Common use of Property Insurance, Public and Products Liability Insurance Clause in Contracts

Property Insurance, Public and Products Liability Insurance. Borrower and each of its Subsidiaries shall maintain insurance (i) on all insurable tangible Property against fire, flood, casualty and such other hazards (including, without limitation, extended coverage, workmen’s compensation, boiler and machinery, with inflation coverage by endorsement) and (ii) against public liability, product liability and business interruption, in each case in such amounts, with such deductibles and with such insurers as are customarily used by companies operating in the same industry as Borrower from insurers acceptable to Administrative Agent and with an AM Best rating of no lower than A-. At or prior to Closing, Borrower shall furnish Administrative Agent with duplicate original policies of insurance or such other evidence of insurance as Administrative Agent may require, and any certificates of insurance shall be issued on Accord Form-27. In the event Borrower or any of its Subsidiaries fails to procure or cause to be procured any such insurance or to timely pay or cause to be paid the premium(s) on any such insurance, Administrative Agent may do so for Borrower, but Borrower shall continue to be liable for the same. The policies of all such casualty insurance shall contain standard lender’s loss payable clauses (and, with respect to liability and interruption insurance, additional insured clauses) issued in favor of Administrative Agent on behalf of and for the benefit of Lenders under which all losses thereunder shall be paid to Administrative Agent, on behalf of and for the benefit of Lenders, as Lenders’ interest may appear. Such policies shall expressly provide that the requisite insurance cannot be altered or canceled without thirty (30) days prior written notice to Administrative Agent and shall insure Administrative Agent notwithstanding the act or neglect of Borrower. Insurance proceeds paid to the Administrative Agent shall be made available to permit the restoration of damage with such proceeds to all Property; provided, however, that following the occurrence and continuance of an Event of Default, Borrower hereby appoints Administrative Agent as Borrower’s and each of its Subsidiaries’ attorney-in-fact, exercisable at Administrative Agent’s option to endorse any check which may be payable to Borrower or any Subsidiary in order to collect the proceeds of such insurance on behalf of and for the benefit of Lenders, and, pursuant to the provisions of this Section 5.2(b) such proceeds may be applied by Administrative Agent, in its discretion (but with the approval of the Required Lenders), to any Obligations or to repair, reconstruct or replace the loss of or damage to Property as Administrative Agent, in its discretion (but with the approval of the Required Lenders), may from time to time determine. Borrower further covenants that all insurance premiums owing under its current policies have been paid. Borrower shall notify Administrative Agent immediately upon Borrower’s or any of its Subsidiaries’ receipt of a notice of termination, cancellation, or non-renewal from its insurance company of any such policy.

Appears in 2 contracts

Samples: Loan Agreement, Loan Agreement (Rti Surgical, Inc.)

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Property Insurance, Public and Products Liability Insurance. Borrower and each of its Subsidiaries Guarantor shall maintain or cause to be maintained insurance (i) on all insurable tangible Property against fire, flood, casualty and such other hazards (including, without limitation, extended coverage, workmen’s compensation, boiler and machinery, with inflation coverage by endorsement) and (ii) against public liability, product liability and business interruption, in each case in such amounts, with such deductibles and with such insurers as are customarily used by companies operating in the same industry as Borrower from insurers acceptable to Administrative Agent and with an AM Best rating of no lower than A-Guarantor. At or prior to ClosingLender’s request, Borrower Guarantor shall furnish Administrative Agent Lender with duplicate original policies of insurance certificates certified as true and correct and being in full force and effect or such other evidence of insurance as Administrative Agent Lender may require, and any certificates of insurance shall be issued on Accord Form-27. In the event Borrower or any of its Subsidiaries Guarantor fails to procure or cause to be procured any such insurance or to timely pay or cause to be paid the premium(s) on any such insurance, Administrative Agent Lender may do so for BorrowerGuarantor, but Borrower Guarantor shall continue to be liable for the same. Guarantor further covenants that all insurance premiums owing under its current casualty policy have been paid. Guarantor also agrees to notify Lender, promptly, upon Guarantor’s receipt of a notice of termination, cancellation, or non-renewal from its insurance company of any such policy. The policies of all such liability insurance shall contain standard additional insured clauses issued in favor of Lender and the policies of all casualty insurance shall contain standard lender’s lender loss payable clauses (and, with respect to liability and interruption insurance, additional insured clauses) payee endorsements issued in favor of Administrative Agent on behalf of and for the benefit of Lenders under which all losses thereunder shall be paid to Administrative Agent, on behalf of and for the benefit of Lenders, as Lenders’ interest may appearLender. Such policies shall expressly provide that the requisite insurance cannot be altered or canceled without thirty (30) days prior written notice to Administrative Agent Lender and shall insure Administrative Agent Lender notwithstanding the act or neglect of Borrowerthe insured. Insurance proceeds In the event Guarantor fails to procure or cause to be procured any such insurance or to timely pay or cause to be paid the premium(s) on any such insurance, Lender may do so for Guarantor, but Guarantor shall continue to be liable for the Administrative Agent shall be made available to permit the restoration of damage with such proceeds to all Property; provided, however, that following the occurrence and continuance of an Event of Default, Borrower same. Guarantor hereby appoints Administrative Agent Lender as Borrower’s and each of its Subsidiaries’ attorney-in-fact, exercisable at Administrative AgentLender’s option option, to endorse any check which may be payable to Borrower or any Subsidiary Guarantor in order to collect the proceeds of such insurance. Proceeds of such insurance on behalf of and for the benefit of Lenders, and, pursuant policies shall be paid to the provisions of this Section 5.2(b) endorsees thereunder as their interest may appear. Amounts paid to Lender under such proceeds may policies shall be applied by Administrative Agent, in its discretion (but with Lender to the approval of the Required Lenders), to any Obligations or to repair, reconstruct or replace the loss of or damage to Property as Administrative Agent, in its discretion (but with the approval of the Required Lenders), may from time to time determine. Borrower further covenants that all insurance premiums owing under its current policies have been paid. Borrower shall notify Administrative Agent immediately upon Borrower’s or any of its Subsidiaries’ receipt of a notice of termination, cancellation, or non-renewal from its insurance company of any such policyoutstanding Obligations.

Appears in 2 contracts

Samples: Security Agreement (Nexaira Wireless Inc.), Security Agreement (Nexaira Wireless Inc.)

Property Insurance, Public and Products Liability Insurance. Borrower shall maintain and shall cause each of its Subsidiaries shall Subsidiary Guarantor to maintain insurance (i) on all insurable tangible Property against fire, flood, casualty and such other hazards (including, without limitation, extended coverage, workmen’s compensation, boiler and machinery, with inflation coverage by endorsement) and (ii) against public liability, product liability and business interruption, in each case in such amounts, with such deductibles and with such insurers as are customarily used by companies operating in the same industry as Borrower from insurers acceptable to Administrative Agent and with an AM Best rating of no lower than A-Borrower. At or prior to Closing, Borrower shall furnish Administrative Agent with duplicate original policies of insurance or such other evidence of insurance as Administrative Agent may require, and any certificates of insurance shall be issued on Accord Xxxxx Form-27. In the event Borrower or any of its Subsidiaries fails to procure or cause to be procured any such insurance or to timely pay or cause to be paid the premium(s) on any such insurance, Administrative Agent may do so for Borrower, but Borrower shall continue to be liable for the same. The policies of all such casualty insurance shall contain standard lenderLender’s loss payable clauses Loss Payable Clauses (and, with respect to liability and interruption insurance, additional insured clauses) issued in favor of Administrative Agent on behalf of and for the benefit of Lenders under which all losses thereunder shall be paid to Administrative Agent, on behalf of and for the benefit of Lenders, as Lenders’ interest may appear. Such policies shall expressly provide that the requisite insurance cannot be altered or canceled without thirty (30) days prior written notice to Administrative Agent and shall insure Administrative Agent notwithstanding the act or neglect of BorrowerBorrower or any Subsidiary Guarantor. Insurance proceeds paid to the Administrative Agent shall be made available to permit the restoration of damage with such proceeds to all Property; provided, however, that following the occurrence and continuance of Effective upon an Event of Default, Borrower hereby appoints Administrative Agent as Borrower’s and each of its Subsidiaries’ attorney-in-fact, exercisable at Administrative Agent’s option to endorse any check which may be payable to Borrower or any Subsidiary in order to collect the proceeds of such insurance on behalf of and for the benefit of Lenders, and, any amount or amounts collected by Agent pursuant to the provisions of this Section 5.2(b) such proceeds may be applied by Administrative Agent, in its discretion (but with the approval of the Required Lenders)sole discretion, to any Obligations or to repair, reconstruct or replace the loss of or damage to Property Collateral as Administrative Agent, Agent in its discretion (but with the approval of the Required Lenders), may from time to time determine. Borrower further covenants that all insurance premiums owing under its current policies have been paid. Borrower shall notify Administrative Agent immediately Agent, immediately, upon Borrower’s or any of its Subsidiaries’ receipt of a notice of termination, cancellation, or non-renewal from its insurance company of any such policy.

