PROTECTION OF LENDER'S SECURITY. Each of the Assignors will do nothing to impair the rights of the Lender in the Collateral. Each of the Assignors will at all times keep its Inventory and Equipment insured in favor of the Lender, at its own expense, to the Lender's reasonable satisfaction against fire, theft and all other risks to which such Collateral may be subject; all policies or certificates with respect to such insurance shall be endorsed to the Lender's satisfaction (including, without limitation, by naming the Lender as loss payee) and deposited with the Lender. If any of the Assignors shall fail to insure such Inventory and Equipment to the Lender's reasonable satisfaction, or if any of the Assignors shall fail to so endorse and deposit all policies or certificates with respect thereto, the Lender shall have the right (but shall be under no obligation) to procure such insurance and each of the Assignors agrees to reimburse the Lender for all costs and expenses of procuring such insurance. The Lender may apply any proceeds of such insurance when received by it toward the payment of any of the Obligations to the extent the same shall then be due. Each of the Assignors assumes all liability and responsibility in connection with the Collateral acquired by it and the liability of such Assignor to pay its Obligations shall in no way be affected or diminished by reason of the fact that such Collateral may be lost, destroyed, stolen, damaged or for any reason whatsoever unavailable to such Assignor.
Appears in 1 contract
PROTECTION OF LENDER'S SECURITY. Each of the Assignors will do nothing to impair the rights of the Lender in the Collateral. Each of the Assignors Debtor will at all ------------------------------- times keep its Inventory and Equipment insured in favor of the Lender, at its such Debtor's own expense, to the Lender's reasonable satisfaction against fire, theft and all other risks to which such Collateral may be subject; all policies or certificates with respect to such insurance (and any other insurance maintained by such Debtor) (a) shall be endorsed to the Lender's reasonable satisfaction for the benefit of the Lender (including, without limitation, by naming the Lender as additional insured and loss payee) and (b) shall state that such insurance policies shall not be canceled without 30 days' prior written notice thereof by the insurer to the Lender; and upon the Lender's request, certified copies of such policies or certificates with respect thereto shall be deposited with the Lender. If any of the Assignors Debtor shall fail to insure such Inventory and its Equipment to in accordance with the Lender's reasonable satisfactionpreceding sentence, or if any of the Assignors Debtor shall fail to so endorse and deposit all policies or certificates with respect thereto, the Lender shall have the right (but shall be under no obligation) ), upon prior written notice to such Debtor, to procure such insurance and each of the Assignors such Debtor agrees to promptly reimburse the Lender for all costs and expenses of procuring such insurance. The Lender may apply shall, at the time any proceeds of such insurance when received by it toward the payment of any of the Obligations are distributed to the extent Lender, apply such proceeds in accordance with Section 5.4 hereof except as otherwise provided by the same shall then be dueapplicable Credit Agreement. Each of the Assignors assumes all liability and responsibility in connection with the Collateral acquired by it and the The liability of such Assignor each Debtor to pay its the Secured Obligations shall in no way be affected or diminished by reason of the fact that such any Personal Property Collateral may be lost, destroyed, stolen, damaged or for any reason whatsoever unavailable to such AssignorDebtor.
Appears in 1 contract
Samples: Security Agreement (NMT Medical Inc)
PROTECTION OF LENDER'S SECURITY. Each If Trustor fails to perform the covenants and agreements contained in this Instrument following the expiration of any notice or cure period under the Assignors will do nothing to impair the rights of the Lender in the Collateral. Each of the Assignors will at all times keep its Inventory and Equipment insured in favor of the Lender, at its own expense, to the Lender's reasonable satisfaction against fire, theft and all other risks to which such Collateral may be subject; all policies or certificates with respect to such insurance shall be endorsed to the Lender's satisfaction (including, without limitation, by naming the Lender as loss payee) and deposited with the Lender. If any of the Assignors shall fail to insure such Inventory and Equipment to the Lender's reasonable satisfactionCredit Agreement, or if any action or proceeding is commenced which affects all of or any portion of the Assignors shall fail Deed of Trust Property or title thereto or the interest of Beneficiary therein, including, but not limited to, eminent domain, insolvency, code enforcement, or arrangements or proceedings involving a bankrupt or decedent, then Beneficiary, at Beneficiary's option, may make such appearances, disburse such sums and take such action as Beneficiary deems necessary, in its sole discretion, to so endorse protect Beneficiary's interest, including, but not limited to, (i) disbursement of attorneys' fees, (ii) entry upon the Property to make repairs, (iii) procurement of satisfactory insurance as provided in PARAGRAPH 4 hereof, (iv) if this Instrument is on a leasehold, exercise of any option to renew or extend the ground lease on behalf of Trustor and deposit all policies or certificates with respect thereto, the Lender shall have curing of any default of Trustor in the right (but shall be under no obligation) to procure such insurance terms and each conditions of the Assignors agrees to reimburse the Lender for all costs ground lease, and expenses of procuring such insurance. The Lender may apply any proceeds of such insurance when received by it toward (v) the payment of any Impositions levied against the Property then due and payable. Any amounts disbursed by Beneficiary pursuant to this PARAGRAPH 8, with interest thereon, shall become additional indebtedness of Trustor secured by this Instrument and shall automatically be included in the Obligations Secured Obligations. Unless Trustor and Beneficiary agree to other terms of payment, such amounts shall be immediately due and payable promptly after Trustor's receipt of a written demand from Beneficiary for payment thereof and shall bear interest from the date of disbursement at a rate per annum equal to the extent rate per annum payable on past due Base Rate Loans under the same Credit Agreement. Trustor hereby covenants and agrees that Beneficiary shall then be duesubrogated to the lien of any mortgage or other lien discharged, in whole or in part, by the indebtedness secured hereby. Each of the Assignors assumes all liability and responsibility Nothing contained in connection with the Collateral acquired by it and the liability of such Assignor this PARAGRAPH 8 shall require Beneficiary to pay its Obligations shall in no way be affected incur any expense or diminished by reason of the fact that such Collateral may be lost, destroyed, stolen, damaged or for take any reason whatsoever unavailable to such Assignoraction hereunder.
