Common use of Deposits of Insurance Funds Clause in Contracts

Deposits of Insurance Funds. (a) During the continuance of a Trigger Period or an Event of Default, Borrower shall deposit with or on behalf of Lender, on or before each Monthly Payment Date, an amount equal to one-twelfth of the Insurance Premiums that Lender reasonably estimates based on the most recent bxxx will be payable for the renewal of the coverage afforded by the Policies upon the expiration thereof, in order to accumulate sufficient funds to pay all such Insurance Premiums on or prior to the earlier of (A) at least thirty (30) days prior to the date on which such payments are due and payable and (B) the expiration of the Policies, which amounts shall be transferred into an Account established at Deposit Bank to hold such funds (the “Insurance Account”). Amounts deposited from time to time into the Insurance Account pursuant to this Section 6.4.1 are referred to herein as the “Insurance Funds”. If at any time Lender reasonably determines that the Insurance Funds will not be sufficient to pay the Insurance Premiums, assuming subsequent monthly deposits in accordance herewith, Lender shall notify Borrower of such determination and the monthly deposits for Insurance Premiums shall be increased by the amount that Lender reasonably estimates is sufficient to make up the deficiency at least thirty (30) days prior to expiration of the Policies. For the avoidance of doubt, to the extent that an Individual Property or Properties has been released from the Lien under the Loan Documents in accordance with the terms hereof, the funds required to be deposited into the Insurance Account by Borrower shall be appropriately reduced for the remainder of the Fiscal Year. The foregoing requirements are hereby waived with respect to any insurance maintained under a blanket Policy that satisfies the requirements set forth in Section 5.1.1(c).

Appears in 2 contracts

Samples: Loan Agreement (Hospitality Investors Trust, Inc.), Loan Agreement (Hospitality Investors Trust, Inc.)

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Deposits of Insurance Funds. Pursuant to the Cash Management Agreement, upon the occurrence of (a) During a Trigger Event and during the continuance of a Trigger Period or (b) an Event of DefaultDefault and during the continuance thereof, Borrower there shall deposit be deposited with or Agent on behalf of Lender, on or before each Monthly Payment Date, Date an amount equal to one-twelfth of the Insurance Premiums that Lender reasonably estimates based on the most recent bxxx will be payable for the renewal of the coverage afforded by the Policies upon the expiration thereof, thereof in order to accumulate sufficient funds to pay all such Insurance Premiums on or prior to the earlier of (A) at least thirty (30) days prior to the date on which such payments are due and payable and (B) the expiration of the Policies, which amounts shall be transferred into an Account established at Deposit Bank to hold such funds (the “Insurance Account”). Amounts deposited from time to time into the Insurance Account pursuant to this Section 6.4.1 6.3.1 are referred to herein as the “Insurance Funds”. If at any time Lender reasonably determines that the Insurance Funds will not be sufficient to pay the Insurance Premiums, assuming subsequent monthly deposits in accordance herewith, Lender shall notify Borrower of such determination and the monthly deposits for Insurance Premiums shall be increased by the amount that Lender reasonably estimates is sufficient to make up the deficiency at least thirty (30) days prior to expiration of the Policies. For ; provided that if Borrower receives notice of any deficiency after the avoidance of doubt, date that is thirty (30) days prior to the extent that an Individual Property expiration date of the Policies, Borrower will deposit such amount within three (3) Business Days after its receipt of such notice. Notwithstanding the foregoing provisions of this Section 6.3.1, if insurance coverages required hereunder are effected under one or Properties has been released from the Lien under the Loan Documents more blanket insurance Policies in accordance with the terms hereof, the funds required to be deposited into the Insurance Account by Borrower shall be appropriately reduced for the remainder of the Fiscal Year. The foregoing requirements are hereby waived with respect to any insurance maintained under a blanket Policy that satisfies the requirements set forth in Section 5.1.1(c), Borrower shall not be required to make deposits under this Section 6.3.1, provided that Borrower delivers to Lender certificates of insurance evidencing such blanket insurance Policies, together with evidence reasonably satisfactory to Lender that the premiums for such blanket insurance Policies have been paid, and if such Policies are to expire within thirty (30) days, that the premiums with respect to such blanket Policies for the next succeeding period have been paid.

Appears in 2 contracts

Samples: Loan Agreement (Americold Realty Trust), Loan Agreement (Americold Realty Trust)

Deposits of Insurance Funds. Pursuant to the Cash Management Agreement, upon the occurrence of (a) During a Trigger Event and during the continuance of a Trigger Period or (b) an Event of DefaultDefault and during the continuance thereof, Borrower there shall deposit be deposited with or Agent on behalf of Lender, on or before each Monthly Payment Date, Date an amount equal to one-twelfth of the Insurance Premiums that Lender reasonably estimates based on the most recent bxxx will be payable for the renewal of the coverage afforded by the Policies upon the expiration thereof, thereof in order to accumulate sufficient funds to pay all such Insurance Premiums on or prior to the earlier of (A) at least thirty (30) days prior to the date on which such payments are due and payable and (B) the expiration of the Policies, which amounts shall be transferred into an Account established at Deposit Bank to hold such funds (the “Insurance Account”). Amounts deposited from time to time into the Insurance Account pursuant to this Section 6.4.1 6.3.1 are referred to herein as the “Insurance Funds”. If at any time Lender reasonably determines that the Insurance Funds will not be sufficient to pay the Insurance Premiums, assuming subsequent monthly deposits in accordance herewith, Lender shall notify Borrower of such determination and the monthly deposits for Insurance Premiums shall be increased by the amount that Lender reasonably estimates is sufficient to make up the deficiency at least thirty (30) days prior to expiration of the Policies. For ; provided that if Borrower receives notice of any deficiency after the avoidance of doubt, date that is thirty (30) days prior to the extent that an Individual Property expiration date of the Policies, Borrower will deposit such amount within three (3) Business Days after its receipt of such notice. Notwithstanding the foregoing provisions of this Section 6.3.1, if insurance coverages required hereunder are effected under one or Properties has been released from the Lien under the Loan Documents more blanket insurance Policies in accordance with the terms hereof, the funds required to be deposited into the Insurance Account by Borrower shall be appropriately reduced for the remainder of the Fiscal Year. The foregoing requirements are hereby waived with respect to any insurance maintained under a blanket Policy that satisfies the requirements set forth in Section 5.1.1(c), Borrower shall not be required to make deposits under this Section 6.3.1, provided that Borrower delivers to Lender certificates of insurance evidencing such blanket insurance Policies, together with evidence reasonably satisfactory to Lender that the premiums for such blanket insurance Policies have been paid, and if such Policies are to expire within thirty (30) days, that the premiums with respect to- such blanket Policies for the next succeeding period have been paid.

Appears in 1 contract

Samples: Loan Agreement (Americold Realty Trust)

Deposits of Insurance Funds. Pursuant to the Cash Management Agreement, upon the occurrence of (a) During a Trigger Event and during the continuance of a Trigger Period or (b) an Event of DefaultDefault and during the continuance thereof, Borrower there shall deposit be deposited with or Agent on behalf of Lender, on or before each Monthly Payment Date, Date an amount equal to one-twelfth of the Insurance Premiums that Lender reasonably estimates based on the most recent bxxx will be payable for the renewal of the coverage afforded by the Policies upon the expiration thereof, thereof in order to accumulate sufficient funds to pay all such Insurance Premiums on or prior to the earlier of (A) at least thirty (30) days prior to the date on which such payments are due and payable and (B) the expiration of the Policies, which amounts shall be transferred into an Account established at Deposit Bank to hold such funds (the “Insurance Account”). Amounts deposited from time to time into the Insurance Account pursuant to this Section 6.4.1 6.3.1 are referred to herein as the “Insurance Funds”. If at any time Lender reasonably determines that the Insurance Funds will not be sufficient to pay the Insurance Premiums, assuming subsequent monthly deposits in accordance herewith, Lender shall notify Borrower of such determination and the monthly deposits for Insurance Premiums shall be increased by the amount that Lender reasonably estimates is sufficient to make up the deficiency at least thirty (30) days prior to expiration of the Policies. For ; provided that if Borrower receives notice of any deficiency after the avoidance of doubt, date that is thirty (30) days prior to the extent that an Individual Property expiration date of the Policies, Borrower will deposit such amount within three (3) Business Days after its receipt of such notice. Notwithstanding the foregoing provisions of this Section 6.3.1, if insurance coverages required hereunder are effected under one or Properties has been released from the Lien under the Loan Documents more blanket insurance Policies in accordance with the terms hereof, the funds required to be deposited into the Insurance Account by Borrower shall be appropriately reduced for the remainder of the Fiscal Year. The foregoing requirements are hereby waived with respect to any insurance maintained under a blanket Policy that satisfies the requirements set forth in Section 5.1.1(c5.11(c), Borrower shall not be required to make deposits under this Section 6.3.1, provided that Borrower delivers to Lender certificates of insurance evidencing such blanket insurance Policies, together with evidence reasonably satisfactory to Lender that the premiums for such blanket insurance Policies have been paid, and if such Policies are to expire within thirty (30) days, that the premiums with respect to such blanket Policies for the next succeeding period have been paid.

