Common use of Delivery of Policies, Payment of Premiums Clause in Contracts

Delivery of Policies, Payment of Premiums. All policies of insurance shall be issued by companies and in amounts in each company satisfactory to Beneficiary. All policies of insurance shall have attached thereto a lender’s loss payable endorsement for the benefit of Beneficiary in form satisfactory to Beneficiary. Trustor shall furnish Beneficiary with a certificate or an original copy of all policies of required insurance. If Beneficiary consents to Trustor providing any of the required insurance through blanket policies carried by Trustor and covering more than one location, then Trustor shall furnish Beneficiary with a certificate of insurance for each such policy setting forth the coverage, the limits of liability, the name of the carrier, the policy number, and the expiration date. At least thirty (30) days prior to the expiration of each such policy, Trustor shall furnish Beneficiary with evidence satisfactory to Beneficiary of the payment of premium and the re-issuance of a policy continuing insurance in force as required by this Deed of Trust. All such policies shall contain a provision that such policies will not be canceled or materially amended, which term shall include any reduction in the scope or limits of coverage, without at least fifteen (15) days’ prior written notice to Beneficiary. In the event Trustor fails to provide, maintain, keep in force or deliver and furnish to Beneficiary the policies of insurance required by this Section, Beneficiary may procure such insurance or single interest insurance for such risks covering Beneficiary’s interest, and Trustor will pay all premiums thereon promptly upon demand by Beneficiary, and until such payment is made by Trustor, the amount of all such premiums, together with interest thereon at the rate provided in the Note, shall be secured by this Deed of Trust. If requested by Beneficiary, after an event of default, Trustor shall deposit with Beneficiary in monthly installments, an amount equal to one-twelfth of the estimated aggregate annual insurance premiums on all policies of insurance required by this Deed of Trust. Trustor further agrees, upon Beneficiary’s request, to cause all bills, statements or other documents relating to the foregoing insurance premiums to be sent or mailed directly to Beneficiary. Upon receipt of such bills, statements or other documents, and providing Trustor has deposited sufficient funds with Beneficiary pursuant to this Section l.05, Beneficiary shall pay such amounts as may be due thereunder out of the funds so deposited with Beneficiary. If at any time and for any reason the funds deposited with Beneficiary are or will be insufficient to pay such amounts as may then or subsequently be due, Beneficiary shall notify Trustor and Trustor shall immediately deposit an amount equal to such deficiency with Beneficiary. Notwithstanding the foregoing, nothing contained herein shall cause Beneficiary to be deemed a trustee of said funds or to be obligated to pay any amounts in excess of the amount of funds deposited with Beneficiary pursuant to this Section l.05. Beneficiary may commingle said reserve with its own funds and Trustor shall be entitled to no interest thereon.

Appears in 2 contracts

Samples: OVERSTOCK.COM, Inc, OVERSTOCK.COM, Inc

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Delivery of Policies, Payment of Premiums. All (a) At Mortgagee's option all policies of insurance shall be issued by companies and in amounts in each company satisfactory to Beneficiary. All policies of insurance shall must either have attached thereto a lender’s 's loss payable endorsement for the benefit of Beneficiary Mortgagee in form satisfactory to BeneficiaryMortgagee or must name Mortgagee as an additional insured (in each case, in accordance with the requirements of the Loan Agreement). Trustor At Mortgagee's option, Mortgagor shall furnish Beneficiary Mortgagee with a certificate or an original copy of all policies of insurance required insurance. If Beneficiary consents to Trustor providing any of the required insurance through blanket policies carried by Trustor and covering more than one location, then Trustor shall furnish Beneficiary with under Section 1.3 above or a certificate of insurance for each such required policy setting forth the coverage, the limits of liability, the name of the carrier, the policy number, number and the expiration dateperiod of coverage (and subject to any further requirements set forth in the Loan Agreement). At least thirty (30) If Mortgagee consents, Mortgagor may provide any of the required insurance through blanket policies carried by Mortgagor and covering more than one location, or by policies procured by a party holding under Mortgagor; provided, however, all such policies must be in form and substance and issued by companies reasonably satisfactory to Mortgagee. No less than 5 days prior to the expiration of each such required policy, Trustor Mortgagor shall furnish Beneficiary with deliver to Mortgagee evidence satisfactory to Beneficiary Mortgagee of the payment renewal or replacement of premium and the re-issuance of a such policy continuing insurance in force as the form required by this Deed Mortgage and payment of Trustpremiums for any such policies within 10 days of the availability of same. All such policies shall must contain a provision that that, notwithstanding any contrary agreement between Mortgagor and an insurance company, such policies will not be canceled or materially amendedcancelled, which term shall include any reduction allowed to lapse without renewal, surrender, reduced in the scope or limits of coveragecoverage or otherwise materially amended, without at least fifteen thirty (1530) days' prior written notice to Beneficiary. In the event Trustor fails to provide, maintain, keep in force or deliver and furnish to Beneficiary the policies of insurance required by this Section, Beneficiary may procure such insurance or single interest insurance for such risks covering Beneficiary’s interest, and Trustor will pay all premiums thereon promptly upon demand by Beneficiary, and until such payment is made by Trustor, the amount of all such premiums, together with interest thereon at the rate provided in the Note, shall be secured by this Deed of Trust. If requested by Beneficiary, after an event of default, Trustor shall deposit with Beneficiary in monthly installments, an amount equal to one-twelfth of the estimated aggregate annual insurance premiums on all policies of insurance required by this Deed of Trust. Trustor further agrees, upon Beneficiary’s request, to cause all bills, statements or other documents relating to the foregoing insurance premiums to be sent or mailed directly to Beneficiary. Upon receipt of such bills, statements or other documents, and providing Trustor has deposited sufficient funds with Beneficiary pursuant to this Section l.05, Beneficiary shall pay such amounts as may be due thereunder out of the funds so deposited with Beneficiary. If at any time and for any reason the funds deposited with Beneficiary are or will be insufficient to pay such amounts as may then or subsequently be due, Beneficiary shall notify Trustor and Trustor shall immediately deposit an amount equal to such deficiency with Beneficiary. Notwithstanding the foregoing, nothing contained herein shall cause Beneficiary to be deemed a trustee of said funds or to be obligated to pay any amounts in excess of the amount of funds deposited with Beneficiary pursuant to this Section l.05. Beneficiary may commingle said reserve with its own funds and Trustor shall be entitled to no interest thereonMortgagee.

