manufactured Home securing an FHA/VA Contract, if such Manufactured Home's location was, at the time of origination of the relevant related FHA/VA Contract, within a federally designated special flood hazard area, the Servicer shall also cause such flood insurance to be maintained, which coverage is placed or renewed, insurance in shall be at least such amounts (after giving effect equal to any self-insurance which the Borrower believes (minimum amount specified in the good-faith judgment preceding sentence or such lesser amount as may be available under the federal flood insurance program; and (y) any Contract that is not an FHA/VA Contract, the Originator shall obtain (i) a statement from the Obligor's insurance agent that the Manufactured Home was, at the time of management origination of the BorrowerContract, not in a federally designated special flood hazard area, or (ii) is reasonable and prudent evidence that, at the time of origination, flood insurance was in light effect, which coverage was at least equal to the minimum amount specified in the preceding sentence or such lesser amount as may be available under the federal flood insurance program. Each Hazard Insurance Policy caused to be maintained by the Servicer shall contain a standard loss payee clause in favor of the size Servicer and nature its successors and assigns. If any Obligor is in default in the payment of premiums on its Hazard Insurance Policy or Policies, the Servicer shall pay such premiums out of its business) own funds and against at least may separately add such risks (and with such risk retentions) premium to the Obligor's obligation as are usually insured against in the same general area by companies engaged in businesses similar to those engaged provided by the Borrower and the Restricted Subsidiaries; and will furnish Contract, but shall not add such premium to the Administrative Agent for further delivery to the Lenders, upon written request from the Administrative Agent, information presented in reasonable detail as to the insurance so carried. The Collateral Agent, for the benefit remaining principal balance of the Secured Parties, shall be the additional insured on any such liability insurance and the Collateral Agent, for the benefit of the Secured Parties, shall be the additional loss payee or additional mortgagee under any such casualty or property insurance, except in each case as the Collateral Agent and the Borrower may otherwise agreeContract.
(b) If any buildings or improvements comprising The Servicer may, in lieu of any Mortgaged Property are at any time located in an area identified by the Federal Emergency Management Agency (or any successor agency) as a special flood hazard area causing individual Hazard Insurance Policies to be maintained with respect to which flood insurance has been made available under the Flood Insurance Lawseach Manufactured Home pursuant to subsection (a) of this Section 5.09, then the Borrower and shall, or shall cause the applicable Credit Parties to, solely to the extent that the related Contract does not require the Obligor to maintain a Hazard Insurance Policy with respect to the related Manufactured Home, maintain one or more blanket insurance policies covering losses on the creditor's interest in the Contracts resulting from the absence or insufficiency of individual Hazard Insurance Policies. Any such blanket policy shall be substantially in the form and in the amount carried by the Servicer as of the date of this Agreement. The Servicer shall pay the premium for such policy on the basis described therein and shall deposit into the Certificate Account from its own funds any deductible amount with respect to claims under such blanket insurance policy relating to the Contracts. The Servicer shall not, however, be required by Applicable Lawto deposit any deductible amount with respect to claims under individual Hazard Insurance Policies maintained pursuant to subsection (a) of this Section. If the insurer under such blanket insurance policy shall cease to be acceptable to the Servicer, the Servicer shall exercise its best reasonable efforts to obtain from another insurer a replacement policy comparable to such policy.
(c) With respect to each Manufactured Home that has been repossessed in connection with a defaulted Contract, the Servicer shall either (i) maintain, maintain one or cause more Hazard Insurance Policies thereon or (ii) self-insure such Manufactured Homes and deposit into the Certificate Account from its own funds any losses caused by damage to be maintained, with such Manufactured Home that would have been covered by a financially sound Hazard Insurance Policy.
(d) The Servicer shall keep in force throughout the term of this Agreement (i) a policy or policies of insurance covering errors and reputable insurer (determined at the time such omissions for failure to maintain insurance is obtained or renewed), flood insurance in an amount and otherwise sufficient to comply with all applicable rules and regulations promulgated pursuant to the Flood Insurance Laws as required by this Agreement and (ii) deliver to the Collateral Agent evidence a fidelity bond. Such policy or policies and such fidelity bond shall be in such form and amount as is generally customary among Persons which service a portfolio of such compliance in form reasonably manufactured housing installment sales contracts and installment loan agreements having an aggregate principal amount of $100,000,000 or more and which are generally regarded as servicers acceptable to the Collateral Agentinstitutional investors.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Conseco Finance Securitizations Corp)
Maintenance of Insurance. (a) The Borrower willExcept if the failure to do so could not reasonably be expected to have a Material Adverse Effect, and will cause each of the Restricted Subsidiaries to, at all times maintain in full force and effect, with insurance companies that the Borrower believes Borrowers believe (in the good-good faith judgment of the management of the BorrowerBorrowers) are financially sound and responsible at the time the relevant coverage is placed or renewed, insurance in at least such amounts (after giving effect to any self-insurance which the Borrower believes Borrowers believe (in the good-good faith judgment of management of the BorrowerBorrowers) is reasonable and prudent in light of the size and nature of its business) and against at least such risks (and with such risk retentions) as are usually insured against in the same general area by companies engaged in businesses similar to those engaged by the Borrower Borrowers and the their Restricted Subsidiaries; and will furnish to the Administrative Agent for further delivery to the Lenders, upon written request from the Administrative Agent, information presented in reasonable detail as to the insurance so carried. The Borrowers shall use commercially reasonable efforts to ensure that at all times the Collateral Agent, Agent for the benefit of the Secured Parties, shall be the named as an additional insured on any such with respect to liability insurance policies (other than directors and officers policies and workers compensation) maintained by the Borrowers and each Subsidiary Guarantor and the Collateral Agent, Agent for the benefit of the Secured Parties, shall be the additional named as loss payee with respect to the property insurance maintained by the Borrowers and each Subsidiary Guarantor; provided that, unless an Event of Default shall have occurred and be continuing, (A) all proceeds from insurance policies shall be paid to the Borrowers, or additional mortgagee under any such casualty or property insurancethe applicable Subsidiary Guarantor, except in each case as (B) to the extent the Collateral Agent receives any proceeds, the Collateral Agent shall turn over to the Borrowers any amounts received by it as an additional insured or loss payee under any property insurance maintained by the Borrowers and its Subsidiaries, and (C) the Borrower may otherwise agreeCollateral Agent agrees that the Borrowers and/or their applicable Subsidiary shall have the sole right to adjust or settle any claims under such insurance.
(b) If (x) any buildings or improvements comprising improved portion of any Mortgaged Property are located in the United States is at any time located in an area identified by the Federal Emergency Management Agency (or any successor agency) as a special flood hazard area with respect to which flood insurance has been made available under the National Flood Insurance LawsAct of 1968 (as now or hereafter in effect or successor act thereto) and (y) the Collateral Agent shall have delivered notice(s) to the relevant Borrower Party pursuant to Section 208.25(i) of Regulation H of the FRB stating that such mortgaged property is located in the United States and in such special flood hazard area with respect to which such flood insurance has been made available, then the Borrower Borrowers shall, or shall cause the applicable Credit Parties to, solely each Loan Party to the extent required by Applicable Law, (i) maintain, or cause to be maintained, with a financially sound and reputable insurer (determined at the time such insurance is obtained or renewed)insurer, flood insurance in an amount and otherwise sufficient to comply with all applicable rules and regulations promulgated pursuant to the Flood Insurance Laws and (ii) deliver to the Collateral Administrative Agent evidence of such compliance in form and substance reasonably acceptable to the Collateral Administrative Agent.
Appears in 1 contract
Samples: First Lien Credit Agreement (Pivotal Acquisition Corp)
Maintenance of Insurance. (a) The Each Borrower will, and will cause each of the Restricted Subsidiaries Material Subsidiary to, at all times maintain in full force and effect, pursuant to self-insurance arrangements or arrangements with insurance companies that the CGI Borrower believes (in the good-good faith judgment of the management of the CGI Borrower) are financially sound and responsible at the time the relevant coverage is placed or renewed, insurance in at least such amounts (after giving effect to any self-insurance insurance) which the CGI Borrower believes (in the good-good faith judgment of management of CGI Borrower) and against at least such risks (and with such risk retentions) as CGI Borrower believes (in the good faith judgment of management of CGI Borrower) is reasonable and prudent in light of the size and nature of its business) and against at least such risks (and with such risk retentions) as are usually insured against in the same general area by companies engaged in businesses similar to those engaged by the Borrower business and the Restricted Subsidiariesavailability of insurance on a cost-effective basis; and will furnish to the Administrative Agent for further delivery to the LendersAgent, upon promptly following written request from the Administrative Agent, certificates of insurance, copies of the polices of insurance and information presented in reasonable detail as to the insurance so carried. The Collateral Agent, for the benefit of the Secured Parties, shall be the additional insured on any such liability insurance and the Collateral Agent, for the benefit of the Secured Parties, shall be the additional loss payee or additional mortgagee under any such casualty or property insurance, except in each case as the Collateral Agent and the Borrower may otherwise agree.
(b) If With respect to any buildings or Mortgaged Property, each Borrower will obtain flood insurance in such total amount as may reasonably be required by the Administrative Agent, if at any time the area in which any improvements comprising of located on any Mortgaged Property are at is designated a "special flood hazard area" in any time located in an area identified Flood Insurance Rate Map published by the Federal Emergency Management Agency (or any successor agency) ), and otherwise comply with the National Flood Insurance Program as a special flood hazard area with respect to which flood insurance has been made available under set forth in the Flood Insurance Laws, then the Disaster Protection Act of 1973.
(c) Each policy of insurance maintained by a Borrower shall, or other Credit Party shall cause the applicable Credit Parties to, solely to the extent required by Applicable Law, (i) maintainin the case of each general liability and umbrella liability insurance policy, or cause to be maintainedname the Administrative Agent, with a financially sound and reputable insurer (determined at on behalf of the time such insurance is obtained or renewed)Secured Parties, flood insurance in as an amount and otherwise sufficient to comply with all applicable rules and regulations promulgated pursuant to the Flood Insurance Laws and additional insured thereunder as its interests may appear, (ii) deliver to in the Collateral case of each casualty insurance policy, contain a loss payable clause or endorsement that names the Administrative Agent, on behalf of the Secured Parties, as first loss payee thereunder, and (iii) contain such standard mortgage clauses as the Administrative Agent evidence of such compliance in form shall reasonably acceptable to require for the Collateral AgentLenders' protection.
Appears in 1 contract
Maintenance of Insurance. (a) The Holdings and the Parent Borrower will, and will cause each of the Material Subsidiary that is a Restricted Subsidiaries Subsidiary to, at all times maintain in full force and effect, pursuant to self-insurance arrangements or with insurance companies that the Parent Borrower believes (in the good-good faith judgment of the management of the Parent Borrower) are financially sound and responsible at the time the relevant coverage is placed or renewed, insurance in at least such amounts (after giving effect to any self-insurance which the Parent Borrower believes (in the good-good faith judgment of management of the Parent Borrower) is reasonable and prudent in light of the size and nature of its businessbusiness and the availability of insurance on a cost-effective basis) and against at least such risks (and with such risk retentions) as are usually insured against the Parent Borrower believes (in the same general area by companies engaged good faith judgment of management of the Parent Borrower) is reasonable and prudent in businesses similar to those engaged by light of the Borrower size and nature of their business and the Restricted Subsidiariesavailability of insurance on a cost-effective basis; and will furnish to the Administrative Agent for further delivery to the LendersAgent, upon promptly following written request from the Administrative Agent, information presented in reasonable detail as to the insurance so carried. The Collateral Agent, for the benefit of the Secured Parties, shall be the additional insured on any such liability insurance and the Collateral Agent, for the benefit of the Secured Parties, shall be the additional loss payee or additional mortgagee under any such casualty or property insurance, except in each case as the Collateral Agent and the Borrower may otherwise agree.
