Common use of Insurance Company Clause in Contracts

Insurance Company. All Policies required pursuant to Section 5.1.1: (a) shall be issued by companies licensed to do business in the state or commonwealth where the Properties are located, with a financial strength and claims paying ability rating of at least A:X from A.M. Best Company and “A” or better by S&P and the equivalent rating by at least one other Rating Agency; (b) shall, with respect to all property insurance policies, name Lender and its successors and/or assigns as their interest may appear as the lender and mortgagee; (c) shall, with respect to all property insurance policies and rental loss and/or business income interruption insurance policies, contain a Standard Mortgagee Clause and a Lender’s Loss Payable Endorsement, or their equivalents, naming Lender as the person to whom all payments made by such insurance company shall be paid; (d) shall, with respect to all liability policies, name Lender and its successors and/or assigns as an additional insured; (e) shall contain a waiver of subrogation against Lender; (f) shall contain such provisions as Lender deems reasonably necessary or desirable to protect its interest, including endorsements providing that none of any Borrower, Operating Lessee, Lender or any other party shall be a co-insurer under said Policies and that Lender shall receive at least thirty (30) days’ (or, in the case of cancellation for non-payment of any premium, ten (10) days’) prior written notice of any modification, reduction or cancellation; and (g) shall be satisfactory in form and substance to Lender and shall be approved by Lender as to amounts, form, risk coverage, deductibles, loss payees and insureds. Borrowers shall arrange for delivery of the following materials to Lender, c/o UBS Real Estate Investments Inc., 1285 Avenue of the Xxxxxxxx, 00xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention: Xxxxxx Xxxxxxxxx, Director: (i) on or before the date hereof, certificates of insurance in form and substance reasonably acceptable to Lender evidencing the coverage provided by the Policies, together with certified copies of the Policies or true and correct specimens of the Policies, (ii) not less than ten (10) days prior to the expiration of any Policy, a certificate of insurance in form and substance reasonably acceptable to Lender evidencing the renewal of such Policy and describing the coverage provided by such Policy, and (iii) within sixty (60) days after the effective date of any renewal Policies, certified copies of such Policies or true and correct specimens of such Policies. Borrowers shall pay the Insurance Premiums annually in advance as the same become due and payable and shall furnish to Lender evidence of the renewal of each of the Policies with receipts for the payment of the Insurance Premiums or other evidence of such payment reasonably satisfactory to Lender (provided, however, that Borrowers shall not be required to pay such Insurance Premiums nor furnish such evidence of payment to Lender in the event that the amounts required to pay such Insurance Premiums have been deposited into the Insurance Account pursuant to Section 6.4 hereof). In addition to the insurance coverages described in Section 5.1.1 above, Borrowers shall obtain such other insurance as may from time to time be reasonably required by Lender in order to protect its interests. Within thirty (30) days after request by Lender, Borrowers shall obtain such increases in the amounts of coverage required hereunder as may be reasonably requested by Lender, taking into consideration changes in the value of money over time, changes in liability laws, changes in prudent customs and practices, and the like.

Appears in 2 contracts

Samples: Loan Agreement (Ashford Hospitality Trust Inc), Loan Agreement (Ashford Hospitality Trust Inc)

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Insurance Company. All Policies required to be maintained by Borrower pursuant to Section 5.1.1: 5.1.1 (a) shall be issued by companies licensed authorized to do business in the state or commonwealth State where the Properties are Property is located, with a financial strength and claims paying ability rating of at least A:X from A.M. Best Company and or AA-” or better by S&P and the equivalent rating by at least one other Rating AgencyS&P; (b) shall, with respect to all property insurance policies, name Lender and its successors and/or assigns as their interest may appear as the lender Lender and mortgageeMortgagee; (c) shall, with respect to all property insurance policies and rental loss and/or business income interruption insurance policies, contain a Standard Mortgagee Clause and a Lender’s Loss Payable Endorsement, or their equivalents, naming Lender as the person to whom which all payments made by such insurance company shall be paid; (dc) shall, with respect to all liability policies, name Lender and its successors and/or assigns as an additional insured; (ed) shall contain a waiver of subrogation against Lender; (fe) shall contain such provisions as Lender deems reasonably necessary or desirable to protect its interest, interest including endorsements providing that none of any neither Borrower, Operating Lessee, Lender or nor any other party shall be a co-insurer under said Policies and that Lender shall receive at least thirty (30) days’ (or, in the case of cancellation for non-payment of any premium, ten (10) days’) days prior written notice of any modification, reduction or cancellation; cancellation and (gf) shall be satisfactory in form and substance to Lender and shall be approved by Lender as to amounts, form, risk coverage, deductibles, loss payees and insureds. Borrowers shall arrange for delivery Evidence of the following materials existence and effectiveness of the Policies shall be delivered to Lender, c/o UBS Real Estate Investments Inc.at 300 Xxxx Xxxxxx, 1285 Avenue of the Xxxxxxxx, 00xx 0xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention: Xxxxxx XxxxxxxxxPxxxxx XxXxxxxxx, Director: (i) on or before the date hereof, certificates of insurance in form and substance reasonably acceptable to Lender evidencing the coverage provided by the Policies, together hereof with certified copies of the Policies or true and correct specimens of the Policies, (ii) not less than ten (10) days prior respect to the expiration of any Policy, a certificate of insurance in form current Policies and substance reasonably acceptable to Lender evidencing the renewal of such Policy and describing the coverage provided by such Policy, and within thirty (iii) within sixty (6030) days after the effective date of any thereof with respect to all renewal Policies. Upon Lender’s request, certified Borrower shall deliver copies (certified, if available) of such the Policies or true and correct specimens of such Policies(redacted as necessary to remove information regarding other properties covered by blanket policies). Borrowers Borrower shall pay the Insurance Premiums annually in advance as the same become due and payable and shall furnish to Lender evidence of the renewal of each of the Policies with receipts for the payment of the Insurance Premiums or other evidence of such payment reasonably satisfactory to Lender (provided, however, that Borrowers Borrower shall not be required to pay such Insurance Premiums nor furnish such evidence of payment to Lender in the event that the amounts required to pay such Insurance Premiums have been deposited into the Insurance Account pursuant to Section 6.4 hereof). In addition to the insurance coverages described in Section 5.1.1 5.1.1) above, Borrowers Borrower shall obtain such other insurance as may from time to time be reasonably required by Lender in order to protect its interests. Within thirty (30) days after request by Lender, Borrowers Borrower shall obtain such increases in the amounts of coverage required hereunder as may be reasonably requested by Lender, taking into consideration changes in the value of money over time, changes in liability laws, changes in prudent customs and practices, and the like. Absent a change in circumstances relating to the Property, Lender agrees that all requests for changes in coverages will be provided to Borrower no later than ninety (90) days prior to the effective date thereof or the renewal thereof, as applicable.

Appears in 2 contracts

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

Insurance Company. All Policies required pursuant to Section 5.1.1: (ai) shall be issued by companies authorized or licensed to do business in the state or commonwealth where the Properties are Property is located, with a financial strength and claims paying ability rating of at least A:X from A.M. Best Company and AA-” or better by S&P and “A:X” or better by in the equivalent current Best’s Insurance Reports; provided, however for multi-layered policies, all carriers must have an “A:X” or better rating by in the current Best’s Insurance Reports, and (A) if four (4) or fewer insurance companies issue the Policies, then at least one other Rating Agency75% of the insurance coverage represented by the Policies must be provided by insurance companies with a rating of “A-” or better by S&P and “A2” or better by Mxxxx’x, to the extent Mxxxx’x rates the insurance companies, with no carrier below “BBB” with S&P and “Baa2” by Mxxxx’x, to the extent Mxxxx’x rates the insurance companies, or (B) if five (5) or more insurance companies issue the Policies, then at least sixty percent (60%) of the insurance coverage represented by the Policies must be provided by insurance companies with a rating of “A-” or better by S&P and “A2” or better by Mxxxx’x, to the extent Mxxxx’x rates the insurance companies, with no carrier below “BBB” with S&P and “Baa2” by Mxxxx’x, to the extent Mxxxx’x rates the insurance companies; (b) shall, with respect to all property insurance policies, name Lender and its successors and/or assigns as their interest may appear as the lender and mortgagee; (cii) shall, with respect to all property insurance policies and rental loss and/or business income interruption insurance policies, contain a Standard Mortgagee Clause and a Clause/Lender’s Loss Payable Endorsement, or their equivalents, naming Lender as the person to whom all payments made by such insurance company shall be paid; (d) shall, with respect to all liability policies, name Lender and its successors and/or assigns as an additional insured; (eiii) shall contain a waiver of subrogation against Lender; (fiv) shall contain such provisions as Lender deems reasonably necessary or desirable to protect its interest, interest including endorsements providing (A) that none of any neither Borrower, Operating Lessee, Lender or nor any other party shall be a co-insurer under said Policies and (B) in addition to complying with any other requirements expressly set forth in Section 5.1 for a deductible per loss of an amount not more than that Lender shall receive at least thirty (30) days’ (or, which is customarily maintained by prudent owners of properties with a standard of operation and maintenance comparable to and in the case general vicinity of cancellation for non-payment the Property, but in no event in excess of any premium, ten (10) days’) prior written notice of any modification, reduction or cancellationan amount reasonably acceptable to Lender; and (gv) shall be satisfactory in form and substance to Lender and shall be approved by Lender as to amounts, form, risk coverage, deductibles, loss payees and insureds. Borrowers In addition to the insurance coverages described in Section 5.1.1 above, Borrower shall arrange for delivery of the following materials obtain such other insurance as may from time to Lender, c/o UBS Real Estate Investments Inc., 1285 Avenue of the Xxxxxxxx, 00xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention: Xxxxxx Xxxxxxxxx, Director: (i) on or before the date hereof, certificates of insurance time be reasonably required by Lender in form and substance reasonably acceptable order to Lender evidencing the coverage provided by the Policies, together with certified protect its interests. Complete copies of the Policies shall be delivered to Lender at the address below (or true and correct specimens of to such other address or Person as Lender shall designate from time to time by notice to Borrower) on the Policies, (ii) not less than ten (10) days prior date hereof with respect to the expiration of any Policy, a certificate of insurance in form current Policies and substance reasonably acceptable to Lender evidencing the renewal of such Policy and describing the coverage provided by such Policy, and within thirty (iii) within sixty (6030) days after the effective date of any thereof with respect to all renewal Policies: DBR INVESTMENTS CO. LIMITED 60 Xxxx Xxxxxx, certified copies of such Policies or true and correct specimens of such Policies. Borrowers 00xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 Attn: Jxxxxx Xxxxxxx 77 Borrower shall pay the Insurance Premiums annually in advance as the same become due and payable and shall furnish to Lender evidence of the renewal of each of the Policies with receipts for the payment of the Insurance Premiums or other evidence of such payment reasonably satisfactory to Lender (provided, however, that Borrowers Borrower shall not be required to pay such Insurance Premiums nor furnish such evidence of payment to Lender in the event that the amounts required to pay such Insurance Premiums have been deposited into the Insurance Account pursuant to Section 6.4 hereof). In addition to the insurance coverages described in Section 5.1.1 above, Borrowers shall obtain such other insurance as may from time to time be reasonably required by Lender in order to protect its interests. Within thirty (30) days after request by Lender, Borrowers Borrower shall obtain such increases in the amounts of coverage required hereunder as may be reasonably requested by Lender, taking into consideration changes in the value of money over time, changes in liability laws, changes in prudent customs and practices, and the like.

Appears in 2 contracts

Samples: Loan Agreement (NOVONIX LTD), Loan Agreement (NOVONIX LTD)

Insurance Company. All Policies required pursuant to Section 5.1.1: (a5.1.1(i) shall be issued by companies licensed to do business in the state or commonwealth where the Properties are located, with (1) a financial strength and claims paying ability rating of at least A:X from A.M. Best Company and (x) “A” or better by S&P, (y) if rated by Mxxxx’x, “A2” or better by Mxxxx’x and (z) if rated by any Rating Agencies other than S&P or Mxxxx’x, equivalent ratings (to the ratings specified in the immediately preceding subclauses (x) and the equivalent rating (y)) by at least one all such other Rating AgencyAgencies and (2) a rating of A:X or better in the current Best’s Insurance Reports; (bii) shall, with respect to all property insurance policies, name Lender Agent (on behalf of Lenders) and its successors and/or assigns as their interest may appear as the lender Agent (on behalf of Lenders) and mortgageeMortgagee; (ciii) shall, with respect to all property insurance policies and rental loss and/or business income interruption insurance policies, contain a Standard Mortgagee Clause and a Lender’s Loss Payable Endorsement, or their equivalents, naming Lender Agent (on behalf of Lenders) as the person to whom all payments made by such insurance company shall be paid; (div) shall, with respect to all liability policies, name Lender Agent (on behalf of Lenders) and its successors and/or assigns as an additional insured; (ev) shall contain a waiver of subrogation against LenderAgent; (fvi) shall contain such provisions as Lender Agent deems reasonably necessary or desirable to protect its interest, interest including endorsements providing (A) that none of any neither Borrower, Operating LesseeAgent, Lender or nor any other party shall be a co-insurer under said Policies and Policies, (B) that Lender Agent shall receive at least thirty (30) days’ (or, in the case of cancellation for non-payment of any premium, ten (10) days’) days prior written notice of any modification, reduction or cancellation, and (C) for a deductible per loss of an amount not more than that which is customarily maintained by prudent owners of properties with a standard of operation and maintenance comparable to and in the general vicinity of such Property, but in no event in excess of an amount reasonably acceptable to Agent; and (gvii) shall be reasonably satisfactory in form and substance to Lender Agent and shall be reasonably approved by Lender Agent as to amounts, form, risk coverage, deductibles, loss payees and insureds. Borrowers Notwithstanding the foregoing, with respect to Affiliated FM Insurance Company, the rating for S&P may be satisfied with a “BBBpi” rating. No insurance policy required hereunder shall arrange include any so called “terrorist exclusion” or similar exclusion or exception to insurance coverage relating to the acts of terrorist groups or individuals; provided that, for delivery so long TRIPRA is in effect, Agent shall accept terrorism insurance with coverage against acts which are “certified” within the meaning of TRIPRA. In addition to the following materials insurance coverages described in Section 5.1.1 above, Borrower shall obtain such other insurance as may from time to Lender, c/o UBS Real Estate Investments Inc., 1285 Avenue of time be reasonably required by Agent in order to protect its interests and which covers risks that are commonly insured for properties similar to the Xxxxxxxx, 00xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention: Xxxxxx Xxxxxxxxx, Director: (i) on Properties located in or before around the date hereof, certificates of insurance region in form and substance reasonably acceptable to Lender evidencing which the coverage provided by the Policies, together with certified Properties are located. Certified copies of the Policies shall be delivered to Agent at the address below (or true and correct specimens of to such other address or Person as Agent shall designate from time to time by notice to Borrower) on the Policies, (ii) not less than ten (10) days prior date hereof with respect to the expiration of any Policy, a certificate of insurance in form current Policies and substance reasonably acceptable to Lender evidencing the renewal of such Policy and describing the coverage provided by such Policy, and within thirty (iii) within sixty (6030) days after the effective date of any thereof with respect to all renewal Policies: DEUTSCHE BANK AG, certified copies of such Policies or true and correct specimens of such Policies. Borrowers NEW YORK BRANCH, AS AGENT 60 Xxxx Xxxxxx, 00xx Xxxxx Xxx Xxxx, XX 00000 Attn: Kxxxx Xxxxxxxx Borrower shall pay the Insurance Premiums annually in advance as the same become due and payable and shall furnish to Lender Agent evidence of the renewal of each of the Policies with receipts for the payment of the Insurance Premiums or other evidence of such payment reasonably satisfactory to Lender Agent (provided, however, that Borrowers Borrower shall not be required to pay such Insurance Premiums nor or furnish such evidence of payment to Lender Agent in the event that the amounts required to pay such Insurance Premiums have been deposited into the Insurance Account pursuant to Section 6.4 hereof). In addition to the insurance coverages described in Section 5.1.1 above, Borrowers shall obtain such other insurance as may from time to time be reasonably required by Lender in order to protect its interests. Within thirty (30) days after request by LenderAgent, Borrowers Borrower shall obtain such increases in the amounts of coverage required hereunder as may be reasonably requested by LenderAgent, taking into consideration changes in the value of money over time, changes in liability laws, and changes in prudent customs and practices, and the like.