Appears in 2 contracts

Samples: Security Agreement and Fixture Filing (KBS Real Estate Investment Trust II, Inc.), Security Agreement and Fixture Filing (KBS Real Estate Investment Trust II, Inc.)

Delivery of Policies, Payment of Premiums. All policies of insurance shall be issued by companies and in amounts in each company satisfactory to BeneficiaryMortgagee. All policies of insurance shall have attached thereto a lender’s 's loss payable payment endorsement for the benefit of Beneficiary Mortgagee in form satisfactory to BeneficiaryMortgagee. Trustor Mortgagor shall furnish Beneficiary Mortgagee with a certificate or an original copy policy of all policies of required insurance. If Beneficiary Mortgagee consents to Trustor Mortgagor providing any of the required insurance through blanket policies carried by Trustor Mortgagor and covering more than one location, then Trustor Mortgagor shall furnish Beneficiary Mortgagee with a certificate of insurance for each such policy setting forth the coverage, the limits of liability, the name of the carrier, the policy number, and the expiration date. At least thirty (30) days prior to the expiration of each such policy, Trustor Mortgagor shall furnish Beneficiary Mortgagee with evidence satisfactory to Beneficiary Mortgagee of the payment of premium and the re-issuance reissuance of a policy continuing insurance in force as required by this Deed of TrustMortgage. All such policies shall contain a provision that such policies will not be canceled or materially amended, which term shall include any reduction in the scope or limits of coverage, without at least fifteen thirty (1530) days’ days prior written notice to BeneficiaryMortgagee. In the event Trustor Mortgagor fails to provide, maintain, keep in force or deliver and furnish to Beneficiary Mortgagee the policies of insurance required by this Section, Beneficiary Mortgagee may procure such insurance or single single-interest insurance for such risks covering Beneficiary’s Mortgagee's interest, and Trustor Mortgagor will pay all premiums thereon promptly upon demand by BeneficiaryMortgagee, and until such payment is made by Trustor, Mortgagor the amount of all such premiums, premiums together with interest thereon at the rate provided in the Note, shall be secured by this Deed of Trust. If requested by Beneficiary, after an event of default, Trustor shall deposit with Beneficiary in monthly installments, an amount equal to one-twelfth of the estimated aggregate annual insurance premiums on all policies of insurance required by this Deed of Trust. Trustor further agrees, upon Beneficiary’s request, to cause all bills, statements or other documents relating to the foregoing insurance premiums to be sent or mailed directly to Beneficiary. Upon receipt of such bills, statements or other documents, and providing Trustor has deposited sufficient funds with Beneficiary pursuant to this Section l.05, Beneficiary shall pay such amounts Default Rate as may be due thereunder out of the funds so deposited with Beneficiary. If at any time and for any reason the funds deposited with Beneficiary are or will be insufficient to pay such amounts as may then or subsequently be due, Beneficiary shall notify Trustor and Trustor shall immediately deposit an amount equal to such deficiency with Beneficiary. Notwithstanding the foregoing, nothing contained herein shall cause Beneficiary to be deemed a trustee of said funds or to be obligated to pay any amounts in excess of the amount of funds deposited with Beneficiary pursuant to this Section l.05. Beneficiary may commingle said reserve with its own funds and Trustor shall be entitled to no interest thereonhereinafter defined.

Appears in 1 contract

Samples: Mortgage and Security Agreement (Featherlite Inc)

Delivery of Policies, Payment of Premiums. All policies of insurance shall be issued by companies and in amounts in each company satisfactory to Beneficiary. All policies of insurance shall have attached thereto a lender’s loss payable endorsement for the benefit of Beneficiary in form satisfactory to Beneficiary. Trustor At Lender's option, Borrower shall furnish Beneficiary Lender with a certificate or an original copy of all policies of insurance required insurance. If Beneficiary consents to Trustor providing any of the required insurance through blanket policies carried by Trustor and covering more than one location, then Trustor shall furnish Beneficiary with under Section 1.03 above or a certificate of insurance for each such required policy setting forth the coverage, the limits of liability, the deductibles, if any, the name of the carrier, the policy number, and the expiration dateperiod of coverage, which certificates shall be executed by authorized officials of the companies issuing such insurance, or by agents or attorneys-in-fact authorized to issue said certificates (in which event each such certificate shall be accompanied by a notarized affidavit, agency agreement or power of attorney evidencing the authority of the signatory to issue such certificate on behalf of the insurer named therein). If Lender consents, Borrower may provide any of the required insurance through blanket policies carried by Borrower and covering more than one location, or by policies procured by a tenant or other party holding under Borrower; provided, however, all such policies shall be in form and substance and issued by companies satisfactory to Lender. At least thirty (30) days prior to the expiration of each such required policy, Trustor Borrower shall furnish Beneficiary with deliver to Lender evidence satisfactory to Beneficiary Lender of the payment of premium and the re-issuance renewal or replacement of a such policy continuing insurance in force form as required by this Deed of Trust. All such policies shall contain a provision that that, notwithstanding any contrary agreement between Borrower and the insurance company, such policies will not be canceled canceled, allowed to lapse without renewal, surrendered or materially amended, amended (which term shall include any reduction in the scope or limits of coverage, ) without at least fifteen thirty (1530) days’ day ' s prior written notice to Beneficiary. In the event Trustor fails to provide, maintain, keep in force or deliver and furnish to Beneficiary the policies of insurance required by this Section, Beneficiary may procure such insurance or single interest insurance for such risks covering Beneficiary’s interest, and Trustor will pay all premiums thereon promptly upon demand by Beneficiary, and until such payment is made by Trustor, the amount of all such premiums, together with interest thereon at the rate provided in the Note, shall be secured by this Deed of Trust. If requested by Beneficiary, after an event of default, Trustor shall deposit with Beneficiary in monthly installments, an amount equal to one-twelfth of the estimated aggregate annual insurance premiums on all policies of insurance required by this Deed of Trust. Trustor further agrees, upon Beneficiary’s request, to cause all bills, statements or other documents relating to the foregoing insurance premiums to be sent or mailed directly to Beneficiary. Upon receipt of such bills, statements or other documents, and providing Trustor has deposited sufficient funds with Beneficiary pursuant to this Section l.05, Beneficiary shall pay such amounts as may be due thereunder out of the funds so deposited with Beneficiary. If at any time and for any reason the funds deposited with Beneficiary are or will be insufficient to pay such amounts as may then or subsequently be due, Beneficiary shall notify Trustor and Trustor shall immediately deposit an amount equal to such deficiency with Beneficiary. Notwithstanding the foregoing, nothing contained herein shall cause Beneficiary to be deemed a trustee of said funds or to be obligated to pay any amounts in excess of the amount of funds deposited with Beneficiary pursuant to this Section l.05. Beneficiary may commingle said reserve with its own funds and Trustor shall be entitled to no interest thereon.5