(b) If if (x) any buildings or improvements comprising improved portion of any Mortgaged Property are is at any time located in an area identified by the Federal Emergency Management Agency (or any successor agency) as a special flood hazard area with respect to which flood insurance has been made available under the National Flood Insurance Act of 1968 (as now or hereafter in effect or successor act thereto) and (y) the Collateral Agent shall have delivered a notice to the Parent Borrower stating that such Mortgaged Property is located in such special flood hazard area with respect to which such flood insurance has been made available, then the applicable Credit Party shall (i) obtain flood insurance in such total amount and in such form as the Administrative Agent or the Lenders may from time to time reasonably require, and otherwise comply with the Flood Insurance Laws, then the Borrower shall, or shall cause the applicable Credit Parties to, solely to the extent required by Applicable Law, (i) maintain, or cause to be maintained, with a financially sound and reputable insurer (determined at the time such insurance is obtained or renewed), flood insurance in an amount and otherwise sufficient to comply with all applicable rules and regulations promulgated pursuant to the Flood Insurance Laws and (ii) deliver to the Collateral Administrative Agent evidence of such compliance in form and substance reasonably acceptable to the Administrative Agent, including, without limitation, a copy of the flood insurance policy and a declaration page relating to the insurance policies required by this Section 9.3 which shall (1) identify the addresses of each property located in a special flood hazard area, (2) indicate the applicable flood zone designation, the flood insurance coverage and the deductible relating thereto, (3) provide that the insurer will give the Administrative Agent 45 days written notice of cancellation or non-renewal and shall include evidence of annual renewals of such insurance and (4) be otherwise in form and substance satisfactory to the Administrative Agent and each Revolving Credit Lender and (c) the Credit Parties shall, subject to Schedule 9.14, in the case of each liability policy, cause such policy to contain an additional insured clause or endorsement that names the Collateral Agent for the benefit of the Secured Parties as additional insured thereunder and, in the case of each casualty insurance policy, such policy to contain a loss payable clause or endorsement that names the Collateral Agent, for the benefit of the Secured Parties as the loss payee thereunder.
Appears in 1 contract
Maintenance of Insurance. (a) The Borrower will, and will cause each of the Restricted Subsidiaries to, at all times maintain in full force and effect, Maintain with insurance companies that the Borrower believes (in the good-good faith judgment of the management of the Borrowertheir management) are financially sound and responsible reputable at the time the relevant coverage is placed or renewedrenewed or with a Captive Insurance Subsidiary, insurance with respect to its properties and business against loss or damage, of such types and in at least such amounts as reasonably determined in good faith by the management of the Borrower as appropriate for the business of the Borrower and the Restricted Subsidiaries (after giving effect to any self-insurance which reasonable and customary for similarly situated Persons as reasonably determined in good faith by the Borrower believes (in the good-faith judgment of management of the Borrower) is reasonable and prudent in light Borrower as appropriate for the business of the size and nature of its business) and against at least such risks (and with such risk retentions) as are usually insured against in the same general area by companies engaged in businesses similar to those engaged by the Borrower and the Restricted Subsidiaries; , and, so long as there is any Material Real Property which is subject to a Mortgage, including flood insurance sufficient to cause Lenders to be in compliance with all applicable federal laws and regulations regarding flood insurance), and will furnish to the Administrative Agent for further delivery to the Lenders, upon reasonable written request from the Administrative Agent, information presented in reasonable detail as to the insurance so carried. The Borrower shall use commercially reasonable efforts to ensure that each such policy of insurance (other than business interruption insurance (if any), director and officer insurance and worker’s compensation insurance) shall, unless otherwise agreed by the Administrative Agent, as appropriate, (i) in the case of each liability insurance policy, name the Collateral Agent, for the benefit on behalf of the Secured Parties, shall be the as an additional insured on any such liability thereunder as its interests may appear and/or (ii) in the case of each casualty insurance and policy, contain a loss payable clause or endorsement that names the Collateral Agent, for the benefit on behalf of the Secured Parties, shall be as the additional loss payee or additional mortgagee under any such casualty or thereunder (in the case of property insurance, except in each case as the Collateral Agent and the Borrower may otherwise agree.
(b) If any buildings or improvements comprising of any Mortgaged Property are at any time located in an area identified by the Federal Emergency Management Agency (or any successor agency) as a special flood hazard area insurance with respect to which flood insurance has been made available under the Flood Insurance Laws, then the Borrower shall, or shall cause the applicable Credit Parties to, solely to the extent required by Applicable Law, (i) maintain, or cause to be maintained, with a financially sound and reputable insurer (determined at the time such insurance is obtained or renewedCollateral), flood insurance in an amount and otherwise sufficient to comply with all applicable rules and regulations promulgated pursuant to the Flood Insurance Laws and (ii) deliver to the Collateral Agent evidence of such compliance in form reasonably acceptable to the Collateral Agent.
Appears in 1 contract
Samples: Syndicated Facility Agreement (A.K.A. Brands Holding Corp.)
Maintenance of Insurance. a. Except as otherwise provided in subsection (b) of this Section 5.09, the Servicer shall cause to be maintained with respect to each Contract one or more Hazard Insurance Policies which provide, at a minimum, the same coverage as a standard form fire and extended coverage insurance policy that is customary for manufactured housing, issued by a company authorized to issue such policies in the state in which the related Manufactured Home is located and in an amount which is not less than the maximum insurable value of such Manufactured Home or the principal balance due from the Obligor on the related Contract, whichever is less; provided, however, that the amount of coverage provided by each Hazard Insurance Policy shall be sufficient to avoid the application of any co- insurance clause contained therein; and provided, further, that such Hazard Insurance Policies may provide for customary deductible amounts. With respect to: (a) The Borrower willa Manufactured Home securing an FHA/VA Contract, and will cause each of the Restricted Subsidiaries toif such Manufactured Home's location was, at all times maintain in full force and effect, with insurance companies that the Borrower believes (in the good-faith judgment of the management of the Borrower) are financially sound and responsible at the time the relevant coverage is placed or renewed, insurance in at least such amounts (after giving effect to any self-insurance which the Borrower believes (in the good-faith judgment of management origination of the Borrower) is reasonable and prudent in light of the size and nature of its business) and against at least such risks (and with such risk retentions) as are usually insured against in the same general area by companies engaged in businesses similar to those engaged by the Borrower and the Restricted Subsidiaries; and will furnish to the Administrative Agent for further delivery to the Lendersrelated FHA/VA Contract, upon written request from the Administrative Agent, information presented in reasonable detail as to the insurance so carried. The Collateral Agent, for the benefit of the Secured Parties, shall be the additional insured on any such liability insurance and the Collateral Agent, for the benefit of the Secured Parties, shall be the additional loss payee or additional mortgagee under any such casualty or property insurance, except in each case as the Collateral Agent and the Borrower may otherwise agree.
(b) If any buildings or improvements comprising of any Mortgaged Property are at any time located in an area identified by the Federal Emergency Management Agency (or any successor agency) as within a federally designated special flood hazard area with respect to which area, the Servicer shall also cause such flood insurance has been made available under the Flood Insurance Laws, then the Borrower shall, or shall cause the applicable Credit Parties to, solely to the extent required by Applicable Law, (i) maintain, or cause to be maintained, with which coverage shall be at least equal to the minimum amount specified in the preceding sentence or such lesser amount as may be available under the federal flood insurance program; and (b) any Contract that is not an FHA/VA Contract, the Company shall obtain (i) a financially sound and reputable insurer (determined statement from the Obligor's insurance agent that the Manufactured Home was, at the time such insurance is obtained of origination of the Contract, not in a 5-6 federally designated special flood hazard area, or renewed)(ii) evidence that, at the time of origination, flood insurance was in an effect, which coverage was at least equal to the minimum amount specified in the preceding sentence or such lesser amount as may be available under the federal flood insurance program. Each Hazard Insurance Policy caused to be maintained by the Servicer shall contain a standard loss payee clause in favor of the Servicer and otherwise sufficient its successors and assigns. If any Obligor is in default in the payment of premiums on its Hazard Insurance Policy or Policies, the Servicer shall pay such premiums out of its own funds and may separately add such premium to comply the Obligor's obligation as provided by the Contract, but shall not add such premium to the remaining principal balance of the Contract.
b. The Servicer may, in lieu of causing individual Hazard Insurance Policies to be maintained with all applicable rules and regulations promulgated respect to each Manufactured Home pursuant to subsection (a) of this Section 5.09, and shall, to the Flood extent that the related Contract does not require the Obligor to maintain a Hazard Insurance Laws Policy with respect to the related Manufactured Home, maintain one or more blanket insurance policies covering losses on the Obligor's interest in the Contracts resulting from the absence or insufficiency of individual Hazard Insurance Policies. Any such blanket policy shall be substantially in the form and in the amount carried by the Servicer as of the date of this Agreement. The Servicer shall pay the premium for such policy on the basis described therein and shall deposit into the Certificate Account from its own funds any deductible amount with respect to claims under such blanket insurance policy relating to the Contracts. The Servicer shall not, however, be required to deposit any deductible amount with respect to claims under individual Hazard Insurance Policies maintained pursuant to subsection (a) of this Section. If the insurer under such blanket insurance policy shall cease to be acceptable to the Servicer, the Servicer shall exercise its best reasonable efforts to obtain from another insurer a replacement policy comparable to such policy.
c. With respect to each Manufactured Home that has been repossessed in connection with a defaulted Contract, the Servicer shall either (i) maintain one or more Hazard Insurance Policies thereon or (ii) self-insure such Manufactured Homes and deposit into the Certificate Account from its own funds any losses caused by damage to such Manufactured Home that would have been covered by a Hazard Insurance Policy.
d. The Servicer shall keep in force throughout the term of this Agreement (i) a policy or policies of insurance covering errors and omissions for failure to maintain insurance as required by this Agreement and (ii) deliver to the Collateral Agent evidence a fidelity bond. Such policy or policies and such fidelity bond shall be in such form and amount as is generally customary among Persons which service a portfolio of such compliance in form reasonably manufactured housing installment sales contracts and installment loan agreements having an aggregate principal amount of $100,000,000 or more and which are generally regarded as servicers acceptable to the Collateral Agent.institutional investors. 5-7
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Green Tree Financial Corp)
Maintenance of Insurance. (a) The Borrower will, and will cause each of the Restricted Subsidiaries Material Subsidiary to, at all times maintain in full force and effect, pursuant to self-insurance arrangements or with insurance companies that the Borrower believes (in the good-good faith judgment of the management of the Borrower) are financially sound and responsible at the time the relevant coverage is placed or renewed, insurance in at least such amounts (after giving effect to any self-insurance which the Borrower believes (in the good-good faith judgment of management of the Borrower) is reasonable and prudent in light of the size and nature of its businessbusiness and the availability of insurance on a cost-effective basis) and against at least such risks (and with such risk retentions) as are usually insured against the Borrower believes (in the same general area by companies engaged good faith judgment of management of the Borrower) is reasonable and prudent in businesses similar to those engaged by light of the Borrower size and nature of its business and the Restricted Subsidiariesavailability of insurance on a cost-effective basis; and will furnish to the Administrative Agent for further delivery to the LendersAgent, upon promptly following written request from the Administrative Agent, information presented in reasonable detail as to the insurance so carried. The Collateral Agentcarried (provided that, for so long as no Event of Default has occurred and is continuing, the benefit of the Secured Parties, Administrative Agent shall be entitled to make such request only once in any calendar year) and (b) with respect to any Mortgaged Property, the additional insured on any Borrower will obtain flood insurance in such liability insurance and total amount as may reasonably be required by the Collateral Agent, for if at any time the benefit of the Secured Parties, shall be the additional loss payee or additional mortgagee under area in which any such casualty or property insurance, except in each case as the Collateral Agent and the Borrower may otherwise agree.
(b) If any buildings or improvements comprising of located on any Mortgaged Property are at is designated a “special flood hazard area” in any time located in an area identified Flood Insurance Rate Map published by the Federal Emergency Management Agency (or any successor agency) ), and otherwise comply with the National Flood Insurance Program as a special flood hazard area with respect to which flood insurance has been made available under set forth in the Flood Insurance Laws, then the Borrower shall, or Disaster Protection Act of 1973. Each such policy of insurance shall cause the applicable Credit Parties to, solely to the extent required by Applicable Law, (i) maintainin the case of each general liability and umbrella liability insurance policy, or cause to be maintainedname the Collateral Agent, with a financially sound and reputable insurer (determined at on behalf of the time such insurance is obtained or renewed), flood insurance in Secured Parties as an amount and otherwise sufficient to comply with all applicable rules and regulations promulgated pursuant to the Flood Insurance Laws additional insured thereunder as its interests may appear and (ii) deliver to in the Collateral Agent evidence case of such compliance in form reasonably acceptable to each casualty insurance policy, contain a loss payable clause or endorsement that names the Collateral Agent, on behalf of the Secured Parties as a loss payee thereunder.