Appears in 2 contracts

Samples: Loan Agreement (Clipper Realty Inc.), Loan Agreement (Clipper Realty Inc.)

Insurance Company. All The Policies required pursuant to Section 5.1.1: (a) shall be issued by financially sound and responsible insurance companies licensed permitted to do business in the state State in which each Individual Property is located. For so long as six (6) or commonwealth where more insurance carriers are providing the Properties are locatedPolicies, with at least sixty percent (60%) of such coverage shall be provided by insurance companies having a financial strength and claims paying ability rating of at least A:X from A.M. Best Company and AA-” or better by S&P and with the equivalent remaining forty percent (40%) of such coverage being provided by insurance companies having a claims paying ability rating of “BBB-” or better by at least one other Rating AgencyS&P; (b) shallprovided, however, with respect to all property the first One Hundred Million and No/l00 Dollars ($100,000,000.00) of coverage under such Policies, not more than twenty percent (20%) of such coverage shall be provided by insurance policiescompanies with a claims paying ability rating lower than “A-” by S&P (but in no event lower than “BBB-” by S&P). In the event that five (5) or fewer insurance earners are providing the Policies, name Lender each insurance company providing such coverage shall have with a claims paying ability rating of “A-” or better by S&P. If a Securitization occurs, (i) the foregoing required insurance company rating by a Rating Agency not rating any Securities shall be disregarded and its successors and/or assigns as their interest may appear as (ii) if the lender insurance company complies with the aforesaid S&P required rating (and mortgagee; (cS&P is rating the Securities) shalland the other Rating Agencies rating the Securities do not rate the insurance company, with respect to all property insurance policies and rental loss and/or business income interruption insurance policies, contain a Standard Mortgagee Clause and a Lender’s Loss Payable Endorsement, or their equivalents, naming Lender as the person to whom all payments made by such insurance company shall be paid; (d) shall, deemed acceptable with respect to all liability policiessuch Rating Agency not rating such insurance company. Notwithstanding the foregoing, name Lender and its successors and/or assigns as an additional insured; (e) shall contain a waiver of subrogation against Lender; (f) shall contain such provisions as Lender deems reasonably necessary or desirable to protect its interest, including endorsements providing that none of any Borrower, Operating Lessee, Lender or any other party Borrower shall be a co-insurer under said Policies and that Lender shall receive at least thirty (30) days’ (or, in the case of cancellation for non-payment of any premium, ten (10) days’) prior written notice of any modification, reduction or cancellation; and (g) shall be satisfactory in form and substance permitted to Lender and shall be approved by Lender as to amounts, form, risk coverage, deductibles, loss payees and insureds. Borrowers shall arrange for delivery of the following materials to Lender, c/o UBS Real Estate Investments Inc., 1285 Avenue of the Xxxxxxxx, 00xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention: Xxxxxx Xxxxxxxxx, Director: (i) on or before the date hereof, certificates of insurance in form and substance reasonably acceptable to Lender evidencing the coverage provided by the Policies, together with certified copies of the Policies or true and correct specimens of the Policies, (ii) not less than ten (10) days prior to the expiration of any Policy, a certificate of insurance in form and substance reasonably acceptable to Lender evidencing the renewal of such Policy and describing the coverage provided by such Policy, and (iii) within sixty (60) days after the effective date of any renewal Policies, certified copies of such Policies or true and correct specimens of such Policies. Borrowers shall pay the Insurance Premiums annually in advance as the same become due and payable and shall furnish to Lender evidence of the renewal of each of maintain the Policies with receipts for insurance companies which do not meet the payment of foregoing requirements (an “Otherwise Rated Insurer”), provided Borrower obtains a “cut-through” endorsement (that is an endorsement which permits recovery against the Insurance Premiums or other evidence provider of such payment reasonably satisfactory endorsement) with respect to Lender any Otherwise Rated Insurer from an insurance company which meets the claims paying ability ratings required above. Moreover, if Borrower desires to maintain insurance required hereunder from an insurance company which does not meet the claims paying ability ratings set forth herein but the parent of such insurance company, which owns at least fifty-one percent (provided51%) of such insurance company, howevermaintains such ratings, that Borrowers shall not Borrower may use such insurance companies if approved by the Rating Agencies (such approval may be conditioned on items required to pay such Insurance Premiums nor furnish such evidence of payment to Lender in by the event Rating Agencies including a requirement that the amounts required to pay parent guarantee the obligations of such Insurance Premiums have been deposited into the Insurance Account pursuant to Section 6.4 hereofinsurance company). In addition to the insurance coverages described in Section 5.1.1 above, Borrowers shall obtain such other insurance as may from time to time be reasonably required by Lender in order to protect its interests. Within thirty (30) days after request by Lender, Borrowers shall obtain such increases in the amounts of coverage required hereunder as may be reasonably requested by Lender, taking into consideration changes in the value of money over time, changes in liability laws, changes in prudent customs and practices, and the like.

Appears in 1 contract

Samples: Loan Agreement (Americold Realty Trust)

Insurance Company. All The Policies required pursuant to Section 5.1.1: (a) shall be issued by financially sound and responsible insurance companies licensed authorized to do business in the state or commonwealth where the Properties are located, with State and having a financial strength and claims paying ability rating of at least (1) “A:X from A.M. Best Company :X” or better in the current Best’s Insurance Reports and (2) a claims paying ability rating of “A” or better by S&P and “A2” or better by Xxxxx’x, to the equivalent rating by at least one other Rating Agency; extent Xxxxx’x rates the Securities and rates the applicable insurance company, (b) shallprovided, with respect to all property insurance however for multi-layered policies, name Lender and its successors and/or assigns as their interest may appear as the lender and mortgagee; (cA) shall, with respect to all property if four (4) or fewer insurance policies and rental loss and/or business income interruption insurance policies, contain a Standard Mortgagee Clause and a Lender’s Loss Payable Endorsement, or their equivalents, naming Lender as the person to whom all payments made by such insurance company shall be paid; (d) shall, with respect to all liability policies, name Lender and its successors and/or assigns as an additional insured; (e) shall contain a waiver of subrogation against Lender; (f) shall contain such provisions as Lender deems reasonably necessary or desirable to protect its interest, including endorsements providing that none of any Borrower, Operating Lessee, Lender or any other party shall be a co-insurer under said Policies and that Lender shall receive at least thirty (30) days’ (or, in the case of cancellation for non-payment of any premium, ten (10) days’) prior written notice of any modification, reduction or cancellation; and (g) shall be satisfactory in form and substance to Lender and shall be approved by Lender as to amounts, form, risk coverage, deductibles, loss payees and insureds. Borrowers shall arrange for delivery of the following materials to Lender, c/o UBS Real Estate Investments Inc., 1285 Avenue of the Xxxxxxxx, 00xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention: Xxxxxx Xxxxxxxxx, Director: (i) on or before the date hereof, certificates of insurance in form and substance reasonably acceptable to Lender evidencing the coverage provided by companies issue the Policies, together with certified copies then at least 75% of the insurance coverage represented by the Policies must be provided by insurance companies with a rating of “A” or true better by S&P and correct specimens of “A2” or better by Xxxxx’x, to the extent Xxxxx’x rates the Securities and rates the applicable insurance company, with no carrier below “BBB” by S&P and “Baa2” or better by Xxxxx’x, to the extent Xxxxx’x rates the Securities and rates the applicable insurance company, or (B) if five (5) or more insurance companies issue the Policies, then at least sixty percent (ii60%) not less than ten (10) days prior of the insurance coverage represented by the Policies must be provided by insurance companies with a rating of “A” or better by S&P and “A2” or better by Xxxxx’x, to the expiration of any Policyextent Xxxxx’x rates the Securities and rates the applicable insurance company, a certificate of insurance in form with no carrier below “BBB” by S&P and substance reasonably acceptable to Lender evidencing the renewal of such Policy and describing the coverage provided “Baa2” or better by such PolicyXxxxx’x, and (iii) within sixty (60) days after the effective date of any renewal Policies, certified copies of such Policies or true and correct specimens of such Policies. Borrowers shall pay the Insurance Premiums annually in advance as the same become due and payable and shall furnish to Lender evidence of the renewal of each of the Policies with receipts for the payment of the Insurance Premiums or other evidence of such payment reasonably satisfactory to Lender (provided, however, that Borrowers shall not be required to pay such Insurance Premiums nor furnish such evidence of payment to Lender in the event that the amounts required to pay such Insurance Premiums have been deposited into the Insurance Account pursuant to Section 6.4 hereof). In addition to the extent Xxxxx’x rates the Securities and rates the applicable insurance coverages described in Section 5.1.1 above, Borrowers company (each such insurer shall obtain such other insurance be referred to below as may from time to time be reasonably required by Lender in order to protect its interests. Within thirty (30) days after request by Lender, Borrowers shall obtain such increases in the amounts of coverage required hereunder as may be reasonably requested by Lender, taking into consideration changes in the value of money over time, changes in liability laws, changes in prudent customs and practices, and the likea “Qualified Insurer”).

Appears in 1 contract

Samples: Loan Agreement (Hersha Hospitality Trust)

Insurance Company. All The Policies required pursuant to Section 5.1.1: (a) shall be issued by financially sound and responsible insurance companies licensed authorized to do business in the state or commonwealth where in which the Properties are located, with Property is located and having a financial strength and claims paying ability rating with the issuing companies and or within the reinsurance companies/organizations that reinsure 100% of the risks of the issuing companies, of “AA” or better by S&P and Fitch and an insurance financial strength rating of “Aa2” by Moody’s (provided, however, (A) if more than one (1) but less than five (5) insurance companies issue the Policies required hereunder, then at least A:X from A.M. Best Company seventy-five percent (75%) of the applicable insurance coverages represented by the Policies required hereunder must be provided by insurance companies having a credit rating of “AA” or better by S&P (or the equivalent rating by Mxxxx and Fitch) and the balance of the applicable insurance coverages represented by the Policies required hereunder must be provided by insurance companies having a credit rating of “A” or better by S&P and (or the equivalent rating by Mxxxx and Fitch), or (B) if five (5) or more insurance companies issue the Policies required hereunder, then at least one other seventy percent (70%) of the applicable insurance coverages required hereunder must be provided by insurance companies having a credit rating of “A-” or better by S&P (or the equivalent rating by Mxxxx and Fitch) and at least 95% of the total of the applicable insurance coverages required hereunder must be provided by insurance companies having a credit rating of “BBB” or better by S&P (or the equivalent rating by Mxxxx and Fitch); provided, further, however that in no event shall any insurance company providing primary insurance coverage hereunder have a credit rating of less than “AA” by S&P (or the equivalent rating by Mxxxx and Fitch)). If a Securitization occurs, the foregoing required insurance company rating by a Rating Agency not rating any Securities shall be disregarded. If a Securitization occurs and S&P is not a Rating Agency; (b) shall, with respect to all property insurance policies, name Lender and its successors and/or assigns as their interest may appear as the lender and mortgagee; (c) shall, with respect to all property insurance policies and rental loss and/or business income interruption insurance policies, contain a Standard Mortgagee Clause and a Lender’s Loss Payable Endorsement, or their equivalents, naming Lender as the person to whom all payments made by such insurance company shall be paid; (d) shall, with respect to all liability policies, name Lender and its successors and/or assigns as an additional insured; (e) shall contain a waiver of subrogation against Lender; (f) shall contain such provisions as Lender deems reasonably necessary or desirable to protect its interest, including endorsements providing that none of any Borrower, Operating Lessee, Lender or any other party shall be a co-insurer under said Policies and that Lender shall receive at least thirty (30) days’ (or, in the case of cancellation for non-payment of any premium, ten (10) days’) prior written notice of any modification, reduction or cancellation; and (g) shall be satisfactory in form and substance to Lender and shall be approved by Lender as to amounts, form, risk coverage, deductibles, loss payees and insureds. Borrowers shall arrange for delivery of the following materials to Lender, c/o UBS Real Estate Investments Inc., 1285 Avenue of the Xxxxxxxx, 00xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention: Xxxxxx Xxxxxxxxx, Director: (i) on or before the date hereof, certificates of insurance in form and substance reasonably acceptable to Lender evidencing the coverage provided by the Policies, together with certified copies of the Policies or true and correct specimens of the Policies, (ii) not less than ten (10) days prior to the expiration of any Policy, a certificate of insurance in form and substance reasonably acceptable to Lender evidencing the renewal of such Policy and describing the coverage provided by such Policy, and (iii) within sixty (60) days after the effective date of any renewal Policies, certified copies of such Policies or true and correct specimens of such Policies. Borrowers shall pay the Insurance Premiums annually in advance as the same become due and payable and shall furnish to Lender evidence of the renewal of each of the Policies with receipts for insurance companies shall have the payment of the Insurance Premiums or other evidence of such payment reasonably satisfactory to Lender (ratings from Fitch and Mxxxx’x as provided above; provided, however, that Borrowers if Fitch or Moody’s shall not provide a rating for an insurance company, then an A.M. Best rating of A(X) shall be substituted for an S&P rating of “A-” or better and an A.M. Best rating of A-VIII for each of the other foregoing rating requirements of S&P, Fitch or Moody’s, as applicable. Notwithstanding the foregoing, Borrower shall be permitted to maintain the Policies required hereunder with insurance companies which do not meet the foregoing requirements (an “Otherwise Rated Insurer”), provided Borrower obtains a “cut-through” endorsement (that is, an endorsement which permits recovery against the provider of such endorsement) with respect to pay any Otherwise Rated Insurer from an insurance company which meets the claims paying ability ratings required above. Moreover, if Borrower desires to maintain insurance required hereunder from an insurance company which does not meet the claims paying ability ratings set forth herein but the parent of such Insurance Premiums nor furnish insurance company, which owns at least fifty-one percent (51%) of such evidence of payment to Lender in insurance company, maintains such ratings, Borrower may use such insurance companies if approved by the event Rating Agencies (such approval may be conditioned on items required by the Rating Agencies including a requirement that the amounts required to pay parent guarantee the obligations of such Insurance Premiums have been deposited into the Insurance Account pursuant to Section 6.4 hereofinsurance company). In addition to the insurance coverages described in Section 5.1.1 above, Borrowers shall obtain such other insurance as may from time to time be reasonably required by Lender in order to protect its interests. Within thirty (30) days after request by Lender, Borrowers shall obtain such increases in the amounts of coverage required hereunder as may be reasonably requested by Lender, taking into consideration changes in the value of money over time, changes in liability laws, changes in prudent customs and practices, and the like.

Appears in 1 contract

Samples: Loan Agreement (Brookfield DTLA Fund Office Trust Investor Inc.)