Appears in 1 contract

Samples: Recording (Emeritus Corp\wa\)

Delivery of Policies, Payment of Premiums. All policies of insurance shall be issued by companies with ratings of A or better (Excellent or Superior), and Class IX or better, in A.M. Best's Insurance Reports, licensed by the Insurance Commissioner of the State of Florida to conduct business in the State of Florida and in amounts in each company satisfactory to BeneficiaryMortgagee. All policies of insurance shall have attached thereto a lender’s 's loss payable payment endorsement for the benefit of Beneficiary Mortgagee in form satisfactory to BeneficiaryMortgagee. Trustor Each policy Mortgagee clause shall name "FIRST UNION NATIONAL BANK, ITS SUCCESSORS AND/OR ASSIGNS" as first mortgagee. Mortgagor shall furnish Beneficiary Mortgagee with a certificate or an original copy policy of all policies of required insurance. If Beneficiary Mortgagee consents to Trustor Mortgagor providing any of the required insurance through blanket policies carried by Trustor Mortgagor and covering more than one location, then Trustor Mortgagor shall furnish Beneficiary Mortgagee with a certificate of insurance for each such policy setting forth the coverage, the limits of liability, the name of the carrier, the policy number, and the expiration date. At least thirty (30) days prior to the expiration of each such policy, Trustor Mortgagor shall furnish Beneficiary Mortgagee with evidence satisfactory to Beneficiary Mortgagee of the payment Payment of premium and the re-issuance reissuance of a policy continuing insurance in force as required by this Deed of TrustMortgage. Policy premiums for all coverages must be prepaid at least a quarter in advance and all policy renewals must be forwarded to First Union National Bank, Attn: Insurance Department, Va 7374, X.X. Xxx 00000, Xxxxxxx, Xxxxxxxx 00000. All such policies shall contain a provision that such policies will not be canceled or materially amended, which term shall include any reduction in the scope or limits of coverage, without at least fifteen thirty (1530) days’ days prior written notice to BeneficiaryMortgagee. In the event Trustor Mortgagor fails to provide, maintain, keep in force or deliver and furnish to Beneficiary Mortgagee the policies of insurance required by this Section, Beneficiary Mortgagee may procure such insurance or single single- interest insurance for such risks covering Beneficiary’s Mortgagee's interest, and Trustor Mortgagor will pay all premiums thereon promptly upon demand by BeneficiaryMortgagee, and until such payment is made by Trustor, Mortgagor the amount of all such premiums, premiums together with interest thereon at the rate of interest after maturity or default provided in the NoteNote or the maximum rate permitted by Florida law, shall be secured by this Deed of Trust. If requested by Beneficiary, after an event of default, Trustor shall deposit with Beneficiary in monthly installments, an amount equal to one-twelfth of the estimated aggregate annual insurance premiums on all policies of insurance required by this Deed of Trust. Trustor further agrees, upon Beneficiary’s request, to cause all bills, statements or other documents relating to the foregoing insurance premiums to be sent or mailed directly to Beneficiary. Upon receipt of such bills, statements or other documents, and providing Trustor has deposited sufficient funds with Beneficiary pursuant to this Section l.05, Beneficiary shall pay such amounts as may be due thereunder out of the funds so deposited with Beneficiary. If at any time and for any reason the funds deposited with Beneficiary are or will be insufficient to pay such amounts as may then or subsequently be due, Beneficiary shall notify Trustor and Trustor shall immediately deposit an amount equal to such deficiency with Beneficiary. Notwithstanding the foregoing, nothing contained herein shall cause Beneficiary to be deemed a trustee of said funds or to be obligated to pay any amounts in excess of the amount of funds deposited with Beneficiary pursuant to this Section l.05. Beneficiary may commingle said reserve with its own funds and Trustor shall be entitled to no interest thereonwhichever is less.

Appears in 1 contract

Samples: Mortgage and Security Agreement (Oriole Homes Corp)

Delivery of Policies, Payment of Premiums. All policies of insurance shall be issued by companies companies, in amounts, with deductibles and in amounts in each company upon terms and conditions reasonably satisfactory to BeneficiaryMortgagee. All policies of insurance shall name Mortgagee as an additional insured, and shall have attached thereto a lendermortgagee’s endorsement and a loss payable payment endorsement for the benefit of Beneficiary Mortgagee in form reasonably satisfactory to BeneficiaryMortgagee. Trustor Mortgagor shall furnish Beneficiary Mortgagee with a certificate or an original full and complete copy of all policies of required insurance. If Beneficiary Mortgagee consents to Trustor Mortgagor providing any of the required insurance through blanket policies carried by Trustor Mortgagor and covering more than one location, then Trustor Mortgagor shall furnish Beneficiary to Mortgagee with a certificate of insurance for each such policy setting forth the coverage, the limits of liability, the name of the carrier, the policy number, and the expiration datedate (provided, however, that Mortgagee may grant or withhold its consent to any blanket policy in its sole discretion). At least thirty (30) days prior to the expiration of each such policy, Trustor Mortgagor shall furnish Beneficiary Mortgagee with evidence satisfactory to Beneficiary Mortgagee of the payment of the required premium and the re-issuance reissuance of a policy continuing insurance in force as required by this Deed of TrustMortgage. All such policies shall contain a provision that such policies will not be canceled or materially amended, which term shall include any reduction in the scope or limits of coverage, without at least fifteen thirty (1530) days’ days prior written notice to BeneficiaryMortgagee. In the event Trustor Mortgagor fails to provide, maintain, keep in force or deliver and furnish to Beneficiary Mortgagee the policies of insurance required by this Section, Beneficiary Mortgagee may procure such insurance or single single-interest insurance for such risks covering BeneficiaryMortgagee’s interest, and Trustor Mortgagor will pay all premiums thereon promptly upon demand by BeneficiaryMortgagee, and until such payment is made by Trustor, Mortgagor the amount of all such premiums, premiums together with interest thereon at the rate provided in the Note, shall be secured by this Deed of Trust. If requested by Beneficiary, after an event of default, Trustor shall deposit with Beneficiary in monthly installments, an amount equal to one-twelfth of the estimated aggregate annual insurance premiums on all policies of insurance required by this Deed of Trust. Trustor further agrees, upon Beneficiary’s request, to cause all bills, statements or other documents relating to the foregoing insurance premiums to be sent or mailed directly to Beneficiary. Upon receipt of such bills, statements or other documents, and providing Trustor has deposited sufficient funds with Beneficiary pursuant to this Section l.05, Beneficiary shall pay such amounts as may be due thereunder out of the funds so deposited with Beneficiary. If at any time and for any reason the funds deposited with Beneficiary are or will be insufficient to pay such amounts as may then or subsequently be due, Beneficiary shall notify Trustor and Trustor shall immediately deposit an amount equal to such deficiency with Beneficiary. Notwithstanding the foregoing, nothing contained herein shall cause Beneficiary to be deemed a trustee of said funds or to be obligated to pay any amounts in excess of the amount of funds deposited with Beneficiary pursuant to this Section l.05. Beneficiary may commingle said reserve with its own funds and Trustor shall be entitled to no interest thereonDefault Rate.