Appears in 1 contract

Samples: Loan Agreement (Americold Realty Trust)

Deposits of Insurance Funds. (a) During On the continuance of a Trigger Period or an Event of DefaultClosing Date, Borrower shall deposit with or Lender an amount equal to Seventy-Two Thousand Seven Hundred Eighty and 53/100 Dollars ($72,780.53), and on behalf of Lender, on or before each Monthly Payment Date, Borrower shall deposit with Lender an amount equal to one-twelfth (1/12) of the Insurance Premiums (the “Monthly Insurance Deposit”) that Lender reasonably estimates based on the most recent bxxx will be payable for the renewal of the coverage coverages afforded by the Policies upon the expiration thereof, thereof in order to accumulate sufficient funds to pay all such Insurance Premiums on or prior to the earlier of (A) at least thirty (30) days prior to the date on which such payments are due and payable and (B) the expiration of the Policies, which amounts shall be transferred into an Account established at Deposit Bank to hold such funds (the “Insurance Account”). Amounts deposited from time to time into the Insurance Account pursuant to this Section 6.4.1 6.3.1 are referred to herein as the “Insurance Funds”. ” and the account in which such amounts are held by Lender shall hereinafter be referred to as the “Insurance Account.” If at any time Lender reasonably determines that the Insurance Funds will not be sufficient to pay the Insurance Premiums, assuming subsequent monthly deposits in accordance herewithPremiums at least thirty (30) days prior to the expiration of the Policies, Lender shall notify Borrower of such determination and the monthly deposits for Insurance Premiums shall be increased by the amount that Lender reasonably estimates is sufficient to make up the deficiency at least thirty (30) days prior to expiration of the Policies. For ; provided that if Borrower receives notice of any such deficiency after the avoidance of doubt, date that is thirty (30) days prior to the extent that an Individual Property or Properties has been released from the Lien under the Loan Documents in accordance with the terms hereof, the funds required to be deposited into the Insurance Account by Borrower shall be appropriately reduced for the remainder expiration of the Fiscal Year. The foregoing requirements are hereby waived with respect Policies, Borrower will deposit such amount by the earlier of (a) three (3) Business Days after its receipt of such notice and (b) one (1) Business Day prior to any insurance maintained under a blanket Policy that satisfies expiration of the requirements set forth in Section 5.1.1(c)Policies.

Appears in 1 contract

Samples: Loan Agreement (KBS Strategic Opportunity REIT, Inc.)

Deposits of Insurance Funds. At Lender’s election (asuch election to be made by Lxxxxx sending a written election notice to Borrower at least ten (10) During days in advance of the continuance of Monthly Payment Date on which such election shall become effective, which such election shall remain in effect until Lender delivers a Trigger Period or an Event of Defaultnotice to Borrower terminating such election), on each Monthly Payment Date Borrower shall deposit with or on behalf of Lender, on or before each Monthly Payment Date, into an Account controlled by Lender (the “Insurance Account”)an amount equal to one-twelfth of the Insurance Premiums that Lender reasonably estimates based on the most recent bxxx will be payable for the renewal of the coverage afforded by the Policies upon the expiration thereof, thereof in order to accumulate sufficient funds to pay all such Insurance Premiums on or prior to the earlier of (A) at least thirty (30) days prior to the date on which such payments are due and payable and (B) the expiration of the Policies, which amounts shall be transferred into an Account established at Deposit Bank to hold such funds (the “Insurance Account”). Amounts deposited from time to time pursuant into the Insurance Account pursuant to this Section 6.4.1 are referred to herein as the “Insurance Funds”. .” If at any time time, Lender reasonably determines that the Insurance Funds will not be sufficient to pay the Insurance Premiums, assuming subsequent monthly deposits in accordance herewith, Lender shall notify Borrower of such determination and the monthly deposits for Insurance Premiums shall be increased by the amount that Lender reasonably estimates is sufficient to make up the deficiency at least thirty (30) days prior to expiration of the Policies. For Notwithstanding the avoidance foregoing, Lxxxxx agrees that upon delivery to Lender by Borrower of doubt, evidence satisfactory to Lender that the extent that an Individual Property or Properties has been released from the Lien under the Loan Documents in accordance with the terms hereof, the funds Policies of insurance required to be deposited into maintained by Borrower pursuant to Section 5.1.1 are maintained pursuant to blanket insurance Policies covering the Property and other properties and which blanket insurance Policies otherwise comply with the requirements of Section 5.1.1 and the Insurance Account by Premiums payable in connection therewith have been prepaid for not less than one year in advance (or, for the period of coverage under the Policies as to which certificates are delivered at closing, such period, if less than one year), then Borrower shall not be appropriately reduced for the remainder required to make monthly payments of the Fiscal YearInsurance Funds pursuant to this Section 6.3.1. The foregoing requirements Upon request of Lxxxxx, Borrower shall provide evidence satisfactory to Lender that the Insurance Premiums payable in connection with such blanket insurance Policies are hereby waived with respect to any insurance maintained under a blanket Policy that satisfies the requirements set forth in Section 5.1.1(c)paid as soon as appropriate evidence is reasonably available.

Appears in 1 contract

Samples: Loan Agreement (Lazydays Holdings, Inc.)

Deposits of Insurance Funds. (a) During On the continuance date hereof, Borrower has deposited or caused to be deposited with or on behalf of a Trigger Period or an Event Lender the sum of Default$20,235.75 for transfer to the Insurance Account. Commencing on the Monthly Payment Date occurring in June 2013 and on each Monthly Payment Date thereafter, Borrower shall deposit with or on behalf of Lender, on or before each Monthly Payment Date, Lender an amount equal to one-twelfth of the Insurance Premiums that Lender reasonably estimates based on the most recent bxxx will be payable for the renewal of the coverage afforded by the Policies upon the expiration thereof, thereof in order to accumulate sufficient funds to pay all such Insurance Premiums on or prior to the earlier of (A) at least thirty (30) days prior to the date on which such payments are due and payable and (B) the expiration of the Policies, which . All amounts deposited with Lender by or on behalf of Borrower under this Section 6.4.1 shall be transferred by or at the direction of Lender into an Account established at Deposit Bank to hold such funds (the “Insurance Account”). Amounts deposited from time to time into the Insurance Account pursuant to this Section 6.4.1 are referred to herein as the “Insurance Funds”. If at any time time, Lender reasonably determines that the Insurance Funds will not be sufficient to pay the Insurance Premiums, assuming subsequent monthly deposits in accordance herewith, Lender shall notify Borrower of such determination and the monthly deposits for Insurance Premiums shall be increased by the amount that Lender reasonably estimates is sufficient to make up the deficiency at least thirty (30) days prior to expiration of the Policies. For ; provided that if Borrower receives notice of any deficiency after the avoidance of doubt, date that is thirty (30) days prior to the extent that an Individual Property or Properties has been released from the Lien under the Loan Documents in accordance with the terms hereof, the funds required to be deposited into the Insurance Account by Borrower shall be appropriately reduced for the remainder expiration of the Fiscal Year. The foregoing requirements are hereby waived Policies, Borrower will deposit with respect to any insurance maintained under a blanket Policy that satisfies the requirements set forth in Section 5.1.1(c)or on behalf of Lender, such amount within one (1) Business Day after its receipt of such notice.

Appears in 1 contract

Samples: Loan Agreement (Moody National REIT I, Inc.)

Deposits of Insurance Funds. (a) During the continuance of a Trigger Period or an Event of DefaultOn each Monthly Payment Date, Borrower shall deposit with or on behalf of Lender, on or before each Monthly Payment Date, Lender an amount equal to one-twelfth (1/12) of the Insurance Premiums (the “Monthly Insurance Deposit”) that Lender reasonably estimates based on the most recent bxxx will be payable for the renewal of the coverage coverages afforded by the Policies upon the expiration thereof, thereof in order to accumulate sufficient funds to pay all such Insurance Premiums on or prior to the earlier of (A) at least thirty (30) days prior to the date on which such payments are due and payable and (B) the expiration of the Policies, which amounts shall be transferred into an Account established at Deposit Bank to hold such funds (the “Insurance Account”). Amounts deposited from time to time into the Insurance Account pursuant to this Section 6.4.1 6.3.1 are referred to herein as the “Insurance Funds”. ” and the account in which such amounts are held by Lender shall hereinafter be referred to as the “Insurance Account.” If at any time Lender reasonably determines that the Insurance Funds will not be sufficient to pay the Insurance Premiums, assuming subsequent monthly deposits in accordance herewithPremiums at least thirty (30) days prior to the expiration of the Policies, Lender shall notify Borrower of such determination and the monthly deposits for Insurance Premiums shall be increased by the amount that Lender reasonably estimates is sufficient to make up the deficiency at least thirty (30) days prior to expiration of the Policies. For ; provided that if Borrower receives notice of any such deficiency after the avoidance of doubt, date that is thirty (30) days prior to the extent that an Individual Property or Properties has been released from the Lien under the Loan Documents in accordance with the terms hereof, the funds required to be deposited into the Insurance Account by Borrower shall be appropriately reduced for the remainder expiration of the Fiscal Year. The foregoing requirements are hereby waived with respect to any insurance maintained under a blanket Policy that satisfies the requirements set forth in Section 5.1.1(c)Policies, Borrower will deposit such amount within two (2) Business Days after its receipt of such notice.

