To Insure. The Company will at all times keep all its property of an insurable nature and of the character usually insured by companies operating similar properties, insured in amounts customarily carried, and against loss or damage from such causes as are customarily insured against, by similar companies. All such insurance shall be effected with responsible insurance carriers. All policies or other contracts for such insurance upon any part of the Trust Estate shall provide that the proceeds of such insurance (except in the case of any particular casualty resulting in damage or destruction not exceeding $2,000,000 in the aggregate) shall be payable, subject to the requirements of any Prior Lien, to the Trustee as its interest may appear (by means of a standard mortgagee clause or other similar clause acceptable to the Trustee, without contribution). Each policy or other contract for such insurance, or such mortgagee clause, shall contain an agreement by the insurer that, notwithstanding any right of cancellation reserved to such insurer, such policy or contract shall continue in force for the benefit of the Trustee for at least thirty (30) days after written notice to the Trustee of cancellation. As soon as practicable after the execution of this Indenture, and within ninety (90) days after the close of each calendar year thereafter, and at any time upon the request of the Trustee, the Company will file with the Trustee an Officers' Certificate containing a detailed list of the insurance in force upon the Trust Estate on a date therein specified (which date shall be within thirty (30) days of the filing of such Certificate), including the names of the insurers with which the policies and other contracts of insurance on the Trust Estate are carried, the numbers, amounts and expiration dates of such policies and other contracts and the property and hazards covered thereby, and stating that the insurance so listed complies with this Section, and the Trustee may conclusively rely on such Certificate. Any appraisement or adjustment or any loss or damage of or to any part of the Trust Estate and any settlement in respect thereof which may be agreed upon between the Company and any insurer, as evidenced by an Officers' Certificate, shall be accepted by the Trustee. All proceeds of insurance received by the Trustee shall be held and paid over or applied by the Trustee as provided in Article VI. All proceeds of any insurance on any part of the Trust Estate not payable to the Trustee or the trustee, mortgagee or other holder of a Prior Lien shall be applied by the Company to the repair, rebuilding or replacement of the property destroyed or damaged or shall be deposited with the Trustee to be held and paid over or applied by it as provided in Article VI.
Appears in 1 contract
Samples: Indenture (Oglethorpe Power Corp)
To Insure. The Each KPP Company will, and will at all times cause its Subsidiaries to,
(a) keep all of its property of an insurable nature and properties owned by it insured against all risks usually insured against by Persons operating like properties in the localities where the properties are located, all in amounts sufficient to prevent such KPP Company or Subsidiary, as the case may be, from becoming a coinsurer within the terms of the character usually insured by companies operating similar propertiespolicies in question, insured but in any event in amounts customarily carriednot less than the amounts set forth on Schedule 13 hereto or if greater, the amounts which would be maintained by a prudent company in the same industry and location;
(b) maintain public liability insurance against loss claims for personal injury, death or property damage from suffered by others upon or in or about any premises occupied by it or occurring as a result of its maintenance or operation of any airplanes, automobiles, trucks or other vehicles or other facilities (including any machinery used therein or thereon) or as the result of the use of products sold by it or services rendered by it;
(c) maintain such causes other types of insurance with respect to its business as are customarily insured againstusually carried by Persons of comparable size engaged in the same or a similar business and similarly situated, by including business interruption insurance; and
(d) maintain all such workmen's compensation or similar companiesinsurance as may be required under the laws of any State or jurisdiction in which it may be engaged in business. All such insurance shall be effected maintained in amounts consistent with responsible the practices of prudent Persons of comparable size and established reputation engaged in the same or a similar business and similarly situated and in compliance with any applicable laws; provided, however, such insurance carriersshall at a minimum be in such amounts, against such risks and with such deductible limits as set forth on Schedule 13. All insurance herein provided for shall be effected under a valid and enforceable policy or policies or other contracts issued by reputable and financially sound insurers. Any insurance policies covering Collateral shall be (i) endorsed to provide for such insurance upon any payment of losses to Trustee as its interests may appear, pursuant to a mortgage clause (without contribution) of standard form made part of the Trust Estate shall applicable policy, (ii) provide that such policies may not be cancelled, reduced or affected in any manner for any reason without fifteen days prior notice to Trustee and (iii) provide for any other matters specified in any applicable Security Document or which Trustee may reasonably require. In the proceeds event that any KPP Company or any of its Subsidiaries shall fail to maintain all insurance in accordance with this Section 7.4, any Holder and/or the Trustee shall have the right (but shall be under no obligation) to procure such insurance (except in and the case of any particular casualty resulting in damage KPP Companies agree to reimburse such Holder or