Appears in 1 contract

Samples: Mortgage and Security Agreement (Utek Corp)

Delivery of Policies, Payment of Premiums. All policies of insurance shall be issued by companies and in amounts in each company satisfactory to Beneficiaryconsistent with past practice. All policies of insurance shall have attached thereto a the standard non-contributory mortgagee endorsement or lender’s 's loss payable endorsement endorsement, as appropriate, for the benefit of Beneficiary Mortgagee satisfactory to Mortgagee in form satisfactory to Beneficiaryand substance. Trustor Mortgagor shall furnish Beneficiary Mortgagee with a certificate or an original copy policy of all policies of required insurance. If Beneficiary consents to Trustor providing any of the required insurance through blanket policies carried by Trustor and covering more than one location, then Trustor shall furnish Beneficiary with a certificate of insurance for each such policy setting forth the coverage, the limits of liability, the name of the carrier, the policy number, and the expiration date. At least thirty (30) days prior to the expiration of each such policy, Trustor Mortgagor shall furnish Beneficiary Mortgagee with evidence satisfactory to Beneficiary Mortgagee of the payment of premium and the re-issuance reissuance of a policy continuing insurance in force as required by this Deed of Trustthe Mortgage. All such policies shall contain a provision that such policies will shall not be canceled or materially amended, which term shall include any reduction in the scope or limits of coverage, without at least fifteen thirty (1530) days' prior written notice to BeneficiaryMortgagee. In the event Trustor If Mortgagor fails to provide, maintain, keep in force or deliver and furnish to Beneficiary Mortgagee the policies of insurance required by this SectionArticle I, Beneficiary Mortgagee may procure such insurance or single single-interest insurance for such risks covering Beneficiary’s Mortgagee's interest, and Trustor will Mortgagor shall pay all premiums thereon promptly upon demand by BeneficiaryMortgagee, and until such payment is made by TrustorMortgagor, the amount of all such premiums, premiums together with interest thereon at the rate provided in the Note, Default Rate shall be secured by this Deed of Trust. If requested by Beneficiary, after an event of default, Trustor shall deposit with Beneficiary in monthly installments, an amount equal to one-twelfth of the estimated aggregate annual insurance premiums on all policies of insurance required by this Deed of Trust. Trustor further agrees, upon Beneficiary’s request, to cause all bills, statements or other documents relating to the foregoing insurance premiums to be sent or mailed directly to Beneficiary. Upon receipt of such bills, statements or other documents, and providing Trustor has deposited sufficient funds with Beneficiary pursuant to this Section l.05, Beneficiary shall pay such amounts as may be due thereunder out of the funds so deposited with Beneficiary. If at any time and for any reason the funds deposited with Beneficiary are or will be insufficient to pay such amounts as may then or subsequently be due, Beneficiary shall notify Trustor and Trustor shall immediately deposit an amount equal to such deficiency with Beneficiary. Notwithstanding the foregoing, nothing contained herein shall cause Beneficiary to be deemed a trustee of said funds or to be obligated to pay any amounts in excess of the amount of funds deposited with Beneficiary pursuant to this Section l.05. Beneficiary may commingle said reserve with its own funds and Trustor shall be entitled to no interest thereonMortgage.

Appears in 1 contract

Samples: Open End Mortgage Deed and Security Agreement (General Datacomm Industries Inc)