Appears in 2 contracts

Samples: Loan and Security Agreement (Alesco Financial Inc), Loan and Security Agreement (Alesco Financial Inc)

Property Insurance, Public and Products Liability Insurance. Borrower and each of its Subsidiaries shall maintain insurance (i) on all insurable tangible Property against fire, flood, casualty and such other hazards (including, without limitation, extended coverage, workmen’s compensation, boiler and machinery, with inflation coverage by endorsement) and (ii) against public liability, product liability and business interruption, in each case in such amounts, with such deductibles and with such insurers as are customarily used by companies operating in the same industry and geographic area as Borrower from insurers acceptable to Administrative Agent and with an AM Best rating of no lower than A-Borrower. At or prior to Closing, Borrower shall furnish Administrative Agent Lender with duplicate original policies of insurance or such other evidence of insurance as Administrative Agent Lender may require, and any certificates of insurance shall be issued on Accord Form-27. In the event Borrower or any of its Subsidiaries fails to procure or cause to be procured any such insurance or to timely pay or cause to be paid the premium(s) on any such insurance, Administrative Agent Lender may do so for Borrower, but Borrower shall continue to be liable for the same. The policies of all such casualty insurance shall contain standard lenderLender’s loss payable clauses Loss Payable Clauses (and, with respect to liability and interruption insurance, additional insured clauses) issued in favor of Administrative Agent on behalf of and for the benefit of Lenders Lender under which all losses thereunder shall be paid to Administrative Agent, on behalf of and for the benefit of Lenders, Lender as Lenders’ Lender’s interest may appear. Such policies shall expressly provide that the requisite insurance cannot be altered or canceled without thirty (30) days prior written notice to Administrative Agent Lender and shall insure Administrative Agent Lender notwithstanding the act or neglect of Borrower. Insurance proceeds paid With respect to any single claim which exceeds $500,000 or any series of claims in any twelve month period which in the Administrative Agent shall be made available to permit the restoration of damage with such proceeds to all Property; provided, however, that following the occurrence and continuance of an Event of Defaultaggregate exceeds $1,500,000, Borrower hereby appoints Administrative Agent Lender as Borrower’s and each of its Subsidiaries’ attorney-in-fact, exercisable at Administrative AgentLender’s option to endorse any check which may be payable to Borrower or any Subsidiary in order to collect the proceeds of such insurance on behalf of and for the benefit of Lenders, and, any amount or amounts collected by Lender pursuant to the provisions of this Section 5.2(b) such proceeds may be applied by Administrative AgentLender, in its discretion (but with the approval of the Required Lenders)sole discretion, to any Obligations or to repair, reconstruct or replace the loss of or damage to Property Collateral as Administrative Agent, Lender in its discretion (but with the approval of the Required Lenders), may from time to time determine. Borrower further covenants that all insurance premiums owing under its current policies have been paid. Borrower shall notify Administrative Agent immediately Lender, immediately, upon Borrower’s or any of its Subsidiaries’ receipt of a notice of termination, cancellation, or non-renewal from its insurance company of any such policy. In addition Borrower shall, consistent with the requirements of the SBA, cause each SBA 7(a) Loan Obligor to maintain Borrower as a named as additional insured or loss payee, as appropriate, in all such policies.

Appears in 2 contracts

Samples: Loan Documents (Newtek Business Services Corp.), Loan and Security Agreement (Newtek Business Services Inc)

Property Insurance, Public and Products Liability Insurance. Borrower and each of its Subsidiaries shall maintain insurance (i) on all insurable tangible Property against fire, flood, casualty and such other hazards (including, without limitation, extended coverage, workmen’s compensation, boiler and machinery, with inflation coverage by endorsement) and (ii) against public liability, product liability and business interruption, in each case in such amounts, with such deductibles and with such insurers as are customarily used by companies operating in the same industry as Borrower from insurers acceptable to Administrative Agent and with an AM Best rating of no lower than A-. At or prior to Closing, Borrower shall furnish Administrative Agent with duplicate original policies of insurance or such other evidence of insurance as Administrative Agent may require, and any certificates of insurance shall be issued on Accord Form-27. In the event Borrower or any of its Subsidiaries fails to procure or cause to be procured any such insurance or to timely pay or cause to be paid the premium(s) on any such insurance, Administrative Agent may do so for Borrower, but Borrower shall continue to be liable for the same. The policies of all such casualty insurance shall contain standard lender’s loss payable clauses (and, with respect to liability and interruption insurance, additional insured clauses) issued in favor of Administrative Agent on behalf of and for the benefit of Lenders under which all losses thereunder shall be paid to Administrative Agent, on behalf of and for the benefit of Lenders, as Lenders’ interest may appear. Such policies shall expressly provide that the requisite insurance cannot be altered or canceled without thirty (30) days prior written notice to Administrative Agent and shall insure Administrative Agent notwithstanding the act or neglect of Borrower. Insurance proceeds paid to the Administrative Agent shall be made available to permit the restoration of damage with such proceeds to all Property; provided, however, that following the occurrence and continuance of an Event of Default, Borrower hereby appoints Administrative Agent as Borrower’s and each of its Subsidiaries’ attorney-in-fact, exercisable at Administrative Agent’s option to endorse any check which may be payable to Borrower or any Subsidiary in order to collect the proceeds of such insurance on behalf of and for the benefit of Lenders, and, pursuant to the provisions of this Section 5.2(b) such proceeds may be applied by Administrative Agent, in its discretion (but with the approval of the Required Lenders)sole discretion, to any Obligations or to repair, reconstruct or replace the loss of or damage to Property as Administrative Agent, Agent in its discretion (but with the approval of the Required Lenders), may from time to time determine. Borrower further covenants that all insurance premiums owing under its current policies have been paid. Borrower shall notify Administrative Agent immediately upon Borrower’s or any of its Subsidiaries’ receipt of a notice of termination, cancellation, or non-renewal from its insurance company of any such policy.

Appears in 2 contracts

Samples: Loan Agreement, Loan Agreement (RTI Biologics, Inc.)

Property Insurance, Public and Products Liability Insurance. Each Borrower and each of its Subsidiaries shall maintain insurance (i) on all insurable tangible Property against fire, flood, casualty and such other hazards (including, without limitation, extended coverage, workmen’s compensation, boiler and machinery, with inflation coverage by endorsement) and (ii) against public liability, product liability and business interruption, in each case in such amounts, with such deductibles and with such insurers as are customarily used by companies operating in the same industry as Borrower from insurers acceptable to Administrative Agent and with an AM Best rating of no lower than A-such Loan Party. At or prior to Closing, each Borrower shall furnish Administrative Agent Lender with duplicate original policies of insurance or such other evidence of insurance as Administrative Agent Lender may require, and any certificates of insurance shall be issued on Accord Xxxxx Form-27. In the event any Borrower or any of its Subsidiaries fails to procure or cause to be procured any such insurance or to timely pay or cause to be paid the premium(s) on any such insurance, Administrative Agent Lender may do so for Borrower, such Borrower but such Borrower shall continue to be liable for the same. The policies of all such casualty insurance shall contain standard lenderLender’s loss payable clauses Loss Payable Clauses (and, with respect to liability and interruption insurance, additional insured clauses) issued in favor of Administrative Agent on behalf of and for the benefit of Lenders Lender under which all losses thereunder shall be paid to Administrative Agent, on behalf of and for the benefit of Lenders, Lender as Lenders’ Lender’s interest may appear. Such policies shall expressly provide that the requisite insurance cannot be altered or canceled without thirty (30) days prior written notice to Administrative Agent Lender and shall insure Administrative Agent Lender notwithstanding the act or neglect of Borrowerany Loan Party. Insurance proceeds paid to the Administrative Agent shall be made available to permit the restoration of damage with such proceeds to all Property; provided, however, that following the occurrence and continuance of an Event of Default, Each Borrower hereby appoints Administrative Agent Lender as such Borrower’s and each of its Subsidiaries’ attorney-in-fact, exercisable at Administrative AgentLender’s option to endorse any check which may be payable to such Borrower or any Subsidiary in order to collect the proceeds of such insurance on behalf of and for the benefit of Lenders, and, any amount or amounts collected by Lender pursuant to the provisions of this Section 5.2(b) such proceeds may be applied by Administrative AgentLender, in its discretion (but with the approval of the Required Lenders)sole discretion, to any Obligations or to repair, reconstruct or replace the loss of or damage to Property Collateral as Administrative Agent, Lender in its discretion (but with the approval of the Required Lenders), may from time to time determine; provided that so long as no Event of Default shall have occurred and be continuing, Borrower’s consent shall be required prior to any repair, reconstruction or replacement by Lender. Each Borrower further covenants that all insurance premiums owing under its current policies have been paid. Each Borrower shall notify Administrative Agent immediately Lender, immediately, upon Borrowersuch Loan Party’s or any of its Subsidiaries’ receipt of a notice of termination, cancellation, or non-renewal from its insurance company of any such policy.

Appears in 2 contracts

Samples: Loan and Security Agreement (JetPay Corp), Loan and Security Agreement (Universal Business Payment Solutions Acquisition Corp)

Property Insurance, Public and Products Liability Insurance. Each Borrower and each of its Subsidiaries shall maintain insurance (i) on all insurable tangible Property against fire, flood, casualty and such other hazards (including, without limitation, extended coverage, workmen’s compensation, boiler and machinery, with inflation coverage by endorsement) and (ii) against public liability, product liability and business interruption, in each case in such amounts, with such deductibles and with such insurers as are customarily used by companies operating in the same industry as Borrower from insurers acceptable to Administrative Agent and with an AM Best rating of no lower than A-such Borrower. At or prior to Closing, each Borrower shall furnish Administrative Agent Lender with duplicate original policies of insurance or such other evidence of insurance as Administrative Agent Lender may require, and any certificates of insurance shall be issued on Accord Xxxxx Form-27. In the event any Borrower or any of its Subsidiaries fails to procure or cause to be procured any such insurance or to timely pay or cause to be paid the premium(s) on any such insurance, Administrative Agent Lender may do so for such Borrower, but such Borrower shall continue to be liable for the same. The policies of all such casualty insurance shall contain standard lenderLender’s loss payable clauses Loss Payable Clauses (and, with respect to liability and interruption insurance, additional insured clauses) issued in favor of Administrative Agent on behalf of and for the benefit of Lenders Lender under which all losses thereunder shall be paid to Administrative Agent, on behalf of and for the benefit of Lenders, Lender as Lenders’ Lender’s interest may appear. Such policies shall expressly provide that the requisite insurance cannot be altered or canceled without thirty (30) days prior written notice to Administrative Agent Lender and shall insure Administrative Agent Lender notwithstanding the act or neglect of any Borrower. Insurance proceeds paid to the Administrative Agent shall be made available to permit the restoration of damage with such proceeds to all Property; provided, however, that following the occurrence and continuance of an Event of Default, Each Borrower hereby appoints Administrative Agent Lender as such Borrower’s and each of its Subsidiaries’ attorney-inattorney‑in-fact, exercisable at Administrative AgentLender’s option to endorse any check which may be payable to such Borrower or any Subsidiary in order to collect the proceeds of such insurance on behalf of and for the benefit of Lenders, and, any amount or amounts collected by Lender pursuant to the provisions of this Section 5.2(b) such proceeds may be applied by Administrative AgentLender, in its discretion (but with the approval of the Required Lenders)sole discretion, to any Obligations or to repair, reconstruct or replace the loss of or damage to Property Collateral as Administrative Agent, Lender in its discretion (but with the approval of the Required Lenders), may from time to time determine. Each Borrower further covenants that all insurance premiums owing under its current policies have been paid. Each Borrower shall notify Administrative Agent immediately Lender, immediately, upon such Borrower’s or any of its Subsidiaries’ receipt of a notice of termination, cancellation, or non-renewal from its insurance company of any such policy.