Appears in 1 contract
Samples: Credit Agreement (Blue Coat, Inc.)
Maintenance of Insurance. (a) The Borrower will, and will cause each of the Restricted Subsidiaries to, at all times maintain in full force and effect, Maintain with insurance companies that the Borrower believes (in the good-faith judgment of the management of the Borrower) are financially sound and responsible at the time the relevant coverage is placed or renewedreputable insurance companies not Affiliates of either Borrower, insurance with respect to its properties and business against loss or damage of the kinds customarily insured against by Persons engaged in at least the same or similar business, of such types and in such amounts (after giving effect to any self-insurance which compatible with the Borrower believes (in the good-faith judgment of management of the Borrower) is reasonable and prudent in light of the size and nature of its business) and against at least such risks (and with such risk retentionsfollowing standards) as are usually insured against in the same general area customarily carried under similar circumstances by companies engaged in businesses similar to those engaged by the Borrower such other Persons and the Restricted Subsidiaries; and will furnish providing for not less than 30 days’ prior notice to the Administrative Agent for further delivery to the Lendersof termination, upon written request from the Administrative Agent, information presented in reasonable detail as to the insurance so carriedlapse or cancellation of such insurance. The Collateral Agent, for the benefit of the Secured Parties, shall be the additional insured on any such liability insurance and the Collateral Agent, for the benefit of the Secured Parties, shall be the additional loss payee or additional mortgagee under any such casualty or property insurance, except in each case as the Collateral Agent and the Borrower may otherwise agree.
(b) If any buildings or improvements comprising of any Mortgaged Property are at any time located the area in an area identified which any real property constituting, or that is required to become, Mortgaged Property is designated a “special flood hazard area” in any Flood Insurance Rate Map published by the Federal Emergency Management Agency (or any successor agency) as a special indicated in any applicable flood hazard area certificate, the US Borrower (unless such applicable Mortgage includes Exclusionary Flood Language as elected by the Administrative Agent (after consultation with the US Borrower) pursuant to Section 6.11(a)(vi)(A)(1)) shall, and shall cause each of its Restricted Subsidiaries to, obtain flood insurance in such total amount as required by Regulation H of the FRB, as from time to time in effect and all official rulings and interpretations thereunder or thereof, and otherwise comply with the National Flood Insurance Program as set forth in the Flood Disaster Protection Act of 1973, as it may be amended from time to time, and such other applicable Flood Insurance Laws; provided that, to the extent such applicable Loan Party fails to obtain or maintain satisfactory flood insurance required pursuant to this Section 6.07 with respect to which flood any Mortgaged Property, the Administrative Agent shall be permitted, in its reasonable discretion, to obtain forced placed insurance has been made available under at the Borrowers’ expense to ensure compliance with any applicable Flood Insurance Laws, then the Borrower shall, or shall cause the applicable Credit Parties to, solely to the extent required by Applicable Law, (i) maintain, or cause to be maintained, with a financially sound and reputable insurer (determined at the time such insurance is obtained or renewed), flood insurance in an amount and otherwise sufficient to comply with all applicable rules and regulations promulgated pursuant to the Flood Insurance Laws and (ii) deliver to the Collateral Agent evidence of such compliance in form reasonably acceptable to the Collateral Agent.
Appears in 1 contract
Samples: Credit Agreement (USD Partners LP)
Maintenance of Insurance. (a) The Borrower will, and will cause each of the Restricted Subsidiaries to, at all times maintain in full force and effect, with insurance companies that the Borrower believes (in the good-good faith judgment of the management of the Borrower) are financially sound and responsible at the time the relevant coverage is placed or renewed, insurance in at least such amounts (after giving effect to any self-insurance which the Borrower believes (in the good-good faith judgment of management of the Borrower) is reasonable and prudent in light of the size and nature of its business) and against at least such risks (and with such risk retentions) as are usually insured against in the same general area by companies engaged in businesses similar to those engaged by the Borrower and the Restricted Subsidiaries; and will furnish to the Administrative Agent for further delivery to the Lenders, upon written request from the Administrative Agent, information presented in reasonable detail as to the insurance so carried. The Collateral Agent, for the benefit of the Secured Parties, Parties shall be the additional insured on any such liability insurance and the Collateral Agent, for the benefit of the 152 LPL – Conformed A&R Credit Agreement Secured Parties, shall be the additional loss payee or additional mortgagee under any such casualty or property insurance, except in each case as the Collateral Agent and the Borrower may otherwise agree.
(b) . If any buildings or improvements comprising portion of any Mortgaged Property are at any time is located in an area identified by the Federal Emergency Management Agency (or any successor agency) as a special flood hazard area with respect to which flood insurance has been made available under the Flood Insurance Laws, then the Borrower shall, or shall cause the applicable Credit Parties to, solely Party to the extent required by Applicable Law, (i) maintain, or cause to be maintained, with a financially sound and reputable insurer (determined at the time such insurance is obtained or renewedobtained), flood insurance in an amount and otherwise sufficient to comply with all applicable rules and regulations promulgated pursuant to the Flood Insurance Laws and (ii) deliver to the Collateral Agent, for further posting by the Collateral Agent to the Lenders on the Platform, evidence of such compliance in form reasonably acceptable to the Collateral Agentcompliance.
Appears in 1 contract
Maintenance of Insurance. (a) The Borrower will, and will cause each of the Restricted Subsidiaries to, at all times maintain in full force and effect, Maintain with insurance companies that the Borrower believes (in the good-faith judgment of the management of the Borrower) are financially sound and responsible at the time the relevant coverage is placed or renewedreputable insurance companies not Affiliates of Borrower, insurance with respect to its properties and business against loss or damage of the kinds customarily insured against by Persons engaged in at least the same or similar business, of such types and in such amounts (after giving effect to any self-insurance which compatible with the Borrower believes (in the good-faith judgment of management of the Borrower) is reasonable and prudent in light of the size and nature of its business) and against at least such risks (and with such risk retentionsfollowing standards) as are usually customarily carried under similar circumstances by such other Persons; and (b) use its commercially reasonable efforts to cause the operator of its oil and gas properties to keep its oil and gas properties insured at all times against risks and to the extent that like properties are customarily insured by other operators engaged in the same general area by companies engaged in businesses or similar to those engaged activities. All such insurance policies maintained by the Loan Parties (but not those provided by other operators) shall (1) provide that Lender shall receive from Borrower and the Restricted Subsidiariesprompt notice of any claims filed thereunder in an amount greater than $1,000,000; and contain a standard mortgagee clause in favor of Lender with loss payable for all claims in excess of $500,000 to Lender; and (3) provide that the issuing insurer will furnish endeavor to the Administrative Agent for further delivery to the Lenders, upon written request from the Administrative Agent, information presented in reasonable detail as to the insurance so carried. The Collateral Agent, for the benefit of the Secured Parties, shall be the additional insured on any such liability insurance and the Collateral Agent, for the benefit of the Secured Parties, shall be the additional loss payee or additional mortgagee under any such casualty or property insurance, except in each case as the Collateral Agent and the Borrower may otherwise agree.
provide thirty (b30) If any buildings or improvements comprising of any Mortgaged Property are at any time located in an area identified by the Federal Emergency Management Agency days' notice (or any successor agencyten (10) as a special flood hazard area days' notice with respect to which flood non-payment of premiums) of any adverse alteration or cancellation thereof. Borrower shall deliver to Lender certificates of insurance has been made available under on the Flood Insurance LawsClosing Date and thereafter as and when requested by Lender (but not more often than two times per year unless an Event of Default exists). Without limiting the foregoing, then the Borrower shall, or shall and shall cause the applicable Credit Parties to, solely each appropriate Loan Party to the extent required by Applicable Law, (i) maintain, or cause to be maintainedif available, with a financially sound and reputable insurer fully paid flood hazard insurance on all Buildings (determined at as defined in the time such insurance is obtained or renewed), flood insurance in an amount and otherwise sufficient to comply with all applicable rules and regulations promulgated pursuant to the Flood Insurance Laws Regulations) included as Collateral located on any real property that is located in a special flood hazard area, on such terms and in such amounts as required by the applicable Flood Insurance Regulations, (ii) deliver upon Lender’s reasonable request furnish to Lender evidence of the renewal (and payment of renewal premiums therefor) of all such policies prior to the Collateral Agent evidence expiration or lapse thereof, and (iii) furnish to Lender, upon Borrower's knowledge, prompt written notice of any redesignation of any such compliance in form reasonably acceptable to the Collateral Agentimproved real property into or out of a special flood hazard area.
Appears in 1 contract
Maintenance of Insurance. (a) The Borrower will, and will cause each of the Restricted Subsidiaries Subsidiary to, at all times maintain in full force and effect, pursuant to self-insurance arrangements or with insurance companies that the Borrower believes (in the good-faith judgment of the management of the Borrower) are financially sound and responsible at the time the relevant coverage is placed or renewed, insurance in at least such amounts (after giving effect to any self-insurance which the Borrower believes (in the good-faith judgment of management of the Borrower) is reasonable and prudent in light of the size and nature of its business) and against at least such risks (and with such risk retentions) as are usually insured against in the same general area by companies engaged in businesses the same or a similar to those engaged by the Borrower and the Restricted Subsidiariesbusiness; and will furnish to the Administrative Agent for further delivery to the Lenders, upon reasonable written request from the Administrative Agent, information presented in reasonable detail as to the insurance so carried. The Collateral Agent, for the benefit of the Secured Parties, shall be the additional insured on any such liability insurance and the Collateral Agent, for the benefit of the Secured Parties, shall be the additional loss payee or additional mortgagee under any such casualty or property insurance, except in each case as the Collateral Agent and the Borrower may otherwise agree.
(b) If All such insurance shall (i) provide that no cancellation, material reduction in amount or material change in coverage thereof shall be effective until at least 30 days after receipt by the Collateral Agent of written notice thereof, and (ii) name the Collateral Agent as mortgagee (in the case of property insurance) or additional insured on behalf of the Secured Parties (in the case of liability insurance) or loss payee (in the case of property insurance), as applicable.
(c) With respect to each Mortgaged Property, obtain flood insurance in such total amount as the Administrative Agent may from time to time require, if at any buildings or time the area in which any improvements comprising of located on any Mortgaged Property are at is designated a “flood hazard area” in any time located in an area identified Flood Insurance Rate Map published by the Federal Emergency Management Agency (or any successor agency) ), and otherwise comply with the National Flood Insurance Program as a special flood hazard area with respect to which flood insurance has been made available under set forth in the Flood Disaster Protection Act of 1973, as amended from time to time.
(d) No Credit Party that is an owner of Mortgaged Property shall take any action that is reasonably likely to be the basis for termination, revocation or denial of any insurance coverage required to be maintained under such Credit Party’s respective Mortgage or that could be the basis for a defense to any claim under any Insurance LawsPolicy maintained in respect of the Premises, then and each Credit Party shall otherwise comply in all material respects with all Insurance Requirements in respect of the Borrower shallpremises; provided, or shall cause the applicable however, that each Credit Parties toParty may, solely to the extent required by Applicable Lawat its own expense, (i) maintain, contest the applicability or cause to be maintained, with a financially sound and reputable insurer (determined at the time enforceability of any such insurance is obtained Insurance Requirements by appropriate legal proceedings or renewed), flood insurance in an amount and otherwise sufficient to comply with all applicable rules and regulations promulgated pursuant to the Flood Insurance Laws and (ii) deliver cause the Insurance Policy containing any such Insurance Requirement to be replaced by a new policy complying with the Collateral Agent evidence provisions of such compliance in form reasonably acceptable to the Collateral Agentthis Section 8.3.