Delivery of Policies, Payment of Premiums. All (A) At Grantee's option all policies of insurance shall be issued by companies and in amounts in each company satisfactory to Beneficiary. All policies of insurance shall either have attached thereto a lender’s 's loss payable endorsement for the benefit of Beneficiary Grantee, on behalf of and as Collateral Agent for the Lenders, in form satisfactory to BeneficiaryGrantee or shall name Grantee, on behalf of and as Collateral Agent for the Lenders, as an additional insured. Trustor Grantor shall furnish Beneficiary Grantee, on behalf of and as Collateral Agent for the Lenders, with a certificate or an original copy of all policies of insurance required insurance. If Beneficiary consents to Trustor providing any of the required insurance through blanket policies carried by Trustor and covering more than one location, then Trustor shall furnish Beneficiary with under SECTION 1.03 above or a certificate of insurance for each such required policy setting forth the coverage, the limits of liability, the name of the carrier, the policy number, number and the expiration dateperiod of coverage. Until such time as Grantee otherwise requests, Grantor may provide any of the required insurance through blanket policies carried by Grantor and covering more than one location, or by policies procured by a tenant or other party holding under Grantor; provided, however, all such policies shall be in form and substance and issued by companies reasonably satisfactory to Grantee. At least thirty (30) days prior to the expiration of each such required policy, Trustor Grantor shall furnish Beneficiary with deliver to Grantee, on behalf of and as Collateral Agent for the Lenders, evidence reasonably satisfactory to Beneficiary Grantee of the payment of premium and the re-issuance renewal or replacement of a such policy continuing insurance in force form as required by this Deed of TrustSecurity Deed. All such policies shall contain a provision that that, notwithstanding any contrary agreement between Grantor and insurance company, such policies will not be canceled cancelled, allowed to lapse without renewal, surrendered or materially amended, which term shall include any reduction in the scope or limits of coverage, without at least fifteen thirty (1530) days' prior written notice to Beneficiary. In the event Trustor fails to provide, maintain, keep in force or deliver and furnish to Beneficiary the policies of insurance required by this Section, Beneficiary may procure such insurance or single interest insurance for such risks covering Beneficiary’s interest, and Trustor will pay all premiums thereon promptly upon demand by Beneficiary, and until such payment is made by Trustor, the amount of all such premiums, together with interest thereon at the rate provided in the Note, shall be secured by this Deed of Trust. If requested by Beneficiary, after an event of default, Trustor shall deposit with Beneficiary in monthly installments, an amount equal to one-twelfth of the estimated aggregate annual insurance premiums on all policies of insurance required by this Deed of Trust. Trustor further agrees, upon Beneficiary’s request, to cause all bills, statements or other documents relating to the foregoing insurance premiums to be sent or mailed directly to Beneficiary. Upon receipt of such bills, statements or other documents, and providing Trustor has deposited sufficient funds with Beneficiary pursuant to this Section l.05, Beneficiary shall pay such amounts as may be due thereunder out of the funds so deposited with Beneficiary. If at any time and for any reason the funds deposited with Beneficiary are or will be insufficient to pay such amounts as may then or subsequently be due, Beneficiary shall notify Trustor and Trustor shall immediately deposit an amount equal to such deficiency with Beneficiary. Notwithstanding the foregoing, nothing contained herein shall cause Beneficiary to be deemed a trustee of said funds or to be obligated to pay any amounts in excess of the amount of funds deposited with Beneficiary pursuant to this Section l.05. Beneficiary may commingle said reserve with its own funds and Trustor shall be entitled to no interest thereonGrantee.

Appears in 1 contract

Samples: Credit Agreement (Blue Bird Corp)

Delivery of Policies, Payment of Premiums. All policies of insurance shall be issued by companies and in amounts in each company satisfactory to the Beneficiary. All policies of insurance shall have attached thereto a lender’s 's loss payable endorsement for the benefit of the Beneficiary in form satisfactory to the Beneficiary, including, without limitation, any contribution clause. Trustor The Grantors shall furnish the Beneficiary with a certificate or an original copy policy of all required policies of required insurance. If the Beneficiary consents to Trustor the Grantors providing any of the required insurance through blanket policies carried by Trustor the Grantors and covering more than one location, then Trustor the Grantors shall furnish the Beneficiary with a certificate of insurance for each such policy setting forth the coverage, the limits of liability, the name of the carrier, the policy number, and the expiration date. At least thirty fifteen (3015) days prior to the expiration of each such policy, Trustor policy the Grantors shall furnish the Beneficiary with evidence satisfactory to the Beneficiary of the payment of premium and the re-issuance reissuance of a policy continuing insurance in force as required by this Deed of Trust. All such policies shall contain a provision that such policies will not be canceled cancelled or materially amended, which term shall include any reduction in the scope or limits of coverage, without at least fifteen thirty (1530) days’ days prior written notice to of the Beneficiary. In the event Trustor fails the Grantors fail to provide, maintain, keep in force force, or deliver and furnish to the Beneficiary any of the policies of insurance required by this Sectionthe Security Instruments, Beneficiary the Beneficiary, without waiving or releasing any obligations, defaults or Events of Default by Grantor, may (but shall be under no obligation to do so) procure and maintain such insurance or single single-interest insurance for such risks covering the Beneficiary’s interest's interest and take any other action with respect thereto which Beneficiary deems advisable, and Trustor the Grantors will pay all premiums thereon promptly upon demand by the Beneficiary, and until such payment is made by Trustorthe Grantors, the amount of all such premiums, premiums together with interest thereon at the default rate provided in the Note, hereinafter defined shall be secured by this Deed of Trust. If requested by Beneficiary, after an event of default, Trustor shall deposit with Beneficiary in monthly installments, an amount equal to one-twelfth of the estimated aggregate annual insurance premiums on all policies of insurance required by this Deed of Trust. Trustor further agrees, upon Beneficiary’s request, to cause all bills, statements or other documents relating to the foregoing insurance premiums to be sent or mailed directly to Beneficiary. Upon receipt of such bills, statements or other documents, and providing Trustor has deposited sufficient funds with Beneficiary pursuant to this Section l.05, Beneficiary shall pay such amounts as may be due thereunder out of the funds so deposited with Beneficiary. If at any time and for any reason the funds deposited with Beneficiary are or will be insufficient to pay such amounts as may then or subsequently be due, Beneficiary shall notify Trustor and Trustor shall immediately deposit an amount equal to such deficiency with Beneficiary. Notwithstanding the foregoing, nothing contained herein shall cause Beneficiary to be deemed a trustee of said funds or to be obligated to pay any amounts in excess of the amount of funds deposited with Beneficiary pursuant to this Section l.05. Beneficiary may commingle said reserve with its own funds and Trustor shall be entitled to no interest thereon.

Appears in 1 contract

Samples: Deed of Trust, Security Agreement (Seair Group Inc)