Appears in 2 contracts

Samples: Loan and Security Agreement (Amerinac Holding Corp.), Loan and Security Agreement (Amerinac Holding Corp.)

Property Insurance, Public and Products Liability Insurance. Borrower and each of its Subsidiaries shall maintain insurance (i) on all insurable tangible Property against fire, flood, casualty and such other hazards (including, without limitation, extended coverage, workmen’s 's compensation, boiler and machinery, with inflation coverage by endorsement) and (ii) against public liability, product liability and business interruption, in each case in such amounts, with such deductibles and with such insurers as are customarily used by companies operating in the same industry as Borrower from insurers acceptable to Administrative Agent and with an AM Best rating of no lower than A-or such Subsidiary. At or prior to Closing, Borrower shall furnish Administrative Agent Lender with duplicate original policies of insurance or such other evidence of insurance for Borrower and each Guarantor as Administrative Agent Lender may require, and any certificates of insurance shall be issued on Accord Xxxxx Form-27. In the event Borrower or any of its Subsidiaries fails to procure or cause to be procured any such insurance or to timely pay or cause to be paid the premium(s) on any such insurance, Administrative Agent Lender may do so for Borrower, but Borrower shall continue to be liable for the same. The policies of all such casualty insurance shall contain standard lender’s loss payable clauses Lender's Loss Payable Clauses (and, with respect to liability and interruption insurance, additional insured clauses) issued in favor of Administrative Agent on behalf of and for the benefit of Lenders Lender under which all losses thereunder shall be paid to Administrative Agent, on behalf of and for the benefit of Lenders, Lender as Lenders’ Lender's interest may appear. Such policies shall expressly provide that the requisite insurance cannot be altered or canceled without thirty (30) days prior written notice to Administrative Agent Lender and shall insure Administrative Agent Lender notwithstanding the act or neglect of Borrower. Insurance proceeds paid to the Administrative Agent shall be made available to permit the restoration of damage with such proceeds to all Property; provided, however, that following the occurrence and continuance of an Event of Default, Borrower hereby appoints Administrative Agent Lender as Borrower’s and each of its Subsidiaries’ 's attorney-in-fact, exercisable at Administrative Agent’s Lender's option to endorse any check which may be payable to Borrower or any Subsidiary in order to collect the proceeds of such insurance on behalf of and for the benefit of Lenders, and, any amount or amounts collected by Lender pursuant to the provisions of this Section 5.2(b) such proceeds may be applied by Administrative AgentLender, in its discretion (but with the approval of the Required Lenders)sole discretion, to any Obligations or to repair, reconstruct or replace the loss of or damage to Property Collateral as Administrative Agent, Lender in its discretion (but with the approval of the Required Lenders), may from time to time determine. Borrower further covenants that all insurance premiums owing under its current policies of Borrower and each Guarantor have been paid. Borrower shall notify Administrative Agent immediately Lender, immediately, upon Borrower’s or any of its Subsidiaries’ receipt of a notice of termination, cancellation, or non-renewal from its insurance company of any such policypolicy of Borrower or a Guarantor.

Appears in 1 contract

Samples: Loan and Security Agreement (Lakeland Industries Inc)

Property Insurance, Public and Products Liability Insurance. Borrower and each of its Subsidiaries shall maintain insurance (i) on all insurable tangible Property against fire, flood, casualty and such other hazards (including, without limitation, extended coverage, workmen’s 's compensation, boiler and machinery, with inflation coverage by endorsement) and (ii) against public liability, product liability and business interruption, in each case in such amounts, with such deductibles and with such insurers as are customarily used by companies operating in the same industry as Borrower from insurers acceptable to Administrative Agent and with an AM Best rating of no lower than A-Borrower. At or prior to Closing, Borrower shall furnish Administrative Agent Lender with duplicate original policies of insurance or such other evidence of insurance as Administrative Agent Lender may require, and any certificates of insurance shall be issued on Accord ACORD Form-27. In the event Borrower or any of its Subsidiaries fails to procure or cause to be procured xx xxocured any such insurance or to timely pay or cause to be paid the premium(s) on any such insurance, Administrative Agent Lender may do so for Borrower, but Borrower shall continue to be liable for the same. The policies of all such casualty insurance shall contain standard lender’s loss payable clauses Lender's Loss Payable and Mortgagee Clauses (and, with respect to liability and interruption insurance, additional insured clauses) issued in favor of Administrative Agent on behalf of and for the benefit of Lenders Lender under which all losses thereunder shall be paid to Administrative Agent, on behalf of and for the benefit of Lenders, Lender as Lenders’ Lender's interest may appear. Such policies shall expressly provide that the requisite insurance cannot be altered or canceled without thirty (30) days prior written notice to Administrative Agent Lender and shall insure Administrative Agent Lender notwithstanding the act or neglect of Borrower. Insurance proceeds paid to the Administrative Agent shall be made available to permit the restoration of damage with such proceeds to all Property; provided, however, that following the occurrence and continuance of an Event of Default, Borrower hereby appoints Administrative Agent Lender as Borrower’s and each of its Subsidiaries’ 's attorney-in-fact, exercisable at Administrative Agent’s Lender's option to endorse any check (but only a check in excess of Five Hundred Thousand Dollars ($500,000) if no Event of Default has occurred) which may be payable to Borrower or any Subsidiary in order to collect the proceeds of such insurance on behalf of and for the benefit of Lenders, and, any amount or amounts collected by Lender pursuant to the provisions of this Section 5.2(b) such proceeds may be applied by Administrative AgentLender, in its discretion (but with the approval of the Required Lenders)sole discretion, to any Obligations or to repair, reconstruct or replace the loss of or damage to Property Collateral as Administrative Agent, Lender in its discretion (but with the approval of the Required Lenders), may from time to time determine. Borrower further covenants that all insurance premiums owing under its current policies have been paid. Borrower shall notify Administrative Agent immediately Lender, immediately, upon Borrower’s or any of its Subsidiaries’ 's receipt of a notice of termination, cancellation, or non-renewal from its insurance company of any such policy.

Appears in 1 contract

Samples: Loan and Security Agreement (Blonder Tongue Laboratories Inc)

Property Insurance, Public and Products Liability Insurance. Borrower and each of its Subsidiaries shall maintain insurance (i) on all insurable tangible Property against fire, flood, casualty and such other hazards (including, without limitation, extended coverage, workmen’s compensation, boiler and machinery, with inflation coverage by endorsement) and (ii) against public liability, product liability and business interruption, in each case in such amounts, with such deductibles and with such insurers as are customarily used by companies operating in the same industry and geographic area as Borrower from insurers acceptable to Administrative Agent and with an AM Best rating of no lower than A-Borrower. At or prior to Closing, Borrower shall furnish Administrative Agent Lender with duplicate original policies of insurance or such other evidence of insurance as Administrative Agent Lender may require, and any certificates of insurance shall be issued on Accord Form-27. In the event Borrower or any of its Subsidiaries fails to procure or cause to be procured any such insurance or to timely pay or cause to be paid the premium(s) on any such insurance, Administrative Agent Lender may do so for Borrower, but Borrower shall continue to be liable for the same. The policies of all such casualty insurance shall contain standard lenderLender’s loss payable clauses Loss Payable Clauses (and, with respect to liability and interruption insurance, additional insured clauses) issued in favor of Administrative Agent on behalf of and for the benefit of Lenders Lender under which all losses thereunder shall be paid to Administrative Agent, on behalf of and for the benefit of Lenders, Lender as Lenders’ Lender’s interest may appear. Such policies shall expressly provide that the requisite insurance cannot be altered or canceled without thirty (30) days prior written notice to Administrative Agent Lender and shall insure Administrative Agent Lender notwithstanding the act or neglect of Borrower. Insurance proceeds paid With respect to any single claim which exceeds $500,000 or any series of claims in any twelve month period which in the Administrative Agent shall be made available to permit the restoration of damage with such proceeds to all Property; provided, however, that following the occurrence and continuance of an Event of Defaultaggregate $1,500,000, Borrower hereby appoints Administrative Agent Lender as Borrower’s and each of its Subsidiaries’ attorney-in-fact, exercisable at Administrative AgentLender’s option to endorse any check which may be payable to Borrower or any Subsidiary in order to collect the proceeds of such insurance on behalf of and for the benefit of Lenders, and, pursuant to the provisions of this Section 5.2(b) such proceeds may be applied by Administrative Agent, in its discretion (but with the approval of the Required Lenders), to any Obligations or to repair, reconstruct or replace the loss of or damage to Property as Administrative Agent, in its discretion (but with the approval of the Required Lenders), may from time to time determine. Borrower further covenants that all insurance premiums owing under its current policies have been paid. Borrower shall notify Administrative Agent immediately upon Borrower’s or any of its Subsidiaries’ receipt of a notice of termination, cancellation, or non-renewal from its insurance company of any such policy.

Appears in 1 contract

Samples: Loan and Security Agreement (Newtek Business Services Inc)

Property Insurance, Public and Products Liability Insurance. Borrower and each of its Subsidiaries shall maintain insurance (i) on all insurable tangible Property against fire, flood, casualty and such other hazards (including, without limitation, extended coverage, workmen’s compensation, boiler and machinery, with inflation coverage by endorsement) and (ii) against public liability, product liability and business interruption, in each case in such amounts, with such deductibles and with such insurers as are customarily used by companies operating in the same industry as Borrower from insurers acceptable to Administrative Agent and with an AM Best rating of no lower than A-Borrower. At or prior to Closing, Borrower shall furnish Administrative Agent Lender with duplicate original policies of insurance or such other evidence of insurance as Administrative Agent Lender may require, and any certificates of insurance shall be issued on Accord Xxxxx Form-27. In the event Borrower or any of its Subsidiaries fails to procure or cause to be procured any such insurance or to timely pay or cause to be paid the premium(s) on any such insurance, Administrative Agent Lender may do so for Borrower, but Borrower shall continue to be liable for the same. The policies of all such casualty insurance shall contain standard lenderLender’s loss payable clauses Loss Payable Clauses (and, with respect to liability and interruption insurance, additional insured clauses) issued in favor of Administrative Agent on behalf of and for the benefit of Lenders Lender under which all losses thereunder shall be paid to Administrative Agent, on behalf of and for the benefit of Lenders, Lender as Lenders’ Lender’s interest may appear. Such policies shall expressly provide that the requisite insurance cannot be altered or canceled without thirty (30) days prior written notice to Administrative Agent Lender and shall insure Administrative Agent Lender notwithstanding the act or neglect of Borrower. Insurance proceeds paid to the Administrative Agent shall be made available to permit the restoration of damage with such proceeds to all Property; provided, however, that following the occurrence and continuance of an Event of Default, Borrower hereby appoints Administrative Agent Lender as Borrower’s and each of its Subsidiaries’ attorney-in-fact, exercisable at Administrative AgentLender’s option to endorse any check which may be payable to Borrower or any Subsidiary in order to collect the proceeds of such insurance on behalf of and for the benefit of Lenders, and, any amount or amounts collected by Lender pursuant to the provisions of this Section 5.2(b) such proceeds may be applied by Administrative AgentLender, in its discretion (but with the approval of the Required Lenders)sole discretion, to any Obligations or to repair, reconstruct or replace the loss of or damage to Property Collateral as Administrative Agent, Lender in its discretion (but with the approval of the Required Lenders), may from time to time determine. Borrower further covenants that all insurance premiums owing under its current policies have been paid. Borrower shall notify Administrative Agent immediately Lender, immediately, upon Borrower’s or any of its Subsidiaries’ receipt of a notice of termination, cancellation, or non-renewal from its insurance company of any such policy.