Appears in 1 contract

Samples: Loan Agreement (Hersha Hospitality Trust)

Deposits of Insurance Funds. (a) During On the continuance of a Trigger Period or an Event of DefaultClosing Date, Borrower shall deposit with or on behalf Administrative Agent the amount of Lender$0.00 and, thereafter, on or before each Monthly Payment Date, Borrower shall deposit on each Monthly Payment Date an amount equal to one-twelfth of the Insurance Premiums that Lender reasonably Administrative Agent estimates based on the most recent bxxx will be payable for the renewal of the coverage afforded by the Policies upon the expiration thereof, thereof in order to accumulate sufficient funds to pay all such Insurance Premiums on or prior to the earlier of (A) at least thirty (30) days prior to the date on which such payments are due and payable and (B) the expiration of the Policies, which amounts shall be transferred into an Account established at Deposit Bank to hold such funds (the “Insurance Account”). Amounts deposited from time to time into the Insurance Account pursuant to this Section 6.4.1 6.3.1 are referred to herein as the “Insurance Funds”. .” The Account in which the Insurance Funds are held shall hereinafter be referred to as the “Insurance Reserve Account.” If at any time Lender time, Administrative Agent reasonably determines that the Insurance Funds will not be sufficient to pay the Insurance Premiums, assuming subsequent monthly deposits in accordance herewith, Lender Administrative Agent shall notify Borrower of such determination and the monthly deposits for Insurance Premiums shall be increased by the amount that Lender reasonably Administrative Agent estimates is sufficient to make up the deficiency at least thirty (30) days prior to expiration of the Policies. For In addition to the avoidance foregoing, if Xxxxxxxx fails to renew the policy or policies required pursuant to Section 5.1 hereof by the date which is seven (7) days prior to the expiration thereof, Xxxxxxxx agrees to notify Administrative Agent of doubtsuch failure, and to keep Administrative Agent reasonably apprised of all developments in connection therewith, and if, following such notice, Administrative Agent reasonably believes that Borrower will be unable to bind the policy or policies described in Section 5.1 prior to the expiration thereof, then Administrative Agent shall have the right, without notice to Borrower, to take such action as Administrative Agent deems necessary to protect its interest in the extent that an Individual Property or Properties has been released from the Lien under the Loan Documents in accordance with the terms hereofProperty, including, without limitation, the funds required to obtaining of such insurance coverage as Administrative Agent in its reasonable discretion deems appropriate. All premiums incurred by Administrative Agent in connection with such action or in obtaining such insurance and keeping it in effect shall be deposited into the Insurance Account paid by Borrower to Administrative Agent upon demand and, until paid, shall be appropriately reduced for secured by the remainder of Mortgage and shall bear interest at the Fiscal YearDefault Rate. The foregoing requirements are hereby waived with respect to any insurance maintained under a blanket Policy that satisfies the requirements set forth in Section 5.1.1(c).6.3.2

Appears in 1 contract

Samples: Senior Loan Agreement (Pacific Oak Strategic Opportunity REIT, Inc.)

Deposits of Insurance Funds. (a) During On the continuance of a Trigger Period or an Event of DefaultClosing Date, Borrower shall deposit with or Lender the amount of $0 into the Insurance Reserve Account (as defined below) and, thereafter, there shall be deposited by Borrower (provided no Cash Trap Period is then continuing) on behalf of Lender, on or before each Monthly Payment Date, Date an amount equal to one-twelfth $4,277.75 (which amount is equal to one‑twelfth of the Insurance Premiums that Lender reasonably estimates based on the most recent bxxx will be payable for the renewal of the coverage afforded by the Policies upon the expiration thereof, ) in order to accumulate sufficient funds to pay all such Insurance Premiums on or prior to the earlier of (A) at least thirty (30) days prior to the date on which such payments are due and payable and (B) the expiration of the Policies, which amounts shall be transferred into an Account established at Deposit Bank to hold such funds (the “Insurance Account”). Amounts deposited from time to time into the Insurance Account pursuant to this Section 6.4.1 6.3.1 are referred to herein as the “Insurance Funds”. .” The Account in which the Insurance Funds are held shall hereinafter be referred to as the “Insurance Reserve Account.” If at any time time, Lender reasonably determines that the Insurance Funds will not be sufficient to pay the Insurance Premiums, assuming subsequent monthly deposits in accordance herewith, Lender shall notify Borrower of such determination and the monthly deposits for Insurance Premiums shall be increased by the amount that Lender reasonably estimates is sufficient to make up the deficiency at least thirty (30) days prior to expiration of the Policies. For In addition to the avoidance foregoing, if Borrower fails to renew the policy or policies described in Section 5.1 hereof by the date which is five (5) business days prior to the expiration thereof, Borrower agrees to notify Lender of doubtsuch failure, and to keep Lender reasonably apprised of all developments in connection therewith, and if, following such notice, Lender reasonably believes that Borrower will be unable to bind the policy or policies described in Section 5.1 prior to the expiration thereof, then Lender shall have the right, without notice to Borrower, to take such action as Lender deems necessary to protect its interest in the extent that an Individual Property or Properties has been released from the Lien under the Loan Documents in accordance with the terms hereofProperty, including, without limitation, the funds required to obtaining of such insurance coverage as Lender in its reasonable discretion deems appropriate. All premiums incurred by Lender in connection with such action or in obtaining such insurance and keeping it in effect shall be deposited into the Insurance Account paid by Borrower to Lender upon demand and, until paid, shall be appropriately reduced for secured by the remainder of Mortgage and shall bear interest at the Fiscal Year. The foregoing requirements are hereby waived with respect to any insurance maintained under a blanket Policy that satisfies the requirements set forth in Section 5.1.1(c)Default Rate.

Appears in 1 contract

Samples: Loan Agreement (Pacific Oak Strategic Opportunity REIT II, Inc.)

Deposits of Insurance Funds. Borrower shall deposit with Agent or Servicer on behalf of Agent (a) During or cause to be deposited with Agent or Servicer pursuant to the Cash Management Agreement), on each Monthly Payment Date during the continuance of a Trigger Period or an Cash Sweep Event of Default, Borrower shall deposit with or on behalf of Lender, on or before each Monthly Payment DatePeriod, an amount equal to one-twelfth of the Insurance Premiums that Lender reasonably Agent estimates based on the most recent bxxx will be payable for the renewal of the coverage afforded by the Policies upon the expiration thereof, thereof in order to accumulate sufficient funds to pay all such Insurance Premiums on or prior to the earlier of (A) at least thirty (30) days prior to the date on which such payments are due and payable and (B) the expiration of the Policies, which amounts shall be transferred into an Account established at Deposit Bank to hold such funds (the “Insurance Account”). Amounts deposited from time to time into the Insurance Account pursuant to this Section 6.4.1 6.3.1 are referred to herein as the “Insurance Funds”. The Insurance Funds shall be held in the Insurance Escrow Subaccount (as defined in the Cash Management Agreement), which shall be an Interest Bearing Account. If at any time Lender Agent reasonably determines that the Insurance Funds will not be sufficient to pay the Insurance Premiums, assuming subsequent monthly deposits in accordance herewith, Lender Agent shall notify Borrower of such determination and the monthly deposits for Insurance Premiums shall be increased by the amount that Lender Agent reasonably estimates is sufficient to make up the deficiency at least thirty (30) days prior to expiration of the Policies. For Notwithstanding the avoidance foregoing, provided no Event of doubtDefault is continuing, Agent agrees that upon delivery to Agent by Borrower of evidence satisfactory to Agent that the extent that an Individual Property or Properties has been released from the Lien under the Loan Documents in accordance with the terms hereof, the funds Policies of insurance required to be deposited into maintained by Borrower pursuant to Section 5.1.1 are maintained pursuant to blanket insurance Policies covering the Property and other properties and which blanket insurance Policies otherwise comply with the requirements of Section 5.1.1 and the Insurance Account by Premiums payable in connection therewith have been prepaid for not less than one year in advance (or, for the period of coverage under the Policies as to which certificates are delivered at closing, such period, if less than one year), then Borrower’s obligation to make monthly deposits of the Insurance Funds pursuant to this Section 6.3.1 shall be suspended. Upon request of Agent, Borrower shall be appropriately reduced for provide evidence satisfactory to Agent that the remainder of the Fiscal Year. The foregoing requirements Insurance Premiums payable in connection with such blanket insurance Policies are hereby waived with respect to any insurance maintained under a blanket Policy that satisfies the requirements set forth in Section 5.1.1(c)paid as soon as appropriate evidence is reasonably available.

Appears in 1 contract

Samples: Loan Agreement (Black Creek Diversified Property Fund Inc.)