destruction not exceeding $2,000,000 in the aggregate) shall be payable, subject to the requirements of any Prior Lien, to the Trustee as its interest may appear (by means of a standard mortgagee clause or other similar clause acceptable to the Trustee, without contribution). Each policy or other contract as the case may be, for all costs and expenses of procuring such insurance, or such mortgagee clause, shall contain an agreement by the insurer that, notwithstanding any right of cancellation reserved to such insurer, such policy or contract shall continue in force for the benefit of the Trustee for at least thirty (30) days after written notice to the Trustee of cancellation. As soon as practicable after the execution of this Indenture, and within ninety (90) days after the close of each calendar year thereafter, and at any time upon the request of the Trustee, the Company will file with the Trustee an Officers' Certificate containing a detailed list of the insurance in force upon the Trust Estate on a date therein specified (which date shall be within thirty (30) days of the filing of such Certificate), including the names of the insurers with which the policies and other contracts of insurance on the Trust Estate are carried, the numbers, amounts and expiration dates of such policies and other contracts and the property and hazards covered thereby, and stating that the insurance so listed complies with this Section, and the Trustee may conclusively rely on such Certificate. Any appraisement or adjustment or any loss or damage of or to any part of the Trust Estate and any settlement in respect thereof which may be agreed upon between the Company and any insurer, as evidenced by an Officers' Certificate, shall be accepted by the Trustee. All proceeds of insurance received by the Trustee shall be held and paid over or applied by the Trustee as provided in Article VI. All proceeds of any insurance on any part of the Trust Estate not payable to the Trustee or the trustee, mortgagee or other holder of a Prior Lien shall be applied by the Company to the repair, rebuilding or replacement of the property destroyed or damaged or shall be deposited with the Trustee to be held and paid over or applied by it as provided in Article VI.
Appears in 1 contract
Samples: Note Purchase Agreement (Kaneb Pipe Line Partners L P)
To Insure. The Company will at all times Obligors shall (in addition to the insurance required to be maintained pursuant to the Security Instruments):
(a) keep all of its property of an insurable nature and properties owned by it insured against all risks usually insured against by persons operating like properties in the same geographical areas where the properties are located, all in amounts sufficient to prevent Obligor from becoming a coinsurer within the terms of the character usually insured by companies operating similar propertiespolicies in question, insured but in any event as to any improvements located thereon in amounts customarily carriednot less than eighty percent (80%) of the then full replacement value thereof;
(b) maintain public liability insurance against claims for personal injury, death or property damage suffered by others upon or in or about any premises occupied by it or occurring as a result of its maintenance or operation of any airplanes, automobiles, trucks or other vehicles or other facilities (including, but not limited to, any machinery used therein or thereon) or as the result of the use of products sold by it or services rendered by it;
(c) maintain such other types of insurance with respect to its business as is usually carried by persons of comparable size engaged in the same or similar business and against loss similarly situated; and
(d) maintain all such worker’s compensation or damage from such causes similar insurance as are customarily insured against, by similar companiesmay be required under the laws of any State or jurisdiction in which it may be engaged in business. All insurance for which provision has been made in Section 7.5 shall be maintained in at least such amounts as such insurance is usually carried by persons of comparable size engaged in the same or a similar business and similarly situated; and all insurance herein provided for shall be effected with responsible insurance carriers. All under a valid and enforceable policy or policies or other contracts for such insurance upon any part issued by insurers of the Trust Estate shall provide recognized responsibility, except that the proceeds of such insurance (except in the case of any particular casualty resulting in damage or destruction not exceeding $2,000,000 in the aggregate) shall be payable, subject to the requirements of any Prior Lien, to the Trustee as its interest Obligor may appear (by means of a standard mortgagee clause effect worker’s compensation or other similar clause acceptable to the Trustee, without contribution). Each policy insurance in respect of operations in any State or other contract for jurisdiction either through an insurance fund operated by such insurance, or such mortgagee clause, shall contain an agreement by the insurer that, notwithstanding any right of cancellation reserved to such insurer, such policy or contract shall continue in force for the benefit of the Trustee for at least thirty (30) days after written notice to the Trustee of cancellation. As soon as practicable after the execution of this Indenture, and within ninety (90) days after the close of each calendar year thereafter, and at any time upon the request of the Trustee, the Company will file with the Trustee an Officers' Certificate containing a detailed list of the insurance in force upon the Trust Estate on a date therein specified (which date shall be within thirty (30) days of the filing of such Certificate), including the names of the insurers with which the policies and other contracts of insurance on the Trust Estate are carried, the numbers, amounts and expiration dates of such policies and other contracts and the property