Appears in 1 contract

Samples: Loan and Security Agreement ('Mktg, Inc.')

Property Insurance, Public and Products Liability Insurance. Borrower and each of its Subsidiaries shall maintain insurance (i) on all insurable tangible Property against fire, flood, casualty and such other hazards (including, without limitation, extended coverage, workmen’s 's compensation, boiler and machinery, with inflation coverage by endorsement) and (ii) against general public liability, product liability liability, inventory and business interruption, in each case in such amounts, with such deductibles and with such insurers as are customarily used by companies operating in the same industry as Borrower from insurers acceptable to Administrative Agent and with an AM Best rating of no lower than A-Borrower. At or prior to Closing, Borrower shall furnish Administrative Agent Lender with duplicate original policies of insurance or such other evidence of insurance as Administrative Agent Lender may reasonably require, and any certificates of insurance shall be issued on Accord Axxxx Form-27. In the event Borrower or any of its Subsidiaries fails to procure or cause to be procured any such insurance or to timely pay or cause to be paid the premium(s) on any such insurance, Administrative Agent Lender may do so for Borrower, but Borrower shall continue to be liable for the same. The policies of all such casualty insurance shall contain standard lender’s loss payable clauses Lender's Loss Payable Clauses (and, with respect to liability and interruption insurance, additional insured clauses) issued in favor of Administrative Agent on behalf of and for the benefit of Lenders Lender under which all losses thereunder shall be paid to Administrative Agent, on behalf of and for the benefit of Lenders, Lender as Lenders’ Lender's interest may appear. Such policies shall expressly provide that the requisite insurance cannot be altered or canceled without thirty (30) days prior written notice to Administrative Agent Lender and shall insure Administrative Agent Lender notwithstanding the act or neglect of Borrower. Insurance proceeds paid to the Administrative Agent shall be made available to permit the restoration of damage with such proceeds to all Property; provided, however, that following the occurrence and continuance of an Event of Default, Borrower hereby appoints Administrative Agent Lender as Borrower’s and each of its Subsidiaries’ 's attorney-in-fact, exercisable at Administrative Agent’s Lender's option to endorse any check which may be payable to Borrower or any Subsidiary in order to collect the proceeds of such insurance on behalf of and for the benefit of Lenders, and, any amount or amounts collected by Lender pursuant to the provisions of this Section 5.2(b) such proceeds may be applied by Administrative AgentLender, in its discretion (but with the approval of the Required Lenders)sole discretion, to any Obligations or to repair, reconstruct or replace the loss of or damage to Property Collateral as Administrative Agent, Lender in its discretion (but with the approval of the Required Lenders), may from time to time determine. Borrower further covenants that all insurance premiums owing under its current policies have been paid. Borrower shall notify Administrative Agent immediately Lender, immediately, upon Borrower’s or any of its Subsidiaries’ 's receipt of a notice of termination, cancellation, or non-renewal from its insurance company of any such policy.

Appears in 1 contract

Samples: Loan Agreement (Lightpath Technologies Inc)

Property Insurance, Public and Products Liability Insurance. Borrower shall maintain and shall cause each of its Subsidiaries shall Consolidated Entity to maintain insurance (i) on all insurable tangible Property against fire, flood, casualty and such other hazards (including, without limitation, extended coverage, workmen’s 's compensation, boiler and machinery, with inflation coverage by endorsement) and (ii) against public liability, product products liability and business interruption, interruption insurance in each case in such amounts, with such deductibles and with such insurers as are customarily used by companies operating in the same industry as Borrower from insurers acceptable to Administrative Agent and with an AM Best rating of no lower than A-each Consolidated Entity. At or prior to Closing, Borrower shall furnish Administrative Agent with duplicate original policies of insurance or such other evidence of insurance as Administrative Agent may require, and any certificates of insurance shall be issued on Accord Form-27. In the event Borrower or any of its Subsidiaries Consolidated Entity fails to procure or cause to be procured any such insurance or to timely pay or cause to be paid the premium(s) on any such insurance, Administrative Agent may do so for BorrowerBorrower or such Obligor, but Borrower or such Obligor shall continue to be liable for the same. The policies of all such casualty insurance as to Obligors shall contain standard lender’s loss payable clauses (and, with respect to liability and interruption insurance, additional insured clauses) Agent's Loss Payable Clauses issued in favor of Administrative Agent on behalf of and for the benefit of Lenders under which all losses thereunder shall be paid to Administrative Agent, on behalf of and Agent (for the pro rata benefit of Lenders, ) as Lenders’ Agent's interest may appear. Such policies shall expressly provide that the requisite insurance cannot be altered or canceled without thirty (30) days prior written notice to Administrative Agent and shall insure Administrative Agent notwithstanding the act or neglect of BorrowerBorrower or any other Obligor. Insurance proceeds paid to the Administrative Agent shall be made available to permit the restoration of damage with such proceeds to all Property; provided, however, that following the occurrence and continuance of an Event of Default, Borrower hereby appoints Administrative and shall cause each other Obligor to appoint Agent as Borrower’s and each of its Subsidiaries’ such Obligor's attorney-in-fact, exercisable at Administrative Agent’s 's option to endorse any check (but only a check in excess of $50,000 if no Event of Default is outstanding) which may be payable to Borrower or any Subsidiary other Obligor in order to collect the proceeds of such insurance on behalf of and for the benefit of Lenders, and, any amount or amounts collected by Agent pursuant to the provisions of this Section 5.2(b) such proceeds may be applied by Administrative Agent, in its discretion (but with the approval of the Required Lenders)sole discretion, to any Obligations (if an Event of Default is outstanding) or to repair, reconstruct or replace the loss of or damage to Property Collateral under such procedures as Administrative Agent, Agent in its discretion (but with the approval of the Required Lenders), judgment may from time to time determine. Borrower further covenants that all insurance premiums owing under its and any other Obligor's current policies casualty policy have been paid. Borrower shall notify Administrative Agent immediately and shall cause each other Obligor to notify Agent, promptly, upon Borrower’s 's or any of its Subsidiaries’ such Obligor's receipt of a notice of termination, cancellation, or non-renewal from its insurance company of any such policy.

Appears in 1 contract

Samples: Loan and Security Agreement (Office Centre Corp)

Property Insurance, Public and Products Liability Insurance. Each Borrower and each of its Subsidiaries shall maintain insurance (i) on all insurable tangible Property against fire, flood, casualty and such other hazards (including, without limitation, extended coverage, workmen’s compensation, boiler and machinery, with inflation coverage by endorsement) and (ii) against public liability, product liability and business interruption, in each case in such amounts, with such deductibles and with such insurers as are customarily used by companies operating in the same industry and geographic area as Borrower from insurers acceptable to Administrative Agent and with an AM Best rating of no lower than A-Borrower. At or prior to Closing, each Borrower shall furnish Administrative Agent Lender with duplicate original policies of insurance or such other evidence of insurance as Administrative Agent Lender may require, and any certificates of insurance shall be issued on Accord Form-27. In the event a Borrower or any of its Subsidiaries fails to procure or cause to be procured any such insurance or to timely pay or cause to be paid the premium(s) on any such insurance, Administrative Agent Lender may do so for Borrower, but Borrower Borrowers shall continue to be liable for the same. The policies of all such casualty insurance shall contain standard lenderLender’s loss payable clauses Loss Payable Clauses (and, with respect to liability and interruption insurance, additional insured clauses) issued in favor of Administrative Agent on behalf of and for the benefit of Lenders Lender under which all losses thereunder shall be paid to Administrative Agent, on behalf of and for the benefit of Lenders, Lender as Lenders’ Lender’s interest may appear. Such policies shall expressly provide that the requisite insurance cannot be altered or canceled without thirty (30) days prior written notice to Administrative Agent Lender and shall insure Administrative Agent Lender notwithstanding the act or neglect of a Borrower. Insurance proceeds paid With respect to any single claim which exceeds $500,000 or any series of claims in any twelve month period which in the Administrative Agent shall be made available to permit the restoration of damage with such proceeds to all Property; providedaggregate $1,500,000, however, that following the occurrence and continuance of an Event of Default, each Borrower hereby appoints Administrative Agent Lender as such Borrower’s and each of its Subsidiaries’ attorney-in-fact, exercisable at Administrative AgentLender’s option to endorse any check which may be payable to a Borrower or any Subsidiary in order to collect the proceeds of such insurance on behalf of and for the benefit of Lenders, and, any amount or amounts collected by Lender pursuant to the provisions of this Section 5.2(b) such proceeds may be applied by Administrative AgentLender, in its discretion (but with the approval of the Required Lenders)sole discretion, to any Obligations or to repair, reconstruct or replace the loss of or damage to Property Collateral as Administrative Agent, Lender in its discretion (but with the approval of the Required Lenders), may from time to time determine. Each Borrower further covenants that all insurance premiums owing under its current policies have been paid. Each Borrower shall notify Administrative Agent immediately Lender, immediately, upon such Borrower’s or any of its Subsidiaries’ receipt of a notice of termination, cancellation, or non-renewal from its insurance company of any such policy. In addition NSBF shall, consistent with the requirements of the SBA, cause each SBA 7(a) Loan Obligor to maintain NSBF as a named as additional insured or loss payee, as appropriate, in all such policies.