Appears in 1 contract
Samples: Credit Agreement (Univar Inc.)
Maintenance of Insurance. (a) The Borrower will, and will cause each of the Restricted Subsidiaries to, at all times maintain in full force and effect, Maintain with insurance companies that the Borrower believes (in the good-faith judgment of the management of the Borrower) are financially sound and responsible at the time the relevant coverage is placed or renewedreputable insurance companies, insurance with respect to its properties and business against loss or damage of the kinds customarily insured against by Persons engaged in at least similar businesses, in each case in such amounts (after giving effect to any self-insurance which the Borrower believes (in the good-faith judgment of management of the Borrower) is reasonable and prudent in light of the size and nature of its business) and against at least insurance), with such deductibles, covering such risks and otherwise on such terms and conditions as shall be customary for such Persons. Each such policy of insurance (other than worker’s compensation, directors and with officers liability or other insurance where such risk retentionsendorsements or additions are not customarily available) as are usually insured against in shall (i) name the same general area by companies engaged in businesses similar to those engaged by the Borrower and the Restricted Subsidiaries; and will furnish to the Administrative Agent for further delivery to the Lenders, upon written request from the Administrative Agent, information presented in reasonable detail as to the insurance so carried. The Collateral Agent, for on behalf of the benefit Secured Parties as an additional insured thereunder as its interests may appear and (ii) in the case of each casualty insurance policy, contain a loss payable clause or endorsement, reasonably satisfactory in form and substance to the Collateral Agent, that names the Collateral Agent, on behalf of the Secured Parties, shall be as the additional insured on any such liability insurance lender’s loss payee/mortgagee thereunder and the Collateral Agent, provides for the benefit of the Secured Parties, shall be the additional loss payee or additional mortgagee under any such casualty or property insurance, except in each case as at least thirty days’ prior written notice to the Collateral Agent and of any modification or cancellation of such policy, in each case, to the Borrower may otherwise agree.extent acceptable to the insurer. PRIVATE & CONFIDENTIAL SUBJECT TO FRE 408 & ITS EQUIVALENTS
(b) If any buildings or improvements comprising portion of any Mortgaged Property are is at any time located in an area identified by the Federal Emergency Management Agency (or any successor agency) as a special flood hazard area Special Flood Hazard Area with respect to which flood insurance has been made available under the National Flood Insurance LawsAct of 1968 (as in effect on the Closing Date or thereafter or any successor act thereto), then the Borrower shall, or shall cause the applicable Credit Parties each Loan Party to, solely to the extent required by Applicable Law, (i) maintain, or cause to be maintained, with a financially sound and reputable insurer (determined at the time such insurance is obtained or renewed)insurer, flood insurance in an amount and otherwise sufficient to comply with all applicable rules and regulations promulgated pursuant to the Flood Insurance Laws and (ii) deliver to the Collateral Agent evidence of such compliance in form and substance reasonably acceptable to the Collateral Agent.
Appears in 1 contract
Samples: Term Loan Credit Agreement (CommScope Holding Company, Inc.)
Maintenance of Insurance. (a) The Borrower will, and will cause each of the Restricted Subsidiaries Material Subsidiary to, at all times maintain in full force and effect, pursuant to self-insurance arrangements or with insurance companies that the Borrower believes (in the good-good faith judgment of the management of the Borrower) are financially sound and responsible at the time the relevant coverage is placed or renewed, insurance in at least such amounts (after giving effect to any self-insurance which the Borrower believes (in the good-good faith judgment of management of the Borrower) is reasonable and prudent in light of the size and nature of its businessbusiness and the availability of insurance on a cost-effective basis) and against at least such risks (and with such risk retentions) as are usually insured against the Borrower believes (in the same general area by companies engaged good faith judgment of management of the Borrower) is reasonable and prudent in businesses similar to those engaged by light of the Borrower size and nature of its business and the Restricted Subsidiariesavailability of insurance on a cost-effective basis; and will furnish to the Administrative Agent for further delivery to the LendersAgent, upon promptly following written request from the Administrative Agent, information presented in reasonable detail as to the insurance so carried. The Collateral Agent, for the benefit of the Secured Parties, shall be the additional insured on any such liability insurance carried and the Collateral Agent, for the benefit of the Secured Parties, shall be the additional loss payee or additional mortgagee under any such casualty or property insurance, except in each case as the Collateral Agent and the Borrower may otherwise agree.
(b) If if at any buildings or time the area in which any improvements comprising of located on any Mortgaged Property are at any time located in an area identified is designated by the Federal Emergency Management Agency (or any successor agency) as a special flood hazard area with respect to which flood insurance has been made available under the Flood Insurance Laws, then the Borrower shall, or shall cause the each applicable Credit Parties toParty, solely to the extent required by Applicable Law, (i) maintain, or cause to be maintained, with a financially sound and reputable insurer (determined at the time such insurance is obtained or renewed)insurer, flood insurance in an amount and otherwise sufficient to comply with all applicable rules and regulations promulgated pursuant to the Flood Insurance Laws, (ii) cooperate with the Administrative Agent and provide information reasonably required by the Administrative Agent to comply with the Flood Insurance Laws and (iiiii) deliver to the Collateral Administrative Agent evidence of such compliance in form and substance reasonably acceptable to the Administrative Agent, including, without limitation, evidence of annual renewals of such insurance. Each such policy of general liability (including excess and umbrella general liability), property or casualty insurance shall (i) in the case of each general liability (including excess and umbrella general liability) insurance policy, name the Collateral Agent, on behalf of the Secured Parties, as an additional insured thereunder as its interests may appear and (ii) in the case of each property or casualty insurance policy, contain a loss payable clause or endorsement that names the Collateral Agent, on behalf of the Secured Parties, as the loss payee thereunder; provided that, unless an Event of Default shall have occurred and be continuing and subject to Section 5.2, (A) all proceeds from insurance policies shall be paid to the Borrower or applicable Guarantor, (B) to the extent the Collateral Agent receives any proceeds, the Collateral Agent shall, promptly following receipt of an Officer’s Certificate of the Borrower certifying that no Event of Default has occurred and is continuing, turn over to the Borrower any amounts received by it as an additional insured or loss payee under any property insurance maintained by the Borrower or any of its Subsidiaries, and (C) the Collateral Agent agrees that the Borrower and its Subsidiaries shall have the sole right to adjust or settle any claims under such insurance.
Appears in 1 contract
Maintenance of Insurance. (a) The Borrower willMaster Servicer on behalf of the Trustee, as mortgagee, shall use its reasonable efforts in accordance with the servicing standards set forth in the FNMA Guide to cause the related Mortgagor to maintain for each Mortgage Loan (other than any Mortgage Loan as to which the related Mortgaged Property has become an REO Property), and will cause each of if the Restricted Subsidiaries toMortgagor does not so maintain, at all times shall itself maintain in full force and effect, with insurance companies that the Borrower believes (in the good-faith judgment of the management of the Borrower) are financially sound and responsible at the time the relevant coverage is placed or renewed, insurance in at least such amounts (after giving effect to any self-insurance which the Borrower believes (in the good-faith judgment of management of the Borrower) is reasonable and prudent in light of the size and nature of its business) and against at least such risks (and with such risk retentions) as are usually insured against in the same general area by companies engaged in businesses similar to those engaged by the Borrower and the Restricted Subsidiaries; and will furnish subject to the Administrative Agent for further delivery to the Lenders, upon written request from the Administrative Agent, information presented in reasonable detail as to the insurance so carried. The Collateral Agent, for the benefit provisions of the Secured Parties, shall be the additional insured on any such liability insurance and the Collateral Agent, for the benefit of the Secured Parties, shall be the additional loss payee or additional mortgagee under any such casualty or property insurance, except in each case as the Collateral Agent and the Borrower may otherwise agree.
(bthis Agreement concerning Nonrecoverable dances) If any buildings or improvements comprising of any Mortgaged Property are at any time located in an area identified by the Federal Emergency Management Agency (or any successor agency) as a special flood hazard area with respect to which flood insurance has been made available under the Flood Insurance Laws, then the Borrower shall, or shall cause the applicable Credit Parties to, solely to the extent required by Applicable Law, the Trustee as mortgagee has an insurable interest and to the extent available at commercially reasonable rates (A) fire and hazard insurance with extended coverage on the related Mortgaged Property in an amount which is at least equal to the lesser of (i) maintain100% of the then "full replacement cost" of the improvements and equipment (excluding foundations, or cause to be maintained, with a financially sound footings and reputable insurer (determined at the time such insurance is obtained or renewedexcavation costs), flood insurance in an amount and otherwise sufficient to comply with all applicable rules and regulations promulgated pursuant to the Flood Insurance Laws without deduction for physical depreciation, and (ii) deliver the outstanding principal balance of the related Mortgage Loan or such other amount as is necessary to prevent any reduction in such policy by reason of the application of co-insurance and to prevent the Trustee thereunder from being deemed to be a co-insurer, in each case with a replacement cost rider and (B) such other insurance as provided in the related Mortgage Loan. The Master Servicer shall maintain, to the Collateral Agent evidence extent available at commercially reasonable rates, fire and hazard insurance from a Qualified Insurer with extended coverage on each REO Property in an amount which is at least equal to 100% of the then "full replacement cost" of the improvements and equipment (excluding foundations, footings and excavation costs), without deduction for physical depreciation. The Master Servicer shall maintain, to the extent available at commercially reasonable rates, from a Qualified Insurer, with respect to each REO Property such other insurance as provided in the related Mortgage Loan. In the case of any insurance otherwise required to be maintained pursuant to this Section that is not being so maintained because the Master Servicer has deemed that it is not available at commercially reasonable rates, the Master Servicer shall deliver an Officer's Certificate to the Trustee detailing the steps that the Master Servicer took in seeking such insurance and the factors which led to its determination that such insurance is not so available. Any amounts collected by the Master Servicer under any such policies (other than amounts to be applied to the restoration or repair of the related Mortgaged Property or amounts to be released to the Borrower in accordance with the terms of the related Mortgage) shall be deposited into the Collection Account pursuant to Section 8.08(c), subject to withdrawal pursuant to Section 8.08(d). Any cost incurred by the Master Servicer in maintaining any such insurance shall not, for the purpose of calculating distributions to Owners, be added to the unpaid principal balance of the related Mortgage Loan, notwithstanding that the terms of such compliance in form reasonably acceptable Mortgage Loan so permit. It is understood and agreed that no earthquake or other additional insurance other than flood insurance is to be required of any Mortgagor or to be maintained by the Master Servicer other than pursuant to the Collateral Agent.terms of the related Mortgage, Note or other Mortgage Loan documents and pursuant to such applicable laws and regulations as shall at any time be in force and as shall require such additional insurance. If the Mortgaged Property is located in a federally designated special flood hazard area, the Master Servicer will use its reasonable efforts in accordance with the servicing standards set forth in the FNMA Guide to cause the related Mortgagor to maintain or will itself obtain (subject to the provisions of this Agreement concerning
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Block Mortgage Finance Inc)
Maintenance of Insurance. The Borrowers will continuously maintain the following described policies of insurance without cost to the Lender (athe “Insurance Policies”):
(i) The Borrower willCommercial general liability insurance, including death, bodily injury and will cause each of the Restricted Subsidiaries to, at all times maintain broad form property damage coverage with a combined single limit in full force an amount not less than one million dollars ($1,000,000) per occurrence and effect, with insurance companies that the Borrower believes two million dollars ($2,000,000) in the good-faith judgment of the management of the Borrower) are financially sound and responsible at the time the relevant coverage is placed or renewed, insurance in at least such amounts (after giving effect to aggregate for any self-insurance which the Borrower believes (in the good-faith judgment of management of the Borrower) is reasonable and prudent in light of the size and nature of its business) and against at least such risks (and with such risk retentions) as are usually insured against in the same general area by companies engaged in businesses similar to those engaged by the Borrower and the Restricted Subsidiaries; and will furnish to the Administrative Agent for further delivery to the Lenders, upon written request from the Administrative Agent, information presented in reasonable detail as to the insurance so carried. The Collateral Agent, for the benefit of the Secured Parties, shall be the additional insured on any such liability insurance and the Collateral Agent, for the benefit of the Secured Parties, shall be the additional loss payee or additional mortgagee under any such casualty or property insurance, except in each case as the Collateral Agent and the Borrower may otherwise agree.policy year;
(bii) If any buildings or improvements comprising of any Mortgaged Property are at any time For each Site (other than the Managed Sites) located in an area identified by the Federal Emergency Management Agency (whole or any successor agency) as in part in a federally designated “special flood hazard area with respect to which area”, flood insurance has been made available under the Flood Insurance Laws, then the Borrower shall, or shall cause the applicable Credit Parties to, solely to the extent required by Applicable Law, law and available at federally subsidized rates;
(iiii) maintain, or cause to be maintained, An umbrella excess liability policy with a financially sound limit of not less than ten million dollars ($10,000,000) over primary insurance, which policy shall include coverage for water damage, so‑called assumed and reputable insurer contractual liability coverage, premises medical payment and automobile liability coverage, and coverage for safeguarding of personalty and shall also include such additional coverages and insured risks which are acceptable to the Lender;