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Delivery of Policies, Payment of Premiums. All policies of insurance shall be issued by companies and in amounts in each company satisfactory to Beneficiarythe Mortgagee. All policies must have no less than a Best's Class A XII category designation. All policies of insurance shall have attached thereto a lender’s 's loss payable payment endorsement and a waiver of subrogation rights, both for the benefit of Beneficiary the Mortgagee in form satisfactory to Beneficiarythe Mortgagee. Trustor shall furnish Beneficiary with a certificate or an original copy of all policies of required insurance. If Beneficiary The Mortgagee consents to Trustor the Mortgagor providing any of the required insurance through blanket policies carried by Trustor the Mortgagor and covering more than one location, then Trustor . The Mortgagor shall furnish Beneficiary the Mortgagee with a certificate of insurance for each such policy setting forth the coverage, the limits of liability, the name of the carrier, the policy number, and the expiration date. At least thirty (30) days prior to the expiration of each such policy, Trustor the Mortgagor shall furnish Beneficiary the Mortgagee with evidence satisfactory to Beneficiary the Mortgagee of the payment of the premium and the re-issuance reissuance of a policy continuing insurance in force as required by this Deed of TrustMortgage. All such policies shall contain the New York standard mortgagee clause and a provision that such policies will not be canceled cancelled, allowed to expire or materially amended, which term shall include any reduction in the scope or limits of coverage, without at least fifteen thirty (1530) days’ days prior written notice to Beneficiarythe Mortgagee. In the event Trustor the Mortgagor fails to provide, maintain, keep in force or deliver and furnish to Beneficiary the Mortgagee the policies of insurance or certificates thereof, as required by this Section, Beneficiary the Mortgagee may procure such insurance or single single-interest insurance for such risks covering Beneficiary’s the Mortgagee's interest, and Trustor the Mortgagor will pay all premiums thereon promptly upon demand by Beneficiarythe Mortgagee, and until such payment is made by Trustor, the Mortgagor the amount of all such premiums, premiums together with interest thereon at the rate provided Default Rate (as that term is defined in the Note, ) shall be secured by this Deed Mortgage. In the alternative to demanding payment of Trust. If requested by Beneficiarysuch insurance premiums, after an event the Mortgagee may add the amount of default, Trustor shall deposit with Beneficiary in monthly installments, an amount equal to one-twelfth of the estimated aggregate annual insurance premiums on all policies of insurance required by this Deed of Trust. Trustor further agrees, upon Beneficiary’s request, to cause all bills, statements or other documents relating to the foregoing such insurance premiums to be sent or mailed directly to Beneficiary. Upon receipt of such bills, statements or other documents, and providing Trustor has deposited sufficient funds with Beneficiary pursuant to this Section l.05, Beneficiary shall pay such amounts as may be due thereunder out the outstanding principal balance of the funds so deposited with Beneficiary. If at any time Note and for any reason the funds deposited with Beneficiary are or will be insufficient to pay such amounts as may then or subsequently be due, Beneficiary shall notify Trustor and Trustor shall immediately deposit an amount equal to such deficiency with Beneficiary. Notwithstanding the foregoing, nothing contained herein shall cause Beneficiary to be deemed a trustee of said funds or to be obligated to pay any amounts in excess of the amount of funds deposited with Beneficiary pursuant to secured by this Section l.05. Beneficiary may commingle said reserve with its own funds and Trustor shall be entitled to no interest thereonMortgage.

Appears in 1 contract

Samples: Mortgage and Security Agreement (Viragen Inc)

Delivery of Policies, Payment of Premiums. All That all policies of insurance shall be issued by companies and in amounts in each company satisfactory customarily maintained by companies engaged in business similar to Beneficiarythat of the Mortgagor. All policies of insurance shall have attached thereto a lender’s 's loss payable endorsement for the benefit of Beneficiary Mortgagee in form satisfactory to BeneficiaryMortgagee. Trustor Mortgagor shall furnish Beneficiary Mortgagee with a certificate or an original copy policy or certified copies of all policies of required insurance. If Beneficiary Mortgagee consents to Trustor Mortgagor providing any of the required insurance through blanket policies carried by Trustor Mortgagor and covering more than one location, then Trustor Mortgagor shall furnish Beneficiary Mortgagee with a certificate of insurance for each such policy setting forth the coverage, the limits of liability, the name of the carrier, the policy number, and the expiration date. At least thirty Within ten (3010) days prior to of the Mortgagee's receipt of a notice of cancellation or expiration of each such policyinsurance, Trustor Mortgagor shall furnish Beneficiary Mortgagee with evidence satisfactory to Beneficiary Mortgagee of the payment of premium and the re-issuance reissuance of a policy continuing insurance in force as required by this Deed of TrustMortgage. All such policies shall contain a provision that such policies will not be canceled or materially cancelled, amended, which term altered, changed or modified, nor shall include any reduction in coverage therein be reduced, deleted, amended, modified, changed or cancelled by either the scope party named as the insured, or limits of coverage, the insurance company issuing the policy without at least fifteen thirty (1530) days’ days prior written notice to BeneficiaryMortgagee. In the event Trustor Mortgagor fails to provide, maintain, keep in force or deliver and furnish to Beneficiary Mortgagee the policies of insurance required by this Section, Beneficiary Mortgagee may procure such insurance or single single-interest insurance for such risks covering Beneficiary’s Mortgagee's interest, and Trustor Mortgagor will pay all premiums thereon promptly upon demand by BeneficiaryMortgagee, and until such payment is made by Trustor, Mortgagor the amount of all such premiums, premiums together with interest thereon at the highest default rate provided in the NoteNotes, shall be secured by this Deed Mortgage. After the occurrence of Trust. If requested by Beneficiary, after an event of defaultdefault hereunder and at the request of Mortgagee, Trustor shall Mortgagor shall: (a) deposit with Beneficiary Mortgagee in monthly installments, an amount equal to one-twelfth (1/12) of the estimated aggregate annual insurance premiums on all policies of insurance required by this Deed of Trust. Trustor further agreesMortgage, upon Beneficiary’s request, to and (b) cause all bills, statements or other documents relating to the foregoing insurance premiums to be sent or mailed directly to BeneficiaryMortgagee. Upon receipt of such bills, statements or other documents, and providing Trustor Mortgagor has deposited sufficient funds with Beneficiary Mortgagee pursuant to this Section l.051.04, Beneficiary Mortgagee shall pay such amounts as may be due thereunder out of the funds so deposited with BeneficiaryMortgagee. If at any time and for any reason the funds deposited with Beneficiary Mortgagee are or will be insufficient to pay such amounts as may then or subsequently be due, Beneficiary Mortgagee shall notify Trustor Mortgagor and Trustor Mortgagor shall immediately deposit an amount equal to such deficiency with BeneficiaryMortgagee. Notwithstanding the foregoing, nothing contained herein shall cause Beneficiary Mortgagee to be deemed a trustee of said funds or to be obligated to pay any amounts in excess of the amount of funds deposited with Beneficiary Mortgagee pursuant to this Section l.051.04. Beneficiary Mortgagee may commingle said reserve with its own funds and Trustor Mortgagor shall be entitled to no interest thereon.