Deposits of Insurance Funds. (a) During the continuance of a Trigger Period or an Event of Default, On each Monthly Payment Date Borrower shall deposit with or on behalf of Lender, on or before each Monthly Payment Date, Lender an amount equal to one-twelfth of the Insurance Premiums that Lender reasonably estimates based on the most recent bxxx will be payable for the renewal of the coverage afforded by the Policies upon the expiration thereof, thereof in order to accumulate sufficient funds to pay all such Insurance Premiums on or prior to the earlier of (A) at least thirty (30) days prior to the date on which such payments are due and payable and (B) the expiration of the Policies, which amounts shall be transferred into an Account established at Deposit Bank to hold such funds (the “Insurance Account”). Amounts deposited from time to time into the Insurance Account pursuant to this Section 6.4.1 6.3.1 are referred to herein as the “Insurance Funds”. .” If at any time Lender reasonably determines that the Insurance Funds will not be sufficient to pay the Insurance Premiums, assuming subsequent monthly deposits in accordance herewith, Lender shall notify Borrower of such determination and the monthly deposits for Insurance Premiums shall be increased by the amount that Lender reasonably estimates is sufficient to make up the deficiency at least thirty (30) days prior to expiration of the Policies. For Notwithstanding the avoidance foregoing, without waiving any of doubt, to the extent that an Individual Property or Properties has been released from the Lien Borrower’s obligations under the Loan Documents to pay maintain the insurance coverage required pursuant to Section 5.1.1 and pay the related Insurance Premiums, so long as Borrower pays all Insurance Premiums prior to the due date thereof without the addition of interest, fees or penalty, Lender agrees to defer its right under this Agreement and the other Loan Documents to require monthly deposits of Insurance Funds with Lender at all times other than during a Cash Management Period. If (a) Borrower fails to pay all Insurance Premiums due with respect to the Property prior to the due date thereof without the addition of interest, fees or penalty, and to provide Lender with evidence reasonably satisfactory to Lender thereof, or (b) a Cash Management Period occurs, and until a Cash Management Period Termination Event occurs, then in addition to Lender’s other remedies under applicable law and under the Loan Documents, Borrower shall immediately commence making monthly deposits of Insurance Funds in an amount determined by Lender in accordance with this Section 6.3.1 for such purpose pursuant to the terms hereof, the funds required to be deposited into the Insurance Account by Borrower shall be appropriately reduced for the remainder of the Fiscal Year. The foregoing requirements are hereby waived with respect to any insurance maintained under a blanket Policy that satisfies the requirements set forth in Section 5.1.1(c)Cash Management Agreement.

Appears in 1 contract

Samples: Loan Agreement (Ps Business Parks Inc/Ca)

Deposits of Insurance Funds. (a) During Upon the continuance occurrence of a Trigger Period or an Event of DefaultPeriod, Borrower shall deposit with or on behalf of Lender, an amount equal to one-twelfth of the Insurance Premiums that Lender estimates will be payable for the renewal of the coverage afforded by the Policies multiplied by the amount of Monthly Payment Dates that have occurred since the last payment of the Insurance Premiums and (b) thereafter, during the continuance of the applicable Trigger Period, on or before each Monthly Payment Date, an amount equal to one-twelfth of the Insurance Premiums that Lender reasonably estimates based on the most recent bxxx will be payable for the renewal of the coverage afforded by the Policies upon the expiration thereof, thereof in order to accumulate sufficient funds to pay all such Insurance Premiums on or prior to the earlier of (A) at least thirty (30) days prior to the date on which such payments are due and payable and (B) the expiration of the Policies, which amounts shall be transferred into an Account established at Deposit Bank to hold such funds (the “Insurance Account”). Amounts deposited from time to time into the Insurance Account pursuant to this Section 6.4.1 are referred to herein as the “Insurance Funds”. If at any time Lender reasonably determines that the Insurance Funds will not be sufficient to pay the Insurance Premiums, assuming subsequent monthly deposits in accordance herewith, Lender shall notify Borrower of such determination and the monthly deposits for Insurance Premiums shall be increased by the amount that Lender reasonably estimates is sufficient to make up the deficiency at least thirty (30) days prior to expiration of the Policies. For the avoidance of doubt, to the extent that an Individual Property or Properties has been released from the Lien under the Loan Documents in accordance with the terms hereof, the funds required to be deposited into the Insurance Account by Borrower shall be appropriately reduced for the remainder of the Fiscal Year. The foregoing requirements are hereby waived with respect to any insurance maintained under a blanket Policy that satisfies the requirements set forth in Section 5.1.1(c).

Appears in 1 contract

Samples: Loan Agreement (Clipper Realty Inc.)

Deposits of Insurance Funds. Borrower shall deposit with Lender or Servicer on behalf of Lender (a) During or cause to be deposited with Lender or Servicer pursuant to the Cash Management Agreement), on each Monthly Payment Date during the continuance of a Trigger Period or an Event of Default, Borrower shall deposit with or on behalf of Lender, on or before each Monthly Payment DateCash Management Sweep Period, an amount equal to one-twelfth of the Insurance Premiums (excluding premiums under policies described in Section 5.1.1(h)) that Lender reasonably estimates based on the most recent bxxx will be payable for the renewal of the coverage afforded by the Policies upon the expiration thereof, thereof in order to accumulate sufficient funds to pay all such Insurance Premiums on or prior to the earlier of (A) at least thirty (30) days prior to the date on which such payments are due and payable and (B) the expiration of the Policies, which amounts shall be transferred into an Account established at Deposit Bank to hold such funds (the “Insurance Account”). Amounts deposited from time to time into the Insurance Account pursuant to this Section 6.4.1 6.3.1 are referred to herein as the “Insurance Funds”. The Insurance Funds shall be held in the Insurance Reserve Account (as defined in the Cash Management Agreement), which shall be an Interest Bearing Account. If at any time Lender reasonably determines that the Insurance Funds will not be sufficient to pay the Insurance Premiums, assuming subsequent monthly deposits in accordance herewith, Lender shall notify Borrower of such determination and the monthly deposits for Insurance Premiums shall be increased by the amount that Lender reasonably estimates is sufficient to make up the deficiency at least thirty (30) days prior to expiration of the Policies. For Notwithstanding the avoidance foregoing, provided no Event of doubtDefault is continuing, Lender agrees that upon delivery to Lender by Borrower of evidence satisfactory to Lender that the extent that an Individual Property or Properties has been released from the Lien under the Loan Documents in accordance with the terms hereof, the funds Policies of insurance required to be deposited into maintained by Borrower pursuant to Section 5.1.1 are maintained pursuant to blanket insurance Policies covering the Collective Properties and other properties and which blanket insurance Policies otherwise comply with the requirements of Section 5.1.1 and the Insurance Account by Premiums payable in connection therewith have been prepaid for not less than one year in advance (or, for the period of coverage under the Policies as to which certificates are delivered at closing, such period, if less than one year), then Borrower’s obligation to make monthly deposits of the Insurance Funds pursuant to this Section 6.3.1 shall be suspended. Upon request of Lender, Borrower shall be appropriately reduced for provide evidence satisfactory to Lender that the remainder of the Fiscal Year. The foregoing requirements Insurance Premiums payable in connection with such blanket insurance Policies are hereby waived with respect to any insurance maintained under a blanket Policy that satisfies the requirements set forth in Section 5.1.1(c)paid as soon as appropriate evidence is reasonably available.

Appears in 1 contract

Samples: Loan Agreement (Industrial Logistics Properties Trust)

Deposits of Insurance Funds. (a) During the continuance of a Trigger Period or an Event of Default, Borrower Borrowers shall deposit with or Lender the amount of Seventy Two Thousand Nine Hundred Fifty Six and 13/100 Dollars ($72,956.13) on the Closing Date, as to which the amount of Thirty Thousand Nine Hundred Thirty Four and 89/100 Dollars ($30,934.89) shall be deemed deposited on behalf of LenderHorizon Xxxxxxxx, the amount of Nineteen Thousand Eight Hundred Forty Eight and 67/100 Dollars ($19,848.67) shall be deemed deposited on or before behalf of Horizon Medford, and the amount of Twenty Two Thousand One Hundred Seventy Two and 57/100 Dollars ($22,172.57) shall be deemed deposited on behalf of Horizon Warrenton. On each Monthly Payment Date, each Borrower shall deposit with Lender an amount equal to one-twelfth of the Insurance Premiums that Lender reasonably estimates based on the most recent bxxx will be payable for the renewal of the coverage afforded by the Policies upon the expiration thereofthereof in respect of the Individual Property owned by such Borrower, in order to accumulate sufficient funds to pay all such Insurance Premiums on or prior to the earlier of (A) at least thirty (30) days prior to the date on which such payments are due and payable and (B) the expiration of the Policies, which amounts shall be transferred into an Account established at Deposit Bank to hold such funds (the “Insurance Account”"INSURANCE ACCOUNT"). Amounts deposited from time to time into the Insurance Account pursuant to this Section SECTION 6.4.1 are referred to herein as the “Insurance Funds”"INSURANCE FUNDS". If at any time Lender reasonably determines that the Insurance Funds will not be sufficient to pay the Insurance Premiums, assuming subsequent monthly deposits in accordance herewith, Lender shall notify Borrower Borrowers of such determination and the monthly deposits for Insurance Premiums shall be increased by the amount that Lender reasonably estimates is sufficient to make up the deficiency at least thirty (30) days prior to expiration of the Policies. For the avoidance of doubt, to the extent that an Individual Property or Properties has been released from the Lien under the Loan Documents in accordance with the terms hereof, the funds required to be deposited into the Insurance Account by Borrower shall be appropriately reduced for the remainder of the Fiscal Year. The foregoing requirements are hereby waived with respect to any insurance maintained under a blanket Policy that satisfies the requirements set forth in Section 5.1.1(c).