and hazards covered thereby, and stating that the insurance so listed complies with this Section, and the Trustee may conclusively rely on such Certificate. Any appraisement or adjustment or any loss or damage of or to any part of the Trust Estate and any settlement in respect thereof which may be agreed upon between the Company and any insurer, as evidenced by an Officers' Certificate, shall be accepted by the Trustee. All proceeds of insurance received by the Trustee shall be held and paid over or applied by the Trustee as provided in Article VI. All proceeds of any insurance on any part of the Trust Estate not payable to the Trustee or the trustee, mortgagee State or other holder of a Prior Lien shall be applied jurisdiction or by the Company to the repair, rebuilding or replacement of the property destroyed or damaged or shall be deposited with the Trustee causing to be held and paid over maintained a system or applied by it as provided systems of self-insurance which are in Article VI.accord with applicable laws. Loan Agreement Gladstone 2020 Facility Loan Nos. 196915, 198677 & 200539 105131550 0053564-00437
Appears in 1 contract
Samples: Loan Agreement (GLADSTONE LAND Corp)
To Insure. The Company will, and will at all times cause each of its Subsidiaries to (in addition to the insurance required to be maintained pursuant to Paragraph 1.05 of the Deed of Trust and Section 2(e) of the Security Agreement):
(a) keep all its property of an their insurable nature and properties owned by them insured against all risks usually insured against by persons operating like properties in the same geographical areas where the properties are located, all in amounts sufficient to prevent the Company or such Subsidiary, as the case may be, from becoming a coinsurer within the terms of the character usually insured by companies operating similar propertiespolicies in question, insured but in any event in amounts customarily carriednot less than 100% of the then full replacement value thereof;
(b) maintain public liability insurance against claims for personal injury, death or property damage suffered by others upon or in or about any premises occupied by it or occurring as a result of its maintenance or operation of any airplanes, automobiles, trucks or other vehicles or other facilities (including, but not limited to, any machinery used therein or thereon) or as the result of the use of products sold by it or services rendered by it;
(c) maintain such other types of insurance with respect to its business as is usually carried by persons of comparable size engaged in the same or similar business and against loss similarly situated; and
(d) maintain all such worker’s compensation or damage from such causes similar insurance as are customarily insured against, by similar companiesmay be required under the laws of any State or jurisdiction in which it may be engaged in business. All insurance for which provision has been made in Section 7.5(b) and Section 7.5(c) shall be maintained in at least such amounts as such insurance is usually carried by persons of comparable size engaged in the same or a similar business and similarly situated; and all insurance herein provided for shall be effected with responsible insurance carriers. All under a valid and enforceable policy or policies or other contracts for such insurance upon any part issued by insurers of the Trust Estate shall provide recognized responsibility, except that the proceeds of Company or such insurance (except in the case of any particular casualty resulting in damage or destruction not exceeding $2,000,000 in the aggregate) shall be payable, subject to the requirements of any Prior Lien, to the Trustee as its interest Subsidiary may appear (by means of a standard mortgagee clause effect worker’s compensation or other similar clause acceptable to the Trustee, without contribution). Each policy insurance in respect of operations in any State or other contract for jurisdiction either through an insurance fund operated by such insurance, or such mortgagee clause, shall contain an agreement by the insurer that, notwithstanding any right of cancellation reserved to such insurer, such policy or contract shall continue in force for the benefit of the Trustee for at least thirty (30) days after written notice to the Trustee of cancellation. As soon as practicable after the execution of this Indenture, and within ninety (90) days after the close of each calendar year thereafter, and at any time upon the request of the Trustee, the Company will file with the Trustee an Officers' Certificate containing a detailed list of the insurance in force upon the Trust Estate on a date therein specified (which date shall be within thirty (30) days of the filing of such Certificate), including the names of the insurers with which the policies and other contracts of insurance on the Trust Estate are carried, the numbers, amounts and expiration dates of such policies and other contracts and the property and hazards covered thereby, and stating that the insurance so listed complies with this Section, and the Trustee may conclusively rely on such Certificate. Any appraisement or adjustment or any loss or damage of or to any part of the Trust Estate and any settlement in respect thereof which may be agreed upon between the Company and any insurer, as evidenced by an Officers' Certificate, shall be accepted by the Trustee. All proceeds of insurance received by the Trustee shall be held and paid over or applied by the Trustee as provided in Article VI. All proceeds of any insurance on any part of the Trust Estate not payable to the Trustee or the trustee, mortgagee State or other holder of a Prior Lien shall be applied jurisdiction or by the Company to the repair, rebuilding or replacement of the property destroyed or damaged or shall be deposited with the Trustee causing to be held and paid over maintained a system or applied by it as provided systems of self-insurance which are in Article VIaccord with applicable laws.