Insurance Company. All Policies required pursuant to Section 5.1.1: 5.1.1 (ai) shall be issued by companies licensed approved to do business in the state or commonwealth states where the Properties are located, with (1) a financial strength and claims paying ability rating of at least A:X from A.M. Best Company and (x) “A” or better by S&P and (y) “A2” or better by Mxxxx’x, to the equivalent rating by extent Mxxxx’x rates the Securities and rates the applicable insurer (provided, however for multi-layered policies, (A) if four (4) or fewer insurance companies issue the Policies, then at least one other Rating Agencyseventy-five percent (75%) of the insurance coverage represented by the Policies must be provided by insurance companies with a rating of “A” or better by S&P and “A2” or better by Mxxxx’x, to the extent Mxxxx’x rates the Securities and rates the applicable insurer, with no remaining carrier below “BBB” by S&P and “Baa2” or better by Mxxxx’x, to the extent Mxxxx’x rates the Securities and rates the applicable insurer, or (B) if five (5) or more insurance companies issue the Policies, then at least sixty percent (60%) of the insurance coverage represented by the Policies must be provided by insurance companies with a rating of “A” or better by S&P and “A2” or better by Mxxxx’x, to the extent Mxxxx’x rates the Securities and rates the applicable insurer, with no remaining carrier below “BBB” and “Baa2” or better by Mxxxx’x, to the extent Mxxxx’x rates the Securities and rates the applicable insurer, and (2) a rating of A:X or better by A.M. Best (notwithstanding the foregoing, Lender accepts Starr Surplus Lines insurance Company, rated A XV with AM Best, provided that (1) the rating of Starr Surplus Lines insurance Company is not withdrawn or downgraded below the date hereof and (2) at renewal of the current policy term, Borrower shall replace Starr Surplus Lines insurance Company with an insurance company meeting the rating requirements set forth hereinabove); (b) shall, with respect to all property insurance policies, name Lender and its successors and/or assigns as their interest may appear as the lender and mortgagee; (cii) shall, with respect to all property insurance policies and rental loss and/or business income interruption insurance policies, contain a Standard Mortgagee Clause and a Clause/Lender’s Loss Payable Endorsement, or their equivalents, naming Lender as the person to whom all payments made by such insurance company shall be paid; (d) shall, with respect to all liability policies, name Lender and its successors and/or assigns as an additional insured; (eiii) shall contain a waiver of subrogation against Lender; (fiv) shall contain such provisions as Lender deems reasonably necessary or desirable to protect its interest, interest including endorsements providing (A) that none of any neither Borrower, Operating Lessee, Lender or nor any other party shall be a co-insurer under said Policies Policies, and (B) in addition to complying with any other requirements expressly set forth in Section 5.1, for a deductible per loss acceptable to Lender but in no event in an amount greater than that Lender shall receive at least thirty (30) days’ (or, which is customarily maintained by prudent owners of properties with a standard of operation and maintenance comparable to and in the case general vicinity of cancellation the Properties and as is generally allowed by prudent institutional commercial mortgage lenders originating comparable mortgage loans for non-payment of any premium, ten (10) days’) prior written notice of any modification, reduction or cancellationsecuritization; and (gv) shall be satisfactory in form and substance to Lender and shall be approved by Lender as to amounts, form, risk coverage, deductibles, loss payees and insureds. Borrowers In addition to the insurance coverages described in Section 5.1.1 above, Borrower shall arrange for delivery of the following materials obtain such other insurance as may from time to Lender, c/o UBS Real Estate Investments Inc., 1285 Avenue of the Xxxxxxxx, 00xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention: Xxxxxx Xxxxxxxxx, Director: (i) on or before the date hereof, certificates of insurance time be required by Lender in form and substance reasonably acceptable order to Lender evidencing the coverage provided by the Policies, together with certified protect its interests. Complete copies of the Policies shall be delivered to Lender at the address below (or true and correct specimens of to such other address or Person as Lender shall designate from time to time by notice to Borrower) on the Policies, (ii) not less than ten (10) days prior date hereof with respect to the expiration of any Policy, a certificate of insurance in form current Policies and substance reasonably acceptable to Lender evidencing the renewal of such Policy and describing the coverage provided by such Policy, and within thirty (iii) within sixty (6030) days after the effective date of any thereof with respect to all renewal Policies: German American Capital Corporation 60 Xxxx Xxxxxx, certified copies of such Policies or true and correct specimens of such Policies. Borrowers 00xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Kxxxx Xxxxxxxx Borrower shall pay the Insurance Premiums annually in advance as the same become due and payable and shall furnish to Lender evidence of the renewal of each of the Policies with receipts for the payment of the Insurance Premiums or other evidence of such payment reasonably satisfactory to Lender (provided, however, that Borrowers Borrower shall not be required to pay such Insurance Premiums nor furnish such evidence of payment to Lender in the event that the amounts required to pay such Insurance Premiums have been deposited into the Insurance Account pursuant to Section 6.4 hereof). In addition to the insurance coverages described in Section 5.1.1 above, Borrowers shall obtain such other insurance as may from time to time be reasonably required by Lender in order to protect its interests. Within thirty (30) days after request by Lender, Borrowers Borrower shall obtain such increases in the amounts of coverage required hereunder as may be reasonably requested by Lender, taking into consideration changes in the value of money over time, changes in liability laws, changes in prudent customs and practices, and the like.

Appears in 1 contract

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

Insurance Company. All Policies required pursuant to Section 5.1.1: 5.1.1(a) (a) shall be issued by companies licensed authorized to do business in the state or commonwealth where the Properties are located, State with a financial strength and claims paying ability rating of at least A:X from A.M. Best Company and “A” or better by S&P; provided, however, if the insurance is provided with multiple insurers, no less than 75% will maintain the rating of A or better by S&P and (or its equivalent) with the equivalent rating remaining insurers maintaining no less than BBB+ by at least one other Rating AgencyS&P (or its equivalent); (b) shall, with respect to all property insurance policiesthe property, name Lender and its successors and/or assigns as their interest may appear as the lender and mortgagee; (c) shall, with respect to all property insurance policies and rental loss and/or business income interruption insurance policiesinterruption, contain a Standard Mortgagee Clause commercial general liability and a Lender’s Loss Payable Endorsementumbrella Policies, or their equivalents, naming Lender as the person to whom all payments made by such insurance company shall be paid; (d) shall, with respect to all liability policies, name Lender and its successors and/or assigns as an additional insured; (e) shall contain a waiver of subrogation against Lender; (fc) shall contain such provisions as Lender deems reasonably necessary or desirable to protect its interest, interest including endorsements providing that none of any neither Borrower, Operating Lessee, Lender or nor any other party shall be a co-insurer under said Policies and that Lender shall receive at least thirty (30) days’ (or, in the case of cancellation for non-payment of any premium, ten (10) days’) prior written notice of any modification, reduction or cancellationPolicies; and (gd) shall be satisfactory in form and substance to Lender and shall be approved by Lender as to amounts, form, risk coverage, deductibles, loss payees and insureds, such approval not to be unreasonably withheld or delayed. Borrowers shall arrange for delivery If requested by Lender, certified copies of the following materials Policies shall be delivered to Lender, c/o UBS Real Estate Investments Inc.at 300 Xxxx Xxxxxx, 1285 Avenue of the Xxxxxxxx, 00xx 0xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention: Xxxxxx XxxxxxxxxPxxxxx XxXxxxxxx, Director: (i) on or before the date hereof, certificates of insurance in form and substance reasonably acceptable with respect to Lender evidencing the coverage provided by the all renewal Policies, together with certified copies of the Policies or true and correct specimens of the Policies, within thirty (ii) not less than ten (10) days prior to the expiration of any Policy, a certificate of insurance in form and substance reasonably acceptable to Lender evidencing the renewal of such Policy and describing the coverage provided by such Policy, and (iii) within sixty (6030) days after the effective date thereof; provided, however, that if certified copies of any renewal Policiesthe current Policies are not available on the date of request, Borrower shall deliver to Lender documentation acceptable to Lender evidencing such Policies within five (5) days and shall deliver to Lender certified copies of such Policies or true and correct specimens of within ten (10) days after such PoliciesPolicies are available. Borrowers Borrower shall pay the Insurance Premiums annually in advance as the same become due and payable and shall furnish to Lender evidence of the renewal of each of the Policies with receipts for the payment of the Insurance Premiums or other evidence of such payment reasonably satisfactory to Lender (provided, however, that Borrowers Borrower shall not be required to pay such Insurance Premiums nor furnish such evidence of payment to Lender in the event that the amounts required to pay such Insurance Premiums have been deposited into the Insurance Account pursuant to Section 6.4 hereof). In addition to the insurance coverages described in Section 5.1.1 5.1.1(a) above, Borrowers Borrower shall obtain such other insurance as may from time to time be reasonably required by Lender in order to protect its interests. Within thirty (30) days after request by Lender, Borrowers Borrower shall obtain such increases in the amounts of coverage required hereunder as may be reasonably requested by Lender, taking into consideration changes in the value of money over time, changes in liability laws, changes in prudent customs and practices, and the like.

Appears in 1 contract

Samples: Lease Agreement (American Realty Capital Hospitality Trust, Inc.)

Insurance Company. All Subject to the provisions of Section 5.1.1(i) above, unless otherwise expressly agreed by Lender in writing, all Policies required pursuant to Section 5.1.1: 5.1.1 (ai) shall be issued by companies licensed to do business in the state or commonwealth where the Properties are Property is located, with a financial strength and claims paying ability rating of at least A:X from A.M. Best Company and AA-” or better by S&P and the equivalent rating by at least one other Rating AgencyS&P; (bii) shall, EAST\87098743.3 with respect to all property insurance policies, name Lender and its successors and/or assigns as their interest may appear as the lender Lender and mortgageeMortgagee; (ciii) shall, with respect to all property insurance policies and rental loss and/or business income interruption insurance policies, contain a Standard Mortgagee Clause and a Lender’s Loss Payable Endorsement, or their equivalents, naming Lender as the person to whom which all payments made by such insurance company shall be paid; (div) shall, with respect to all liability policies, name Lender and its successors and/or assigns as an additional insured; (ev) shall contain a waiver of subrogation against Lender; (fvi) shall contain such provisions as Lender deems reasonably necessary or desirable to protect its interest, interest including endorsements providing that none of any neither Borrower, Operating Lessee, Lender or nor any other party shall be a co-insurer under said Policies and that Lender shall receive at least thirty (30) days’ (or, in the case of cancellation for non-payment of any premium, ten (10) days’) days prior written notice of any modification, reduction or cancellation, except ten (10) days’ notice for non-payment of Insurance Premiums; and (gvii) shall be reasonably satisfactory in form and substance to Lender and shall be approved by Lender as to amounts, form, risk coverage, deductibles, loss payees and insureds. Borrowers Certificates of insurance and evidence of property insurance with respect to all Policies shall arrange for delivery of the following materials be delivered to Lender, c/o UBS Real Estate Investments Inc.at 000 Xxxx Xxxxxx, 1285 Avenue of the Xxxxxxxx, 00xx Xxxxx0xx xxxxx, Xxx Xxxx, Xxx Xxxx 00000Xxxx, 00000 Attention: Xxxxxx XxxxxxxxxXxXxxxxxx, Director: (i) on or before the date hereof, certificates of insurance in form hereof with respect to the current Policies and substance reasonably acceptable to Lender evidencing the coverage provided by the Policies, together with certified copies of the Policies or true and correct specimens of the Policies, (ii) not less than ten (10) days prior to the expiration of any Policy, a certificate of insurance in form and substance reasonably acceptable effective date thereof with respect to all renewal Policies. Borrowers must provide to Lender evidencing the renewal of such Policy full and describing the coverage provided by such Policy, and (iii) within sixty (60) days after the effective date of any renewal Policies, certified complete copies of such Policies or true and correct specimens of such Policiesthe policies upon request. Borrowers shall pay the Insurance Premiums annually in advance as the same become due and payable and shall furnish to Lender evidence of the renewal of each of the Policies with receipts for the payment of the Insurance Premiums or other evidence of such payment reasonably satisfactory to Lender (provided, however, that Borrowers shall not be required to pay such Insurance Premiums nor furnish such evidence of payment to Lender in the event that the amounts required to pay such Insurance Premiums have been deposited into the Insurance Account pursuant to Section 6.4 6.3 hereof). In addition to the insurance coverages described in Section 5.1.1 5.1.1) above, Borrowers Borrower shall obtain such other insurance as may from time to time be reasonably required by Lender in order to protect its interests, subject to the provisions of Section 5.1.1(i). Within thirty (30) days after request by Lender, Borrowers shall obtain such increases in the amounts of coverage required hereunder as may be reasonably requested by Lender, taking into consideration changes in the value of money over time, changes in liability laws, changes in prudent customs and practices, and the like, subject to the provisions of Section 5.1.1(i).

Appears in 1 contract

Samples: Loan Agreement (Cole Credit Property Trust V, Inc.)

Insurance Company. All Policies required pursuant to Section 5.1.1: 5.1.1 (ai) shall be issued by companies licensed approved to do business in the state or commonwealth states where the Properties are located, with (1) a financial strength and claims paying ability rating of at least A:X from A.M. Best Company and (x) “A” or better by S&P and (y) “A2” or better by Moody’s, to the equivalent rating by extent Moody’s rates the Securities and rates the applicable insurer (provided, however for multi-layered policies, (A) if four (4) or fewer insurance companies issue the Policies, then at least one other Rating Agencyseventy-five percent (75%) of the insurance coverage represented by the Policies must be provided by insurance companies with a rating of “A” or better by S&P and “A2” or better by Moody’s, to the extent Moody’s rates the Securities and rates the applicable insurer, with no remaining carrier below “BBB” by S&P and “Baa2” or better by Moody’s, to the extent Moody’s rates the Securities and rates the applicable insurer, or (B) if five (5) or more insurance companies issue the Policies, then at least sixty percent (60%) of the insurance coverage represented by the Policies must be provided by insurance companies with a rating of “A” or better by S&P and “A2” or better by Moody’s, to the extent Moody’s rates the Securities and rates the applicable insurer, with no remaining carrier below “BBB” and “Baa2” or better by Moody’s, to the extent Moody’s rates the Securities and rates the applicable insurer, and (2) a rating of A:X or better by A.M. Best; (b) shall, with respect to all property insurance policies, name Lender and its successors and/or assigns as their interest may appear as the lender and mortgagee; (cii) shall, with respect to all property insurance policies and rental loss and/or business income interruption insurance policies, contain a Standard Mortgagee Clause and a Clause/Lender’s Loss Payable Endorsement, or their equivalents, naming Lender as the person to whom all payments made by such insurance company shall be paid; (d) shall, with respect to all liability policies, name Lender and its successors and/or assigns as an additional insured; (eiii) shall contain a waiver of subrogation against Lender; (fiv) shall contain such provisions as Lender deems reasonably necessary or desirable to protect its interest, interest including endorsements providing (A) that none of any neither Borrower, Operating LesseeOwner, Lender or nor any other party shall be a co-insurer under said Policies Policies, and (B) except as otherwise permitted herein, for a deductible per loss acceptable to Lender but in no event in an amount greater than that Lender shall receive at least thirty (30) days’ (or, which is customarily maintained by prudent owners of properties with a standard of operation and maintenance comparable to and in the case general vicinity of cancellation the Properties and as is generally allowed by prudent institutional commercial mortgage lenders originating comparable mortgage loans for non-payment of any premium, ten (10) days’) prior written notice of any modification, reduction or cancellationsecuritization; and (gv) shall be satisfactory in form and substance to Lender and shall be approved by Lender as to amounts, form, risk coverage, deductibles, loss payees and insureds. Borrowers In addition to the insurance coverages described in Section 5.1.1 above, Borrower shall arrange for delivery of the following materials obtain (or cause Owner to Lender, c/o UBS Real Estate Investments Inc., 1285 Avenue of the Xxxxxxxx, 00xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention: Xxxxxx Xxxxxxxxx, Director: (iobtain) on or before the date hereof, certificates of such other insurance as may from time to time be required by Lender in form and substance reasonably acceptable order to Lender evidencing the coverage provided by the Policies, together with certified protect its interests. Certified copies of the Policies shall be delivered to Lender at the address below (or true and correct specimens of to such other address or Person as Lender shall designate from time to time by notice to Borrower) on the Policies, (ii) not less than ten (10) days prior date hereof with respect to the expiration of any Policy, a certificate of insurance in form current Policies and substance reasonably acceptable to Lender evidencing the renewal of such Policy and describing the coverage provided by such Policy, and within thirty (iii) within sixty (6030) days after the effective date of any thereof with respect to all renewal Policies: Deutsche Bank AG, certified copies of such Policies or true and correct specimens of such Policies. Borrowers New York Branch 60 Xxxx Xxxxxx, 00xx Xxxxx Xxx Xxxx, XX 00000 Attn: Kxxxx Xxxxxxxx Borrower shall cause Owner to pay the Insurance Premiums annually in advance as the same become due and payable and shall furnish to Lender evidence of the renewal of each of the Policies with receipts for the payment of the Insurance Premiums or other evidence of such payment reasonably satisfactory to Lender (provided, however, that Borrowers Borrower shall not be required to pay such Insurance Premiums nor furnish such evidence of payment to Lender in the event that the amounts required to pay such Insurance Premiums have been deposited into the Insurance Account pursuant to Section 6.4 hereofof the Mortgage Loan Agreement). In addition to the insurance coverages described in Section 5.1.1 above, Borrowers shall obtain such other insurance as may from time to time be reasonably required by Lender in order to protect its interests. Within thirty (30) days after request by Lender, Borrowers Borrower shall obtain (or cause Owner to obtain) such increases in the amounts of coverage required hereunder as may be reasonably requested by Lender, taking into consideration changes in the value of money over time, changes in liability laws, changes in prudent customs and practices, and the like.