Appears in 1 contract

Samples: Loan Agreement (Horizon Group Properties Inc)

Deposits of Insurance Funds. (a) During the continuance of a Trigger Period or an Event of Default, Borrower shall deposit with or on behalf of Lender, on or before each Monthly Payment Date, an amount equal to one-twelfth of the Insurance Premiums that Lender reasonably estimates based on the most recent bxxx will be payable for the renewal of the coverage afforded by the Policies upon the expiration thereof, in order to accumulate sufficient funds to pay all such Insurance Premiums on or prior to the earlier of (A) at least thirty (30) days prior to the date on which such payments are due and payable and (B) the expiration of the Policies, which amounts shall be transferred into an Account established at Deposit Bank to hold such funds (the “Insurance Account”). Amounts deposited from time to time into the Insurance Account pursuant to this Section 6.4.1 are referred to herein as the “Insurance Funds”. If at any time Lender reasonably determines that the Insurance Funds will not be sufficient to pay the Insurance Premiums, assuming subsequent monthly deposits in accordance herewith, Lender shall notify Borrower of such determination and the monthly deposits for Insurance Premiums shall be increased by the amount that Lender reasonably estimates is sufficient to make up the deficiency at least thirty (30) days prior to expiration of the Policies. For the avoidance of doubt, to the extent that an Individual Property or Properties has been released from the Lien under the Loan Documents in accordance with the terms hereof, the funds required to be deposited into the Insurance Account by Borrower shall be appropriately reduced for the remainder of the Fiscal Year. The foregoing requirements are hereby waived with respect to any insurance maintained under a blanket Policy that satisfies the requirements set forth in Section 5.1.1(c).. -126- Loan Agreement

Appears in 1 contract

Samples: Loan Agreement (Hospitality Investors Trust, Inc.)

Deposits of Insurance Funds. (a) During On the continuance date hereof, Borrower has deposited or caused to be deposited with or on behalf of a Trigger Period or an Event Lender the sum of Default$17,158.52 for transfer to the Insurance Account. Commencing on the Monthly Payment Date occurring in May 2014 and on each Monthly Payment Date thereafter, Borrower shall deposit with or on behalf of Lender, on or before each Monthly Payment Date, Lender an amount equal to one-twelfth of the Insurance Premiums that Lender reasonably estimates based on the most recent bxxx will be payable for the renewal of the coverage afforded by the Policies upon the expiration thereof, thereof in order to accumulate sufficient funds to pay all such Insurance Premiums on or prior to the earlier of (A) at least thirty (30) days prior to the date on which such payments are due and payable and (B) the expiration of the Policies, which . All amounts deposited with Lender by or on behalf of Borrower under this Section 6.4.1 shall be transferred by or at the direction of Lender into an Account established at Deposit Bank to hold such funds (the “Insurance Account”). Amounts deposited from time to time into the Insurance Account pursuant to this Section 6.4.1 are referred to herein as the “Insurance Funds”. If at any time time, Lender reasonably determines that the Insurance Funds will not be sufficient to pay the Insurance Premiums, assuming subsequent monthly deposits in accordance herewith, Lender shall notify Borrower of such determination and the monthly deposits for Insurance Premiums shall be increased by the amount that Lender reasonably estimates is sufficient to make up the deficiency at least thirty (30) days prior to expiration of the Policies. For ; provided that if Borrower receives notice of any deficiency after the avoidance of doubt, date that is thirty (30) days prior to the extent that an Individual Property or Properties has been released from the Lien under the Loan Documents in accordance with the terms hereof, the funds required to be deposited into the Insurance Account by Borrower shall be appropriately reduced for the remainder expiration of the Fiscal Year. The foregoing requirements are hereby waived Policies, Borrower will deposit with respect to any insurance maintained under a blanket Policy that satisfies the requirements set forth in Section 5.1.1(c)or on behalf of Lender, such amount within one (1) Business Day after its receipt of such notice.

Appears in 1 contract

Samples: Loan Agreement (Moody National REIT I, Inc.)

Deposits of Insurance Funds. (a) During the continuance of a Trigger Period or an Event of Default, Borrower shall deposit with or on behalf of Lender, on or before each Monthly Payment Date, Date an amount equal to one-one twelfth of the Insurance Premiums that Lender reasonably estimates based on the most recent bxxx will be payable for the renewal of the coverage afforded by the Policies upon the expiration thereof, thereof in order to accumulate sufficient funds to pay all such Insurance Premiums on or prior to the earlier of (A) at least thirty (30) days prior to the date on which such payments are due and payable and (B) the expiration of the Policies, which amounts shall be transferred into an Account established at Deposit Bank to hold such funds Policies (the “Monthly Insurance AccountDeposit”). Amounts deposited from time to time into the Insurance Account pursuant to this Section 6.4.1 6.3.1 are referred to herein as the “Insurance Funds”. .” If at any time Lender reasonably determines that the Insurance Funds will not be sufficient to pay the Insurance Premiums, assuming subsequent monthly deposits in accordance herewith, Lender shall notify Borrower of such determination and the monthly deposits for Insurance Premiums shall be increased by the amount that Lender reasonably estimates is sufficient to make up the deficiency at least thirty (30) days prior to expiration of the Policies. For Notwithstanding the avoidance forgoing, Borrower shall not be required to make the Monthly Insurance Deposit as set forth above provided (i) the liability and casualty policies maintained by Borrower (or Manager or Brand Manager) covering the Property are part of doubta blanket or umbrella policy approved by Lender in its reasonable discretion, (ii) Borrower provides Lender evidence of renewal of such policy pursuant to Section 5.1.1(b) hereof, and (iii) Borrower provides Lender paid receipts for the payment of the Insurance Premiums by no later than forty-five (45) days following the inception or renewal of the Policies. Borrower shall immediately commence making all Monthly Insurance Deposits, as required by Lender pursuant to this Section 6.3.1, within five (5) days of receipt of notice from Lender of Borrower’s failure to comply with items (i), (ii), or (iii) above, and such failure is not cured within such five (5) day period, which such notice shall instruct Borrower, in such event, to immediately commence making all Monthly Insurance Deposits, including, without limitation, an up-front payment as determined by Lender to cause the extent that an Individual Property or Properties has been released from the Lien under the Loan Documents in accordance Insurance Funds (together with the terms hereof, the funds required anticipated Monthly Insurance Deposits) to be deposited into sufficient to pay the Insurance Account by Borrower shall be appropriately reduced for the remainder of the Fiscal Year. The foregoing requirements are hereby waived with respect to any insurance maintained under a blanket Policy that satisfies the requirements set forth in Section 5.1.1(c)Premiums when due.

Appears in 1 contract

Samples: Management Agreement (Ashford Hospitality Prime, Inc.)

Deposits of Insurance Funds. (a) During On the continuance of a Trigger Period or an Event of DefaultClosing Date, Borrower shall deposit with or on behalf of LenderLender an amount equal to Four Thousand Fifty Six and No/100 Dollars ($4,056.00) and, on or before each Monthly Payment Date, Borrower shall deposit with Lender an amount equal to one-twelfth (1/12) of the Insurance Premiums (the “Monthly Insurance Deposit”) that Lender reasonably estimates based on the most recent bxxx will be payable for the renewal of the coverage coverages afforded by the Policies upon the expiration thereof, thereof in order to accumulate sufficient funds to pay all such Insurance Premiums on or prior to the earlier of (A) at least thirty (30) days prior to the date on which such payments are due and payable and (B) the expiration of the Policies, which amounts shall be transferred into an Account established at Deposit Bank to hold such funds (the “Insurance Account”). Amounts deposited from time to time into the Insurance Account pursuant to this Section 6.4.1 6.3.1 are referred to herein as the “Insurance Funds”. ” and the account in which such amounts are held by Lender shall hereinafter be referred to as the “Insurance Account.” If at any time Lender reasonably determines that the Insurance Funds will not be sufficient to pay the Insurance Premiums, assuming subsequent monthly deposits in accordance herewithPremiums at least thirty (30) days prior to the expiration of the Policies, Lender shall notify Borrower of such determination and the monthly deposits for Insurance Premiums shall be increased by the amount that Lender reasonably estimates is sufficient to make up the deficiency at least thirty (30) days prior to expiration of the Policies. For ; provided that if Borrower receives notice of any such deficiency after the avoidance of doubt, date that is thirty (30) days prior to the extent that an Individual Property or Properties has been released from the Lien under the Loan Documents in accordance with the terms hereof, the funds required to be deposited into the Insurance Account by Borrower shall be appropriately reduced for the remainder expiration of the Fiscal Year. The foregoing requirements are hereby waived with respect to any insurance maintained under a blanket Policy that satisfies the requirements set forth in Section 5.1.1(c)Policies, Borrower will deposit such amount within three (3) Business Days after its receipt of such notice.

Appears in 1 contract

Samples: Loan Agreement (American Realty Capital - Retail Centers of America, Inc.)