(determined at the time such iv) Business interruption and/or rent loss insurance is obtained or renewed), flood with an aggregate limit equal to $5,000,000;
(v) Property insurance in an amount equal to $5,000,000; and
(vi) During any period of construction, repair or restoration, builders “all risk” insurance in an amount equal to not less than the full insurable value of the applicable Sites. All Insurance Policies shall be in content (including, without limitation, endorsements or exclusions, if any), form, and otherwise sufficient to comply with all applicable rules amounts, and regulations promulgated pursuant issued by companies, satisfactory to the Flood Insurance Laws Lender from time to time and shall name the Lender and its successors and assignees as their interests may appear as an “additional insured” or “loss payee” for each of the liability policies under this Section 5.4 and shall (iiexcept for Worker’s Compensation Insurance) deliver to the Collateral Agent evidence contain a waiver of such compliance in form subrogation clause reasonably acceptable to the Collateral AgentLender. All Insurance Policies under Sections 5.4(ii), (iv), and (v), hereof with respect to the Mortgaged Sites shall contain a Non‑Contributory Standard mortgagee clause and a mortgagee’s Loss Payable Endorsement (Form 438 BFU NS), or their equivalents (such endorsements shall entitle the Lender to collect any and all proceeds payable under all such insurance, with the insurance company waiving any claim or defense against the Lender for premium payment, deductible, self‑insured retention or claims reporting provisions). All Insurance Policies shall provide that the coverage shall not be modified without thirty (30) days’ advance written notice to the Lender and shall provide that no claims shall be paid thereunder to a Person other than the Lender without ten (10) days’ advance written notice to the Lender. The Borrowers may obtain any insurance required by this Section through blanket policies; provided, however, that such blanket policies shall separately set forth the amount of insurance in force (together with applicable deductibles, and per occurrence limits) with respect to the Sites and shall afford all the protections to the Lender as are required under this Section. Except as may be expressly provided above, all policies of insurance required hereunder shall contain no annual aggregate limit of liability, other than with respect to liability insurance. If a blanket policy is issued, a certified copy of said policy shall be furnished, ‑63‑ together with a certificate indicating that the Lender is an additional insured (and, if applicable, loss payee) under such policy in the designated amount. The Borrowers will deliver duplicate originals of all Insurance Policies, premium prepaid for a period of one (1) year, to the Lender and, in case of Insurance Policies about to expire, the Borrowers will deliver duplicate originals of replacement policies satisfying the requirements hereof to the Lender prior to the date of expiration; provided, however, if such replacement policy is not yet available, the Borrowers shall provide the Lender with an insurance certificate executed by the insurer or its authorized agent evidencing that the insurance required hereunder is being maintained under such policy, which certificate shall be acceptable to the Lender on an interim basis until the duplicate original of the policy is available. An insurance company shall not be satisfactory unless such insurance company is licensed or authorized to issue insurance in the State where the applicable Site is located and has a claims paying ability rating by the Rating Agencies of “A” (or its equivalent). With Rating Agency Confirmation, the Borrowers may satisfy any of the obligations under this Section 5.4 through self-insurance. Notwithstanding the foregoing, a carrier which does not meet the foregoing ratings requirement shall nevertheless be deemed acceptable hereunder, provided that such carrier is reasonably acceptable to the Lender and the Borrowers shall obtain and deliver to the Lender a Rating Agency Confirmation with respect to such carrier from each of the Rating Agencies. If any insurance coverage required under this Section 5.4 is maintained by a syndicate of insurers, the preceding ratings requirements shall be deemed satisfied (without any required Rating Agency Confirmation) as long as at least seventy‑five percent (75%) of the coverage (if there are four or fewer members of the syndicate) or at least sixty percent (60%) of the coverage (if there are five or more members of the syndicate) is maintained with carriers meeting the claims‑paying ability ratings requirements by Fitch and Xxxxx’x (if applicable) set forth above and all carriers in such syndicate have a claims‑paying ability rating by Fitch of not less than “BBB” and by Xxxxx’x of not less than “Baa2” (to the extent rated by Xxxxx’x). The Borrowers shall furnish the Lender receipts for the payment of premiums on such insurance policies or other evidence of such payment reasonably satisfactory to the Lender in the event that such premiums have not been paid by the Lender pursuant to the Loan Agreement. The requirements of this Section 5.4 shall apply to any separate policies of insurance taken out by the Borrowers concurrent in form or contributing in the event of loss with the Insurance Policies. Losses shall be payable to the Lender notwithstanding (1) any act, failure to act or negligence of the Borrowers or their agents or employees, the Lender or any other insured party which might, absent such agreement, result in a forfeiture or all or part of such insurance payment, other than the willful misconduct of the Lender knowingly in violation of the conditions of such policy, (2) the occupation or use of the Sites or any part thereof for purposes more hazardous than permitted by the terms of such policy, (3) any foreclosure or other action or proceeding taken pursuant to this Loan Agreement or (4) any change in title to or ownership of the Sites or any part thereof. The property insurance described in this Section 5.4 hereof shall include “underground hazards” coverage; “time element” coverage by which the Lender shall be assured payment of all amounts due under the Notes, this Loan Agreement and the other Loan Documents; “extra expense” (i.e., soft costs), clean‑up, transit and ordinary payroll coverage; and “expediting expense” coverage to facilitate rapid repair or restoration of the Sites. The Insurance Policies shall not contain any deductible in excess of $500,000.
Appears in 1 contract
Samples: Loan and Security Agreement (Sba Communications Corp)
Maintenance of Insurance. The Obligors shall continuously maintain the following described policies of insurance without cost to the Indenture Trustee or the Servicer (athe “Insurance Policies”):
(i) The Borrower willCommercial general liability insurance, including death, bodily injury and will cause each of the Restricted Subsidiaries to, at all times maintain broad form property damage coverage with a combined single limit in full force an amount not less than one million dollars ($1,000,000) per occurrence and effect, with insurance companies that the Borrower believes two million dollars ($2,000,000) in the good-faith judgment of the management of the Borrower) are financially sound and responsible at the time the relevant coverage is placed or renewed, insurance in at least such amounts (after giving effect to aggregate for any self-insurance which the Borrower believes (in the good-faith judgment of management of the Borrower) is reasonable and prudent in light of the size and nature of its business) and against at least such risks (and with such risk retentions) as are usually insured against in the same general area by companies engaged in businesses similar to those engaged by the Borrower and the Restricted Subsidiaries; and will furnish to the Administrative Agent for further delivery to the Lenders, upon written request from the Administrative Agent, information presented in reasonable detail as to the insurance so carried. The Collateral Agent, for the benefit of the Secured Parties, shall be the additional insured on any such liability insurance and the Collateral Agent, for the benefit of the Secured Parties, shall be the additional loss payee or additional mortgagee under any such casualty or property insurance, except in each case as the Collateral Agent and the Borrower may otherwise agree.policy year;
(bii) If any buildings or improvements comprising of any Mortgaged Property are at any time For each Tower Site (other than the Managed Sites) located in an area identified by the Federal Emergency Management Agency (whole or any successor agency) as in part in a federally designated “special flood hazard area with respect to which area”, flood insurance has been made available under the Flood Insurance Laws, then the Borrower shall, or shall cause the applicable Credit Parties to, solely to the extent required by Applicable Law, law and available at federally subsidized rates;
(iiii) maintain, or cause to be maintained, An umbrella excess liability policy with a financially sound limit of not less than ten million dollars ($10,000,000) over primary insurance, which policy shall include coverage for water damage, so-called assumed and reputable insurer contractual liability coverage, premises medical payment and automobile liability coverage, and coverage for safeguarding of personalty and may also include such additional coverages and insured risks which are acceptable to the Servicer;
(determined at the time such iv) Business interruption and/or rent loss insurance is obtained or renewedwith an aggregate limit equal to five million dollars ($5,000,000), flood ;
(v) Property insurance in an amount equal to $5,000,000; and
(vi) During any period of construction, repair or restoration, builders “all risk” insurance in an amount equal to not less than the full insurable value of the applicable Tower Site unless such coverage is being provided under a builders “all risk” insurance policy of a contractor or subcontractor involved in such construction, repair or restoration. All Insurance Policies shall be in content (including, without limitation, endorsements or exclusions, if any), form, and otherwise sufficient to comply with all applicable rules amounts, and regulations promulgated pursuant issued by companies, reasonably satisfactory to the Flood Insurance Laws Servicer from time to time and shall name the Indenture Trustee and its successors and assignees as their interests may appear as an “additional insured” or “loss payee” (iiwith respect to property insurance) deliver to for each of the Collateral Agent evidence policies under this Section 7.05 for which such designation is applicable and shall (except for workers’ compensation) contain a waiver of such compliance in form subrogation clause reasonably acceptable to the Collateral AgentServicer. All Insurance Policies under Sections 7.05(ii), (iv) and (v) with respect to the Mortgaged Tower Sites shall contain a Non-Contributory Standard mortgagee clause and a mortgagee’s Loss Payable Endorsement (Form 438 BFU NS), or their equivalents (such endorsements shall entitle the Indenture Trustee to collect any and all proceeds payable under all such insurance, with the insurance company waiving any claim or defense against the Indenture Trustee for premium payment, deductible, self-insured retention or claims reporting provisions). The Obligors may obtain any insurance required by this Section 7.05 through blanket policies; provided, however, that such blanket policies shall separately set forth the amount of insurance in force (together with applicable deductibles, and per occurrence limits) with respect to the Tower Sites (which shall not be reduced by reason of events occurring on property other than the Tower Sites other than earthquakes, floods or pollution) and shall afford all the protections to the Indenture Trustee as are required under this Section 7.05. Except as may be expressly provided above, all policies of insurance required hereunder shall contain no annual aggregate limit of liability, other than with respect to liability or flood insurance. If a blanket policy is issued, a certified copy of said policy shall be furnished, together with a certificate indicating that the Indenture Trustee is an additional insured (and, if applicable, loss payee) under such policy in the designated amount. Prior to the expiration of any Insurance Policy maintained to satisfy the requirements of this Section 7.05, the Obligors shall deliver to the Indenture Trustee and the Servicer an insurance certificate executed by the insurer or its authorized agent evidencing the renewal of such Insurance Policy, which certificate shall be acceptable to the Indenture Trustee and the Servicer. Upon the request of the Servicer, the Obligors shall deliver to the Servicer a duplicate original of any Insurance Policy maintained to satisfy the requirements hereof. An insurance company shall not be satisfactory unless such insurance company (a) is licensed or authorized to issue insurance in the state where the applicable Tower Site is located and (b) has a claims paying ability rating by S&P of not less than “A” (or its equivalent), by Fitch of not less than “A”, and, if rated by Xxxxx’x, of not less than “Baa2”. With Rating Agency Confirmation, the Obligors may satisfy any of the obligations under this Section 7.05 through self-insurance. Notwithstanding the foregoing, a carrier which does not meet the foregoing ratings requirement shall nevertheless be deemed acceptable hereunder provided that such carrier is reasonably acceptable to the Servicer and the Obligors shall deliver notice to each of the Rating Agencies of the ratings of such carriers. If any insurance coverage required under this Section 7.05 is maintained by a syndicate of insurers, the preceding ratings requirements shall be deemed satisfied as long as at least seventy-five percent (75%) of the coverage (if there are four or fewer members of the syndicate) or at least sixty percent (60%) of the coverage (if there are five or more members of the syndicate) is maintained with carriers meeting the claims-paying ability ratings requirements by S&P, Fitch (if applicable) or Xxxxx’x (if applicable) set forth above and all carriers in such syndicate have a claims-paying ability rating by Fitch of not less than “BBB” (to the extent rated by Fitch), by Xxxxx’x of not less than “Baa2” (to the extent rated by Xxxxx’x) or by S&P of not less than “BBB”. The Obligors shall furnish the Indenture Trustee and the Servicer receipts for the payment of premiums on such insurance policies or other evidence of such payment reasonably satisfactory to the Servicer in the event that such premiums have not been paid by the Manager or the Indenture Trustee pursuant to this Indenture. The requirements of this Section 7.05 shall apply to any separate policies of insurance taken out by the Obligors concurrent in form or contributing in the event of loss with the Insurance Policies. Property Losses shall be payable to the Indenture Trustee notwithstanding (1) any act, failure to act or negligence of the Obligors or their agents or employees, the Indenture Trustee or any other insured party which might, absent such agreement, result in a forfeiture or all or part of such insurance payment, other than the willful misconduct of the Indenture Trustee knowingly in violation of the conditions of such policy, (2) the occupation or use of the Tower Sites or any part thereof for purposes more hazardous than permitted by the terms of such policy, (3) any foreclosure or other action or proceeding taken pursuant to this Indenture or (4) any change in title to or ownership of the Tower Sites or any part thereof. For purposes of determining whether the required insurance coverage is being maintained hereunder, each of the Indenture Trustee and Servicer shall be entitled to rely solely on a certification thereof furnished to it by the Issuer or the Manager, without any obligation to investigate the accuracy or completeness of any information set forth therein, and shall have no liability with respect thereto. The property insurance described in this Section 7.05 shall include “time element” coverage by which the Indenture Trustee shall be assured payment of all amounts due under the Notes, this Indenture and the other Transaction Documents; “extra expense” (i.e., soft costs), clean-up, transit and ordinary payroll coverage; and “expediting expense” coverage to facilitate rapid repair or restoration of the Tower Sites. The Insurance Policies shall not contain any deductible in excess of three hundred thousand dollars ($300,000), with the exception for hurricane coverage with a seven hundred and fifty thousand dollar ($750,000) per occurrence deductible for each “Named Wind” storm and one million dollar ($1,000,000) for flood coverage within the 100 year flood plain.
