Common use of Unavailability of Insurance Clause in Contracts

Unavailability of Insurance. If any insurance (including the limits or deductibles thereof) hereby required to be maintained is not reasonably available and commercially feasible in the commercial insurance market, the Administrative Agent (acting in consultation with the Insurance Consultant) shall not unreasonably withhold their agreement to waive such requirement to the extent the maintenance thereof is not so available; provided, however, that the Borrowers shall first request any such waiver in writing to the Administrative Agent, which request shall be accompanied by a written report prepared by an insurance broker of nationally recognized standing, certifying that such insurance required is not reasonably available and commercially feasible (and, in any case where the required amount is not so available, certifying as to the maximum amount which is so available) and explaining in detail the basis for such conclusions. If after reviewing such evidence with the Insurance Consultant, the Administrative Agent concurs with such report, the Borrowers shall not be required to maintain such insurance until such time as such insurance is again available on commercially reasonable terms. At any time after the granting of any such waiver, but not more often than once a year, the Administrative Agent or the Lenders may request, and the Borrowers shall furnish to the Administrative Agent within fifteen (15) days after such request, supplemental reports reasonably acceptable to the Administrative Agent from such independent insurance broker or the Insurance Consultant updating their prior reports and reaffirming such conclusion. It is understood that the failure of the Borrowers to timely furnish any such supplemental report shall be conclusive evidence that such waiver is no longer effective because such condition no longer exists, but that such failure is not the only way to establish such non-existence. For the purposes of this Section 8.1, insurance will be considered “not reasonably available and commercially feasible” when it is obtainable only at excessive costs that are not justified in terms of the risk to be insured and is generally not being carried by or applicable to projects or operations similar to the relevant Plant because of such excessive costs.

Unavailability of Insurance. If any insurance (including the limits or deductibles thereof) hereby required to be maintained herein is not reasonably available and on a commercially feasible in the commercial insurance marketreasonable basis, the Administrative Agent (acting in consultation with the Insurance Consultant) shall not unreasonably withhold their its agreement to waive such requirement to the extent the maintenance thereof is not so availablerequirement; provided, however, that the Borrowers Borrower shall first request any such waiver in writing to the Administrative Agent, which request shall be accompanied by a written report prepared by an insurance broker of nationally recognized standing, certifying that such insurance required is not reasonably available and on a commercially feasible reasonable basis (and, in any case where the insurance is available but the required amount is not so available, certifying as to the maximum amount which is so available) and explaining in detail the basis for such conclusionsconclusion. If If, after reviewing such evidence report with the Insurance Consultant, the Administrative Agent concurs with such report, the Borrowers Borrower shall not be required to maintain such insurance until such time as such insurance is again available on commercially reasonable terms. At any time after the granting of any such waiver, but not more often than once a year, the Administrative Agent or the Lenders may request, and the Borrowers Borrower shall furnish to the Administrative Agent within fifteen (15) days after such request, a supplemental reports report reasonably acceptable to the Administrative Agent from such an independent insurance broker or the Insurance Consultant updating their the prior reports report and reaffirming such conclusionthe conclusion thereof. It is understood that the failure of the Borrowers Borrower to timely furnish any such supplemental report shall be conclusive evidence that such waiver is no longer effective because such condition no longer exists, but that such failure is not the only way to establish that such non-existencecondition no longer exists. For the purposes of this Section 8.1subsection, insurance will be considered “not available on a commercially reasonably available and commercially feasiblebasis” when it is obtainable only at excessive costs that which are not justified in terms of the risk to be insured and is generally not being carried by or applicable to projects or operations similar to the relevant Plant Project because of such excessive costs.. Schedule 7.02(h) Transactions with Affiliates Funding, Investor Fee and Put/Call Agreement dated on or about the date hereof by and among Borrower, Seneca Biodiesel Holdco, Inc., Renewable Energy Group, Inc., REG Intermediate Holdco, Inc. and REG Seneca, LLC. Accounting Services Side Agreement dated on or about the date hereof by and between Seneca Biodiesel Holdco, LLC and USRG Management Company, LLC, and acknowledged by Borrower. Services Side Agreement dated on or about the date hereof by and between Borrower and Bunge North America, Inc. Schedule 11.11(a) Notice Information