Appears in 1 contract

Samples: Loan and Security Agreement (Newtek Business Services Inc)

Property Insurance, Public and Products Liability Insurance. Borrower and each of its Subsidiaries shall maintain insurance (i) on all insurable tangible Property (including, without limitation, the Collateral) against fire, flood, casualty and such other hazards (including, without limitation, extended coverage, workmen’s 's compensation, boiler and machinery, with inflation coverage by endorsement) ), and (ii) against public liability, product liability and business interruption, in each case in such amounts, with such deductibles and with such insurers as are customarily used by companies operating in the same industry as Borrower from insurers acceptable to Administrative Agent and with an AM Best rating of no lower than A-Borrower. At or prior to Closing, Borrower shall furnish Administrative Agent Lender with duplicate original policies of insurance or such other evidence of insurance as Administrative Agent Lender may require, and any certificates of insurance shall be issued on Accord Xxxxx Form-27. In the event Borrower or any of its Subsidiaries fails to procure or cause to be procured any such insurance or to timely pay or cause to be paid the premium(s) on any such insurance, Administrative Agent Lender may do so for Borrower, but Borrower shall continue to be liable for the same. The policies of all such casualty insurance covering the Collateral shall contain standard lender’s loss payable clauses Lender's Loss Payable Clauses (and, with respect to liability and interruption insurance, additional insured clauses) issued in favor of Administrative Agent on behalf of and for the benefit of Lenders Lender under which all losses thereunder shall be paid to Administrative Agent, on behalf of and for the benefit of Lenders, Lender as Lenders’ Lender's interest may appear. Such policies shall expressly provide that the requisite insurance cannot be altered or canceled without thirty (30) days prior written notice to Administrative Agent Lender and shall insure Administrative Agent Lender notwithstanding the act or neglect of Borrower. Insurance proceeds paid to the Administrative Agent shall be made available to permit the restoration of damage with such proceeds to all Property; provided, however, that following the occurrence and continuance of an Event of Default, Borrower hereby appoints Administrative Agent Lender as Borrower’s and each of its Subsidiaries’ 's attorney-in-fact, exercisable at Administrative Agent’s Lender's option to endorse any check which may be payable to Borrower or any Subsidiary in order to collect the proceeds of such insurance on behalf insurance. Unless an Event of Default shall have occurred and for the benefit of Lendersbe continuing, and, and any amount or amounts collected by Lender pursuant to the provisions of this Section 5.2(b) such proceeds shall be applied to repair or replace the Collateral damaged or destroyed by any casualty. If an Event of Default shall have occurred and be continuing, or if Borrower notified Lender that the repair or replacement of any damaged or destroyed Collateral is not necessary to its business, amounts so collected by Lender may be applied by Administrative AgentLender, in its discretion (but with the approval of the Required Lenders)sole discretion, to any Obligations or to repair, reconstruct or replace the loss of or damage to Property as Administrative Agent, in its discretion (but with the approval of the Required Lenders), may from time to time determineObligations. Borrower further covenants that all insurance premiums owing under its current policies have been paid. Borrower shall notify Administrative Agent immediately Lender, immediately, upon Borrower’s or any of its Subsidiaries’ 's receipt of a notice of termination, cancellation, or non-renewal from its insurance company of any such policy.

Appears in 1 contract

Samples: Loan and Security Agreement (American Technical Ceramics Corp)

Property Insurance, Public and Products Liability Insurance. Borrower and each of its Subsidiaries shall maintain insurance (i) on all insurable tangible Property against fire, flood, casualty and such other hazards (including, without limitation, extended coverage, workmen’s compensation, boiler and machinery, with inflation coverage by endorsement) and (ii) against general liability, public liability, product liability and business interruption, in each case in such amounts, with such deductibles and with such insurers as are customarily used by companies of similar size operating in the same industry as Borrower from insurers acceptable to Administrative Agent and with an AM Best rating of no lower than A-Borrower. At or prior to Closing, Borrower shall furnish Administrative Agent Lender with duplicate original policies of insurance or such other evidence of insurance as Administrative Agent Lender may require, and any customary certificates of insurance shall be issued naming Lender as additional insured on Accord Form-27all liability policies and loss payee on all property insurance and business interruption insurance policies. In the event Borrower or any of its Subsidiaries fails to procure or cause to be procured any such insurance or to timely pay or cause to be paid the premium(s) on any such insurance, Administrative Agent Lender may do so for Borrower, but Borrower shall continue to be liable for the same. The policies of all such casualty insurance shall contain standard lenderLender’s loss payable clauses Loss Payable Clauses (and, with respect to liability and interruption insurance, additional insured clauses) issued in favor of Administrative Agent on behalf of and for the benefit of Lenders Lender under which all losses thereunder shall be paid to Administrative Agent, on behalf of and for the benefit of Lenders, Lender as Lenders’ Lxxxxx’s interest may appear. Such policies shall expressly provide that the requisite insurance cannot be altered or canceled without thirty (30) days (or such lesser time period as approved by Lxxxxx in writing) prior written notice to Administrative Agent Lender and shall insure Administrative Agent Lender notwithstanding the act or neglect of Borrower. Insurance proceeds paid to the Administrative Agent shall be made available to permit the restoration of damage with such proceeds to all Property; provided, however, that following the occurrence and continuance of an Event of Default, Borrower hereby appoints Administrative Agent Lender as BorrowerBxxxxxxx’s and each of its Subsidiaries’ attorney-in-fact, exercisable at Administrative AgentLender’s option while an Event of Default has occurred and is continuing to endorse any check which may be payable to Borrower or any Subsidiary in order to collect the proceeds of such insurance on behalf of and for the benefit of Lenders, and, any amount or amounts collected by Lender pursuant to the provisions of this Section 5.2(b) such proceeds may be applied by Administrative AgentLender, in its discretion (but with the approval of the Required Lenders)sole discretion, to any Obligations or to repair, reconstruct or replace the loss of or damage to Property Collateral as Administrative Agent, Lender in its discretion (but with the approval of the Required Lenders), may from time to time determine. Borrower further covenants that all insurance premiums owing under its current policies have been paid. Borrower shall notify Administrative Agent immediately Lender, immediately, upon BorrowerBxxxxxxx’s or any of its Subsidiaries’ receipt of a notice of termination, cancellation, or non-renewal from its insurance company of any such policy.

Appears in 1 contract

Samples: Loan and Security Agreement (Soluna Holdings, Inc)

Property Insurance, Public and Products Liability Insurance. Borrower and each of its Subsidiaries shall maintain insurance (i) on all insurable tangible Property against fire, flood, casualty and such other hazards (including, without limitation, extended coverage, workmen’s 's compensation, boiler and machinery, with inflation coverage by endorsement) and (ii) against public liability, product liability and business interruption, in each case in such amounts, with such deductibles and with such insurers as are customarily used by companies operating in the same industry as Borrower from insurers acceptable to Administrative Agent and with an AM Best rating of no lower than A-Borrower. At or prior to Closing, Borrower shall furnish Administrative Agent Lender with duplicate original policies of insurance or such other evidence of insurance as Administrative Agent Lender may require, and any certificates of insurance shall be issued on Accord Xxxxx Form-27. In the event Borrower or any of its Subsidiaries fails to procure or cause to be procured any such insurance or to timely pay or cause to be paid the premium(s) on any such insurance, Administrative Agent Lender may do so for Borrower, but Borrower shall continue to be liable for the same. The policies of all such casualty insurance shall contain standard lender’s loss payable clauses Lender's Loss Payable Clauses (and, with respect to liability and interruption insurance, additional insured clauses) issued in favor of Administrative Agent on behalf of and for the benefit of Lenders Lender under which all losses thereunder shall be paid to Administrative Agent, on behalf of and for the benefit of Lenders, Lender as Lenders’ Lender's interest may appear. Such policies shall expressly provide that the requisite insurance cannot be altered or canceled without thirty (30) days prior written notice to Administrative Agent Lender and shall insure Administrative Agent Lender notwithstanding the act or neglect of Borrower. Insurance proceeds paid to the Administrative Agent shall be made available to permit the restoration of damage with such proceeds to all Property; provided, however, that following the occurrence and continuance of an Event of Default, Borrower hereby appoints Administrative Agent Lender as Borrower’s and each of its Subsidiaries’ attorney-'s attorney in-fact, exercisable at Administrative Agent’s Lender's option to endorse any check which may be payable to Borrower or any Subsidiary in order to collect the proceeds of such insurance on behalf of and for the benefit of Lenders, and, any amount or amounts collected by Lender pursuant to the provisions of this Section 5.2(b) such proceeds may be applied by Administrative AgentLender, in its discretion (but with the approval of the Required Lenders)sole discretion, to any Obligations or to repair, reconstruct or replace the loss of or damage to Property Collateral as Administrative Agent, Lender in its discretion (but with the approval of the Required Lenders), may from time to time determine. Borrower further covenants that all insurance premiums owing under its current policies have been paid. Borrower shall notify Administrative Agent immediately Lender, immediately, upon Borrower’s or any of its Subsidiaries’ 's receipt of a notice of termination, cancellation, or non-renewal from its insurance company of any such policy.