Appears in 1 contract

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

Insurance Company. All Policies required pursuant to Section 5.1.1: (a5.1.1(a) shall (i) be issued by companies licensed eligible to do business in the state or commonwealth where the Properties are Insured Property is located, with a financial strength and claims paying ability rating of at least A:X from A.M. Best Company and “A” or better by S&P and and, if the Loan is part of a Securitization, the equivalent rating by any other Rating Agency that rates the Securities and actually provides insurance ratings for such carriers and, in all circumstances, satisfying the Two Agency Rating Test, provided, however for multi-layered policies (“Multi-Layered Policies”), (A) if four (4) or fewer insurance companies issue the Policies, then (x) at least one seventy-five percent (75%) of the insurance coverage represented by the Policies (the “75% Coverage”) must be provided by insurance companies with a claims paying ability rating of “A” or better by S&P (and, if the Loan is part of a Securitization, the equivalent by any other Rating Agency; Agency that rates the Securities and actually provides insurance ratings for such carriers), with no carriers below “BBB” by S&P (band, if the Loan is part of a Securitization, the equivalent by any other Rating Agency that rates the Securities and actually provides insurance ratings for such carriers) shalland (y) all carriers satisfy the Two Agency Rating Test, or (B) if five (5) or more insurance companies issue the Policies, then (x) at least sixty percent (60%) of the insurance coverage represented by the Policies (the “60% Coverage”) must be provided by insurance companies with a claims paying ability rating of “A” or better by S&P (and, if the Loan is part of a Securitization, the equivalent by any other Rating Agency that rates the Securities and actually provides insurance ratings for such carriers) with no carriers below “BBB” by S&P (and, if the Loan is part of a Securitization, the equivalent by any other Rating Agency that rates the Securities and actually provides insurance ratings for such carriers) and (y) all carriers satisfy the Two Agency Rating Test, provided, that with respect to all property the Policy for umbrella liability insurance, Westchester Fire shall be shall be an acceptable insurance policies, name Lender company in its current participation amount and its successors and/or assigns as their interest may appear as position within the lender and mortgagee; (c) shall, with respect to all property insurance policies and rental loss and/or business income interruption insurance policies, contain a Standard Mortgagee Clause and a Lender’s Loss Payable Endorsement, or their equivalents, naming Lender as syndicate until the person to whom all payments made by expiration of the current Policy provided such insurance company shall be paidmaintains a rating of “A2” or better from Moody’s and a rating of “A” or better from Fitch; (dii) shall, with respect to all liability policies, name Lender and its successors and/or assigns as an additional insured; (e) shall contain a waiver of subrogation against Lender; (f) shall contain such provisions as Lender deems reasonably necessary or desirable to protect its interest, interest including endorsements providing (A) that none of any neither Borrower, Operating Lessee, Lender or nor any other party shall be a co-insurer under said Policies and (B) for a deductible per loss of an amount not more than that which is customarily maintained by prudent owners of properties with a standard of operation and maintenance comparable to and in the general vicinity of the Insured Property; and (iii) contain a waiver of subrogation against Lender. Notwithstanding the foregoing, in the event that the insurance required hereunder is maintained through a Multi-Layered Policy, Borrower shall be permitted to maintain the Policies required hereunder with insurance companies which do not meet the foregoing requirements, including, for the coverage required by Section 5.1.1(i) above, a licensed captive insurance company reasonably acceptable to Lender shall receive at least thirty which is owned by Guarantor (30) days’ an “Otherwise Rated Insurer”), provided Borrower obtains a “cut-through” endorsement (orthat is, an endorsement which permits recovery against the provider of such endorsement if the insurer becomes insolvent), and reinsurance in the case of cancellation for nona captive insurance company, in each case reasonably acceptable to Lender with respect to any Otherwise Rated Insurer from an insurance company which meets the claims-payment paying ability ratings required above or such higher rating (not to exceed A+ by S&P) as may be required by a Rating Agency. Copies of any premium, the Policies shall be delivered to Lender at the address below (or to such other address or Person as Lender shall designate from time to time by written notice to Borrower) on the date hereof with respect to the current Policies (or binders to 80 be followed by the Policies to the extent such Policies are newly bound and have not been issued as of the date hereof) and within ten (10) days’) prior written notice of any modification, reduction or cancellation; Business Days after the receipt and (g) shall be satisfactory in form and substance approval by Borrower thereof with respect to Lender and shall be approved by Lender as to amounts, form, risk coverage, deductibles, loss payees and insureds. Borrowers shall arrange for delivery of the following materials to Lender, c/o UBS Real Estate Investments Inc., 1285 Avenue of the Xxxxxxxxall renewal Policies: GERMAN AMERICAN CAPITAL CORPORATION 60 Xxxx Xxxxxx, 00xx Xxxxx, Xxxxx Xxx Xxxx, Xxx Xxxx 00000, AttentionXX 00000 Attn: Xxxxxx Xxxxxxxxx, Director: (i) on or before the date hereof, certificates of insurance in form and substance reasonably acceptable to Lender evidencing the coverage provided by the Policies, together with certified copies of the Policies or true and correct specimens of the Policies, (ii) not less than ten (10) days prior to the expiration of any Policy, a certificate of insurance in form and substance reasonably acceptable to Lender evidencing the renewal of such Policy and describing the coverage provided by such Policy, and (iii) within sixty (60) days after the effective date of any renewal Policies, certified copies of such Policies or true and correct specimens of such Policies. Borrowers Maxx Xxxxxxxx Borrower shall pay the Insurance Premiums annually in advance full as the same become due and payable and shall furnish to Lender evidence of the renewal of each of the Policies with receipts for the payment of the Insurance Premiums or other evidence of such payment reasonably satisfactory to Lender (provided, however, that Borrowers Borrower shall not be required to pay such Insurance Premiums nor furnish such evidence of payment to Lender in the event that the amounts required to pay such Insurance Premiums have been deposited into the Insurance Account pursuant to Section 6.4 hereof). In addition to the insurance coverages described in Section 5.1.1 above, Borrowers shall obtain such other insurance as may from time to time be reasonably required by Lender in order to protect its interests. Within thirty (30) days after request by Lender, Borrowers shall obtain such increases in the amounts of coverage required hereunder as may be reasonably requested by Lender, taking into consideration changes in the value of money over time, changes in liability laws, changes in prudent customs and practices, and the like.

Appears in 1 contract

Samples: Loan Agreement (Alexanders Inc)

Insurance Company. All Policies required pursuant to Section 5.1.16.1: (ai) shall be issued by companies licensed to do business in the state or commonwealth where the Properties are Property is located, with a financial strength and claims paying ability rating of at least A:X :XII from A.M. Best Company and “A” or better by S&P and the equivalent rating by at least one other Rating AgencyS&P; (bii) shall, with respect to all property insurance policies, name Lender and its successors and/or assigns as their interest may appear as the lender Lender and mortgagee; (ciii) shall, with respect to all property insurance policies and rental loss and/or business income interruption insurance policies, contain a Standard Mortgagee Clause and a Lender’s Loss Payable Endorsement, or their equivalents, naming Lender as the person to whom all payments made by such insurance company shall be paid; (div) shall, with respect to all liability policies, name Lender and its successors and/or assigns as an additional insured; (ev) shall contain a waiver of subrogation against Lender; (fvi) shall contain such provisions as Lender deems reasonably necessary or desirable to protect its interest, interest including endorsements providing that none of any neither Borrower, Operating Lessee, Lender or nor any other party shall be a co-insurer under said Policies and that Lender shall receive at least thirty (30) days’ (or, in the case of cancellation for non-payment of any premium, ten (10) days’) days prior written notice of any modification, reduction or cancellation; and (gvii) shall be satisfactory in form and substance to Lender and shall be approved by Lender as to amounts, form, risk coverage, deductibles, loss payees and insureds. Borrowers shall arrange for delivery Certified copies of the following materials Policies shall be delivered to Lender, c/o UBS Real Estate Investments Nomura Credit & Capital, Inc., 1285 Avenue of the XxxxxxxxTwo World Xxxxxxxxx Xxxxxx, 00xx XxxxxXxxxxxxx X, Xxx Xxxx, Xxx Xxxx 00000-0000, AttentionAttn: Xxxxxx XxxxxxxxxN. Dante XxXxxxx, Director: (i) on or before the date hereof, certificates of insurance in form and substance reasonably acceptable to Lender evidencing the coverage provided by the Policies, together hereof with certified copies of the Policies or true and correct specimens of the Policies, (ii) not less than ten (10) days prior respect to the expiration of any Policy, a certificate of insurance in form current Policies and substance reasonably acceptable to Lender evidencing the renewal of such Policy and describing the coverage provided by such Policy, and within thirty (iii) within sixty (6030) days after the effective date of any thereof with respect to all renewal Policies; provided, certified copies however, that: (a) if any insurance coverage required under this Section 6.1.2 is maintained by a syndicate of insurers, the preceding S&P ratings requirements shall be deemed satisfied as long as at least seventy five percent (75%) of the coverage (if there are four or fewer members of the syndicate) or at least sixty percent (60%) of the coverage (if there are five or more members of the syndicate) is maintained with carriers with an “A” or better rating by S&P, and all carriers in such Policies or true and correct specimens syndicate have a claims-paying ability rating by S&P of such Policiesnot less than “BBB”. Borrowers Borrower shall pay the Insurance Premiums annually in advance as the same become due and payable and shall furnish to Lender evidence of the renewal of each of the Policies with receipts for the payment of the Insurance Premiums or other evidence of such payment reasonably satisfactory to Lender (provided, however, that Borrowers Borrower shall not be required to pay such Insurance Premiums nor furnish such evidence of payment to Lender in the event that the amounts required to pay such Insurance Premiums have been deposited into the Tax and Insurance Account Reserve Fund pursuant to Section 6.4 7.2 hereof). In addition to the insurance coverages described in Section 5.1.1 6.1 above, Borrowers Borrower shall obtain such other insurance as may from time to time be reasonably required by Lender in order to protect its interests. Within thirty (30) days after request by Lender, Borrowers Borrower shall obtain such increases in the amounts of coverage required hereunder as may be reasonably requested by Lender, taking into consideration changes in the value of money over time, changes in liability laws, changes in prudent customs and practices, and the like.

Appears in 1 contract

Samples: Loan Agreement (Thomas Properties Group Inc)

Insurance Company. All Policies required pursuant to Section 5.1.1: 5.1.1 (a) shall be issued by companies licensed authorized to do business in the state or commonwealth State where the Properties are located, with a financial strength and claims paying ability rating of at least A:X from A.M. Best Company and “A” or better by S&P and the equivalent rating or “AXII” or better by at least one other Rating AgencyX.X.Xxxx’s; (b) shall, with respect to all property insurance policies, name Lender and its successors and/or assigns as their interest may appear as the lender Lender and mortgageeMortgagee; (c) shall, with respect to all property insurance policies and rental loss and/or business income interruption insurance policies, contain a Standard Mortgagee Clause and a Lender’s Loss Payable Endorsement, or their equivalents, naming Lender as the person to whom which all payments made by such insurance company shall be paid; (d) shall, with respect to all liability policies, name Lender and its successors and/or assigns as an additional insured; (e) shall contain a waiver of subrogation against Lender; (f) shall contain such provisions as Lender deems reasonably necessary or desirable to protect its interest, interest including endorsements providing that none of any neither Borrower, Operating Lessee, Lender or nor any other party shall be a co-insurer under said Policies and that Lender shall receive at least thirty (30) days’ (or, in the case of cancellation for non-payment of any premium, ten (10) days’) days prior written notice of any modification, reduction or cancellation; and (g) shall be satisfactory in form and substance to Lender and shall be approved by Lender as to amounts, form, risk coverage, deductibles, loss payees and insureds. Borrowers shall arrange for delivery Certificates of insurance, or upon the request of Lender, certified copies of the following materials Policies, shall be delivered to Lender, c/o UBS Real Estate Investments Inc.at 000 Xxxx Xxxxxx, 1285 Avenue of the Xxxxxxxx, 00xx 0xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention: Xxxxxx XxxxxxxxxXxXxxxxxx, Director: (i) on or before the date hereof, certificates of insurance in form and substance reasonably acceptable to Lender evidencing the coverage provided by the Policies, together hereof with certified copies of the Policies or true and correct specimens of the Policies, (ii) not less than ten (10) days prior respect to the expiration of any Policy, a certificate of insurance in form current Policies and substance reasonably acceptable to Lender evidencing the renewal of such Policy and describing the coverage provided by such Policy, and within thirty (iii) within sixty (6030) days after the effective date of any thereof with respect to all renewal Policies; provided, however, that if certified copies of the current Policies are not available on the date requested, Borrower shall deliver to Lender certified copies of such Policies or true and correct specimens of within ten (10) days after such PoliciesPolicies are available. Borrowers Borrower shall pay the Insurance Premiums annually in advance as the same become due and payable and shall furnish to Lender evidence of the renewal of each of the Policies with receipts for the payment of the Insurance Premiums or other evidence of such payment reasonably satisfactory to Lender (provided, however, that Borrowers Borrower shall not be required to pay such Insurance Premiums nor furnish such evidence of payment to Lender in the event that the amounts required to pay such Insurance Premiums have been deposited into the Insurance Account pursuant to Section 6.4 hereof). In addition to the insurance coverages described in Section 5.1.1 5.1.1) above, Borrowers Borrower shall obtain such other insurance as may from time to time be reasonably required by Lender Lender, and is reasonable and customary for properties similar to the Properties, in order to protect its interests. Within thirty (30) days after request by Lender, Borrowers Borrower shall obtain such increases in the amounts of coverage required hereunder as may be reasonably requested by Lender, taking into consideration changes in the value of money over time, changes in liability laws, changes in prudent customs and practices, and the like.

Appears in 1 contract

Samples: Loan Agreement (Sun Communities Inc)

Insurance Company. All Policies required pursuant to Section 5.1.1: SECTION 5.1.1 (ai) shall be issued by companies licensed to do business in the state or commonwealth where the Properties are applicable Individual Property is located, with a financial strength and claims paying ability rating of at least A:X from A.M. Best Company and “A” at least "AA" or better by S&P and the equivalent rating by at least one other Rating AgencyS & P; (bii) shall, with respect to all property insurance policies, name Mezzanine Lender and its successors and/or assigns as their interest may appear as the lender Mezzanine Lender and mortgageeMortgagee; (ciii) shall, subject to the rights of Senior Lender under the Senior Loan Documents, with respect to all property insurance policies and rental loss and/or business income interruption insurance policies, contain a Standard Mortgagee Clause and a Mezzanine Lender’s 's Loss Payable Endorsement, or their equivalents, naming Mezzanine Lender as the person to whom all payments made by such insurance company shall be paid; (div) shall, with respect to all liability policies, subject to the rights of Senior Lender under the Senior Loan Documents, name Mezzanine Lender and its successors and/or assigns as an additional insured; (ev) shall contain a waiver of subrogation against Mezzanine Lender; (fvi) shall contain such provisions as Mezzanine Lender deems reasonably necessary or desirable to protect its interest, interest including endorsements providing that none of any neither the applicable Borrower, Operating Lessee, Mezzanine Lender or nor any other party shall be a co-insurer under said Policies and that Mezzanine Lender shall receive at least thirty (30) days’ (or, in the case of cancellation for non-payment of any premium, ten (10) days’) days prior written notice of any modification, reduction or cancellation; and (gvii) shall be otherwise reasonably satisfactory in form and substance to Mezzanine Lender and shall be approved by Mezzanine Lender as to amounts, form, risk coverage, deductibles, loss payees and insureds. Borrowers shall arrange for delivery Certified copies of the following materials Policies shall be delivered to Mezzanine Lender, c/o UBS Warburg Real Estate Investments Inc., 1285 Avenue of the Xxxxxxxx, 00xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000, AttentionAttn: Xxxxxx Xxxxxxxxx, Director: (i) , on or before the date hereof, certificates of insurance in form and substance reasonably acceptable to Lender evidencing the coverage provided by the Policies, together hereof with certified copies of the Policies or true and correct specimens of the Policies, (ii) not less than ten (10) days prior respect to the expiration of any Policy, a certificate of insurance in form current Policies and substance reasonably acceptable to Lender evidencing the renewal of such Policy and describing the coverage provided by such Policy, and within thirty (iii) within sixty (6030) days after the effective date of any thereof with respect to all renewal Policies, certified copies of such Policies or true and correct specimens of such Policies. Borrowers shall cause Owners to pay the Insurance Premiums annually in advance as the same become due and payable and shall cause Owners to furnish to Mezzanine Lender evidence of the renewal of each of the Policies with receipts for the payment of the Insurance Premiums or other evidence of such payment reasonably satisfactory to Mezzanine Lender (providedPROVIDED, howeverHOWEVER, that Borrowers shall not be required to cause Owners to pay such Insurance Premiums nor furnish such evidence of payment to Mezzanine Lender in the event that the 372 amounts required to pay such Insurance Premiums have been deposited into a reserve as required under the Insurance Account pursuant to Section 6.4 hereofSenior Loan Documents). In addition to the insurance coverages described in Section 5.1.1 SECTION 5.1.1) above, Borrowers shall cause Owners to obtain such other insurance as may from time to time be reasonably required by Mezzanine Lender in order to protect its interests. Within thirty (30) days after request by Mezzanine Lender, Borrowers shall cause Owners to obtain such increases in the amounts of coverage required hereunder as may be reasonably requested by Mezzanine Lender, taking into consideration changes in the value of money over time, changes in liability laws, changes in prudent customs and practices, and the like.