Appears in 1 contract

Samples: Amcast Industrial Corp

Delivery of Policies, Payment of Premiums. All policies of insurance shall be issued by companies and in amounts in each company satisfactory to At Beneficiary. All policies of insurance shall have attached thereto a lender’s loss payable endorsement for the benefit of Beneficiary in form satisfactory to Beneficiary. option, Trustor shall furnish Beneficiary with a certificate or an original copy of all policies of insurance required under Section 2.3 and/or a certificate of insurance for each required policy setting forth the coverage, the limits of liability, the deductibles, if any, the name of the carrier, the policy number, and the period of coverage, which certificates shall be executed by authorized officials of the companies issuing such insurance, or by agents or attorneys-in-fact authorized to issue said certificates (in which event each such certificate shall be accompanied by a notarized affidavit, agency agreement or power of attorney evidencing the authority of the signatory to issue such certificate on behalf of the insurer named therein). If Beneficiary consents to consents, Trustor providing may provide any of the required insurance through blanket policies carried by Trustor and covering more than one location, then Trustor or by policies procured by a tenant or other party holding under Trustor; provided, however, all such policies shall furnish Beneficiary with a certificate of insurance for each such policy setting forth the coveragebe in form, the limits of liabilitysubstance and amounts and issued by companies reasonably satisfactory to Beneficiary. As soon as practicable, the name of the carrier, the policy number, and the expiration date. At least thirty (30) days but in any event prior to the expiration of each such required policy, Trustor shall furnish deliver to Beneficiary with evidence satisfactory to Beneficiary of the payment of premium and the re-issuance renewal or replacement of a such policy continuing insurance in force form as required by this Deed of Trust. All such policies shall contain a provision that that, notwithstanding any contrary agreement between Trustor and the insurance company, such policies will not be canceled cancelled, allowed to lapse without renewal, surrendered or materially amended, amended (which term shall include any reduction in the scope or limits of coverage, ) without at least fifteen thirty (1530) days’ prior written notice to Beneficiary. In the event If Trustor fails to provide, maintain, keep in force or deliver and furnish to Beneficiary the policies of insurance required by this SectionDeed of Trust or by any of the Loan Documents, Beneficiary may (but shall have no obligation to) procure such insurance insurance, or single interest insurance for such risks covering Beneficiary’s interestinterests, and Trustor will shall pay all premiums thereon therefor promptly upon demand by Beneficiary, ; and until such payment is made by Trustor, the amount of all such premiums, together with interest thereon at the rate provided in Default Rate, as that term is defined under the NoteLoan Agreement, shall be secured by this Deed of Trust. If requested by Beneficiary, after an event of default, Trustor shall deposit with Beneficiary in monthly installments, an amount equal to one-twelfth of the estimated aggregate annual insurance premiums on all policies of insurance required by this Deed of Trust. Trustor further agrees, upon Beneficiary’s request, to cause all bills, statements or other documents relating to the foregoing insurance premiums to be sent or mailed directly to Beneficiary. Upon receipt of such bills, statements or other documents, and providing Trustor has deposited sufficient funds with Beneficiary pursuant to this Section l.05, Beneficiary shall pay such amounts as may be due thereunder out of the funds so deposited with Beneficiary. If at any time and for any reason the funds deposited with Beneficiary are or will be insufficient to pay such amounts as may then or subsequently be due, Beneficiary shall notify Trustor and Trustor shall immediately deposit an amount equal to such deficiency with Beneficiary. Notwithstanding the foregoing, nothing contained herein shall cause Beneficiary to be deemed a trustee of said funds or to be obligated to pay any amounts in excess of the amount of funds deposited with Beneficiary pursuant to this Section l.05. Beneficiary may commingle said reserve with its own funds and Trustor shall be entitled to no interest thereon.

Appears in 1 contract

Samples: Security Agreement and Fixture Filing (NGA Holdco, LLC)

Delivery of Policies, Payment of Premiums. All policies of insurance shall be issued by companies and in amounts in each company satisfactory to Beneficiarythe Beneficiary in its sole discretion. All policies of insurance [except for that required in Section 1.03(b)] shall have attached thereto a lender’s 's loss payable endorsement for the benefit of the Beneficiary in a form satisfactory to the Beneficiary. Trustor The grantor shall provide to the Beneficiary certificates of insurance with respect to the policies required hereunder. If requested by the Beneficiary, the Grantor shall furnish the Beneficiary with a certificate or an original copy policy of all policies of required insuranceinsurance or certified copies of such policies. If the Beneficiary consents to Trustor the Grantor providing any of the required insurance through blanket policies R#0202455.04 BK 1063 PG 347 carried by Trustor the Grantor and covering more than one location, then Trustor the Grantor shall furnish the Beneficiary with a certificate of insurance for each such policy setting forth the coverage, the limits of liabilityliability as to the Trust Estate, the name of the carrier, the policy number, and the expiration date. At least thirty fifteen (3015) days prior to the expiration of each such policy, Trustor the Grantor shall furnish the Beneficiary with evidence satisfactory to the Beneficiary of the payment reissuance of premium and the re-issuance continuation of a policy continuing insurance in force as required by this Deed of Trust. All The Grantor shall pay al insurance premiums promptly as billed by the issuing insurance companies, and in any event prior to delinquency; and the Grantor shall furnish the Beneficiary with evidence satisfactory to the Beneficiary of the timely payment of such insurance premiums. To the extent such endorsements can be generally obtained from insurance companies, all such policies shall contain a provision that such policies will not be canceled or materially amended, which term shall include including any reduction in the scope or limits of coverage, ) without at least fifteen thirty (1530) days’ days prior written notice to the Beneficiary. In the event Trustor the Grantor fails to provide, maintain, keep in force or deliver and furnish to the Beneficiary the policies polices of insurance required by this SectionDeed of Trust, the Beneficiary may procure such insurance or single single- interest insurance for such risks covering the Beneficiary’s 's interest, and Trustor . The Grantor will pay all premiums thereon promptly upon demand by the Beneficiary, and until . Until the Grantor makes such payment is made by Trustorpayment, the amount of all such premiums, together with interest thereon at the rate provided in the NoteDefault Rate, shall be secured by this Deed of Trust. If requested Upon written request by the Beneficiary, after an event of default, Trustor the Grantor shall deposit with an escrow agent selected by the Beneficiary (such party being hereinafter referred to as the "Escrow Agent") in monthly installments, installments an amount equal to one-twelfth (1/12) of the estimated aggregate annual insurance premiums on all policies of insurance required by this Deed of TrustTrust in order to accumulate sufficient funds to pay such premiums 30 days prior to their due date. Trustor In such case, should the Grantor fail to deposit sums sufficient to fully pay such insurance premiums at least thirty (30) days before delinquency thereof, the Beneficiary may, at the Beneficiary's election (but shall not be obligated to), advance any amounts required to make up the deficiency. Such advances, if any, shall be secured hereby and, together with interest thereon, shall be repayable to the Beneficiary in like manner as herein elsewhere provided for the repayment on sums advanced by the Beneficiary to pay insurance premiums. At the option of the Beneficiary, if the Grantor has failed to deposit sufficient funds to fully pay such insurance, the Beneficiary instead may, without making any advance whatever, apply any sums held by the Escrow Agent upon any obligation of the Grantor secured hereby following the occurrence of an Event of Default. Should any Event of Default (as hereinafter defined) occur or exist on the part of the Grantor in the payment or performance of any of the Grantor's obligations under the terms of the Loan Instruments, the Beneficiary may apply any sums or amounts in its hands received as rents or income of the Trust Estate, or otherwise, upon any indebtedness or obligation of the Grantor secured hereby in such manner and order as the Beneficiary may elect. The receipt, use or application of any such sums paid by the Grantor to the Escrow Agent hereunder shall not be construed to affect the maturity of any indebtedness secured by this Deed of Trust or any of the rights or powers of the Beneficiary or the Trustee under the terms of the Loan Instruments or any of the obligations of the Grantor. The Grantor further agrees, upon the Beneficiary’s 's request, to cause originals or true and complete copies of all bills, statements or and other documents relating to the foregoing insurance premiums to be sent or mailed directly to the Beneficiary. Upon receipt of such bills, statements or other documents, and providing Trustor provided the Grantor has deposited sufficient funds with Beneficiary pursuant to this Section l.051.04, Beneficiary the Escrow Agent, upon instructions from the Beneficiary, shall pay such amounts as may be due thereunder out of the funds so deposited with Beneficiarydeposited. If at any time and for any reason the such funds deposited with Beneficiary are or will be insufficient to R#0202455.04 BK 1063 PG 348 pay such amounts as may then or subsequently be due, the Beneficiary shall so notify Trustor the Grantor, and Trustor the Grantor shall immediately deposit an amount equal to such deficiency with Beneficiarythe Escrow Agent. Notwithstanding the foregoing, nothing contained herein shall cause the Beneficiary to be deemed a trustee of said funds or the Escrow Agent to be obligated to pay any amounts in excess of the amount of funds deposited with Beneficiary the Escrow Agent pursuant to this Section l.051.04. Beneficiary The Escrow Agent may commingle said the reserve with its own funds funds, and Trustor the Grantor shall be entitled to no interest thereon.