Appears in 1 contract
Samples: Indenture (American Tower Corp /Ma/)
Maintenance of Insurance. (a) The Borrower will, and Debtor will cause each of the Restricted Subsidiaries to, at all times maintain in full force and effect, with insurance companies that the Borrower believes (in the good-faith judgment of the management of the Borrower) are financially sound and responsible at the time the relevant coverage is placed or renewed, insurance in at least such amounts (after giving effect to any self-insurance which the Borrower believes (in the good-faith judgment of management of the Borrower) is reasonable and prudent in light of the size and nature of its business) and against at least such risks (and with such risk retentions) as are usually insured against in the same general area by companies engaged in businesses similar to those engaged by the Borrower and the Restricted Subsidiaries; and will furnish to the Administrative Agent for further delivery to the Lenders, upon written request from the Administrative Agent, information presented in reasonable detail as to the insurance so carried. The Collateral Agent, for the benefit of the Secured Parties, shall be the additional insured on any such liability insurance and the Collateral Agent, for the benefit of the Secured Parties, shall be the additional loss payee or additional mortgagee under any such casualty or property insurance, except in each case as the Collateral Agent and the Borrower may otherwise agree.
(b) If any buildings or improvements comprising of any Mortgaged Property are at any time located in an area identified by the Federal Emergency Management Agency (or any successor agency) as a special flood hazard area with respect to which flood insurance has been made available under the Flood Insurance Laws, then the Borrower shall, or shall cause the applicable Credit Parties to, solely to the extent required by Applicable Law, (i) maintain, or cause to be maintained, with a financially sound and reputable insurer (determined at the time insurers insurance with respect to its properties and business against such casualties and contingencies as shall be in accordance with general practices of businesses engaged in similar activities in similar geographic areas. All such insurance policies shall (a) be in such minimum amounts that Debtor will not be deemed a co-insurer under applicable insurance laws, regulations and policies, (b) be issued by an insurance company licensed to do business in the state where the property is obtained located having a rating of “A-” VIII or renewed)better by A.M. Best Co., in Best’s Rating Guide, (c) name “JPMorgan Chase Bank, N.A., any and all subsidiaries as their interest may appear” as additional insureds on all liability insurance, (d) be endorsed to show that Borrower’s insurance shall be primary and all insurance carried by Secured Party is strictly excess and secondary and shall not contribute with Borrower’s insurance, (e) be evidenced by a certificate of insurance to be provided to Collateral, (f) include either policy or binder numbers on the Accord form, and (g) otherwise shall be in such amounts, contain such terms, be in such forms and be for such periods as may be reasonably satisfactory to Secured Party. In addition, all such insurance shall be payable to Secured Party as loss payee. Without limiting the foregoing, Debtor will (x) keep all of its physical property insured with casualty or physical hazard insurance on an “all risks” basis, with broad form flood insurance and earthquake coverages and electronic data processing coverage, with a full replacement cost endorsement and an “agreed amount” clause in an amount and otherwise sufficient equal to comply with 100% of the full replacement cost of such property, (y) maintain all applicable rules and regulations promulgated pursuant to the Flood Insurance Laws such workers’ compensation or similar insurance as may be required by law, and (iiz) deliver maintain, in amounts and with deductibles equal to those generally maintained by businesses engaged in similar activities in similar geographic areas, general public liability insurance against claims of bodily injury, death or property damage occurring, on, in or about the Collateral Agent evidence properties of such compliance in form reasonably acceptable to the Collateral AgentDebtor; and business interruption insurance.
Appears in 1 contract
Maintenance of Insurance. (a) The Borrower will, and will cause each of the Restricted Subsidiaries to, at all times maintain in full force and effect, with insurance companies that the Borrower believes (in the good-faith judgment of the management of the Borrower) are financially sound and responsible at the time the relevant coverage is placed or renewed, insurance in at least such amounts (after giving effect to any self-insurance which the Borrower believes (in the good-faith judgment of management of the Borrower) is reasonable and prudent in light of the size and nature of its business) and against at least such risks (and with such risk retentions) as are usually insured against in the same general area by companies engaged in businesses similar to those engaged by the Borrower and the Restricted Subsidiaries; and will furnish to the Administrative Agent for further delivery to the Lenders, upon written request from the Administrative Agent, information presented in reasonable detail as to the insurance so carried. The Collateral Administrative Agent, for the benefit of the Secured Parties, shall be the additional insured on any such liability insurance and the Collateral Administrative Agent, for the benefit of the Secured Parties, shall be the additional loss payee or additional mortgagee under any such casualty or property insurance, except in each case as the Collateral Administrative Agent and the Borrower may otherwise agree.
(b) If any buildings or improvements comprising of any Mortgaged Property are at any time located in an area identified by the Federal Emergency Management Agency (or any successor agency) as a special flood hazard area with respect to which flood insurance has been made available under the Flood Insurance Laws, then the Borrower shall, or shall cause the applicable Credit Loan Parties to, solely to the extent required by Applicable Law, (i) maintain, or cause to be maintained, with a financially sound and reputable insurer (determined at the time such insurance is obtained or renewed), flood insurance in an amount and otherwise sufficient to comply with all applicable rules and regulations promulgated pursuant to the Flood Insurance Laws and (ii) deliver to the Collateral Administrative Agent evidence of such compliance in form reasonably acceptable to the Collateral Administrative Agent.
Appears in 1 contract
Maintenance of Insurance. (a) The Borrower will, and will cause each of the Restricted Subsidiaries to, at all times maintain in full force and effect, Maintain with insurance companies that the Borrower believes (in the good-faith judgment of the management of the Borrower) are financially sound and responsible at the time the relevant coverage is placed or renewedreputable insurance companies not Affiliates of either Borrower, insurance with respect to its properties and business against loss or damage of the kinds customarily insured against by Persons engaged in at least the same or similar business, of such types and in such amounts (after giving effect to any self-insurance which compatible with the Borrower believes (in the good-faith judgment of management of the Borrower) is reasonable and prudent in light of the size and nature of its business) and against at least such risks (and with such risk retentionsfollowing standards) as are usually insured against in the same general area customarily carried under similar circumstances by companies engaged in businesses similar to those engaged by the Borrower such other Persons and the Restricted Subsidiaries; and will furnish providing for not less than 30thirty days’ prior notice to the Administrative Agent for further delivery to the Lendersof termination, upon written request from the Administrative Agent, information presented in reasonable detail as to the insurance so carriedlapse or cancellation of such insurance. The Collateral Agent, for the benefit of the Secured Parties, shall be the additional insured on any such liability insurance and the Collateral Agent, for the benefit of the Secured Parties, shall be the additional loss payee or additional mortgagee under any such casualty or property insurance, except in each case as the Collateral Agent and the Borrower may otherwise agree.
(b) If any buildings or improvements comprising of any Mortgaged Property are at any time located the area in an area identified which any real property constituting, or that is required to become, Mortgaged Property is designated a “special flood hazard area” in any Flood Insurance Rate Map published by the Federal Emergency Management Agency (or any successor agency) as a special indicated in any applicable flood hazard area certificate, the US Borrower (unless such applicable Mortgage includes Exclusionary Flood Language as elected by the Administrative Agent (after consultation with the US Borrower) pursuant to Section 6.11(a)(vi)(A)(1)) shall, and shall cause each of its Restricted Subsidiaries to, obtain flood insurance in such total amount as required by Regulation H of the FRB, as from time to time in effect and all official rulings and interpretations thereunder or thereof, and otherwise comply with the National Flood Insurance Program as set forth in the Flood Disaster Protection Act of 1973, as it may be amended from time to time, and such other applicable Flood Insurance Laws; provided that, to the extent such applicable Loan Party fails to obtain or maintain satisfactory flood insurance required pursuant to this Section 6.07 with respect to which flood any Mortgaged Property, the Administrative Agent shall be permitted, in its reasonable discretion, to obtain forced placed insurance has been made available under at the Borrowers’ expense to ensure compliance with any applicable Flood Insurance Laws, then the Borrower shall, or shall cause the applicable Credit Parties to, solely to the extent required by Applicable Law, (i) maintain, or cause to be maintained, with a financially sound and reputable insurer (determined at the time such insurance is obtained or renewed), flood insurance in an amount and otherwise sufficient to comply with all applicable rules and regulations promulgated pursuant to the Flood Insurance Laws and (ii) deliver to the Collateral Agent evidence of such compliance in form reasonably acceptable to the Collateral Agent.
Appears in 1 contract
Samples: Amendment No. 5 to Amended and Restated Credit Agreement (USD Partners LP)
Maintenance of Insurance. (a) The Holdings and the Borrower will, and will cause each of the Restricted Subsidiaries Material Subsidiary to, at all times maintain in full force and effect, pursuant to self‑insurance arrangements or with insurance companies that the Borrower Holdings believes (in the good-good faith judgment of the management of the BorrowerHoldings) are financially sound and responsible at the time the relevant coverage is placed or renewed, insurance in at least such amounts (after giving effect to any self-insurance self‑insurance which the Borrower Holdings believes (in the good-good faith judgment of management of the BorrowerHoldings) is reasonable and prudent in light of the size and nature of its businessbusiness and the availability of insurance on a cost‑effective basis) and against at least such risks (and with such risk retentions) as are usually insured against Holdings believes (in the same general area by companies engaged good faith judgment of management of Holdings) is reasonable and prudent in businesses similar to those engaged by light of the Borrower size and nature of its business and the Restricted Subsidiariesavailability of insurance on a cost‑effective basis; and will furnish to the Administrative Agent for further delivery to the LendersAgent, upon promptly following written request from the Administrative Agent, information presented in reasonable detail as to the insurance so carried. The Collateral Agentcarried and (b) with respect to each Mortgaged Property, for Holdings will (or will cause the benefit of the Secured Parties, shall applicable Credit Party to) obtain flood insurance in such total amount as may reasonably be the additional insured on any such liability insurance and required by the Collateral Agent, for if at any time the benefit of the Secured Parties, shall be the additional loss payee or additional mortgagee under area in which any such casualty or property insurance, except in each case as the Collateral Agent and the Borrower may otherwise agree.