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Deposits of Insurance Funds. Borrower shall deposit with Lender or Servicer on behalf of Lender (a) During or cause to be deposited with Lender or Servicer pursuant to the Cash Management Agreement), on each Monthly Payment Date during the continuance of a Trigger Period or an Event of Default, Borrower shall deposit with or on behalf of Lender, on or before each Monthly Payment DateCash Management Sweep Period, an amount equal to one-twelfth of the Insurance Premiums that Lender reasonably estimates based on the most recent bxxx will be payable for the renewal of the coverage afforded by the Policies upon the expiration thereof, thereof in order to accumulate sufficient funds to pay all such Insurance Premiums on or prior to the earlier of (A) at least thirty (30) days prior to the date on which such payments are due and payable and (B) the expiration of the Policies, which amounts shall be transferred into an Account established at Deposit Bank to hold such funds (the “Insurance Account”). Amounts deposited from time to time into the Insurance Account pursuant to this Section 6.4.1 6.3.1 are referred to herein as the “Insurance Funds”. The Insurance Funds shall be held in the Insurance Reserve Account (as defined in the Cash Management Agreement), which shall be an Interest Bearing Account. If at any time Lender reasonably determines that the Insurance Funds will not be sufficient to pay the Insurance Premiums, assuming subsequent monthly deposits in accordance herewith, Lender shall notify Borrower of such determination and the monthly deposits for Insurance Premiums shall be increased by the amount that Lender reasonably estimates is sufficient to make up the deficiency at least thirty (30) days prior to expiration of the Policies. For Notwithstanding the avoidance foregoing, provided no Event of doubtDefault is continuing and further provided the Property is not located in a “special flood hazard area”, Lender agrees that upon delivery to Lender by Borrower of evidence satisfactory to Lender that the extent that an Individual Property or Properties has been released from the Lien under the Loan Documents in accordance with the terms hereof, the funds Policies of insurance required to be deposited into maintained by Borrower pursuant to Section 5.1.1 are maintained pursuant to blanket insurance Policies covering the Collective Properties and other properties and which blanket insurance Policies otherwise comply with the requirements of Section 5.1.1 and the Insurance Account by Premiums payable in connection therewith have been prepaid for not less than one year in advance (or, for the period of coverage under the Policies as to which certificates are delivered at closing, such period, if less than one year), then Borrower’s obligation to make monthly deposits of the Insurance Funds pursuant to this Section 6.3.1 shall be suspended. Upon request of Lender, Borrower shall be appropriately reduced for provide evidence satisfactory to Lender that the remainder of the Fiscal Year. The foregoing requirements Insurance Premiums payable in connection with such blanket insurance Policies are hereby waived with respect to any insurance maintained under a blanket Policy that satisfies the requirements set forth in Section 5.1.1(c)paid as soon as appropriate evidence is reasonably available.

Appears in 1 contract

Samples: Loan Agreement (Industrial Logistics Properties Trust)

Deposits of Insurance Funds. Borrower shall deposit with Agent or Servicer on behalf of Agent (a) During or cause to be deposited with Agent or Servicer pursuant to the Cash Management Agreement), on each Monthly Payment Date during the continuance of a Trigger Period or an Cash Sweep Event of Default, Borrower shall deposit with or on behalf of Lender, on or before each Monthly Payment DatePeriod, an amount equal to one-twelfth of the Insurance Premiums that Lender reasonably Agent estimates based on the most recent bxxx will be payable for the renewal of the coverage afforded by the Policies upon the expiration thereof, thereof in order to accumulate sufficient funds to pay all such Insurance Premiums on or prior to the earlier of (A) at least thirty (30) days prior to the date on which such payments are due and payable and (B) the expiration of the Policies, which amounts shall be transferred into an Account established at Deposit Bank to hold such funds (the “Insurance Account”). Amounts deposited from time to time into the Insurance Account pursuant to this Section 6.4.1 6.3.1 are referred to herein as the “Insurance Funds”. The Insurance Funds shall be held in the Insurance Escrow Subaccount (as defined in the Cash Management Agreement), which shall be an Interest Bearing Account. If at any time Lender Agent reasonably determines that the Insurance Funds will not be sufficient to pay the Insurance Premiums, assuming subsequent monthly deposits in accordance herewith, Lender Agent shall notify Borrower of such determination and the monthly deposits for Insurance Premiums shall be increased by the amount that Lender Agent reasonably estimates is sufficient to make up the deficiency at least thirty (30) days prior to expiration of the Policies. For Notwithstanding the avoidance foregoing, provided no Event of doubtDefault is continuing, Agent agrees that upon delivery to Agent by Borrower of evidence satisfactory to Agent that the extent that an Individual Property or Properties has been released from the Lien under the Loan Documents in accordance with the terms hereof, the funds Policies of insurance required to be deposited into maintained by Borrower pursuant to Section 5.1.1 are maintained pursuant to blanket insurance Policies covering the Property and other properties and which blanket insurance Policies otherwise comply with the requirements of Section 5.1.1 and the Insurance Account by Premiums payable in connection therewith have been prepaid for not less than one year in advance (or, for the period of coverage under the Policies as to which certificates are delivered at closing, such period, if less than one year), then Borrower’s obligation to make monthly deposits of the Insurance Funds pursuant to this Section 6.3.1 shall be suspended. Upon request of Agent, Borrower shall be appropriately reduced for provide evidence satisfactory to Agent that the remainder of the Fiscal YearInsurance Premiums payable in connection with such blanket insurance Policies are paid as soon as appropriate evidence is reasonably available. The foregoing requirements are hereby waived with respect to any insurance maintained under a blanket Policy that satisfies the requirements set forth in Section 5.1.1(c).95

Appears in 1 contract

Samples: Loan Agreement (Black Creek Diversified Property Fund Inc.)

Deposits of Insurance Funds. (a) During Subject to the continuance terms of a Trigger Period or an Event of Default, Borrower shall deposit with or on behalf of Lenderthis Section 6.3.1, on or before the Closing Date, and on each Monthly Payment DateDate thereafter, Borrower and/or Security Guarantor shall deposit an amount equal to one-twelfth of the Insurance Premiums that Lender reasonably Agent estimates based on the most recent bxxx will be payable for the renewal of the coverage afforded by the Policies upon the expiration thereof, thereof in order to accumulate sufficient funds to pay all such Insurance Premiums on or prior to the earlier of (A) at least thirty (30) days prior to the date on which such payments are due and payable and (B) the expiration of the Policies, which amounts shall be transferred into an Account established at Deposit Bank to hold such funds Policies (the “Monthly Insurance AccountDeposit”). Amounts deposited from time to time into the Insurance Account pursuant to this Section 6.4.1 6.3.1 are referred to herein as the “Insurance Funds”. .” If at any time Lender Agent reasonably determines that the Insurance Funds will not be sufficient to pay the Insurance Premiums, assuming subsequent monthly deposits in accordance herewith, Lender Agent shall notify Borrower of such determination and the monthly deposits for Insurance Premiums shall be increased by the amount that Lender reasonably Agent estimates is sufficient to make up the deficiency at least thirty (30) days prior to expiration of the Policies. For Notwithstanding the avoidance forgoing, neither Borrower nor Security Guarantor shall be required to make the Monthly Insurance Deposit as set forth above provided (i) no Event of doubtDefault shall have occurred and be continuing, (ii) the liability and casualty Policies maintained by Borrower and/or Security Guarantor covering the Property are part of a blanket or umbrella policy approved by Agent in its reasonable discretion, pursuant to Section 5.1.1(c) hereof, including, without limitation, approval of the schedule of locations and values, (iii) Borrower provides Agent evidence of renewal of such Policy pursuant to Section 5.1.1(b) hereof, and (iv) Borrower and/or Security Guarantor provides Agent paid receipts for the payment of the Insurance Premiums by no later than ten (10) days prior to the extent that expiration dates of the Policies. Borrower and/or Security Guarantor shall promptly commence making all Monthly Insurance Deposits, as required by Agent pursuant to this Section 6.3.1, within five (5) days of receipt of notice from Agent of Borrower’s and/or Security Guarantor’s failure to comply with items (i), (ii), (iii) or (iv) above, which such notice shall instruct Borrower and/or Security Guarantor to promptly commence making all Monthly Insurance Deposits, including, without limitation, an Individual Property or Properties has been released from up-front payment as determined by Agent to cause the Lien under the Loan Documents in accordance Insurance Funds (together with the terms hereof, the funds required anticipated Monthly Insurance Deposits) to be deposited into sufficient to pay the Insurance Account by Borrower shall be appropriately reduced for the remainder of the Fiscal Year. The foregoing requirements are hereby waived with respect to any insurance maintained under a blanket Policy that satisfies the requirements set forth in Section 5.1.1(c)Premiums when due.

Appears in 1 contract

Samples: Loan Agreement (Playa Hotels & Resorts N.V.)

Deposits of Insurance Funds. (a) During the continuance of a Trigger Period or an Event of DefaultPeriod, Borrower shall shall, subject to Sections 6.11.2, 6.4.3, and 6.4.4 hereof, deposit with or Lender the following: (a) upon the commencement of such Trigger Period, an amount reasonably determined by Lender such that sufficient amounts shall be on behalf deposit in the Insurance Account (taking into account the payments required pursuant to clause (b) of Lender, this Section 6.4.1) to pay the next scheduled payment of Insurance Premiums and (b) on or before each Monthly Payment Date, an amount equal to one-twelfth (l/12th) of the Insurance Premiums that Lender reasonably estimates based on the most recent bxxx will be payable for the renewal of the coverage afforded by the Policies upon the expiration thereofthereof (taking into account the amounts on deposit pursuant to clause (a) of this Section 6.4.1), in order to accumulate sufficient funds to pay all such Insurance Premiums on or prior to the earlier of (A) at least thirty (30) days prior to the date on which such payments are due and payable and (B) the expiration of the Policies, which amounts shall be transferred into an Account established at Deposit Bank to hold such funds (the “Insurance Account”). Amounts deposited from time to time into the Insurance Account pursuant to this Section 6.4.1 are referred to herein as the “Insurance Funds”. If at any time Lender reasonably determines that the Insurance Funds will not be sufficient (taking into account the monthly deposits of Insurance Funds required to be made pursuant to clause (b) above) to pay the Insurance Premiums, assuming subsequent monthly deposits in accordance herewith, Lender shall notify Borrower of such determination and the succeeding monthly deposits for Insurance Premiums shall be increased by the amount that Lender reasonably estimates is sufficient to make up the deficiency at least thirty ten (3010) days prior to expiration of the Policies. For the avoidance of doubt, to the extent that an Individual Property or Properties has been released from the Lien under the Loan Documents in accordance with the terms hereof, the funds required to be deposited into the Insurance Account by Borrower shall be appropriately reduced for the remainder of the Fiscal Year. The foregoing requirements are hereby waived with respect to any insurance maintained under a blanket Policy that satisfies the requirements set forth in Section 5.1.1(c).