Appears in 1 contract

Samples: Loan and Security Agreement (WPCS International Inc)

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Property Insurance, Public and Products Liability Insurance. Borrower and each of its Subsidiaries shall maintain insurance (i) on all insurable tangible Property against fire, flood, casualty and such other hazards (including, without limitation, extended coverage, workmen’s compensation, boiler and machinery, with inflation coverage by endorsement) and (ii) against public liability, product liability and business interruption, in each case in such amounts, with such deductibles and with such insurers as are customarily used by companies operating in the same industry as Borrower from insurers acceptable to Administrative Agent and with an AM Best rating of no lower than A-Borrower. At or prior to Closing, Borrower shall furnish Administrative Agent Lender with duplicate original policies of insurance or such other evidence of insurance as Administrative Agent Lender may require, and any certificates of insurance shall be issued on Accord Xxxxx Form-27. In the event Borrower or any of its Subsidiaries fails to procure or cause to be procured any such insurance or to timely pay or cause to be paid the premium(s) on any such insurance, Administrative Agent Lender may do so for Borrower, but Borrower shall continue to be liable for the same. The policies of all such casualty insurance shall contain standard lenderLender’s loss payable clauses Loss Payable Clauses (and, with respect to liability and interruption insurance, additional insured clauses) issued in favor of Administrative Agent on behalf of and for the benefit of Lenders Lender under which all losses thereunder shall be paid to Administrative Agent, on behalf of and for the benefit of Lenders, Lender as Lenders’ Lender’s interest may appear. Such policies shall expressly provide that the requisite insurance cannot be altered or canceled without thirty (30) days prior written notice to Administrative Agent Lender and shall insure Administrative Agent Lender notwithstanding the act or neglect of Borrower. Insurance proceeds paid to the Administrative Agent shall be made available to permit the restoration of damage with such proceeds to all Property; provided, however, that following the occurrence and continuance of an Event of Default, Borrower hereby appoints Administrative Agent Lender as Borrower’s and each of its Subsidiaries’ attorney-in-fact, exercisable at Administrative AgentLender’s option to endorse any check which may be payable to Borrower or any Subsidiary in order to collect the proceeds of such insurance on behalf of and for the benefit of Lenders, and, any amount or amounts collected by Lender pursuant to the provisions of this Section 5.2(b) such proceeds may be applied by Administrative AgentLender, in its discretion (but with the approval of the Required Lenders)sole discretion, to any Obligations or to repair, reconstruct or replace the loss of or damage to Property Collateral as Administrative Agent, Lender in its discretion (but with the approval of the Required Lenders), may from time to time determine. Borrower further covenants that all insurance premiums owing under its current policies have been paid. Borrower shall notify Administrative Agent immediately Lender, immediately, upon Borrower’s or any of its Subsidiaries’ receipt of a notice of termination, cancellation, or non-renewal from its insurance company of any such policy.

Appears in 1 contract

Samples: Loan and Security Agreement (KeyStone Solutions, Inc.)

Property Insurance, Public and Products Liability Insurance. Each Borrower and each of its Subsidiaries shall maintain insurance (i) on all insurable tangible Property against fire, flood, casualty and such other hazards (including, without limitation, extended coverage, workmen’s 's compensation, boiler and machinery, with inflation coverage by endorsement) and (ii) against public liability, product liability and business interruption, in each case in such amounts, with such deductibles and with such insurers as are customarily used by companies operating in the same industry as Borrower from insurers acceptable to Administrative Agent and with an AM Best rating of no lower than A-Borrowers. At or prior to Closing, Borrower Borrowers shall furnish Administrative Agent with duplicate original policies of insurance or such other evidence of insurance as Administrative Agent may require, and any certificates of insurance shall be issued on Accord Form-27. In the event any Borrower or any of its Subsidiaries fails to procure or cause to be procured any such insurance or to timely pay or cause to be paid the premium(s) on any such insurance, Administrative Agent (on behalf of Lenders) may do so for such Borrower, but such Borrower shall continue to be liable for the same. The policies of all such casualty insurance shall contain standard lender’s loss payable clauses Mortgagee and Lender's Loss Payable Clauses (and, with respect to liability and interruption insurance, additional insured clauses) issued in favor of Administrative Agent on behalf of and for the benefit of Lenders under which all losses thereunder shall be paid to Administrative Agent, on behalf of and Agent (for the ratable benefit of Lenders, ) as Lenders’ Agent's interest may appear. Such policies shall expressly provide that the requisite insurance cannot be altered or canceled without thirty (30) days prior written notice to Administrative Agent and shall insure Administrative Agent notwithstanding the act or neglect of any Borrower. Insurance proceeds paid to the Administrative Agent shall be made available to permit the restoration of damage with such proceeds to all Property; provided, however, that following the occurrence and continuance of an Event of Default, Each Borrower hereby appoints Administrative Agent as such Borrower’s and each of its Subsidiaries’ 's attorney-in-fact, exercisable at Administrative Agent’s 's option to endorse any check (but only a check in excess of $100,000 if no Event of Default has occurred) which may be payable to any Borrower or any Subsidiary in order to collect the proceeds of such insurance on behalf of and for the benefit of Lenders, and, any amount or amounts collected by Agent pursuant to the provisions of this Section 5.2(b) such proceeds paragraph may be applied by Administrative Agent, in its discretion (but with the approval of the Required Lenders)sole discretion, to any Obligations or to repair, reconstruct or replace the loss of or damage to Property Collateral as Administrative Agent, Agent in its discretion (but with the approval of the Required Lenders), reasonable judgment may from time to time determine. Borrower Borrowers further covenants covenant that all insurance premiums owing under its current policies have been paid. Borrower Borrowers shall notify Administrative Agent immediately Agent, immediately, upon any Borrower’s or any of its Subsidiaries’ 's receipt of a notice of termination, cancellation, or non-renewal from its insurance company of any such policy.

Appears in 1 contract

Samples: Loan and Security Agreement (Phoenix Color Corp)

Property Insurance, Public and Products Liability Insurance. Borrower and each of its Subsidiaries shall maintain insurance (i) on all insurable tangible Property against fire, flood, casualty and such other hazards (including, without limitation, extended coverage, workmen’s compensation, boiler and machinery, with inflation coverage by endorsement) and (ii) against public liability, product liability and business interruption, in each case in such amounts, with such deductibles and with such insurers as are customarily used by companies operating in the same industry and geographic area as Borrower from insurers acceptable to Administrative Agent and with an AM Best rating of no lower than A-Borrower. At or prior to Closing, Borrower shall furnish Administrative Agent Lender with duplicate original policies of insurance or such other evidence of insurance as Administrative Agent Lender may require, and any certificates of insurance shall be issued on Accord Form-27. In the event Borrower or any of its Subsidiaries fails to procure or cause to be procured any such insurance or to timely pay or cause to be paid the premium(s) on any such insurance, Administrative Agent Lender may do so for Borrower, but Borrower shall continue to be liable for the same. The policies of all such casualty insurance shall contain standard lenderLender’s loss payable clauses Loss Payable Clauses (and, with respect to liability and interruption insurance, additional insured clauses) issued in favor of Administrative Agent on behalf of and for the benefit of Lenders Lender under which all losses thereunder shall be paid to Administrative Agent, on behalf of and for the benefit of Lenders, Lender as Lenders’ Lender’s interest may appear. Such policies shall expressly provide that the requisite insurance cannot be altered or canceled without thirty (30) days prior written notice to Administrative Agent Lender and shall insure Administrative Agent Lender notwithstanding the act or neglect of Borrower. Insurance proceeds paid With respect to any single claim which exceeds $500,000 or any series of claims in any twelve month period which in the Administrative Agent shall be made available to permit the restoration of damage with such proceeds to all Property; provided, however, that following the occurrence and continuance of an Event of Defaultaggregate $1,500,000, Borrower hereby appoints Administrative Agent Lender as Borrower’s and each of its Subsidiaries’ attorney-in-fact, exercisable at Administrative AgentLender’s option to endorse any check which may be payable to Borrower or any Subsidiary in order to collect the proceeds of such insurance on behalf of and for the benefit of Lenders, and, any amount or amounts collected by Lender pursuant to the provisions of this Section 5.2(b) such proceeds may be applied by Administrative AgentLender, in its discretion (but with the approval of the Required Lenders)sole discretion, to any Obligations or to repair, reconstruct or replace the loss of or damage to Property Collateral as Administrative Agent, Lender in its discretion (but with the approval of the Required Lenders), may from time to time determine. Borrower further covenants that all insurance premiums owing under its current policies have been paid. Borrower shall notify Administrative Agent immediately Lender, immediately, upon Borrower’s or any of its Subsidiaries’ receipt of a notice of termination, cancellation, or non-renewal from its insurance company of any such policy.

Appears in 1 contract

Samples: Loan and Security Agreement (Newtek Business Services Inc)

Property Insurance, Public and Products Liability Insurance. Borrower and each of its Subsidiaries Each Person included in the Dekania Group shall maintain insurance (or have insurance maintained on its behalf) (i) on all insurable tangible Property against fire, flood, casualty and such other hazards (including, without limitation, extended coverage, workmen’s compensation, boiler and machinery, with inflation coverage by endorsement) and (ii) against public liability, product liability and business interruption, in each case in such amounts, with such deductibles and with such insurers as are customarily used by companies operating in the same industry as Borrower from insurers acceptable to Administrative Agent and with an AM Best rating of no lower than A-Borrower. At or prior to Closing, Borrower shall furnish Administrative Agent with duplicate original policies of insurance or such other evidence of insurance as Administrative Agent may require, and any certificates of insurance shall be issued on Accord Axxxx Form-27. In the event Borrower or any of its Subsidiaries fails to procure or cause to be procured any such insurance or to timely pay or cause to be paid the premium(s) on any such insurance, Administrative Agent may do so for Borrower, but Borrower shall continue to be liable for the same. The policies of all such casualty insurance shall contain standard lenderLender’s loss payable clauses Loss Payable Clauses (and, with respect to liability and interruption insurance, additional insured clauses) issued in favor of Administrative Agent on behalf of and for the benefit of Lenders under which all losses thereunder shall be paid to Administrative Agent, on behalf of and for the benefit of Lenders, as Lenders’ interest may appear. Such policies shall expressly provide that the requisite insurance cannot be altered or canceled without thirty (30) days prior written notice to Administrative Agent and shall insure Administrative Agent notwithstanding the act or neglect of Borrowerany Person included in the Dekania Group. Insurance proceeds paid to the Administrative Agent shall be made available to permit the restoration of damage with such proceeds to all Property; provided, however, that following the occurrence and continuance of Effective upon an Event of Default, Borrower hereby appoints Administrative Agent as Borrower’s and each of its Subsidiaries’ attorney-in-fact, exercisable at Administrative Agent’s option to endorse any check which may be payable to Borrower or any Subsidiary Person included in the Dekania Group in order to collect the proceeds of such insurance on behalf of and for the benefit of Lenders, and, any amount or amounts collected by Agent pursuant to the provisions of this Section 5.2(b) such proceeds may be applied by Administrative Agent, in its discretion (but with the approval of the Required Lenders)sole discretion, to any Obligations or to repair, reconstruct or replace the loss of or damage to Property Collateral as Administrative Agent, Agent in its discretion (but with the approval of the Required Lenders), may from time to time determine. Borrower further covenants that all insurance premiums owing under its current policies have been paid. Borrower shall notify Administrative Agent immediately Agent, immediately, upon Borrower’s or any of its Subsidiaries’ receipt of a notice of termination, cancellation, or non-renewal from its insurance company of any such policy.