(b) If any buildings or improvements comprising of located on any Mortgaged Property are at is designated a “special flood hazard area” in any time located in an area identified Flood Insurance Rate Map published by the Federal Emergency Management Agency (or any successor agency) ), and otherwise comply with the National Flood Insurance Program as a special flood hazard area with respect to which flood insurance has been made available under set forth in the Flood Insurance LawsDisaster Protection Act of 1973, then the Borrower shall, or as amended from time to time. Each such policy of insurance shall cause the applicable Credit Parties to, solely to the extent required by Applicable Law, (i) maintainname the Collateral Agent, or cause to be maintained, with a financially sound and reputable insurer (determined at on behalf of the time such insurance is obtained or renewed), flood insurance in Secured Parties as an amount and otherwise sufficient to comply with all applicable rules and regulations promulgated pursuant to the Flood Insurance Laws additional insured thereunder as its interests may appear and (ii) deliver to in the Collateral Agent evidence case of such compliance in form reasonably acceptable to each casualty insurance policy, contain a loss payable clause or endorsement that names the Collateral Agent, on behalf of the Secured Parties as the loss payee thereunder.
Appears in 1 contract
Maintenance of Insurance. (a) The Borrower will, and will cause each of the Restricted Subsidiaries Material Subsidiary to, at all times maintain in full force and effect, pursuant to self-insurance arrangements or with insurance companies that the Borrower believes (in the good-good faith judgment of the management of the Borrower) are financially sound and responsible at the time the relevant coverage is placed or renewed, insurance in at least such amounts (after giving effect to any self-insurance which the Borrower believes (in the good-good faith judgment of management of the Borrower) is reasonable and prudent in light of the size and nature of its businessbusiness and the availability of insurance on a cost-effective basis) and against at least such risks (and with such risk retentions) as are usually insured against the Borrower believes (in the same general area by companies engaged good faith judgment of management of the Borrower) is reasonable and prudent in businesses similar to those engaged by light of the Borrower size and nature of its business and the Restricted Subsidiariesavailability of insurance on a cost-effective basis; and will furnish to the Administrative Agent for further delivery to the LendersAgent, upon promptly following written request from the Administrative Agent, information presented in reasonable detail as to the insurance so carried. The Collateral Agent, for the benefit of the Secured Parties, shall be the additional insured on any such liability insurance carried and the Collateral Agent, for the benefit of the Secured Parties, shall be the additional loss payee or additional mortgagee under any such casualty or property insurance, except in each case as the Collateral Agent and the Borrower may otherwise agree.
(b) If any buildings or improvements comprising of any with respect to each Mortgaged Property are at any time that is located in an area identified by the Federal Emergency Management Agency (or any successor agency) as a “special flood hazard area area” with respect to which flood insurance has been made available under the Flood Insurance Laws, then the Borrower shall, or shall cause the applicable Credit Parties toParty (i) has obtained and will maintain, solely with financially sound and reputable insurance companies (except to the extent required by Applicable Law, (i) maintain, or cause that any insurance company insuring the Mortgaged Property of the Credit Party ceases to be maintainedfinancially sound and reputable after the Closing Date, in which case, the Borrower shall promptly replace such insurance company with a financially sound and reputable insurer (determined at the time such insurance is obtained or renewedcompany), such flood insurance in an such reasonable total amount as the Administrative Agent and the Lenders may from time to time reasonably require, and otherwise sufficient to comply with all applicable rules and regulations promulgated pursuant to the Flood Insurance Laws and (ii) promptly upon request of the Administrative Agent or any Lender, will deliver to the Collateral Administrative Agent or such Lender, as applicable, evidence of such compliance in form and substance reasonably acceptable to the Administrative Agent and such Lender, including, without limitation, evidence of annual renewals of such insurance. Each such policy of insurance shall (i) name the Collateral Agent, on behalf of the Secured Parties as an additional insured thereunder as its interests may appear and (ii) in the case of each casualty insurance policy, contain a mortgagee/loss payable clause or endorsement that names the Collateral Agent, on behalf of the Secured Parties as the mortgagee/loss payee thereunder.
Appears in 1 contract
Samples: Abl Credit Agreement (Academy Sports & Outdoors, Inc.)
Maintenance of Insurance. (a) The Borrower will, Company and each Guarantor will cause each of the Restricted Subsidiaries to, at maintain insurance policies (or self-insurance) on all times maintain in full force and effect, with insurance companies that the Borrower believes (in the good-faith judgment of the management of the Borrower) are financially sound and responsible at the time the relevant coverage is placed or renewed, insurance its property in at least such amounts and against at least such risks as are usually insured against by companies of a similar size engaged in the same or a similar business (after giving effect to any self-insurance which the Borrower believes (in the good-good faith judgment of management of the Borrower) Company is reasonable and prudent in light of the size and nature of its business) and against at least such risks (and with such risk retentions) as are usually insured against in the same each general area by companies engaged in businesses similar to those engaged liability policy of insurance maintained by the Borrower Company or any Guarantor shall name the Collateral Agent, as an additional insured thereunder as its interests may appear and each general property insurance policy maintained by the Company or any Guarantor shall contain a lender loss payable endorsement that names the Collateral Agent, as a joint loss payee thereunder as its interests may appear, provided that, unless an Event of Default shall have occurred and be continuing, (i) all proceeds from insurance policies shall be paid to the Company or any Guarantor, (ii) to the extent the Collateral Agent receives any proceeds, the Collateral Agent shall turn over to the Company any amounts received by it as an additional insured or lender loss payee under any property insurance maintained by the Company and its Subsidiaries, and (iii) the Collateral Agent agrees that the Company and/or its applicable Subsidiary shall have the sole right to adjust or settle any claims under such insurance. Notwithstanding anything to the contrary herein, with respect to Foreign Subsidiaries and any Collateral located outside of the United States, the requirements of this Section 4.13 shall be deemed satisfied if the Company obtains insurance policies that are customary and appropriate for the applicable jurisdiction. Upon the request of the Collateral Agent, the Company and the Restricted Subsidiaries; and Guarantors will furnish to the Administrative Collateral Agent for further delivery to the Lenders, upon written request from the Administrative Agent, full information presented in reasonable detail as to the insurance so carried. The Collateral Agent, for the benefit of the Secured Parties, shall be the additional insured on any such their general property and liability insurance and the Collateral Agent, for the benefit of the Secured Parties, shall be the additional loss payee or additional mortgagee under any such casualty or property insurance, except in each case as the Collateral Agent and the Borrower may otherwise agree.carriers; and
(b) If if at any buildings or improvements comprising of time any Mortgaged Property are that remains subject to a Mortgage is at any time located in an area identified by the Federal Emergency Management Agency FEMA (or any successor agencyagent) as a special flood hazard area with respect to which flood insurance has been made available under the Flood Insurance Lawsarea, then the Borrower Company shall, or shall cause the applicable Credit Parties Guarantor to, solely to the extent required by Applicable Law, (i) maintain, or cause to be maintained, with a financially sound and reputable insurer (determined at reasonably acceptable to the time such insurance is obtained or renewed)Collateral Agent, flood insurance in an amount and otherwise sufficient to comply with all applicable rules and regulations promulgated pursuant to the Flood Insurance Laws and (ii) deliver to the Collateral Agent evidence of such compliance in form and substance reasonably acceptable to the Collateral Agent.
Appears in 1 contract
Samples: Indenture (Micron Technology Inc)
Maintenance of Insurance. Except if the failure to do so could not reasonably be expected to have a Material Adverse Effect:
(a) The Borrower willMaintain, and will cause each of the Restricted Subsidiaries toto maintain, at all times maintain in full force insurance with responsible and effect, with reputable insurance companies that the Borrower believes (or associations in the good-faith judgment of the management of the Borrower) are financially sound and responsible at the time the relevant coverage is placed or renewed, insurance in at least such amounts (with no greater risk retention and after giving effect to any self-insurance which the Borrower believes (in the good-faith judgment of management of the Borrower) is plans reasonable and prudent in light of the size and nature of its business) and against at least such risks (and with such risk retentions) as are usually insured against customary for similarly situated Persons engaged in the same general area by companies engaged in or similar businesses similar to those engaged by as the Borrower and the Restricted Subsidiaries; Subsidiaries and will furnish to which plans require adequate reserves for risks that are self-insured) and covering such risks as is usually carried by companies engaged in the Administrative Agent for further delivery to same or similar businesses operating in the Lenders, upon written request from the Administrative Agent, information presented in reasonable detail as to the insurance so carried. The Collateral Agent, for the benefit of the Secured Parties, shall be the additional insured on any such liability insurance and the Collateral Agent, for the benefit of the Secured Parties, shall be the additional loss payee same or additional mortgagee under any such casualty or property insurance, except in each case as the Collateral Agent and the Borrower may otherwise agreesimilar locations.
(b) Within the time period specified on Schedule 5.11 (unless a later date is otherwise agreed to by the Agent in its sole discretion), cause all such policies covering any Collateral (excluding, for the avoidance of doubt, business interruption insurance (if any), director and officer insurance and worker’s compensation insurance) to be endorsed or otherwise amended to include a customary lender’s loss payable endorsement or to name the Collateral Agent as an additional insured, as applicable, in form and substance reasonably acceptable to the Administrative Agent and the Collateral Agent and to contain such other provisions as the Administrative Agent or the Collateral Agent may reasonably require from time to time to protect their interests; upon reasonable request, deliver copies of all such policies to the Collateral Agent.
(c) If at any buildings or time the area in which the improvements comprising of with respect to any Mortgaged Property are at located is designated a “flood hazard area” in any time located in an area identified Flood Insurance Rate Map published by the Federal Emergency Management Agency (or any successor agency) as a special flood hazard area with respect to which ), and flood insurance has been made is available under in the Flood Insurance Lawscommunity in which the property is located, then the Borrower shall, or shall cause the applicable Credit Parties to, solely to the extent required by Applicable Law, (i) maintain, or cause to be maintained, with a financially sound and reputable insurer (determined at the time such insurance is obtained or renewed), obtain flood insurance in an amount and otherwise sufficient to comply with all applicable rules and regulations promulgated pursuant to the Flood Insurance Laws and (ii) deliver to the Collateral Agent evidence of such compliance in form otherwise reasonably acceptable to the Collateral Agent.
Appears in 1 contract
Samples: Credit Agreement (Cloudera, Inc.)
Maintenance of Insurance. a. Except as otherwise provided in subsection (b) of this Section 5.09, the Servicer shall cause to be maintained with respect to each Contract one or more Hazard Insurance Policies which provide, at a minimum, the same coverage as a standard form fire and extended coverage insurance policy that is customary for manufactured housing, issued by a company authorized to issue such policies in the state in which the related Manufactured Home is located and in an amount which is not less than the maximum insurable value of such Manufactured Home or the principal balance due from the Obligor on the related Contract, whichever is less; provided, however, that the amount of coverage provided by each Hazard Insurance Policy shall be sufficient to avoid the application of any co- insurance clause contained therein; and provided, further, that such Hazard Insurance Policies may provide for customary deductible amounts. With respect to: (a) The Borrower willa Manufactured Home securing an FHA/VA Contract, and will cause each of the Restricted Subsidiaries toif such Manufactured Home's location was, at all times maintain in full force and effect, with insurance companies that the Borrower believes (in the good-faith judgment of the management of the Borrower) are financially sound and responsible at the time the relevant coverage is placed or renewed, insurance in at least such amounts (after giving effect to any self-insurance which the Borrower believes (in the good-faith judgment of management origination of the Borrower) is reasonable and prudent in light of the size and nature of its business) and against at least such risks (and with such risk retentions) as are usually insured against in the same general area by companies engaged in businesses similar to those engaged by the Borrower and the Restricted Subsidiaries; and will furnish to the Administrative Agent for further delivery to the Lendersrelated FHA/VA Contract, upon written request from the Administrative Agent, information presented in reasonable detail as to the insurance so carried. The Collateral Agent, for the benefit of the Secured Parties, shall be the additional insured on any such liability insurance and the Collateral Agent, for the benefit of the Secured Parties, shall be the additional loss payee or additional mortgagee under any such casualty or property insurance, except in each case as the Collateral Agent and the Borrower may otherwise agree.