Appears in 1 contract
Samples: Loan Agreement (Cal Maine Foods Inc)
To Insure. The Company will at all times Obligors shall (in addition to the insurance required to be maintained pursuant to the Security Instruments):
(a) keep all of its property of an insurable nature and properties owned by it insured against all risks usually insured against by persons operating like properties in the same geographical areas where the properties are located, all in amounts sufficient to prevent Obligor from becoming a coinsurer within the terms of the character usually insured by companies operating similar propertiespolicies in question, insured but in any event as to any improvements located thereon in amounts customarily carriednot less than eighty percent (80%) of the then full replacement value thereof;
(b) maintain public liability insurance against claims for personal injury, death or property damage suffered by others upon or in or about any premises occupied by it or occurring as a result of its maintenance or operation of any airplanes, automobiles, trucks or other vehicles or other facilities (including, but not limited to, any machinery used therein or thereon) or as the result of the use of products sold by it or services rendered by it;
(c) maintain such other types of insurance with respect to its business as is usually carried by persons of comparable size engaged in the same or similar business and against loss similarly situated; and
(d) maintain all such worker’s compensation or damage from such causes similar insurance as are customarily insured against, by similar companiesmay be required under the laws of any State or jurisdiction in which it may be engaged in business. All insurance for which provision has been made in Section 7.5 shall be maintained in at least such amounts as such insurance is usually carried by persons of comparable size engaged in the same or a similar business and similarly situated; and all insurance herein provided for shall be effected with responsible insurance carriers. All under a valid and enforceable policy or policies or other contracts for such insurance upon any part issued by insurers of the Trust Estate shall provide recognized responsibility, except that the proceeds of such insurance (except in the case of any particular casualty resulting in damage or destruction not exceeding $2,000,000 in the aggregate) shall be payable, subject to the requirements of any Prior Lien, to the Trustee as its interest Obligor may appear (by means of a standard mortgagee clause effect worker’s compensation or other similar clause acceptable to the Trustee, without contribution). Each policy insurance in respect of operations in any State or other contract for jurisdiction either through an insurance fund operated by such insurance, or such mortgagee clause, shall contain an agreement by the insurer that, notwithstanding any right of cancellation reserved to such insurer, such policy or contract shall continue in force for the benefit of the Trustee for at least thirty (30) days after written notice to the Trustee of cancellation. As soon as practicable after the execution of this Indenture, and within ninety (90) days after the close of each calendar year thereafter, and at any time upon the request of the Trustee, the Company will file with the Trustee an Officers' Certificate containing a detailed list of the insurance in force upon the Trust Estate on a date therein specified (which date shall be within thirty (30) days of the filing of such Certificate), including the names of the insurers with which the policies and other contracts of insurance on the Trust Estate are carried, the numbers, amounts and expiration dates of such policies and other contracts and the property and hazards covered thereby, and stating that the insurance so listed complies with this Section, and the Trustee may conclusively rely on such Certificate. Any appraisement or adjustment or any loss or damage of or to any part of the Trust Estate and any settlement in respect thereof which may be agreed upon between the Company and any insurer, as evidenced by an Officers' Certificate, shall be accepted by the Trustee. All proceeds of insurance received by the Trustee shall be held and paid over or applied by the Trustee as provided in Article VI. All proceeds of any insurance on any part of the Trust Estate not payable to the Trustee or the trustee, mortgagee State or other holder of a Prior Lien shall be applied jurisdiction or by the Company to the repair, rebuilding or replacement of the property destroyed or damaged or shall be deposited with the Trustee causing to be held maintained a system or systems of self-insurance which are in accord with applicable laws. Loan Agreement Loan Nos. 196914 and paid over or applied by it as provided in Article VI.196915 Gladstone Land Portfolio 75738955.8 0053564-00150
Appears in 1 contract
Samples: Loan Agreement (GLADSTONE LAND Corp)