Appears in 1 contract

Samples: Mezzanine Loan Agreement (Horizon Group Properties Inc)

Insurance Company. All The Policies required pursuant to Section 5.1.1: (a) shall be issued by financially sound and responsible insurance companies licensed authorized to do business in the state or commonwealth where in which the Properties are located, with Property is located and having a financial strength and claims paying ability rating of at least A:X from A.M. Best Company and “A” or better by S&P and, to the extent rated by Xxxxx’x and or Fitch, the equivalent rating by at least one other Rating Agency; (b) shall, with respect to all property insurance policies, name Lender and its successors and/or assigns as their interest may appear as the lender and mortgagee; (c) shall, with respect to all property insurance policies and rental loss and/or business income interruption insurance policies, contain a Standard Mortgagee Clause and a Lender’s Loss Payable Endorsement, or their equivalents, naming Lender as the person to whom all payments made by such insurance company shall be paid; (d) shall, with respect to all liability policies, name Lender and its successors and/or assigns as an additional insured; (e) shall contain a waiver of subrogation against Lender; (f) shall contain such provisions as Lender deems reasonably necessary or desirable to protect its interest, including endorsements providing that none of any Borrower, Operating Lessee, Lender or any other party shall be a co-insurer under said Policies and that Lender shall receive at least thirty (30) days’ (or, in the case of cancellation for non-payment of any premium, ten (10) days’) prior written notice of any modification, reduction or cancellation; and (g) shall be satisfactory in form and substance to Lender and shall be approved by Lender as to amounts, form, risk coverage, deductibles, loss payees and insureds. Borrowers shall arrange for delivery of the following materials to Lender, c/o UBS Real Estate Investments Inc., 1285 Avenue of the Xxxxxxxx, 00xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention: Xxxxxx Xxxxxxxxx, Director: (i) on or before the date hereof, certificates of insurance in form and substance reasonably acceptable to Lender evidencing the coverage provided by the Policies, together with certified copies of the Policies or true and correct specimens of the Policies, (ii) not less than ten (10) days prior to the expiration of any Policy, a certificate of insurance in form and substance reasonably acceptable to Lender evidencing the renewal of such Policy and describing the coverage provided by such Policy, and (iii) within sixty (60) days after the effective date of any renewal Policies, certified copies of such Policies or true and correct specimens of such Policies. Borrowers shall pay the Insurance Premiums annually in advance as the same become due and payable and shall furnish to Lender evidence of the renewal of from each of the Policies with receipts for the payment of the Insurance Premiums or other evidence of such payment reasonably satisfactory to Lender Xxxxx’x and/or Fitch, as applicable (provided, however, that Borrowers the Policies for general liability insurance set forth in subsections (a)(ii), (a)(v), (a)(vii) and (a)(viii) above shall be issued by insurance companies having a claims paying ability rating of “A-” or better by S&P and, to the extent rated by Xxxxx’x and or Fitch, the equivalent rating from each of Xxxxx’x and/or Fitch, as applicable). If a Securitization occurs, (i) the foregoing required insurance company rating by a Rating Agency not rating any Securities shall be disregarded and (ii) if the insurance company complies with the aforesaid S&P required rating (and S&P is rating the Securities) and the other Rating Agencies rating the Securities do not rate the insurance company, such insurance company shall be deemed acceptable with respect to pay such Insurance Premiums nor furnish Rating Agency not rating such evidence insurance company. Notwithstanding the foregoing, Borrower shall be permitted to maintain the Policies with insurance companies which do not meet the foregoing requirements (an “Otherwise Rated Insurer”), provided Borrower obtains a “cut-through” endorsement (that is, an endorsement which permits recovery against the provider of payment such endorsement) with respect to Lender in any Otherwise Rated Insurer from an insurance company which meets the event claims paying ability ratings required above. Moreover, if Borrower desires to maintain insurance required hereunder from an insurance company which does not meet the claims paying ability ratings set forth herein but the parent of such insurance company, which owns at least fifty-one percent (51%) of such insurance company, maintains such ratings, Borrower may use such insurance companies if approved by the Rating Agencies (such approval may be conditioned on items required by the Rating Agencies including a requirement that the amounts required to pay parent guarantee the obligations of such Insurance Premiums have been deposited into the Insurance Account pursuant to Section 6.4 hereofinsurance company). In addition to the insurance coverages described in Section 5.1.1 above, Borrowers shall obtain such other insurance as may from time to time be reasonably required by Lender in order to protect its interests. Within thirty (30) days after request by Lender, Borrowers shall obtain such increases in the amounts of coverage required hereunder as may be reasonably requested by Lender, taking into consideration changes in the value of money over time, changes in liability laws, changes in prudent customs and practices, and the like.

Appears in 1 contract

Samples: Loan Agreement (Behringer Harvard Reit I Inc)

Insurance Company. All Policies required pursuant to Section 5.1.1: (ai) shall be issued by companies authorized or licensed to do business in the state or commonwealth where the Properties are Property is located, with with: (1) a financial strength and claims paying ability rating of at least A:X from A.M. Best Company and (x) “A” or better by S&P and (y) “A2” or better by Xxxxx’x, to the equivalent rating by extent Xxxxx’x rates the Securities and the applicable insurance company (provided, however for multi-layered policies, (A) if four (4) or fewer insurance companies issue the Policies, then at least one other Rating Agency75% of the insurance coverage represented by the Policies must be provided by insurance companies with a rating of “A” or better by S&P and “A2” or better by Xxxxx’x, to the extent Xxxxx’x rates the Securities and the applicable insurance company, with no carrier below “BBB” by S&P and “Baa2” or better by Xxxxx’x, to the extent Xxxxx’x rates the Securities and the applicable insurance company, or (B) if five (5) or more insurance companies issue the Policies, then at least sixty percent (60%) of the insurance coverage represented by the Policies must be provided by insurance companies with a rating of “A” or better by S&P and “A2” or better by Xxxxx’x, to the extent Xxxxx’x rates the Securities and the applicable insurance company, with no carrier below “BBB” by S&P and “Baa2” or better by Xxxxx’x, to the extent Xxxxx’x rates the Securities and the applicable insurance company, and (2) a rating of A:X or better in the current Best’s Insurance Reports; (b) shall, with respect to all property insurance policies, name Lender and its successors and/or assigns as their interest may appear as the lender and mortgagee; (cii) shall, with respect to all property insurance policies and rental loss and/or business income interruption insurance policies, contain a Standard Mortgagee Clause and a Clause/Lender’s Loss Payable Endorsement, or their equivalents, naming Lender as the person to whom all payments made by such insurance company shall be paid; (d) shall, with respect to all liability policies, name Lender and its successors and/or assigns as an additional insured; (eiii) shall contain a waiver of subrogation against Lender; (fiv) shall contain such provisions as Lender deems reasonably necessary or desirable to protect its interest, interest including endorsements providing (A) that none of any neither Borrower, Operating Lessee, Lender or nor any other party shall be a co-insurer under said Policies and (B) for a deductible per loss of an amount not more than that Lender shall receive at least thirty (30) days’ (or, which is customarily maintained by prudent owners of properties with a standard of operation and maintenance comparable to and in the case general vicinity of cancellation for non-payment the Property, but in no event in excess of any premium, ten (10) days’) prior written notice of any modification, reduction or cancellationan amount reasonably acceptable to Lender; and (gv) shall be reasonably satisfactory in form and substance to Lender and shall be approved by Lender as to amounts, form, risk coverage, deductibles, loss payees and insureds. Borrowers In addition to the insurance coverages described in Section 5.1.1 above, Borrower shall arrange obtain such other insurance as may from time to time be reasonably required by Lender in order to protect its interests and which covers risks that are commonly insured for delivery of properties similar to the following materials to Lender, c/o UBS Real Estate Investments Inc., 1285 Avenue of Property located in and around the Xxxxxxxx, 00xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention: Xxxxxx Xxxxxxxxx, Director: (i) on or before region in which the date hereof, certificates of insurance in form and substance reasonably acceptable to Lender evidencing the coverage provided by the Policies, together with certified Property is located. Certified copies of the Policies shall be delivered to Lender at the address below (or true and correct specimens of to such other address or Person as Lender shall designate from time to time by notice to Borrower) on the Policies, (ii) not less than ten (10) days prior date hereof with respect to the expiration of any Policy, a certificate of insurance in form current Policies and substance reasonably acceptable to Lender evidencing the renewal of such Policy and describing the coverage provided by such Policy, and within thirty (iii) within sixty (6030) days after the effective date of any thereof with respect to all renewal Policies: Deutsche Bank AG, certified copies of such Policies or true and correct specimens of such Policies. Borrowers New York Branch 00 Xxxx Xxxxxx, 00xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 Attn: Xxxxx Xxxxxxxx Borrower shall pay the Insurance Premiums annually in advance as the same become due and payable and shall furnish to Lender evidence of the renewal of each of the Policies with receipts for the payment of the Insurance Premiums or other evidence of such payment reasonably satisfactory to Lender (provided, however, that Borrowers Borrower shall not be required to pay such Insurance Premiums nor furnish such evidence of payment to Lender in the event that the amounts required to pay such Insurance Premiums have been deposited into the Insurance Account pursuant to Section 6.4 hereof). In addition to the insurance coverages described in Section 5.1.1 above, Borrowers shall obtain such other insurance as may from time to time be reasonably required by Lender in order to protect its interests. Within thirty (30) days after request by Lender, Borrowers Borrower shall obtain such increases in the amounts of coverage required hereunder as may be reasonably requested by Lender, taking into consideration changes in the value of money over time, changes in liability laws, changes in prudent customs and practices, and the like.

Appears in 1 contract

Samples: Loan Agreement (Clipper Realty Inc.)

Insurance Company. All Policies required pursuant to Section 5.1.16.1: (ai) shall be issued by companies licensed to do business in the state or commonwealth where the Properties are Property is located, with a financial strength and claims paying ability rating of at least A:X :XII from A.M. Best Company and “A” or better by S&P and the equivalent rating by at least one other Rating AgencyS&P; (bii) shall, with respect to all property insurance policies, name Lender and its successors and/or assigns as their interest may appear as the lender Lender and mortgagee; (ciii) shall, with respect to all property insurance policies and rental loss and/or business income interruption insurance policies, contain a Standard Mortgagee Clause and a Lender’s Loss Payable Endorsement, or their equivalents, naming Lender as the person to whom all payments made by such insurance company shall be paid; (div) shall, with respect to all liability policies, name Lender and its successors and/or assigns as an additional insured; (ev) shall contain a waiver of subrogation against Lender; (fvi) shall contain such provisions as Lender deems reasonably necessary or desirable to protect its interest, interest including endorsements providing that none of any neither Borrower, Operating Lessee, Lender or nor any other party shall be a co-insurer under said Policies and that Lender shall receive at least thirty (30) days’ (or, in the case of cancellation for non-payment of any premium, ten (10) days’) days prior written notice of any modification, reduction or cancellation; and (gvii) shall be satisfactory in form and substance to Lender and shall be approved by Lender as to amounts, form, risk coverage, deductibles, loss payees and insureds. Borrowers shall arrange for delivery Certified copies of the following materials Policies shall be delivered to Lender, c/o UBS Real Estate Investments Nomura Credit & Capital, Inc., 1285 Avenue of the XxxxxxxxTwo World Xxxxxxxxx Xxxxxx, 00xx XxxxxXxxxxxxx X, Xxx Xxxx, Xxx Xxxx 00000-0000, AttentionAttn: Xxxxxx XxxxxxxxxN. Xxxxx XxXxxxx, Director: (i) on or before the date hereof, certificates of insurance in form and substance reasonably acceptable to Lender evidencing the coverage provided by the Policies, together hereof with certified copies of the Policies or true and correct specimens of the Policies, (ii) not less than ten (10) days prior respect to the expiration of any Policy, a certificate of insurance in form current Policies and substance reasonably acceptable to Lender evidencing the renewal of such Policy and describing the coverage provided by such Policy, and within thirty (iii) within sixty (6030) days after the effective date of any thereof with respect to all renewal Policies; provided, certified copies however, that: (a) if any insurance coverage required under this Section 6.1.2 is maintained by a syndicate of insurers, the preceding S&P ratings requirements shall be deemed satisfied as long as at least seventy five percent (75%) of the coverage (if there are four or fewer members of the syndicate) or at least sixty percent (60%) of the coverage (if there are five or more members of the syndicate) is maintained with carriers with an “A” or better rating by S&P, and all carriers in such Policies or true and correct specimens syndicate have a claims-paying ability rating by S&P of such Policiesnot less than “BBB”. Borrowers Borrower shall pay the Insurance Premiums annually in advance as the same become due and payable and shall furnish to Lender evidence of the renewal of each of the Policies with receipts for the payment of the Insurance Premiums or other evidence of such payment reasonably satisfactory to Lender (provided, however, that Borrowers Borrower shall not be required to pay such Insurance Premiums nor furnish such evidence of payment to Lender in the event that the amounts required to pay such Insurance Premiums have been deposited into the Tax and Insurance Account Reserve Fund pursuant to Section 6.4 7.2 hereof). In addition to the insurance coverages described in Section 5.1.1 6.1 above, Borrowers Borrower shall obtain such other insurance as may from time to time be reasonably required by Lender in order to protect its interests. Within thirty (30) days after request by Lender, Borrowers Borrower shall obtain such increases in the amounts of coverage required hereunder as may be reasonably requested by Lender, taking into consideration changes in the value of money over time, changes in liability laws, changes in prudent customs and practices, and the like.