(b) If any buildings or improvements comprising of any Mortgaged Property are at any time located in an area identified by the Federal Emergency Management Agency (or any successor agency) as within a federally designated special flood hazard area with respect to which area, the Servicer shall also cause such flood insurance has been made available under the Flood Insurance Laws, then the Borrower shall, or shall cause the applicable Credit Parties to, solely to the extent required by Applicable Law, (i) maintain, or cause to be maintained, with which coverage shall be at least equal to the minimum amount specified in the preceding sentence or such lesser amount as may be available under the federal flood insurance program; and (b) any Contract that is not an FHA/VA Contract, the Originator shall obtain (i) a financially sound and reputable insurer (determined statement from the Obligor's insurance agent that the Manufactured Home was, at the time such insurance is obtained of origination of the Contract, not in a federally designated special flood hazard area, or renewed)(ii) evidence that, at the time of origination, flood insurance was in an effect, which coverage was at least equal to the minimum amount specified in the preceding sentence or such lesser amount as may be available under the federal flood insurance program. Each Hazard Insurance Policy caused to be maintained by the Servicer shall contain a standard loss payee clause in favor of the Servicer and otherwise sufficient its successors and assigns. If any Obligor is in default in the payment of premiums on its Hazard Insurance Policy or Policies, the Servicer shall pay such premiums out of its own funds and may separately add such premium to comply the Obligor's obligation as provided by the Contract, but shall not add such premium to the remaining principal balance of the Contract.
b. The Servicer may, in lieu of causing individual Hazard Insurance Policies to be maintained with all applicable rules and regulations promulgated respect to each Manufactured Home pursuant to subsection (a) of this Section 5.09, and shall, to the Flood extent that the related Contract does not require the Obligor to maintain a Hazard Insurance Laws Policy with respect to the related Manufactured Home, maintain one or more blanket insurance policies covering losses on the Obligor's interest in the Contracts resulting from the absence or insufficiency of individual Hazard Insurance Policies. Any such blanket policy shall be substantially in the form and in the amount carried by the Servicer as of the date of this Agreement. The Servicer shall pay the premium for such policy on the basis described therein and shall deposit into the Certificate Account from its own funds any deductible amount with respect to claims under such blanket insurance policy relating to the Contracts. The Servicer shall not, however, be required to deposit any deductible amount with respect to claims under individual Hazard Insurance Policies maintained pursuant to subsection (a) of this Section. If the insurer under such blanket insurance policy shall cease to be acceptable to the Servicer, the Servicer shall exercise its best reasonable efforts to obtain from another insurer a replacement policy comparable to such policy.
c. With respect to each Manufactured Home that has been repossessed in connection with a defaulted Contract, the Servicer shall either (i) maintain one or more Hazard Insurance Policies thereon or (ii) self-insure such Manufactured Homes and deposit into the Certificate Account from its own funds any losses caused by damage to such Manufactured Home that would have been covered by a Hazard Insurance Policy.
d. The Servicer shall keep in force throughout the term of this Agreement (i) a policy or policies of insurance covering errors and omissions for failure to maintain insurance as required by this Agreement and (ii) deliver to the Collateral Agent evidence a fidelity bond. Such policy or policies and such fidelity bond shall be in such form and amount as is generally customary among Persons which service a portfolio of such compliance in form reasonably manufactured housing installment sales contracts and installment loan agreements having an aggregate principal amount of $100,000,000 or more and which are generally regarded as servicers acceptable to the Collateral Agentinstitutional investors.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Conseco Finance Securitizations Corp)
Maintenance of Insurance. (a) The Borrower will, and will cause each of the Restricted Subsidiaries to, at all times maintain in full force and effect, Maintain with insurance companies that the Borrower believes (in the good-good faith judgment of the management of the Borrowerits management) are financially sound and responsible reputable at the time the relevant coverage is placed or renewedrenewed or with a Captive Insurance Subsidiary, insurance with respect to the Borrower’s and the Restricted Subsidiaries’ properties and business against loss or damage of the kinds customarily insured against by Persons engaged in at least the same or similar business, of such types and in such amounts (after giving effect to any self-insurance which the Borrower believes (in the good-faith judgment of management of the Borrower) is reasonable and prudent in light of the size and nature of its business) and against at least such risks (and with such risk retentions) as are usually insured against customary for similarly situated Persons engaged in the same general area by companies engaged in or similar businesses similar to those engaged by as the Borrower and the Restricted Subsidiaries; ) as are customarily carried under similar circumstances by such other Persons, and will furnish to the Administrative Agent for further delivery to the Lenders, upon written request from the Administrative Agent, information presented in reasonable detail as to the insurance so carried; provided that notwithstanding the foregoing, in no event will the Borrower or any Restricted Subsidiary be required to obtain or maintain insurance that is more restrictive than its normal course of practice. The Subject to Section 6.13(2), each such policy of insurance will, as appropriate, (i) in the case of each general liability policy, name the Collateral Agent, for the benefit on behalf of the Secured Parties, shall be the as an additional insured on any such liability thereunder as its interests may appear or (ii) in the case of each casualty insurance and policy, contain an additional loss payable clause or endorsement that names the Collateral Agent, for the benefit on behalf of the Secured Parties, shall be as the additional loss payee or additional mortgagee under any such casualty or property insurance, except in each case as the Collateral Agent and the Borrower may otherwise agreethereunder.
(b) If any buildings or improvements comprising portion of any improvements on Mortgaged Property are at any time located in an area identified by the Federal Emergency Management Agency (or any successor agency) as a special flood hazard area with respect to which flood insurance has been made available under the Flood Insurance Laws, then the Borrower shall, or shall cause the applicable Credit Parties to, solely Loan Party to the extent required by Applicable Law, (i) maintain, or cause to be maintained, with a financially sound and reputable insurer (determined at the time such insurance is obtained or renewed)insurer, flood insurance in an amount and otherwise sufficient to comply with all applicable rules and regulations promulgated pursuant to the Flood Insurance Laws and shall otherwise be in form and substance reasonably satisfactory to the Collateral Agent and (ii) deliver to the Collateral Agent evidence reasonably requested by the Collateral Agent as to such compliance, including, without limitation, evidence of annual renewals of such compliance in form reasonably acceptable to the Collateral Agentinsurance.
Appears in 1 contract
Maintenance of Insurance. (a) The Borrower will, and will cause each of the Restricted Subsidiaries Subsidiary to, at all times maintain in full force and effect, pursuant to self-insurance arrangements or with insurance companies that the Borrower believes (in the good-good faith judgment of the management of the Borrower) are financially sound and responsible at the time the relevant coverage is placed or renewed, insurance in at least such amounts (after giving effect to any self-insurance which the Borrower believes (in the good-good faith judgment of management of the Borrower) is reasonable and prudent in light of the size and nature of its business) and against at least such risks (and with such risk retentions) as are usually insured against the Borrower believes (in the same general area by companies engaged good faith judgment of management of the Borrower) is reasonable and prudent in businesses similar to those engaged by light of the Borrower size and the Restricted Subsidiariesnature of its business; and will furnish to the Administrative Agent for further delivery to the LendersAgent, upon written request from the Administrative Agent, information presented in reasonable detail as to the insurance so carried. The Collateral Agent.
(b) During any Borrowing Base Trigger Period (and only during any Borrowing Base Trigger Period), for the benefit of the Secured Parties, Parties shall be the additional insured insureds on any such liability insurance and as their interests may appear and, if property insurance is obtained, the Collateral Agent, for the benefit of the Secured Parties, Administrative Agent shall be the additional loss payee or additional mortgagee under any such casualty or property insurance; provided that, except in each case so long as no Event of Default has occurred and is then continuing, the Collateral Agent and Secured Parties will provide any proceeds of such property insurance to the Borrower may otherwise agree.
(b) If any buildings or improvements comprising of any Mortgaged Property are at any time located in an area identified by the Federal Emergency Management Agency (or any successor agency) as a special flood hazard area with respect to which flood insurance has been made available under the Flood Insurance Laws, then the Borrower shall, or shall cause the applicable Credit Parties to, solely to the extent that the Borrower undertakes to apply such proceeds to the reconstruction, replacement or repair of the property insured thereby. During any Borrowing Base Trigger Period (and only during any 10-Q Borrowing Base Trigger Period), the Borrower shall use commercially reasonable efforts to ensure that all policies of insurance required by Applicable Law, (i) maintain, the terms of this Agreement or cause any Security Document shall provide that each insurer shall endeavor to be maintained, with a financially sound and reputable insurer (determined give at least 30 days’ prior written notice to the time Administrative Agent of any cancellation of such insurance is obtained (or renewed), flood insurance at least 10 days’ prior written notice in an amount and otherwise sufficient to comply with all applicable rules and regulations promulgated pursuant to the Flood Insurance Laws and (ii) deliver to the Collateral Agent evidence case of cancellation of such compliance in form reasonably acceptable insurance due to the Collateral Agentnon-payment of premiums).
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Maintenance of Insurance. (a) The Borrower will, and will cause each of the Restricted Subsidiaries Material Subsidiary to, at all times maintain in full force and effect, pursuant to self‑insurance arrangements or with insurance companies that the Borrower believes (in the good-good faith judgment of the management of the Borrower) are financially sound and responsible at the time the relevant coverage is placed or renewed, insurance in at least such amounts (after giving effect to any self-insurance self‑insurance which the Borrower believes (in the good-good faith judgment of management of the Borrower) is reasonable and prudent in light of the size and nature of its businessbusiness and the availability of insurance on a cost‑effective basis) and against at least such risks (and with such risk retentions) as are usually insured against the Borrower believes (in the same general area by companies engaged good faith judgment of management of the Borrower) is reasonable and prudent in businesses similar to those engaged by light of the Borrower size and nature of its business and the Restricted Subsidiariesavailability of insurance on a cost‑effective basis; and will furnish to the Administrative Agent for further delivery to the LendersAgent, upon promptly following written request from the Administrative Agent, information presented in reasonable detail as to the insurance so carried. The Collateral Agent, for the benefit of the Secured Parties, shall be the additional insured on any such liability insurance carried and the Collateral Agent, for the benefit of the Secured Parties, shall be the additional loss payee or additional mortgagee under any such casualty or property insurance, except in each case as the Collateral Agent and the Borrower may otherwise agree.
(b) If with respect to any buildings or improvements comprising of any improved Mortgaged Property are at any time located in an area identified by the Federal Emergency Management Agency (or any successor agency) as a special flood hazard area with respect to which flood insurance has been made available under the Flood Insurance Lawsarea, then the Borrower shall, or shall cause the applicable Credit Parties to, solely to the extent required by Applicable Law, (i) maintain, or cause to be maintained, with a financially sound and reputable insurer (determined at the time such insurance is obtained or renewed), will obtain flood insurance in an such total amount and otherwise sufficient to comply with all applicable rules and regulations promulgated pursuant to as required by the Flood Insurance Laws and shall otherwise comply with the Flood Insurance Laws. Each such policy of insurance shall (i) name the Collateral Agent, on behalf of the Secured Parties as an additional insured thereunder as its interests may appear and (ii) deliver to in the Collateral Agent evidence case of such compliance in form reasonably acceptable to each casualty insurance policy, contain a lender’s loss payable clause or endorsement that names the Collateral Agent, on behalf of the Secured Parties as the lender’s loss payee thereunder.
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Samples: First Lien Credit Agreement (BrightSpring Health Services, Inc.)