Appears in 1 contract

Samples: Master Security Agreement (Fountain Powerboat Industries Inc)

Delivery of Policies, Payment of Premiums. All (a) At Mortgagee’s option all policies of insurance shall be issued by companies and in amounts in each company satisfactory to Beneficiary. All policies of insurance shall must either have attached thereto a lenderMortgagee’s loss payable endorsement for the benefit of Beneficiary Mortgagee in form satisfactory to BeneficiaryMortgagee or must name Mortgagee as an additional insured (in each case, in accordance with the requirements of the Loan Agreement). Trustor At Mortgagee’s option, Grantor shall furnish Beneficiary Mortgagee with a certificate or an original copy of all policies of insurance required insurance. If Beneficiary consents to Trustor providing any of the required insurance through blanket policies carried by Trustor and covering more than one location, then Trustor shall furnish Beneficiary with under Section 1.3 above or a certificate of insurance for each such required policy setting forth the coverage, the limits of liability, the name of the carrier, the policy number, number and the expiration dateperiod of coverage (and subject to any further requirements set forth in the Loan Agreement). If Mortgagee consents, Grantor may provide any of the required insurance through blanket policies carried by Grantor and covering more than one location, or by policies procured by a party holding under Grantor; provided, however, all such policies must be in form and substance and issued by companies reasonably satisfactory to Mortgagee. At least thirty (30) days prior to the expiration of each such required policy, Trustor Grantor shall furnish Beneficiary with deliver to Mortgagee evidence satisfactory to Beneficiary Mortgagee of the payment of premium and the re-issuance renewal or replacement of a such policy continuing insurance in force as the form required by this Deed of TrustMortgage. All such policies shall must contain a provision that that, notwithstanding any contrary agreement between Grantor and an insurance company, such policies will not be canceled or materially amendedcancelled, which term shall include any reduction allowed to lapse without renewal, surrender, reduced in the scope or limits of coveragecoverage or otherwise materially amended, without at least fifteen thirty (1530) days’ prior written notice to Beneficiary. In the event Trustor fails to provide, maintain, keep in force or deliver and furnish to Beneficiary the policies of insurance required by this Section, Beneficiary may procure such insurance or single interest insurance for such risks covering Beneficiary’s interest, and Trustor will pay all premiums thereon promptly upon demand by Beneficiary, and until such payment is made by Trustor, the amount of all such premiums, together with interest thereon at the rate provided in the Note, shall be secured by this Deed of Trust. If requested by Beneficiary, after an event of default, Trustor shall deposit with Beneficiary in monthly installments, an amount equal to one-twelfth of the estimated aggregate annual insurance premiums on all policies of insurance required by this Deed of Trust. Trustor further agrees, upon Beneficiary’s request, to cause all bills, statements or other documents relating to the foregoing insurance premiums to be sent or mailed directly to Beneficiary. Upon receipt of such bills, statements or other documents, and providing Trustor has deposited sufficient funds with Beneficiary pursuant to this Section l.05, Beneficiary shall pay such amounts as may be due thereunder out of the funds so deposited with Beneficiary. If at any time and for any reason the funds deposited with Beneficiary are or will be insufficient to pay such amounts as may then or subsequently be due, Beneficiary shall notify Trustor and Trustor shall immediately deposit an amount equal to such deficiency with Beneficiary. Notwithstanding the foregoing, nothing contained herein shall cause Beneficiary to be deemed a trustee of said funds or to be obligated to pay any amounts in excess of the amount of funds deposited with Beneficiary pursuant to this Section l.05. Beneficiary may commingle said reserve with its own funds and Trustor shall be entitled to no interest thereonMortgagee.

Appears in 1 contract

Samples: Grubb & Ellis Healthcare REIT II, Inc.

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