Appears in 1 contract

Samples: Loan Agreement (Thomas Properties Group Inc)

Insurance Company. All Policies required pursuant to Section 5.1.1: 5.1.1 (ai) shall be issued by companies licensed approved to do business in the state or commonwealth states where the Properties are located, with (1) a financial strength and claims paying ability rating of at least A:X from A.M. Best Company and (x) “A” or better by S&P and (y) “A2” or better by Mxxxx’x, to the equivalent rating by extent Mxxxx’x rates the Securities and rates the applicable insurer (provided, however for multi-layered policies, (A) if four (4) or fewer insurance companies issue the Policies, then at least one other Rating Agencyseventy-five percent (75%) of the insurance coverage represented by the Policies must be provided by insurance companies with a rating of “A” or better by S&P and “A2” or better by Mxxxx’x, to the extent Mxxxx’x rates the Securities and rates the applicable insurer, with no remaining carrier below “BBB” by S&P and “Baa2” or better by Mxxxx’x, to the extent Mxxxx’x rates the Securities and rates the applicable insurer, or (B) if five (5) or more insurance companies issue the Policies, then at least sixty percent (60%) of the insurance coverage represented by the Policies must be provided by insurance companies with a rating of “A” or better by S&P and “A2” or better by Mxxxx’x, to the extent Mxxxx’x rates the Securities and rates the applicable insurer, with no remaining carrier below “BBB” and “Baa2” or better by Mxxxx’x, to the extent Mxxxx’x rates the Securities and rates the applicable insurer, and (2) a rating of A:X or better by A.M. Best provided, that, notwithstanding the foregoing, Lender accepts Starr Surplus Lines Insurance Company, rated A XV with AM Best, provided that (1) the rating of Starr Surplus Lines Insurance Company is not withdrawn or downgraded below the date hereof and (2) at renewal of the current policy term, Borrower shall replace Starr Surplus Lines Insurance Company with an insurance company meeting the rating requirements set forth hereinabove;; (b) shall, with respect to all property insurance policies, name Lender and its successors and/or assigns as their interest may appear as the lender and mortgagee; (cii) shall, with respect to all property insurance policies and rental loss and/or business income interruption insurance policies, contain a Standard Mortgagee Clause and a Clause/Lender’s Loss Payable Endorsement, or their equivalents, naming Lender as the person to whom all payments made by such insurance company shall be paid; (d) shall, with respect to all liability policies, name Lender and its successors and/or assigns as an additional insured; (eiii) shall contain a waiver of subrogation against Lender; (fiv) shall contain such provisions as Lender deems reasonably necessary or desirable to protect its interest, interest including endorsements providing (A) that none of any neither Borrower, Operating LesseeOwner, Lender or nor any other party shall be a co-insurer under said Policies Policies, and (B) except as otherwise permitted herein, for a deductible per loss acceptable to Lender but in no event in an amount greater than that Lender shall receive at least thirty (30) days’ (or, which is customarily maintained by prudent owners of properties with a standard of operation and maintenance comparable to and in the case general vicinity of cancellation the Properties and as is generally allowed by prudent institutional commercial mortgage lenders originating comparable mortgage loans for non-payment of any premium, ten (10) days’) prior written notice of any modification, reduction or cancellationsecuritization; and (gv) shall be satisfactory in form and substance to Lender and shall be approved by Lender as to amounts, form, risk coverage, deductibles, loss payees and insureds. Borrowers In addition to the insurance coverages described in Section 5.1.1 above, Borrower shall arrange for delivery of the following materials obtain (or cause Owner to Lender, c/o UBS Real Estate Investments Inc., 1285 Avenue of the Xxxxxxxx, 00xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention: Xxxxxx Xxxxxxxxx, Director: (iobtain) on or before the date hereof, certificates of such other insurance as may from time to time be required by Lender in form and substance reasonably acceptable order to Lender evidencing the coverage provided by the Policies, together with certified protect its interests. Complete copies of the Policies shall be delivered to Lender at the address below (or true and correct specimens of to such other address or Person as Lender shall designate from time to time by notice to Borrower) on the Policies, (ii) not less than ten (10) days prior date hereof with respect to the expiration of any Policy, a certificate of insurance in form current Policies and substance reasonably acceptable to Lender evidencing the renewal of such Policy and describing the coverage provided by such Policy, and within thirty (iii) within sixty (6030) days after the effective date of any thereof with respect to all renewal Policies: Mxxxxx Sxxxxxx Bank, certified copies of such Policies or true and correct specimens of such Policies. Borrowers N.A. 1000 Xxxxxxxx, 00xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Gxxxxx Xxx Borrower shall cause Owner to pay the Insurance Premiums annually in advance as the same become due and payable and shall furnish to Lender evidence of the renewal of each of the Policies with receipts for the payment of the Insurance Premiums or other evidence of such payment reasonably satisfactory to Lender (provided, however, that Borrowers Borrower shall not be required to pay such Insurance Premiums nor furnish such evidence of payment to Lender in the event that the amounts required to pay such Insurance Premiums have been deposited into the Insurance Account pursuant to Section 6.4 hereofof the Mortgage Loan Agreement). In addition to the insurance coverages described in Section 5.1.1 above, Borrowers shall obtain such other insurance as may from time to time be reasonably required by Lender in order to protect its interests. Within thirty (30) days after request by Lender, Borrowers Borrower shall obtain (or cause Owner to obtain) such increases in the amounts of coverage required hereunder as may be reasonably requested by Lender, taking into consideration changes in the value of money over time, changes in liability laws, changes in prudent customs and practices, and the like.

Appears in 1 contract

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

Insurance Company. All Policies required pursuant to Section 5.1.1: 5.1.1 (a) shall be issued by companies licensed to do business in the state or commonwealth where the Properties are located, with a financial strength and claims paying ability rating of at least A:X from A.M. Best Company and “A” or better by S&P and the equivalent rating by at least one other Rating Agency; (b) shall, with respect to all property insurance policies, name Lender and its successors and/or assigns as their interest may appear as the lender and mortgagee; (ci) shall, with respect to all property insurance policies and rental loss income and/or business income interruption insurance policies, contain a Standard Mortgagee Clause and a Lender’s Loss Payable Endorsement, or their equivalents, naming including providing that Lender as is the person to whom all payments made by such insurance company shall be paid; (d) shall, with respect to all liability policies, name Lender and its successors and/or assigns as an additional insured; (eii) shall contain a waiver of subrogation against Lender; (fiii) shall contain such provisions as Lender deems reasonably necessary or desirable to protect its interest, interest including endorsements providing (A) that none of any neither Borrower, Operating Lessee, Lender or nor any other party shall be a co-insurer under said Policies and (B) except as otherwise specified herein, for a deductible per loss of an amount not more than that Lender shall receive at least thirty (30) days’ (or, which is customarily maintained by prudent owners of properties with a standard of operation and maintenance comparable to and in the case general vicinity of cancellation for non-payment the applicable Individual Property, but in no event in excess of any premium, ten (10) days’) prior written notice an amount reasonably acceptable to Lender. Certificates of any modification, reduction or cancellation; and (g) insurance shall be satisfactory in form and substance to Lender and shall be approved by Lender as to amounts, form, risk coverage, deductibles, loss payees and insureds. Borrowers shall arrange for delivery of the following materials delivered to Lender, cx/o UBS Real Estate Investments Inc.x Xxxxxxxx Xxxx XX, 1285 Avenue of the XxxxxxxxXxx Xxxx Xxxxxx, 00 Xxxx Xxxxxx, 00xx Xxxxx, Xxx Xxxx, Xxx Xxxx XX 00000, AttentionAttn: Xxxxxx XxxxxxxxxXxxxx Xxxxxxxx, Director: (i) on or before the date hereof, certificates of insurance in form and substance reasonably acceptable to Lender evidencing the coverage provided by the Policies, together hereof with certified copies of the Policies or true and correct specimens of the Policies, (ii) not less than ten (10) days prior respect to the expiration of any Policy, a certificate of insurance in form current Policies and substance reasonably acceptable to Lender evidencing the renewal of such Policy and describing the coverage provided by such Policy, and within fifteen (iii15) within sixty (60) days Business Days after the effective date of any thereof with respect to all renewal Policies, certified copies . Borrower shall (i) cause the payment of such the premiums with respect to the Policies or true and correct specimens of such Policies. Borrowers shall pay (the Insurance Premiums annually in advance Premiums”) to be timely paid as the same become due and payable and (ii) prior to expiration shall furnish to Lender Lender, upon Lender’s written demand, evidence of the renewal of each of the Policies with reasonably satisfactory to Lender, and (iii) furnish to Lender receipts for the timely payment of the Insurance Premiums or other evidence of such payment reasonably satisfactory to Lender (provided, however, that Borrowers Borrower shall not be required to pay such Insurance Premiums nor furnish such evidence of payment to Lender in the event that the amounts required to pay such Insurance Premiums have been deposited into the Insurance Account pursuant to Section 6.4 hereof). If Borrower does not furnish evidence of the renewal of such Policies prior to expiration, upon Lender’s written demand for such evidence then Lender may, but shall not be obligated to, procure such insurance and Borrower shall reimburse Lender for the cost of such Insurance Premiums promptly on demand, with interest accruing at the Default Rate from the date expended. In addition to addition, (i) after the insurance coverages described in Section 5.1.1 aboveoccurrence of a Casualty or (ii) if requested by a Rating Agency, Borrowers Borrower shall obtain such other insurance as may from time to time be reasonably required by Lender in order to protect its interests. Within thirty (30) days after request make the redacted Policies available for review by Lender, Borrowers such Rating Agency or their respective representatives, upon reasonable prior notice at Borrower’s address set forth in Section 10.6 hereof. Notwithstanding the terms of the first sentence of this subsection, proceeds paid to Lender pursuant to this Section 5.1.2 shall obtain such increases be held by Lender and applied in accordance with the amounts provisions of coverage required hereunder as may be reasonably requested by Lender, taking into consideration changes in the value of money over time, changes in liability laws, changes in prudent customs and practices, and the likeSection 5.4.

Appears in 1 contract

Samples: Loan Agreement (Brookfield DTLA Fund Office Trust Investor Inc.)

Insurance Company. All The Policies required pursuant to Section 5.1.1: (a) shall be issued by financially sound and responsible insurance companies licensed authorized to do business in the state or commonwealth where in which the Properties are located, with subject Individual Property is located and having a financial strength and claims paying ability rating of at least A:X from A.M. Best Company and “A” or better by S&P and the equivalent Fitch and an insurance financial strength rating of “Aa2” by at least one other Rating Agency; (b) shall, with respect to all property insurance policies, name Lender and its successors and/or assigns as their interest may appear as the lender and mortgagee; (c) shall, with respect to all property insurance policies and rental loss and/or business income interruption insurance policies, contain a Standard Mortgagee Clause and a Lender’s Loss Payable Endorsement, or their equivalents, naming Lender as the person to whom all payments made by such insurance company shall be paid; (d) shall, with respect to all liability policies, name Lender and its successors and/or assigns as an additional insured; (e) shall contain a waiver of subrogation against Lender; (f) shall contain such provisions as Lender deems reasonably necessary or desirable to protect its interest, including endorsements providing that none of any Borrower, Operating Lessee, Lender or any other party shall be a co-insurer under said Policies and that Lender shall receive at least thirty (30) days’ (or, in the case of cancellation for non-payment of any premium, ten (10) days’) prior written notice of any modification, reduction or cancellation; and (g) shall be satisfactory in form and substance to Lender and shall be approved by Lender as to amounts, form, risk coverage, deductibles, loss payees and insureds. Borrowers shall arrange for delivery of the following materials to Lender, c/o UBS Real Estate Investments Inc., 1285 Avenue of the Xxxxxxxx, 00xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention: Xxxxxx Xxxxxxxxx, Director: (i) on or before the date hereof, certificates of insurance in form and substance reasonably acceptable to Lender evidencing the coverage provided by the Policies, together with certified copies of the Policies or true and correct specimens of the Policies, (ii) not less than ten (10) days prior to the expiration of any Policy, a certificate of insurance in form and substance reasonably acceptable to Lender evidencing the renewal of such Policy and describing the coverage provided by such Policy, and (iii) within sixty (60) days after the effective date of any renewal Policies, certified copies of such Policies or true and correct specimens of such Policies. Borrowers shall pay the Insurance Premiums annually in advance as the same become due and payable and shall furnish to Lender evidence of the renewal of each of the Policies with receipts for the payment of the Insurance Premiums or other evidence of such payment reasonably satisfactory to Lender Xxxxx’x (provided, however, that Borrowers for so long as Citicorp is the Tenant at the Individual Property located in Englewood Cliffs, New Jersey pursuant to the Citicorp Lease, the Policies may be issued by insurance companies as permitted in the Citicorp Lease). If a Securitization occurs, (i) the foregoing required insurance company rating by a Rating Agency not rating any Securities shall be disregarded and (ii) if the insurance company complies with the aforesaid S&P required rating (and S&P is rating the Securities) and the other Rating Agencies rating the Securities do not rate the insurance company, such insurance company shall be deemed acceptable with respect to such Rating Agency not rating such insurance company. If a Securitization occurs and S&P is not a Rating Agency, each of the insurance companies shall have a claims paying ability rating of at least A- by Fitch and an insurance financial strength rating of A3 by Xxxxx’x and at least sixty-seven percent (67%) of the coverage shall be provided by insurance companies having claims paying ability ratings of AA by Fitch and an insurance financial strength rating of Aa2 by Xxxxx’x; provided, however, if Fitch or Xxxxx’x shall not provide a rating for an insurance company, then an A.M. Best rating of A(X) shall be required to pay such Insurance Premiums nor furnish such evidence substituted for each of payment to Lender in the event that foregoing rating requirements of Fitch or Xxxxx’x, as applicable. Notwithstanding the amounts required to pay such Insurance Premiums have been deposited into the Insurance Account pursuant to Section 6.4 hereof). In addition to the insurance coverages described in Section 5.1.1 aboveforegoing, Borrowers shall be permitted to maintain the Policies with insurance companies which do not meet the foregoing requirements (an “Otherwise Rated Insurer”), provided Borrowers obtain a “cut-through” endorsement (that is, an endorsement which permits recovery against the provider of such other endorsement) with respect to any Otherwise Rated Insurer from an insurance as company which meets the claims paying ability ratings required above. Moreover, if Borrowers desire to maintain insurance required hereunder from an insurance company which does not meet the claims paying ability ratings set forth herein but the parent of such insurance company, which owns at least fifty-one percent (51%) of such insurance company, maintains such ratings, Borrowers may from time to time use such insurance companies if approved by the Rating Agencies (such approval may be reasonably conditioned on items required by Lender in order to protect its interests. Within thirty (30) days after request by Lender, Borrowers shall obtain the Rating Agencies including a requirement that the parent guarantee the obligations of such increases in the amounts of coverage required hereunder as may be reasonably requested by Lender, taking into consideration changes in the value of money over time, changes in liability laws, changes in prudent customs and practices, and the likeinsurance company).

Appears in 1 contract

Samples: Loan Agreement (Wells Real Estate Investment Trust Inc)

Insurance Company. All Policies required pursuant to Section 5.1.1: (ai) shall be issued by companies authorized or licensed to do business in the state or commonwealth where the Properties are Property is located, with with: (1) a financial strength and claims paying ability rating of at least A:X from A.M. Best Company and (x) “A” or better by S&P and (y) “A2” or better by Xxxxx’x, to the equivalent rating by extent Xxxxx’x rates the Securities and the applicable insurance company (provided, however for multi-layered policies, (A) if four (4) or fewer insurance companies issue the Policies, then at least one other Rating Agency75% of the insurance coverage represented by the Policies must be provided by insurance companies with a rating of “A” or better by S&P and “A2” or better by Xxxxx’x, to the extent Xxxxx’x rates the Securities and the applicable insurance company, with no carrier below “BBB” by S&P and “Baa2” or better by Xxxxx’x, to the extent Xxxxx’x rates the Securities and the applicable insurance company, or (B) if five (5) or more insurance companies issue the Policies, then at least sixty percent (60%) of the insurance coverage represented by the Policies must be provided by insurance companies with a rating of “A” or better by S&P and “A2” or better by Xxxxx’x, to the extent Xxxxx’x rates the Securities and the applicable insurance company, with no carrier below “BBB” by S&P and “Baa2” or better by Xxxxx’x, to the extent Xxxxx’x rates the Securities and the applicable insurance company, and (2) a rating of A:X or better in the current Best’s Insurance Reports; (b) shall, with respect to all property insurance policies, name Lender and its successors and/or assigns as their interest may appear as the lender and mortgagee; (cii) shall, with respect to all property insurance policies and rental loss and/or business income interruption insurance policies, contain a Standard Mortgagee Clause and a Clause/Lender’s Loss Payable Endorsement, or their equivalents, naming Mortgage Lender as the person to whom all payments made by such insurance company shall be paid; (d) shall, with respect to all liability policies, name Lender and its successors and/or assigns as an additional insured; (eiii) shall contain a waiver of subrogation against Lender; (fiv) shall contain such provisions as Lender deems reasonably necessary or desirable to protect its interest, interest including endorsements providing (A) that none of any neither Borrower, Operating LesseeSenior Borrower, Lender or nor any other party shall be a co-insurer under said Policies and (B) for a deductible per loss of an amount not more than that Lender shall receive at least thirty (30) days’ (or, which is customarily maintained by prudent owners of properties with a standard of operation and maintenance comparable to and in the case general vicinity of cancellation for non-payment the Property, but in no event in excess of any premium, ten (10) days’) prior written notice of any modification, reduction or cancellationan amount reasonably acceptable to Lender; and (gv) shall be reasonably satisfactory in form and substance to Lender and shall be approved by Lender as to amounts, form, risk coverage, deductibles, loss payees and insureds. Borrowers In addition to the insurance coverages described in Section 5.1.1 above, Borrower shall arrange obtain (or cause Mortgage Borrower to obtain) such other insurance as may from time to time be reasonably required by Lender in order to protect its interests and which covers risks that are commonly insured for delivery of properties similar to the following materials to Lender, c/o UBS Real Estate Investments Inc., 1285 Avenue of Property located in and around the Xxxxxxxx, 00xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention: Xxxxxx Xxxxxxxxx, Director: (i) on or before region in which the date hereof, certificates of insurance in form and substance reasonably acceptable to Lender evidencing the coverage provided by the Policies, together with certified Property is located. Certified copies of the Policies shall be delivered to Lender at the address below (or true and correct specimens of to such other address or Person as Lender shall designate from time to time by notice to Borrower) on the Policies, (ii) not less than ten (10) days prior date hereof with respect to the expiration of any Policy, a certificate of insurance in form current Policies and substance reasonably acceptable to Lender evidencing the renewal of such Policy and describing the coverage provided by such Policy, and within thirty (iii) within sixty (6030) days after the effective date of any thereof with respect to all renewal Policies: Deutsche Bank AG, certified copies of such Policies or true and correct specimens of such Policies. Borrowers New York Branch 00 Xxxx Xxxxxx, 00xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 Attn: Xxxxx Xxxxxxxx Borrower shall cause Mortgage Borrower to pay the Insurance Premiums annually in advance as the same become due and payable and shall furnish to Lender evidence of the renewal of each of the Policies with receipts for the payment of the Insurance Premiums or other evidence of such payment reasonably satisfactory to Lender (provided, however, that Borrowers Mortgage Borrower shall not be required to pay such Insurance Premiums nor furnish such evidence of payment to Lender in the event that the amounts required to pay such Insurance Premiums have been deposited into the Insurance Account pursuant to Section 6.4 hereofof the Mortgage Loan Agreement). In addition to the insurance coverages described in Section 5.1.1 above, Borrowers shall obtain such other insurance as may from time to time be reasonably required by Lender in order to protect its interests. Within thirty (30) days after request by Lender, Borrowers Borrower shall obtain (or cause Mortgage Borrower to obtain) such increases in the amounts of coverage required hereunder as may be reasonably requested by Lender, taking into consideration changes in the value of money over time, changes in liability laws, changes in prudent customs and practices, and the like.