Appears in 1 contract

Samples: Loan Agreement (Urban Edge Properties)

Deposits of Insurance Funds. (a) During On the continuance of a Trigger Period or an Event of DefaultClosing Date, Borrower shall deposit with or Lender the amount of $0.00 and, there shall be deposited on behalf of Lender, on or before each Monthly Payment Date, Date an amount equal to one-twelfth of the Insurance Premiums that Lender reasonably estimates based on the most recent bxxx will be payable for the renewal of the coverage afforded by the Policies upon the expiration thereof, thereof in order to accumulate sufficient funds to pay all such Insurance Premiums on or prior to the earlier of (A) at least thirty (30) days prior to the date on which such payments are due and payable and (B) the expiration of the Policies, which amounts shall be transferred into an Account established at Deposit Bank to hold such funds Policies (the “Monthly Insurance AccountDeposit”). Amounts deposited from time to time into the Insurance Account pursuant to this Section 6.4.1 6.3.1 are referred to herein as the “Insurance Funds”. .” If at any time Lender reasonably determines that the Insurance Funds will not be sufficient to pay the Insurance Premiums, assuming subsequent monthly deposits in accordance herewith, Lender shall notify Borrower of such determination and the monthly deposits for Insurance Premiums shall be increased by the amount that Lender reasonably estimates is sufficient to make up the deficiency at least thirty (30) days prior to expiration of the Policies. For Notwithstanding the avoidance forgoing, Borrower shall not be required to make the Monthly Insurance Deposit as set forth above provided (i) no Event of doubtDefault shall have occurred and be continuing, (ii) the liability and casualty policies covering the Property are part of a blanket or umbrella policy approved by Lender in its reasonable discretion pursuant to Section 5.1.1(c) hereof, including, without limitation, approval of the schedule of locations and values, (iii) Borrower provides Lender evidence of renewal of such policy pursuant to Article V hereof, and (iv) Borrower provides Lender paid receipts for the payment of the Insurance Premiums by no later than ten (10) days prior to the extent that an Individual Property or Properties has been released from expiration dates of the Lien under the Loan Documents in accordance with the terms hereof, the funds required to be deposited into the Insurance Account by Policies. Borrower shall be appropriately reduced for immediately commence making all Monthly Insurance Deposits, as required by Lender pursuant to this Section 6.3, within five (5) days of receipt of notice from Lender of Borrower’s failure to comply with items (i), (ii), (iii) or (iv) above, which such notice shall instruct Borrower to immediately commence making the remainder of the Fiscal Year. The foregoing requirements are hereby waived with respect to any insurance maintained under a blanket Policy that satisfies the requirements set forth in Section 5.1.1(c)Monthly Insurance Deposits.

Appears in 1 contract

Samples: Assignment and Assumption Agreement (Supertel Hospitality Inc)

Deposits of Insurance Funds. (a) During the continuance of a Trigger Period or an Event of Default, Borrower shall deposit or cause to be deposited with or on behalf of LenderLender (a) on the Closing Date, the amount of $0.00 and (b) on or before each Monthly Payment Date, an amount equal to one-twelfth of the Insurance Premiums that Lender reasonably estimates based on the most recent bxxx will be payable for the renewal of the coverage afforded by the Policies upon the expiration thereof, thereof in order to accumulate sufficient funds to pay all such Insurance Premiums on or prior to the earlier of (A) at least thirty (30) days prior to the date on which such payments are due and payable and (B) the expiration of the Policies, which amounts shall be transferred by or at the direction of Lender into an Account established at Deposit Bank to hold such funds (the “Insurance Account”); provided, however, that if Lender receives evidence that the Properties are covered by a blanket insurance Policy acceptable to Lender in accordance with Section 5.1.1(c), then the Borrower shall not be required to deposit funds to the Insurance Account. Amounts deposited from time to time into the Insurance Account pursuant to this Section 6.4.1 are referred to herein as the “Insurance Funds”. If at any time time, Lender reasonably determines that the Insurance Funds will not be sufficient to pay the Insurance Premiums, assuming subsequent monthly deposits in accordance herewith, Lender shall notify Borrower of such determination and the monthly deposits for Insurance Premiums shall be increased by the amount that Lender reasonably estimates is sufficient to make up the deficiency at least thirty (30) days prior to expiration of the Policies. For ; provided that if Borrower receives notice of any deficiency after the avoidance of doubt, date that is thirty (30) days prior to the extent that an Individual Property or Properties has been released from the Lien under the Loan Documents in accordance with the terms hereof, the funds required to be deposited into the Insurance Account by Borrower shall be appropriately reduced for the remainder expiration of the Fiscal Year. The foregoing requirements are hereby waived Policies, Borrower will deposit with respect to any insurance maintained under a blanket Policy that satisfies the requirements set forth in Section 5.1.1(c)or on behalf of Lender, such amount within one (1) Business Day after its receipt of such notice.

Appears in 1 contract

Samples: Loan Agreement (Sun Communities Inc)

Deposits of Insurance Funds. (a) During On the continuance of a Trigger Period or an Event of DefaultClosing Date, Borrower shall deposit with or on behalf Administrative Agent the amount of Lender$174,227.13 and, thereafter, on or before each Monthly Payment Date, Borrower shall deposit on each Monthly Payment Date an amount equal to one-twelfth one‑twelfth of the Insurance Premiums that Lender reasonably Administrative Agent estimates based on the most recent bxxx will be payable for the renewal of the coverage afforded by the Policies upon the expiration thereof, thereof in order to accumulate sufficient funds to pay all such Insurance Premiums on or prior to the earlier of (A) at least thirty (30) days prior to the date on which such payments are due and payable and (B) the expiration of the Policies, which amounts shall be transferred into an Account established at Deposit Bank to hold such funds (the “Insurance Account”). Amounts deposited from time to time into the Insurance Account pursuant to this Section 6.4.1 6.3.1 are referred to herein as the “Insurance Funds”. .” The Account in which the Insurance Funds are held shall hereinafter be referred to as the “Insurance Reserve Account.” If at any time Lender time, Administrative Agent reasonably determines that the Insurance Funds will not be sufficient to pay the Insurance Premiums, assuming subsequent monthly deposits in accordance herewith, Lender Administrative Agent shall notify Borrower of such determination and the monthly deposits for Insurance Premiums shall be increased by the amount that Lender reasonably Administrative Agent estimates is sufficient to make up the deficiency at least thirty (30) days prior to expiration of the Policies. For In addition to the avoidance foregoing, if Borrower fails to renew the policy or policies required pursuant to Section 5.1 hereof by the date which is seven (7) days prior to the expiration thereof, Borrower agrees to notify Administrative Agent of doubtsuch failure, and to keep Administrative Agent reasonably apprised of all developments in connection therewith, and if, following such notice, Administrative Agent reasonably believes that Borrower will be unable to bind the policy or policies described in Section 5.1 prior to the expiration thereof, then Administrative Agent shall have the right, without notice to Borrower, to take such action as Administrative Agent deems necessary to protect its interest in the extent that an Individual Property or Properties has been released from the Lien under the Loan Documents in accordance with the terms hereofProperty, including, without limitation, the funds required to obtaining of such insurance coverage as Administrative Agent in its reasonable discretion deems appropriate. All premiums incurred by Administrative Agent in connection with such action or in obtaining such insurance and keeping it in effect shall be deposited into the Insurance Account paid by Borrower to Administrative Agent upon demand and, until paid, shall be appropriately reduced for secured by the remainder of Mortgage and shall bear interest at the Fiscal Year. The foregoing requirements are hereby waived with respect to any insurance maintained under a blanket Policy that satisfies the requirements set forth in Section 5.1.1(c)Default Rate.

Appears in 1 contract

Samples: Senior Loan Agreement (KBS Strategic Opportunity REIT, Inc.)