Appears in 1 contract

Samples: Loan and Security Agreement (COHEN & Co INC.)

Property Insurance, Public and Products Liability Insurance. Borrower and each of its Subsidiaries Seller shall maintain insurance (i) on all insurable tangible Property against fire, flood, casualty and such other hazards (including, without limitation, extended coverage, workmen’s compensation, boiler and machinery, with inflation coverage by endorsement) and (ii) against public liability, product liability and business interruption, in each case in such amounts, with such deductibles and with such insurers as are customarily used by companies operating in the same industry as Borrower from insurers acceptable to Administrative Agent and with an AM Best rating of no lower than A-Seller. At or prior to Closingthe Closing Date, Borrower Seller shall furnish Administrative Agent FGI with duplicate original policies of insurance or such other evidence of insurance as Administrative Agent FGI may require, and any certificates of insurance shall be issued on Accord Xxxxx Form-27. In the event Borrower or any of its Subsidiaries Seller fails to procure or cause to be procured any such insurance or to timely pay or cause to be paid the premium(s) on any such insurance, Administrative Agent FGI may do so for BorrowerSeller, but Borrower Seller shall continue to be liable for the same. The policies of all such casualty insurance shall contain standard lenderFGI’s lender loss payable clauses (and, with respect to liability and interruption insurance, additional insured clauses) issued in favor of Administrative Agent on behalf of and for the benefit of Lenders FGI under which all losses thereunder shall be paid to Administrative Agent, on behalf of and for the benefit of Lenders, FGI as Lenders’ FGI’s interest may appear. Such policies shall expressly provide that the requisite insurance cannot be altered or canceled without thirty (30) days prior written notice to Administrative Agent FGI and shall insure Administrative Agent FGI notwithstanding the act or neglect of BorrowerSeller. Insurance proceeds paid to the Administrative Agent shall be made available to permit the restoration of damage with such proceeds to all Property; provided, however, that following the occurrence and continuance of an Event of Default, Borrower Seller hereby appoints Administrative Agent FGI as BorrowerSeller’s and each of its Subsidiaries’ attorney-in-fact, exercisable at Administrative AgentFGI’s option option, to endorse any check which may be payable to Borrower or any Subsidiary Seller in order to collect the proceeds of such insurance on behalf of and for the benefit of Lenders, and, any amount or amounts collected by FGI pursuant to the provisions of this Section 5.2(b) such proceeds may be applied by Administrative AgentFGI, in its discretion (but with the approval of the Required Lenders)sole discretion, to any Obligations or to repair, reconstruct or replace the loss of or damage to Property Collateral as Administrative Agent, FGI in its discretion (but with the approval of the Required Lenders), may from time to time determine. Borrower Seller further covenants that all insurance premiums owing under its current policies have been paid. Borrower Seller shall notify Administrative Agent immediately FGI, immediately, upon BorrowerSeller’s or any of its Subsidiaries’ receipt of a notice of termination, cancellation, or non-renewal from its insurance company of any such policy.

Appears in 1 contract

Samples: Sale of Accounts and Security Agreement (Intercloud Systems, Inc.)

Property Insurance, Public and Products Liability Insurance. Each Borrower and each of its Subsidiaries shall maintain insurance (i) on all insurable tangible Property against fire, flood, casualty and such other hazards (including, without limitation, extended coverage, workmen’s compensation, boiler and machinery, with inflation coverage by endorsement) and (ii) against public liability, product liability and business interruption, in each case in such amounts, with such deductibles and with such insurers as are customarily used by companies operating in the same industry as Borrower from insurers acceptable to Administrative Agent and with an AM Best rating of no lower than A-such Loan Party. At or prior to Closing, each Borrower shall furnish Administrative Agent Lender with duplicate original policies of insurance or such other evidence of insurance as Administrative Agent Lender may require, and any certificates of insurance shall be issued on Accord Axxxx Form-27. In the event any Borrower or any of its Subsidiaries fails to procure or cause to be procured any such insurance or to timely pay or cause to be paid the premium(s) on any such insurance, Administrative Agent Lender may do so for Borrower, such Borrower but such Borrower shall continue to be liable for the same. The policies of all such casualty insurance shall contain standard lenderLender’s loss payable clauses Loss Payable Clauses (and, with respect to liability and interruption insurance, additional insured clauses) issued in favor of Administrative Agent on behalf of and for the benefit of Lenders Lender under which all losses thereunder shall be paid to Administrative Agent, on behalf of and for the benefit of Lenders, Lender as Lenders’ Lender’s interest may appear. Such policies shall expressly provide that the requisite insurance cannot be altered or canceled without thirty (30) days prior written notice to Administrative Agent Lender and shall insure Administrative Agent Lender notwithstanding the act or neglect of Borrowerany Loan Party. Insurance proceeds paid to the Administrative Agent shall be made available to permit the restoration of damage with such proceeds to all Property; provided, however, that following the occurrence and continuance of an Event of Default, Each Borrower hereby appoints Administrative Agent Lender as such Borrower’s and each of its Subsidiaries’ attorney-in-fact, exercisable at Administrative AgentLender’s option to endorse any check which may be payable to such Borrower or any Subsidiary in order to collect the proceeds of such insurance on behalf of and for the benefit of Lenders, and, any amount or amounts collected by Lender pursuant to the provisions of this Section 5.2(b) such proceeds may be applied by Administrative AgentLender, in its discretion (but with the approval of the Required Lenders)sole discretion, to any Obligations or to repair, reconstruct or replace the loss of or damage to Property Collateral as Administrative Agent, Lender in its discretion (but with the approval of the Required Lenders), may from time to time determine; provided that so long as no Event of Default shall have occurred and be continuing, Borrower’s consent shall be required prior to any repair, reconstruction or replacement by Lender. Each Borrower further covenants that all insurance premiums owing under its current policies have been paid. Each Borrower shall notify Administrative Agent immediately Lender, immediately, upon Borrowersuch Loan Party’s or any of its Subsidiaries’ receipt of a notice of termination, cancellation, or non-renewal from its insurance company of any such policy.

Appears in 1 contract

Samples: Loan and Security Agreement (JetPay Corp)

Property Insurance, Public and Products Liability Insurance. Each Borrower and each of its Subsidiaries shall maintain insurance (i) on all insurable tangible Property against fire, flood, casualty and such other hazards (including, without limitation, extended coverage, workmen’s compensation, boiler and machinery, with inflation coverage by endorsement) and (ii) against public liability, product liability and business interruption, in each case in such amounts, with such deductibles and with such insurers as are customarily used by companies operating in the same industry as Borrower from insurers acceptable to Administrative Agent and with an AM Best rating of no lower than A-such Loan Party. At or prior to Closing, each Borrower shall furnish Administrative Agent Lender with duplicate original policies of insurance or such other evidence of insurance as Administrative Agent Lender may require, and any certificates of insurance shall be issued on Accord Form-27Axxxx Form 25 or 27 (or 28), as applicable. In the event any Borrower or any of its Subsidiaries fails to procure or cause to be procured any such insurance or to timely pay or cause to be paid the premium(s) on any such insurance, Administrative Agent Lender may do so for Borrower, such Borrower but such Borrower shall continue to be liable for the same. The policies of all such casualty insurance shall contain standard lenderLender’s loss payable clauses Loss Payable Clauses (and, with respect to liability and interruption insurance, additional insured clauses) issued in favor of Administrative Agent on behalf of and for the benefit of Lenders Lender under which all losses thereunder shall be paid to Administrative Agent, on behalf of and for the benefit of Lenders, Lender as Lenders’ Lender’s interest may appear. Such policies shall expressly provide that the requisite insurance cannot be altered or canceled without thirty (30) days prior written notice to Administrative Agent Lender and shall insure Administrative Agent Lender notwithstanding the act or neglect of Borrowerany Loan Party. Insurance proceeds paid to the Administrative Agent shall be made available to permit the restoration of damage with such proceeds to all Property; provided, however, that following the occurrence and continuance of an Event of Default, Each Borrower hereby appoints Administrative Agent Lender as such Borrower’s and each of its Subsidiaries’ attorney-in-fact, exercisable at Administrative AgentLender’s option to endorse any check which may be payable to such Borrower or any Subsidiary in order to collect the proceeds of such insurance on behalf of and for the benefit of Lenders, and, any amount or amounts collected by Lender pursuant to the provisions of this Section 5.2(b) such proceeds may be applied by Administrative AgentLender, in its discretion (but with the approval of the Required Lenders)sole discretion, to any Obligations or to repair, reconstruct or replace the loss of or damage to Property Collateral as Administrative Agent, Lender in its discretion (but with the approval of the Required Lenders), may from time to time determine; provided that so long as no Event of Default shall have occurred and be continuing, Borrower’s consent shall be required prior to any repair, reconstruction or replacement by Lender. Each Borrower further covenants that all insurance premiums owing under its current policies have been paid. Each Borrower shall notify Administrative Agent immediately Lender, immediately, upon Borrowersuch Loan Party’s or any of its Subsidiaries’ receipt of a notice of termination, cancellation, or non-renewal from its insurance company of any such policy.