Appears in 1 contract

Samples: Second Mezzanine Loan Agreement (Clipper Realty Inc.)

Insurance Company. All The Policies required pursuant to Section 5.1.1: (a) shall be issued by financially sound and responsible insurance companies licensed authorized to do business in the state in which the [Mortgaged Property/Trust Property] is located and shall be otherwise reasonably satisfactory to Agent, and carry an S&P rating of at least “A-”. If four or commonwealth where fewer insurance companies issue the Properties are locatedpolicies, then at least 75% of the insurance coverage represented by the policies must be provided by insurance companies with a financial strength and claims paying ability rating of at least A:X from A.M. Best Company and AA-” or better by S&P and S&P, with no carrier below “BBB” by S&P. If five (5) or more insurance companies issue the equivalent rating by policies, then at least one other Rating Agency; sixty percent (b60%) shallof the insurance coverage represented by the policies must be provided by insurance companies with a claims paying ability rating of “A-” or better by S&P, with no carrier below “BBB” by S&P. Notwithstanding the foregoing, [Mortgagor/Grantor] shall be permitted to maintain the Policies with insurance companies which do not meet the foregoing requirements (an “Otherwise Rated Insurer”), provided [Mortgagor/Grantor] obtains a “cut-through” endorsement (that is, an endorsement which permits recovery against the provider of such endorsement) with respect to all property insurance policies, name Lender and its successors and/or assigns as their interest may appear as the lender and mortgagee; (c) shall, with respect to all property insurance policies and rental loss and/or business income interruption insurance policies, contain a Standard Mortgagee Clause and a Lender’s Loss Payable Endorsement, or their equivalents, naming Lender as the person to whom all payments made by such any Otherwise Rated Insurer from an insurance company shall be paid; (d) shallwhich meets the claims paying ability ratings required above. Also notwithstanding the foregoing, with respect to all liability policiesAgent has approved Landmark American Insurance Company, name Lender Torus Specialty Insurance Company and its successors and/or assigns Aspen Specialty Insurance Company for this loan so long as they maintain an additional insured; (e) shall contain a waiver AM Best rating of subrogation against Lender; (f) shall contain such provisions as Lender deems reasonably necessary or desirable to protect its interest, including endorsements providing that none of any Borrower, Operating Lessee, Lender or any other party shall be a co-insurer under said Policies and that Lender shall receive at least thirty (30A- XI by AM Best. Also Approved for this loan is Senior Living Insurance Company Limited, a [Mortgagor/Grantor]-funded captive insurance company that provides coverage to reimburse [Mortgagor/Grantor] for any general liability and professional liability deductibles/retentions. EXHIBIT A LEGAL DESCRIPTION Legal Description of premises located at [ ]: [See Attached Page(s) days’ (or, For Legal Description] Exh. A-1 [EXHIBIT B PERMITTED ENCUMBRANCES] Those exceptions set forth in Schedule B of that certain policy of title insurance issued to Mortgagee by [ ] on or about the case of cancellation for non-payment of any premium, ten (10) days’) prior written notice of any modification, reduction or cancellation; and (g) shall be satisfactory in form and substance date hereof pursuant to Lender and shall be approved by Lender as commitment number [ ]. EXHIBIT H to amounts, form, risk coverage, deductibles, loss payees and insureds. Borrowers shall arrange for delivery of the following materials to Lender, c/o UBS Real Estate Investments CREDIT AGREEMENT FORM OF BORROWING BASE CERTIFICATE BORROWING BASE CERTIFICATE Five Star Senior Living Inc., 1285 Avenue of Borrowing Base Certificate Period ending / / Citibank, N.A. as Administrative Agent under the XxxxxxxxCredit Agreement referred to below 0000 Xxxxx Xxxx OPS III Xxx Xxxxxx, 00xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000, XX 00000 Attention: Xxxxxx XxxxxxxxxBank Loan Syndications Department Pursuant to provisions of that certain Second Amended and Restated Credit Agreement, Director: (i) on or before the date hereofdated as of June 12, certificates of insurance in form and substance reasonably acceptable to Lender evidencing the coverage provided by the Policies2019, together with certified copies of the Policies or true and correct specimens of the Policies, (ii) not less than ten (10) days prior to the expiration of any Policyamong Five Star Senior Living Inc., a certificate of insurance in form Maryland corporation, as borrower (“Borrower”), the Guarantors party thereto, Citibank, N.A., as Administrative Agent and substance reasonably acceptable to Lender evidencing Collateral Agent for the renewal of such Policy and describing Secured Parties, the coverage provided by such PolicySecured Parties identified therein, and the Arrangers party thereto (iii) within sixty (60) days after the effective date of any renewal Policiesas amended, certified copies of such Policies amended and restated, supplemented or true and correct specimens of such Policies. Borrowers shall pay the Insurance Premiums annually in advance as the same become due and payable and shall furnish to Lender evidence of the renewal of each of the Policies with receipts for the payment of the Insurance Premiums or other evidence of such payment reasonably satisfactory to Lender (provided, however, that Borrowers shall not be required to pay such Insurance Premiums nor furnish such evidence of payment to Lender in the event that the amounts required to pay such Insurance Premiums have been deposited into the Insurance Account pursuant to Section 6.4 hereof). In addition to the insurance coverages described in Section 5.1.1 above, Borrowers shall obtain such other insurance as may otherwise modified from time to time be reasonably required by Lender in order to protect its interests. Within thirty (30) days after request by Lendertime, Borrowers the “Credit Agreement”; capitalized terms not otherwise defined herein shall obtain such increases have their respective meanings set forth in the amounts Credit Agreement), the undersigned, a Responsible Officer of coverage required hereunder the Borrower, hereby certifies and represents and warrants on behalf of the Borrower as may be reasonably requested by Lender, taking into consideration changes in the value of money over time, changes in liability laws, changes in prudent customs and practices, and the like.follows:

Appears in 1 contract

Samples: Credit Agreement (Five Star Senior Living Inc.)

Insurance Company. All The Policies required pursuant to Section 5.1.1: (a) shall be issued by financially sound and responsible insurance companies licensed authorized to do business in the state in which the Property is located and having a claims paying ability rating of "A" or commonwealth where the Properties are located, with a better by S&P and Fitch and an insurance financial strength rating of "A2" by Mxxxx'x. If a Securitization occurs, (i) the foregoing required insurance company rating by a Rating Agency not rating any Securities shall be disregarded and (ii) if the insurance company complies with the aforesaid S&P required rating (and S&P is rating the Securities) and the other Rating Agencies rating the Securities do not rate the insurance company, such insurance company shall be deemed acceptable with respect to such Rating Agency not rating such insurance company. If a Securitization occurs and S&P is not a Rating Agency, each of the insurance companies shall have a claims paying ability rating of at least A:X from A.M. Best Company A- by Fitch and “A” or better an insurance financial strength rating of A3 by S&P Mxxxx'x and the equivalent rating by at least one other Rating Agency; sixty-seven percent (b67%) shall, with respect to all property insurance policies, name Lender and its successors and/or assigns as their interest may appear as of the lender and mortgagee; (c) shall, with respect to all property insurance policies and rental loss and/or business income interruption insurance policies, contain a Standard Mortgagee Clause and a Lender’s Loss Payable Endorsement, or their equivalents, naming Lender as the person to whom all payments made by such insurance company coverage shall be paid; (d) shall, with respect to all liability policies, name Lender and its successors and/or assigns as an additional insured; (e) shall contain a waiver of subrogation against Lender; (f) shall contain such provisions as Lender deems reasonably necessary or desirable to protect its interest, including endorsements providing that none of any Borrower, Operating Lessee, Lender or any other party shall be a co-insurer under said Policies and that Lender shall receive at least thirty (30) days’ (or, in the case of cancellation for non-payment of any premium, ten (10) days’) prior written notice of any modification, reduction or cancellation; and (g) shall be satisfactory in form and substance to Lender and shall be approved by Lender as to amounts, form, risk coverage, deductibles, loss payees and insureds. Borrowers shall arrange for delivery of the following materials to Lender, c/o UBS Real Estate Investments Inc., 1285 Avenue of the Xxxxxxxx, 00xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention: Xxxxxx Xxxxxxxxx, Director: (i) on or before the date hereof, certificates of insurance in form and substance reasonably acceptable to Lender evidencing the coverage provided by the Policies, together with certified copies insurance companies having claims paying ability ratings of the Policies or true A by Fitch and correct specimens an insurance financial strength rating of the Policies, (ii) not less than ten (10) days prior to the expiration of any Policy, a certificate of insurance in form and substance reasonably acceptable to Lender evidencing the renewal of such Policy and describing the coverage provided A2 by such Policy, and (iii) within sixty (60) days after the effective date of any renewal Policies, certified copies of such Policies or true and correct specimens of such Policies. Borrowers shall pay the Insurance Premiums annually in advance as the same become due and payable and shall furnish to Lender evidence of the renewal of each of the Policies with receipts for the payment of the Insurance Premiums or other evidence of such payment reasonably satisfactory to Lender (Mxxxx'x; provided, however, that Borrowers if Fitch or Mxxxx'x shall not provide a rating for an insurance company, then an A.M. Best rating of A(X) shall be substituted for each of the foregoing rating requirements of Fitch or Mxxxx'x, as applicable. Notwithstanding the foregoing, Borrower shall be permitted to maintain the Policies with insurance companies which do not meet the foregoing requirements (an "Otherwise Rated Insurer"), provided Borrower obtains a "cut-through" endorsement (that is, an endorsement which permits recovery against the provider of such endorsement) with respect to any Otherwise Rated Insurer from an insurance company which meets the claims paying ability ratings required above. Moreover, if Borrower desires to pay such Insurance Premiums nor furnish such evidence of payment to Lender in the event that the amounts required to pay such Insurance Premiums have been deposited into the Insurance Account pursuant to Section 6.4 hereof). In addition to the maintain insurance coverages described in Section 5.1.1 above, Borrowers shall obtain such other insurance as may from time to time be reasonably required by Lender in order to protect its interests. Within thirty (30) days after request by Lender, Borrowers shall obtain such increases in the amounts of coverage required hereunder as from an insurance company which does not meet the claims paying ability ratings set forth herein but the parent of such insurance company, which owns at least fifty-one percent (51%) of such insurance company, maintains such ratings, Borrower may be reasonably requested use such insurance companies if approved by Lender, taking into consideration changes in the value of money over time, changes in liability laws, changes in prudent customs and practices, and the like.Rating Agencies (such approval

Appears in 1 contract

Samples: Loan Agreement (Hartman Short Term Income Properties XX, Inc.)

Insurance Company. All Policies required pursuant to Section 5.1.1: (ai) shall be issued by companies authorized or licensed to do business in the state or commonwealth where the Properties are Property is located, with with: (1) a financial strength and claims paying ability rating of at least A:X from A.M. Best Company and (x) “A” or better by S&P and (y) “A2” or better by Moody’s, to the equivalent rating by extent Moody’s rates the Securities and the applicable insurance company (provided, however for multi-layered policies, (A) if four (4) or fewer insurance companies issue the Policies, then at least one other Rating Agency75% of the insurance coverage represented by the Policies must be provided by insurance companies with a rating of “A” or better by S&P and “A2” or better by Moody’s, to the extent Moody’s rates the Securities and the applicable insurance company, with no carrier below “BBB” by S&P and “Baa2” or better by Moody’s, to the extent Moody’s rates the Securities and the applicable insurance company, or (B) if five (5) or more insurance companies issue the Policies, then at least sixty percent (60%) of the insurance coverage represented by the Policies must be provided by insurance companies with a rating of “A” or better by S&P and “A2” or better by Moody’s, to the extent Moody’s rates the Securities and the applicable insurance company, with no carrier below “BBB” by S&P and “Baa2” or better by Moody’s, to the extent Moody’s rates the Securities and the applicable insurance company, and (2) a rating of A:X or better in the current Best’s Insurance Reports; (b) shall, with respect to all property insurance policies, name Lender and its successors and/or assigns as their interest may appear as the lender and mortgagee; (cii) shall, with respect to all property insurance policies and rental loss and/or business income interruption insurance policies, contain a Standard Mortgagee Clause and a Clause/Lender’s Loss Payable Endorsement, or their equivalents, naming Mortgage Lender as the person to whom all payments made by such insurance company shall be paid; (d) shall, with respect to all liability policies, name Lender and its successors and/or assigns as an additional insured; (eiii) shall contain a waiver of subrogation against Lender; (fiv) shall contain such provisions as Lender deems reasonably necessary or desirable to protect its interest, interest including endorsements providing (A) that none of any neither Borrower, Operating LesseeMortgage Borrower, Lender or nor any other party shall be a co-insurer under said Policies and (B) for a deductible per loss of an amount not more than that Lender shall receive at least thirty (30) days’ (or, which is customarily maintained by prudent owners of properties with a standard of operation and maintenance comparable to and in the case general vicinity of cancellation for non-payment the Property, but in no event in excess of any premium, ten (10) days’) prior written notice of any modification, reduction or cancellationan amount reasonably acceptable to Lender; and (gv) shall be reasonably satisfactory in form and substance to Lender and shall be approved by Lender as to amounts, form, risk coverage, deductibles, loss payees and insureds. Borrowers In addition to the insurance coverages described in Section 5.1.1 above, Borrower shall arrange obtain (or cause Mortgage Borrower to obtain) such other insurance as may from time to time be reasonably required by Lender in order to protect its interests and which covers risks that are commonly insured for delivery of properties similar to the following materials to Lender, c/o UBS Real Estate Investments Inc., 1285 Avenue of Property located in and around the Xxxxxxxx, 00xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention: Xxxxxx Xxxxxxxxx, Director: (i) on or before region in which the date hereof, certificates of insurance in form and substance reasonably acceptable to Lender evidencing the coverage provided by the Policies, together with certified Property is located. Certified copies of the Policies shall be delivered to Lender at the address below (or true and correct specimens of to such other address or Person as Lender shall designate from time to time by notice to Borrower) on the Policies, (ii) not less than ten (10) days prior date hereof with respect to the expiration of any Policy, a certificate of insurance in form current Policies and substance reasonably acceptable to Lender evidencing the renewal of such Policy and describing the coverage provided by such Policy, and within thirty (iii) within sixty (6030) days after the effective date of any thereof with respect to all renewal Policies: Deutsche Bank AG, certified copies of such Policies or true and correct specimens of such Policies. Borrowers New York Branch 00 Xxxx Xxxxxx, 00xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 Attn: Xxxxx Xxxxxxxx Borrower shall cause Mortgage Borrower to pay the Insurance Premiums annually in advance as the same become due and payable and shall furnish to Lender evidence of the renewal of each of the Policies with receipts for the payment of the Insurance Premiums or other evidence of such payment reasonably satisfactory to Lender (provided, however, that Borrowers Mortgage Borrower shall not be required to pay such Insurance Premiums nor furnish such evidence of payment to Lender in the event that the amounts required to pay such Insurance Premiums have been deposited into the Insurance Account pursuant to Section 6.4 hereofof the Mortgage Loan Agreement). In addition to the insurance coverages described in Section 5.1.1 above, Borrowers shall obtain such other insurance as may from time to time be reasonably required by Lender in order to protect its interests. Within thirty (30) days after request by Lender, Borrowers Borrower shall obtain (or cause Mortgage Borrower to obtain) such increases in the amounts of coverage required hereunder as may be reasonably requested by Lender, taking into consideration changes in the value of money over time, changes in liability laws, changes in prudent customs and practices, and the like.