Unavailability of Insurance. If any insurance (including the limits or deductibles thereof) hereby required to be maintained herein is not reasonably available and on a commercially feasible in the commercial insurance marketreasonable basis, the Administrative Agent (acting in consultation with the Insurance Consultant) shall not unreasonably withhold their its agreement to waive such requirement to the extent the maintenance thereof is not so availablerequirement; provided, however, that the Borrowers Borrower shall first request any such waiver in writing to the Administrative Agent, which request shall be accompanied by a written report prepared by an insurance broker of nationally recognized standing, certifying that such insurance required is not reasonably available and on a commercially feasible reasonable basis (and, in any case where the insurance is available but the required amount is not so available, certifying as to the maximum amount which is so available) and explaining in detail the basis for such conclusionsconclusion. If If, after reviewing such evidence report with the Insurance Consultant, the Administrative Agent concurs with such report, the Borrowers Borrower shall not be required to maintain such insurance until such time as such insurance is again available on commercially reasonable terms. At any time after the granting of any such waiver, but not more often than once a year, the Administrative Agent or the Lenders may request, and the Borrowers Borrower shall furnish to the Administrative Agent within fifteen (15) days after such request, a supplemental reports report reasonably acceptable to the Administrative Agent from such an independent insurance broker or the Insurance Consultant updating their the prior reports report and reaffirming such conclusionthe conclusion thereof. It is understood that the failure of the Borrowers Borrower to timely furnish any such supplemental report shall be conclusive evidence that such waiver is no longer effective because such condition no longer exists, but that such failure is not the only way to establish that such non-existencecondition no longer exists. For the purposes of this Section 8.1subsection, insurance will be considered “not available on a commercially reasonably available and commercially feasiblebasis” when it is obtainable only at excessive costs that which are not justified in terms of the risk to be insured and is generally not being carried by or applicable to projects or operations similar to the relevant Plant Project because of such excessive costs.. SCHEDULE 10.11(a) to Senior Credit Agreement NOTICE INFORMATION

Unavailability of Insurance. 10.1. If any insurance (including the limits or deductibles thereof) hereby required to be maintained is not reasonably available and commercially feasible in the commercial insurance market, the Administrative Agent (acting in consultation with the Insurance Consultant) Required Lenders shall not unreasonably withhold their agreement to waive such requirement to the extent the maintenance thereof is not so available; provided, however, that the Borrowers shall first request any such waiver in writing to the Administrative AgentRequired Lenders, which request shall be accompanied by a written report prepared by an insurance broker of nationally recognized standing, certifying that such insurance required is not reasonably available and commercially feasible (and, in any case where the required amount is not so available, certifying as to the maximum amount which is so available) and explaining in detail the basis for such conclusions. If after reviewing such evidence with the Insurance Consultant, the Administrative Agent concurs Required Lenders concur with such report, the Borrowers shall not be required to maintain such insurance until such time as such insurance is again available on commercially reasonable terms. At any time after the granting of any such waiver, but not more often than once a year, the Administrative Agent or the Lenders may request, and the Borrowers shall furnish to the Administrative Agent within fifteen (15) days after such request, supplemental reports reasonably acceptable to the Administrative Agent from such independent insurance broker or the Insurance Consultant updating their prior reports and reaffirming such conclusion. It is understood that the failure of the Borrowers to timely furnish any such supplemental report shall be conclusive evidence that such waiver is no longer effective because such condition no longer exists, but that such failure is not the only way to establish such non-existence. For the purposes of this Section 8.110.1, insurance will be considered “not reasonably available and commercially feasible” when it is obtainable only at excessive costs that are not justified in terms of the risk to be insured and is generally not being carried by or applicable to projects or operations similar to the relevant Plant because of such excessive costs.

Unavailability of Insurance. If any insurance (including the limits or deductibles thereof) hereby required to be maintained is not reasonably available and commercially feasible in the commercial insurance market, the Administrative Agent (acting in consultation with the Insurance Consultant) shall not unreasonably withhold their agreement to waive such requirement to the extent the maintenance thereof is not so available; provided, however, that the Borrowers shall first request any such waiver in writing to the Administrative Agent, which request shall be accompanied by a written report prepared by an insurance broker of nationally recognized standing, certifying that such insurance required is not reasonably available and commercially feasible (and, in any case where the required amount is not so available, certifying as to the maximum amount which is so available) and explaining in detail the basis for such conclusions. If after reviewing such evidence with the Insurance Consultant, the Administrative Agent concurs with such report, the Borrowers shall not be required to maintain such insurance until such time as such insurance is again available on commercially reasonable terms. At any time after the granting of any such waiver, but not more often than once a year, the Administrative Agent or the Lenders may request, and the Borrowers shall furnish to the Administrative Agent within fifteen (15) days after such request, supplemental reports reasonably acceptable to the Administrative Agent from such independent insurance broker or the Insurance Consultant updating their prior reports and reaffirming such conclusion. It is understood that the failure of the Borrowers to timely furnish any such supplemental report shall be conclusive evidence that such waiver is no longer effective because such condition no longer exists, but that such failure is not the only way to establish such non-existence. For the purposes of this Section 8.18, insurance will be considered “not reasonably available and commercially feasible” when it is obtainable only at excessive costs that are not justified in terms of the risk to be insured and is generally not being carried by or applicable to projects or operations similar to the relevant Plant because of such excessive costs.