Deposits of Insurance Funds. (a) During On the continuance of a Trigger Period or an Event of DefaultClosing Date, Borrower shall deposit with or Lender the amount of $0 and there shall be deposited on behalf of Lender, on or before each Monthly Payment Date, Date an amount equal to one-twelfth of the Insurance Premiums that Lender reasonably estimates based on the most recent bxxx will be payable for the renewal of the coverage afforded by the Policies upon the expiration thereof, thereof in order to accumulate sufficient funds to pay all such Insurance Premiums on or prior to the earlier of (A) at least thirty (30) days prior to the date on which such payments are due and payable and (B) the expiration of the Policies, which amounts shall be transferred into an Account established at Deposit Bank to hold such funds Policies (the "Monthly Insurance Account”Deposit"). Amounts deposited from time to time into the Insurance Account pursuant to this Section 6.4.1 6.3.1 are referred to herein as the "Insurance Funds”. ." If at any time Lender reasonably determines that the Insurance Funds will not be sufficient to pay the Insurance Premiums, assuming subsequent monthly deposits in accordance herewith, Lender shall notify Borrower of such determination and the monthly deposits for Insurance Premiums shall be increased by the amount that Lender reasonably estimates is sufficient to make up the deficiency at least thirty (30) days prior to expiration of the Policies. For Notwithstanding the avoidance forgoing, Borrower shall not be required to make the Monthly Insurance Deposit as set forth above provided (i) no Event of doubtDefault shall have occurred and be continuing, (ii) the liability and casualty Policies maintained by Borrower covering the Property are part of a blanket or umbrella policy approved by Lender in its reasonable discretion, pursuant to Section 5.1.1(c) hereof, including, without limitation, approval of the schedule of locations and values, (iii) Borrower provides Lender evidence of renewal of such Policy pursuant to Section 5 .1.1 (b) hereof, and (iv) Borrower provides Lender paid receipts for the payment of the Insurance Premiums by no later than ten (10) days prior to the extent that expiration dates of the Policies. Borrower shall immediately commence making all Monthly Insurance Deposits, as required by Lender pursuant to this Section 6.3.1, within five (5) days of receipt of notice from Lender of Borrower's failure to comply with items (i), (ii), (iii) or (iv) above, which such notice shall instruct Borrower to immediately commence making all Monthly Insurance Deposits, including, without limitation, an Individual Property or Properties has been released from up-front payment as determined by Lender to cause the Lien under the Loan Documents in accordance Insurance Funds (together with the terms hereof, the funds required anticipated Monthly Insurance Deposits) to be deposited into sufficient to pay the Insurance Account by Borrower shall be appropriately reduced for the remainder of the Fiscal YearPremiums when due. The foregoing requirements are hereby waived with respect to any insurance maintained under a blanket Policy that satisfies the requirements set forth in Section 5.1.1(c)6.3.2.

Appears in 1 contract

Samples: Loan Agreement (Pillarstone Capital Reit)

Deposits of Insurance Funds. (a) During On the continuance of a Trigger Period or an Event of DefaultClosing Date, Borrower shall deposit with or Agent the amount of and No/100 Dollars and, pursuant to the Cash Management Agreement, there shall be deposited on behalf of Lender, on or before each Monthly Payment Date, Date an amount equal to one-twelfth of the Insurance Premiums that Lender reasonably estimates based on the most recent bxxx will be payable for the renewal of the coverage afforded by the Policies upon the expiration thereof, thereof in order to accumulate sufficient funds to pay all such Insurance Premiums on or prior to the earlier of (A) at least thirty (30) days prior to the date on which such payments are due and payable and (B) the expiration of the Policies, which amounts shall be transferred into an Account established at Deposit Bank to hold such funds (the “Insurance Account”). Amounts deposited from time to time into the Insurance Account pursuant to this Section 6.4.1 6.3.1 are referred to herein as the “Insurance Funds”. .” If at any time Lender reasonably determines that the Insurance Funds will not be sufficient to pay the Insurance Premiums, assuming subsequent monthly deposits in accordance herewith, Lender shall notify Borrower of such determination and the monthly deposits for Insurance Premiums shall be increased by the amount that Lender reasonably estimates is sufficient to make up the deficiency at least thirty (30) days prior to expiration of the Policies. For Notwithstanding anything to the avoidance contrary contained herein, Borrower’s obligation to make deposits of doubtInsurance Funds required by this Section 6.3.1 shall be suspended during any time Borrower provides evidence, reasonably satisfactory to Lender, that Borrower is reserving for Insurance Premiums pursuant to and in accordance with the Hotel Management Agreement, no Event of Default shall have occurred and be continuing and Lender shall have received evidence of payment of the related Insurance Premiums in accordance with Section 5.1.1(b); provided, however, that the foregoing shall in no way relieve Borrower of its obligations to (a) deposit funds with Agent for Insurance Premiums to the extent that an Individual Property or Properties has been released from the Lien Borrower is not reserving for such Insurance Premiums under the Loan Documents in accordance with the terms hereof, the funds required Hotel Management agreement and (b) to be deposited into the Insurance Account by Borrower shall be appropriately reduced for the remainder maintain all of the Fiscal Year. The foregoing requirements are hereby waived with respect to any insurance maintained coverage required under a blanket Policy that satisfies the requirements set forth in Section 5.1.1(c5.1.1(a).

Appears in 1 contract

Samples: Loan Agreement (Ashford Hospitality Trust Inc)

Deposits of Insurance Funds. (a) During the continuance of a Trigger Period or an Event of DefaultSubject to Section 6.4.3, Borrower shall deposit or cause to be deposited with or on behalf of LenderLender (a) on the Closing Date, the amount of $0 Dollars and (b) on or before each Monthly Payment Date, an amount equal to one-twelfth of the Insurance Premiums that Lender reasonably estimates based on the most recent bxxx will be payable for the renewal of the coverage afforded by the Policies upon the expiration thereof, thereof in order to accumulate sufficient funds to pay all such Insurance Premiums on or prior to the earlier of (A) at least thirty (30) days prior to the date on which such payments are due and payable and (B) the expiration of the Policies, which amounts shall be transferred by or at the direction of Lender into an Account established at Deposit Bank to hold such funds (the “Insurance Account”). Amounts deposited from time to time into the Insurance Account pursuant to this Section 6.4.1 are referred to herein as the “Insurance Funds”. If at any time time, Lender reasonably determines that the Insurance Funds will not be sufficient to pay the Insurance Premiums, assuming subsequent monthly deposits in accordance herewith, Lender shall notify Borrower in writing of such determination and the monthly deposits for Insurance Premiums shall be increased by the amount that Lender reasonably estimates is sufficient to make up the deficiency at least thirty (30) days prior to expiration of the Policies. For ; provided that if Borrower receives written notice of any deficiency after the avoidance of doubt, date that is thirty (30) days prior to the extent that an Individual Property or Properties has been released from the Lien under the Loan Documents in accordance with the terms hereof, the funds required to be deposited into the Insurance Account by Borrower shall be appropriately reduced for the remainder expiration of the Fiscal Year. The foregoing requirements are hereby waived Policies, Borrower will deposit with respect to any insurance maintained under a blanket Policy that satisfies the requirements set forth in Section 5.1.1(c)or on behalf of Lender, such amount within two (2) Business Days after its receipt of such notice.

Appears in 1 contract

Samples: Loan Agreement (American Realty Capital New York City REIT, Inc.)

Deposits of Insurance Funds. Pursuant to the Cash Management Agreement, upon the occurrence of (a) During a Trigger Event and during the continuance of a Trigger Period or (b) an Event of DefaultDefault and during the continuance thereof, Borrower there shall deposit be deposited with or Agent on behalf of Lender, on or before each Monthly Payment Date, Date an amount equal to one-twelfth of the Insurance Premiums that Lender reasonably estimates based on the most recent bxxx will be payable for the renewal of the coverage afforded by the Policies upon the expiration thereof, thereof in order to accumulate sufficient funds to pay all such Insurance Premiums on or prior to the earlier of (A) at least thirty (30) days prior to the date on which such payments are due and payable and (B) the expiration of the Policies, which amounts shall be transferred into an Account established at Deposit Bank to hold such funds (the “Insurance Account”). Amounts deposited from time to time into the Insurance Account pursuant to this Section 6.4.1 6.3.1 are referred to herein as the “Insurance Funds”. If at any time Lender reasonably determines that the Insurance Funds will not be sufficient to pay the Insurance insurance Premiums, assuming subsequent monthly deposits in accordance herewith, Lender shall notify Borrower of such determination and the monthly deposits for Insurance Premiums shall be increased by the amount that Lender reasonably estimates is sufficient to make up the deficiency at least thirty (30) days prior to expiration of the Policies. For ; provided that if Borrower receives notice of any deficiency after the avoidance of doubt, date that is thirty (30) days prior to the extent that an Individual Property expiration date of the Policies, Borrower will deposit such amount within three (3) Business Days after its receipt of such notice. Notwithstanding the foregoing provisions of this Section 6.3.1, if insurance coverages required hereunder are effected under one or Properties has been released from the Lien under the Loan Documents more blanket insurance Policies in accordance with the terms hereof, the funds required to be deposited into the Insurance Account by Borrower shall be appropriately reduced for the remainder of the Fiscal Year. The foregoing requirements are hereby waived with respect to any insurance maintained under a blanket Policy that satisfies the requirements set forth in Section 5.1.1(c), Borrower shall not be required to make deposits under this Section 6.3.1, provided that Borrower delivers to Lender certificates of insurance evidencing such blanket insurance Policies, together with evidence reasonably satisfactory to Lender that the premiums for such blanket insurance Policies have been paid, and if such Policies are to expire within thirty (30) days, that the premiums with respect to such blanket Policies for the next succeeding period have been paid.

Appears in 1 contract

Samples: Loan Agreement (Americold Realty Trust)

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