Appears in 1 contract

Samples: Loan and Security Agreement (JetPay Corp)

Property Insurance, Public and Products Liability Insurance. Borrower shall maintain and shall cause each of its Subsidiaries shall Subsidiary Guarantor to maintain insurance (i) on all insurable tangible Property against fire, flood, casualty and such other hazards (including, without limitation, extended coverage, workmen’s 's compensation, boiler and machinery, with inflation coverage by endorsement) and (ii) against public liability, product liability and business interruption, in each case in such amounts, with such deductibles and with such insurers as are customarily used by companies operating in the same industry as Borrower from insurers acceptable to Administrative Agent and with an AM Best rating of no lower than A-Borrower. At or prior to Closing, Borrower shall furnish Administrative Agent with duplicate original policies of insurance or such other evidence of insurance as Administrative Agent may require, and any certificates of insurance shall be issued on Accord Axxxx Form-27. In the event Borrower or any of its Subsidiaries fails to procure or cause to be procured any such insurance or to timely pay or cause to be paid the premium(s) on any such insurance, Administrative Agent may do so for Borrower, but Borrower shall continue to be liable for the same. The policies of all such casualty insurance shall contain standard lender’s loss payable clauses Lender's Loss Payable Clauses (and, with respect to liability and interruption insurance, additional insured clauses) issued in favor of Administrative Agent on behalf of and for the benefit of Lenders under which all losses thereunder shall be paid to Administrative Agent, on behalf of and for the benefit of Lenders, as Lenders’ interest may appear. Such policies shall expressly provide that the requisite insurance cannot be altered or canceled without thirty (30) days prior written notice to Administrative Agent and shall insure Administrative Agent notwithstanding the act or neglect of BorrowerBorrower or any Subsidiary Guarantor. Insurance proceeds paid to the Administrative Agent shall be made available to permit the restoration of damage with such proceeds to all Property; provided, however, that following the occurrence and continuance of Effective upon an Event of Default, Borrower hereby appoints Administrative Agent as Borrower’s and each of its Subsidiaries’ 's attorney-in-fact, exercisable at Administrative Agent’s 's option to endorse any check which may be payable to Borrower or any Subsidiary in order to collect the proceeds of such insurance on behalf of and for the benefit of Lenders, and, any amount or amounts collected by Agent pursuant to the provisions of this Section 5.2(b) such proceeds may be applied by Administrative Agent, in its discretion (but with the approval of the Required Lenders)sole discretion, to any Obligations or to repair, reconstruct or replace the loss of or damage to Property Collateral as Administrative Agent, Agent in its discretion (but with the approval of the Required Lenders), may from time to time determine. Borrower further covenants that all insurance premiums owing under its current policies have been paid. Borrower shall notify Administrative Agent immediately Agent, immediately, upon Borrower’s or any of its Subsidiaries’ 's receipt of a notice of termination, cancellation, or non-renewal from its insurance company of any such policy.

Appears in 1 contract

Samples: Loan and Security Agreement (Resource America Inc)

Property Insurance, Public and Products Liability Insurance. Borrower shall maintain and shall cause each of its Subsidiaries shall Subsidiary Guarantor to maintain insurance (i) on all insurable tangible Property against fire, flood, casualty and such other hazards (including, without limitation, extended coverage, workmen’s compensation, boiler and machinery, with inflation coverage by endorsement) and (ii) against public liability, product liability and business interruption, in each case in such amounts, with such deductibles and with such insurers as are customarily used by companies operating in the same industry as Borrower from insurers acceptable to Administrative Agent and with an AM Best rating of no lower than A-Borrower. At or prior to Closing, Borrower shall furnish Administrative Agent with duplicate original policies of insurance or such other evidence of insurance as Administrative Agent may require, and any certificates of insurance shall be issued on Accord Axxxx Form-27. In the event Borrower or any of its Subsidiaries fails to procure or cause to be procured any such insurance or to timely pay or cause to be paid the premium(s) on any such insurance, Administrative Agent may do so for Borrower, but Borrower shall continue to be liable for the same. The policies of all such casualty insurance shall contain standard lenderLender’s loss payable clauses Loss Payable Clauses (and, with respect to liability and interruption insurance, additional insured clauses) issued in favor of Administrative Agent on behalf of and for the benefit of Lenders under which all losses thereunder shall be paid to Administrative Agent, on behalf of and for the benefit of Lenders, as Lenders’ interest may appear. Such policies shall expressly provide that the requisite insurance cannot be altered or canceled without thirty (30) days prior written notice to Administrative Agent and shall insure Administrative Agent notwithstanding the act or neglect of BorrowerBorrower or any Subsidiary Guarantor. Insurance proceeds paid to the Administrative Agent shall be made available to permit the restoration of damage with such proceeds to all Property; provided, however, that following the occurrence and continuance of Effective upon an Event of Default, Borrower hereby appoints Administrative Agent as Borrower’s and each of its Subsidiaries’ attorney-in-fact, exercisable at Administrative Agent’s option to endorse any check which may be payable to Borrower or any Subsidiary in order to collect the proceeds of such insurance on behalf of and for the benefit of Lenders, and, any amount or amounts collected by Agent pursuant to the provisions of this Section 5.2(b) such proceeds may be applied by Administrative Agent, in its discretion (but with the approval of the Required Lenders)sole discretion, to any Obligations or to repair, reconstruct or replace the loss of or damage to Property Collateral as Administrative Agent, Agent in its discretion (but with the approval of the Required Lenders), may from time to time determine. Borrower further covenants that all insurance premiums owing under its current policies have been paid. Borrower shall notify Administrative Agent immediately Agent, immediately, upon Borrower’s or any of its Subsidiaries’ receipt of a notice of termination, cancellation, or non-renewal from its insurance company of any such policy.

Appears in 1 contract

Samples: Loan and Security Agreement (Resource America, Inc.)

Property Insurance, Public and Products Liability Insurance. Borrower and each of its Subsidiaries shall maintain insurance (i) on all insurable tangible Property against fire, flood, casualty and such other hazards (including, without limitation, extended coverage, workmen’s compensation, boiler and machinery, with inflation coverage by endorsement) and (ii) against public liability, product liability and business interruption, in each case in such amounts, with such deductibles and with such insurers as are customarily used by companies operating in the same industry as Borrower from insurers acceptable to Administrative Agent and with an AM Best rating of no lower than A-Borrower. At or prior to Closing, Borrower shall furnish Administrative Agent Lender with duplicate original policies of insurance or such other evidence of insurance as Administrative Agent Lender may require, and any certificates of insurance shall be issued on Accord Xxxxx Form-27. In the event Borrower or any of its Subsidiaries fails to procure or cause to be procured any such insurance or to timely pay or cause to be paid the premium(s) on any such insurance, Administrative Agent Lender may do so for Borrower, but Borrower shall continue to be liable for the same. The policies of all such casualty insurance shall contain standard lenderLender’s loss payable clauses Loss Payable Clauses (and, with respect to liability and interruption insurance, additional insured clauses) issued in favor of Administrative Agent on behalf of and for the benefit of Lenders Lender under which all losses with respect to the Collateral thereunder shall be paid to Administrative Agent, on behalf of and for the benefit of Lenders, Lender as Lenders’ Lender’s interest may appear. Such policies shall expressly provide that the requisite insurance cannot be altered or canceled without thirty (30) days prior written notice to Administrative Agent Lender and shall insure Administrative Agent Lender notwithstanding the act or neglect of Borrower. Insurance proceeds paid to the Administrative Agent shall be made available to permit the restoration of damage with such proceeds to all Property; provided, however, that following the occurrence and continuance of an Event of Default, Borrower hereby appoints Administrative Agent Lender as Borrower’s and each of its Subsidiaries’ attorney-in-fact, exercisable at Administrative AgentLender’s option to endorse any check which may be payable to Borrower or any Subsidiary in order to collect the proceeds of such insurance on behalf of and for the benefit of Lenders, and, any amount or amounts collected by Lender pursuant to the provisions of this Section 5.2(b) such proceeds may be applied by Administrative AgentLender, in its discretion (but with the approval of the Required Lenders)sole discretion, to any Obligations or to repair, reconstruct or replace the loss of or damage to Property Collateral as Administrative Agent, Lender in its discretion (but with the approval of the Required Lenders), may from time to time determine. Borrower further covenants that all insurance premiums owing under its current policies have been paid. Borrower shall notify Administrative Agent immediately Lender, immediately, upon Borrower’s or any of its Subsidiaries’ receipt of a notice of termination, cancellation, or non-renewal from its insurance company of any such policy.

Appears in 1 contract

Samples: Loan and Security Agreement (Colony Rih Holdings Inc)

Property Insurance, Public and Products Liability Insurance. Borrower and each of its Subsidiaries shall maintain insurance (i) on all insurable tangible Property against fire, flood, casualty and such other hazards (including, without limitation, extended coveragehazard, workmen’s compensation, boiler public liability and machinery, with inflation coverage by endorsement) and (ii) against public liability, product liability and business interruptioninsurance, in each case in such amounts, with such deductibles and with such insurers as are customarily used by companies operating in the same industry as Borrower from insurers acceptable to Administrative Agent and with an AM Best rating of no lower than A-. At or prior to Closing, Borrower shall furnish Administrative Agent with duplicate original policies of insurance or such other evidence of insurance as Administrative Agent may require, and any certificates of insurance shall be issued on Accord Form-27Borrower. In the event Borrower or any of its Subsidiaries fails to procure or cause to be procured any such insurance or to timely pay or cause to be paid the premium(s) on any such insurance, Administrative Agent Lender may do so for Borrower, but Borrower shall continue to be liable for the same. The policies of all such casualty insurance shall contain standard lender’s lender loss payable clauses clause (and, with respect to liability and interruption insurance, additional insured clauses) issued in favor of Administrative Agent on behalf of and for the benefit of Lenders Lender under which all losses thereunder shall be paid to Administrative Agent, on behalf of and for the benefit of Lenders, Lender as Lenders’ Lender’s interest may appear. Such policies shall expressly provide that the requisite insurance cannot be altered or canceled without thirty (30) days prior written notice to Administrative Agent Lender and shall insure Administrative Agent Lender notwithstanding the act or neglect of Borrower. Insurance proceeds paid to the Administrative Agent shall be made available to permit the restoration of damage with such proceeds to all Property; provided, however, that following the occurrence and continuance of an Event of Default, Borrower hereby appoints Administrative Agent Lender as Borrower’s and each of its Subsidiaries’ attorney-in-fact, exercisable at Administrative AgentLender’s option after and during the continuance of an Event of Default, to endorse any check which may be payable to Borrower or any Subsidiary in order to collect the proceeds of such insurance on behalf after and during the continuance of an Event of Default and for the benefit of Lenders, and, any amount or amounts collected by Lender pursuant to the provisions of this Section 5.2(b) such proceeds may be applied by Administrative AgentLender, in its discretion (but with the approval of the Required Lenders)sole discretion, to any Obligations or to repair, reconstruct or replace the loss of or damage to Property Collateral as Administrative Agent, Lender in its discretion (but with the approval of the Required Lenders), may from time to time determine. Borrower further covenants that all insurance premiums owing under its current policies have been paid. Borrower shall notify Administrative Agent immediately Lender, immediately, upon Borrower’s or any of its Subsidiaries’ receipt of a notice of termination, cancellation, or non-renewal from its insurance company of any such policy.

Appears in 1 contract

Samples: Loan and Security Agreement (Point Therapeutics Inc)

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