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PROTECTION OF LENDER'S SECURITY. Each Except when Borrower has exercised Borrower’s rights under paragraph 6 above, if the Borrower fails to perform the covenants and agreements contained in this Deed of the Assignors will do nothing to impair the rights of the Lender Trust, or if a default occurs in the Collateral. Each of the Assignors will at all times keep its Inventory and Equipment insured in favor of the Lender, at its own expense, to the Lender's reasonable satisfaction against fire, theft and all other risks to which such Collateral may be subject; all policies or certificates with respect to such insurance shall be endorsed to the Lender's satisfaction (including, without limitation, by naming the Lender as loss payee) and deposited with the Lender. If any of the Assignors shall fail to insure such Inventory and Equipment to the Lender's reasonable satisfactiona prior lien, or if any action or proceeding is commenced which materially affects Lenders' interest in the Property, then Lenders, at Lenders' option, with notice to Borrower if required by law, may make such appearances, disburse such sums and take such action as is necessary to protect Lenders' interest, including, but not limited to:
(a) any general or special taxes or ditch or water assessments levied or accruing against the Property;
(b) the premiums on any insurance necessary to protect any improvements comprising a part of the Assignors shall fail Property;
(c) sums due on any prior lien or encumbrance on the Property;
(d) if the Property is a leasehold or is subject to so endorse and deposit a lease, all policies or certificates with respect thereto, sums due under such lease;
(e) the Lender shall have the right (but shall be under no obligation) to procure such insurance and each of the Assignors agrees to reimburse the Lender for all reasonable costs and expenses of procuring such insurance. The Lender may apply any proceeds defending, protecting, and maintaining the Property and Xxxxxxx' interest in the Property, including repair and maintenance costs and expenses, costs and expenses of such insurance when received by it toward protecting and securing the payment Property, receiver’s fees and expenses, inspection fees, appraisal fees, court costs, attorney fees and costs, and fees and costs of any an attorney in the employment of the Obligations to the extent the same shall then be due. Each Lenders or holder of the Assignors assumes certificate of purchase;
(f) all liability other costs and responsibility in connection with expenses allowable by the Collateral acquired evidence of debt or this Deed of Trust, and
(g) such other costs and expenses which may be authorized by it and the liability a court of such Assignor competent jurisdiction. Borrower hereby assigns to pay its Obligations shall in no way be affected or diminished Lenders any right Borrower may have by reason of any prior encumbrance on the fact that such Collateral Property or by law or otherwise to cure any default under said prior encumbrance. Any amounts disbursed by Lenders pursuant to this paragraph 9, with interest thereon, shall become additional indebtedness of Borrower secured by this Deed of Trust. Such amounts shall be payable upon notice from Lenders to Borrower requesting payment thereof, and Lenders may be lost, destroyed, stolen, damaged bring suit to collect any amounts so disbursed plus interest specified in paragraph 2(b) (Notes; Other Obligations Secured). Nothing contained in this paragraph 9 shall require Lenders to incur any expense or for take any reason whatsoever unavailable to such Assignoraction hereunder.
Appears in 1 contract
Samples: Deed of Trust (Varca Ventures, Inc.)
PROTECTION OF LENDER'S SECURITY. Each of the Assignors Assignor will do nothing to impair the rights of the Lender in the CollateralCollateral except to the extent such impairment shall be waived in accordance with the terms of Section 10.2 hereof. Each of the Assignors Assignor will at all times keep its Inventory and Equipment insured in favor of the Lender, at its such Assignor's own expense, expense to the Lender's reasonable satisfaction against fire, theft extent and all other risks to which such Collateral may be subjectin the manner provided in the Credit Agreement; all policies or certificates with respect to such insurance (and any other insurance maintained by such Assignor) (i) shall be endorsed to the Lender's reasonable satisfaction for the benefit of the Lender (including, without limitation, by naming the Lender as additional insured and loss payee) and (ii) shall state that such insurance policies shall not be cancelled or revised without 30 days' prior written notice thereof by the insurer to the Lender; and certified copies of such policies or certificates shall be deposited with the Lender. If any of the Assignors Assignor shall fail to insure such its Inventory and Equipment to in accordance with the Lender's reasonable satisfactionpreceding sentence, or if any of the Assignors Assignor shall fail to so endorse and deposit all policies or certificates with respect thereto, the Lender shall have the right (but shall be under no obligation) to procure such insurance and each of the Assignors such Assignor agrees to promptly reimburse the Lender for all costs and expenses of procuring such insurance. The Except as otherwise permitted to be retained by the relevant Assignor pursuant to the Credit Agreement, the Lender may apply any shall, at the time such proceeds of such insurance when received by it toward the payment of any of the Obligations are distributed to the extent the same shall then be dueLender, apply such proceeds in accordance with Section 7.4 hereof. Each of the Assignors Assignor assumes all liability and responsibility in connection with the Collateral acquired by it and the liability of such Assignor to pay its the Obligations shall in no way be affected or diminished by reason of the fact that such Collateral may be lost, destroyed, stolen, damaged or for any reason whatsoever unavailable to such Assignor.
Appears in 1 contract
Samples: Credit Agreement (Agency Com LTD)