Appears in 1 contract

Samples: First Mezzanine Loan Agreement (Clipper Realty Inc.)

Insurance Company. All Policies required pursuant to Section 5.1.1: 5.1.1 (ai) shall be issued by companies licensed approved to do business in the state or commonwealth states where the Properties are located, with (1) a financial strength and claims paying ability rating of at least A:X from A.M. Best Company and (x) “A” or better by S&P and (y) “A2” or better by Moody’s, to the equivalent rating by extent Moody’s rates the Securities and rates the applicable insurer (provided, however for multi-layered policies, (A) if four (4) or fewer insurance companies issue the Policies, then at least one other Rating Agencyseventy-five percent (75%) of the insurance coverage represented by the Policies must be provided by insurance companies with a rating of “A” or better by S&P and “A2” or better by Moody’s, to the extent Moody’s rates the Securities and rates the applicable insurer, with no remaining carrier below “BBB” by S&P and “Baa2” or better by Moody’s, to the extent Moody’s rates the Securities and rates the applicable insurer, or (B) if five (5) or more insurance companies issue the Policies, then at least sixty percent (60%) of the insurance coverage represented by the Policies must be provided by insurance companies with a rating of “A” or better by S&P and “A2” or better by Moody’s, to the extent Moody’s rates the Securities and rates the applicable insurer, with no remaining carrier below “BBB” and “Baa2” or better by Moody’s, to the extent Moody’s rates the Securities and rates the applicable insurer), and (2) a rating of A:X or better by A.M. Best, provided, that, notwithstanding the foregoing, Lender accepts Starr Surplus Lines Insurance Company, rated A XV with AM Best, provided that (1) the rating of Starr Surplus Lines Insurance Company is not withdrawn or downgraded below the date hereof and (2) at renewal of the current policy term, Borrower shall replace Starr Surplus Lines Insurance Company with an insurance company meeting the rating requirements set forth hereinabove; (b) shall, with respect to all property insurance policies, name Lender and its successors and/or assigns as their interest may appear as the lender and mortgagee; (cii) shall, with respect to all property insurance policies and rental loss and/or business income interruption insurance policies, contain a Standard Mortgagee Clause and a Clause/Lender’s Loss Payable Endorsement, or their equivalents, naming Lender as the person to whom all payments made by such insurance company shall be paid; (d) shall, with respect to all liability policies, name Lender and its successors and/or assigns as an additional insured; (eiii) shall contain a waiver of subrogation against Lender; (fiv) shall contain such provisions as Lender deems reasonably necessary or desirable to protect its interest, interest including endorsements providing (A) that none of any neither Borrower, Operating Lessee, Lender or nor any other party shall be a co-insurer under said Policies Policies, and (B) except as otherwise permitted herein, for a deductible per loss acceptable to Lender but in no event in an amount greater than that Lender shall receive at least thirty (30) days’ (or, which is customarily maintained by prudent owners of properties with a standard of operation and maintenance comparable to and in the case general vicinity of cancellation the Properties and as is generally allowed by prudent institutional commercial mortgage lenders originating comparable mortgage loans for non-payment of any premium, ten (10) days’) prior written notice of any modification, reduction or cancellationsecuritization; and (gv) shall be satisfactory in form and substance to Lender and shall be approved by Lender as to amounts, form, risk coverage, deductibles, loss payees and insureds. Borrowers In addition to the insurance coverages described in Section 5.1.1 above, Borrower shall arrange for delivery of the following materials obtain such other insurance as may from time to Lender, c/o UBS Real Estate Investments Inc., 1285 Avenue of the Xxxxxxxx, 00xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention: Xxxxxx Xxxxxxxxx, Director: (i) on or before the date hereof, certificates of insurance time be required by Lender in form and substance reasonably acceptable order to Lender evidencing the coverage provided by the Policies, together with certified protect its interests. Certified copies of the Policies shall be delivered to Lender at the address below (or true and correct specimens of to such other address or Person as Lender shall designate from time to time by notice to Borrower) on the Policies, (ii) not less than ten (10) days prior date hereof with respect to the expiration of any Policy, a certificate of insurance in form current Policies and substance reasonably acceptable to Lender evidencing the renewal of such Policy and describing the coverage provided by such Policy, and within thirty (iii) within sixty (6030) days after the effective date of any thereof with respect to all renewal Policies: Mxxxxx Sxxxxxx Bank, certified copies of such Policies or true and correct specimens of such Policies. Borrowers N.A. 1000 Xxxxxxxx, 00xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Gxxxxx Xxx Borrower shall pay the Insurance Premiums annually in advance as the same become due and payable and shall furnish to Lender evidence of the renewal of each of the Policies with receipts for the payment of the Insurance Premiums or other evidence of such payment reasonably satisfactory to Lender (provided, however, that Borrowers Borrower shall not be required to pay such Insurance Premiums nor furnish such evidence of payment to Lender in the event that the amounts required to pay such Insurance Premiums have been deposited into the Insurance Account pursuant to Section 6.4 hereof). In addition to the insurance coverages described in Section 5.1.1 above, Borrowers shall obtain such other insurance as may from time to time be reasonably required by Lender in order to protect its interests. Within thirty (30) days after request by Lender, Borrowers Borrower shall obtain such increases in the amounts of coverage required hereunder as may be reasonably requested by Lender, taking into consideration changes in the value of money over time, changes in liability laws, changes in prudent customs and practices, and the like.

Appears in 1 contract

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

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Insurance Company. All Policies required pursuant to Section 5.1.1: 5.1.1 (ai) shall be issued by companies licensed authorized to do business in the state or commonwealth where the Properties are Property is located, with a financial strength and claims paying ability rating of at least A:X from A.M. Best Company and “A” or better by S&P and the equivalent rating by at least one other Rating AgencyS&P; (bii) shall, with respect to all property insurance policies, name Lender and its successors and/or assigns as their interest may appear as the lender Lender and mortgageeMortgagee; (ciii) shall, with respect to all property insurance policies and rental loss and/or business income interruption insurance policies, contain a Standard EAST\53909776.4 Mortgagee Clause and a Lender’s Loss Payable Endorsement, or their equivalents, naming Lender as the person to whom which all payments made by such insurance company shall be paid; (div) shall, with respect to all liability policies, name Lender and its successors and/or assigns as an additional insured; (ev) shall contain a waiver of subrogation against Lender; (fvi) shall contain such provisions as Lender deems reasonably necessary or desirable to protect its interest, interest including endorsements providing that none of any neither Borrower, Operating Lessee, Lender or nor any other party shall be a co-insurer under said Policies and that Lender shall receive at least thirty (30) days’ (or, in the case of cancellation for non-payment of any premium, ten (10) days’) days prior written notice of any modification, reduction or cancellation; and (gvii) shall be satisfactory in form and substance to Lender and shall be approved by Lender as to amounts, form, risk coverage, deductibles, loss payees and insureds. Borrowers shall arrange for delivery Certified copies of the following materials Policies shall be delivered to Lender, c/o UBS Real Estate Investments Inc., 1285 Avenue of the Xxxxxxxxat 000 Xxxxx Xxxxxxxxx Xxxxx, 00xx Xxxxx, Xxx XxxxXxxxxxx, Xxx Xxxx Xxxxxxxx 00000, Attention: Xxxxxx XxxxxxxxxXxxxxxx Xxxxxxx, Director: (i) on or before the date hereof, certificates of insurance in form and substance reasonably acceptable to Lender evidencing the coverage provided by the Policies, together hereof with certified copies of the Policies or true and correct specimens of the Policies, (ii) not less than ten (10) days prior respect to the expiration of any Policy, a certificate of insurance in form current Policies and substance reasonably acceptable to Lender evidencing the renewal of such Policy and describing the coverage provided by such Policy, and within thirty (iii) within sixty (6030) days after the effective date of any thereof with respect to all renewal Policies, certified copies of such Policies or true and correct specimens of such Policies. Borrowers Borrower shall pay the Insurance Premiums annually in advance as the same become due and payable and shall furnish to Lender evidence of the renewal of each of the Policies with receipts for the payment of the Insurance Premiums or other evidence of such payment reasonably satisfactory to Lender (provided, however, that Borrowers Borrower shall not be required to pay such Insurance Premiums nor furnish such evidence of payment to Lender in the event that the amounts required to pay such Insurance Premiums have been deposited into an account subject to the Insurance Account pursuant to Section 6.4 hereof)sole dominion and control of Lender. In addition to the insurance coverages described in Section 5.1.1 5.1.1) above, Borrowers Borrower shall obtain such other insurance as may from time to time be reasonably required by Lender in order to protect its interests. Within thirty (30) days after request by Lender, Borrowers Borrower shall obtain such increases in the amounts of coverage required hereunder as may be reasonably requested by Lender, taking into consideration changes in the value of money over time, changes in liability laws, changes in prudent customs and practices, and the like.

Appears in 1 contract

Samples: Loan Agreement (O'Donnell Strategic Industrial REIT, Inc.)

Insurance Company. All Policies required pursuant to Section 5.1.1: 5.1.1 (ai) shall be issued by companies licensed to do business in the state or commonwealth where the Properties are Property is located, with a financial strength and claims paying ability rating of at least A:X from A.M. Best Company and “A” or better by S&P (and the equivalent rating by at least one any other Rating Agency) (provided, however for multi-layered policies, (A) if four (4) or less insurance companies issue the Policies, then at least 75% of the insurance coverage represented by the Policies must be provided by insurance companies with a claims paying ability rating of “A” or better by S&P (and the equivalent by any other Rating Agency), with no carrier below “BBB” (and the equivalent by any other Rating Agency) or (B) if five (5) or more insurance companies issue the Policies, then at least sixty percent (60%) of the insurance coverage represented by the Policies must be provided by insurance companies with a claims paying ability rating of “A” or better by S&P (and the equivalent by any other Rating Agency), with no carrier below “BBB” (and the equivalent by any other Rating Agency), and a rating of A:X or better in the current Best’s Insurance Reports; (bii) shall, with respect to all property insurance policies, name Lender and its successors and/or assigns as their interest may appear as the lender Lender and mortgageeMortgagee; (ciii) shall, with respect to all property insurance policies and rental loss and/or business income interruption insurance policies, contain a Standard Mortgagee Clause and a Lender’s Loss Payable Endorsement, or their equivalents, naming Lender as the person to whom all payments made by such insurance company shall be paid; (div) shall, with respect to all liability policies, name Lender and its successors and/or assigns as an additional insured; (ev) shall contain a waiver of subrogation against Lender; (fvi) shall contain such provisions as Lender deems reasonably necessary or desirable to protect its interest, interest including endorsements providing (A) that none of any neither Borrower, Operating Lessee, Lender or nor any other party shall be a co-insurer under said Policies and Policies, (B) that Lender shall receive at least thirty (30) days’ (or, in the case of cancellation for non-payment of any premium, ten (10) days’) days prior written notice of any modification, reduction or cancellation, and (C) for a deductible per loss of an amount not more than that which is customarily maintained by prudent owners of properties with a standard of operation and maintenance comparable to and in the general vicinity of the Property, but in no event in excess of an amount reasonably acceptable to Lender; and (gvii) shall be satisfactory in form and substance to Lender and shall be approved by Lender as to amounts, form, risk coverage, deductibles, loss payees and insureds. Borrowers No insurance policy required hereunder shall arrange include any so called “terrorist exclusion” or similar exclusion or exception to insurance coverage relating to the acts of terrorist groups or individuals; provided that, for delivery so long TRIA is in effect, Lender shall accept terrorism insurance with coverage against acts which are “certified” within the meaning of TRIA. In addition to the following materials insurance coverages described in Section 5.1.1 above, Borrower shall obtain such other insurance as may from time to Lender, c/o UBS Real Estate Investments Inc., 1285 Avenue of the Xxxxxxxx, 00xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention: Xxxxxx Xxxxxxxxx, Director: (i) on or before the date hereof, certificates of insurance time be reasonably required by Lender in form and substance reasonably acceptable order to Lender evidencing the coverage provided by the Policies, together with certified protect its interests. Certified copies of the Policies shall be delivered to Lender at the address below (or true and correct specimens of to such other address or Person as Lender shall designate from time to time by notice to Borrower) on the Policies, (ii) not less than ten (10) days prior date hereof with respect to the expiration of any Policy, a certificate of insurance in form current Policies and substance reasonably acceptable to Lender evidencing the renewal of such Policy and describing the coverage provided by such Policy, and within thirty (iii) within sixty (6030) days after the effective date of any thereof with respect to all renewal Policies: GERMAN AMERICAN CAPITAL CORPORATION 00 Xxxx Xxxxxx, certified copies of such Policies or true and correct specimens of such Policies. Borrowers 00xx Xxxxx Xxx Xxxx, XX 00000 Attn: Xxxx Xxxxxxxx Borrower shall pay the Insurance Premiums annually in advance as the same become due and payable and shall furnish to Lender evidence of the renewal of each of the Policies with receipts for the payment of the Insurance Premiums or other evidence of such payment reasonably satisfactory to Lender (provided, however, that Borrowers Borrower shall not be required to pay such Insurance Premiums nor furnish such evidence of payment to Lender in the event that the amounts required to pay such Insurance Premiums have been deposited into the Insurance Account pursuant to Section 6.4 hereof). In addition to the insurance coverages described in Section 5.1.1 above, Borrowers shall obtain such other insurance as may from time to time be reasonably required by Lender in order to protect its interests. Within thirty (30) days after request by Lender, Borrowers Borrower shall obtain such increases in the amounts of coverage required hereunder as may be reasonably requested by Lender, taking into consideration changes in the value of money over time, changes in liability laws, changes in prudent customs and practices, and the like.

Appears in 1 contract

Samples: Loan Agreement (Carter Validus Mission Critical REIT, Inc.)

Insurance Company. All Policies required pursuant to Section 5.1.1: (a) shall be issued by companies licensed to do business in the state or commonwealth where the Properties are located, with a financial strength and claims paying ability rating of at least A:X from A.M. Best Company and “A” or better by S&P and the equivalent rating by at least one other Rating Agency; (b) shall, with respect to all property insurance policies, name Lender and its successors and/or assigns as their interest may appear as the lender and mortgagee; (c) shall, with respect to all property insurance policies and rental loss and/or business income interruption insurance policies, contain a Standard Mortgagee Clause and a Lender’s Loss Payable Endorsement, or their equivalents, naming Lender as the person to whom all payments made by such insurance company shall be paid; (d) shall, with respect to all liability policies, name Lender and its successors and/or assigns as an additional insured; (e) shall contain a waiver of subrogation against Lender; (f) shall contain such provisions as Lender deems reasonably necessary or desirable to protect its interest, including endorsements providing that none of any Borrower, Operating Lessee, Lender or any other party shall be a co-insurer under said Policies and that Lender shall receive at least thirty (30) days’ (or, in the case of cancellation for non-payment of any premium, ten (10) days’) prior written notice of any modification, reduction or cancellation; and (g) shall be satisfactory in form and substance to Lender and shall be approved by Lender as to amounts, form, risk coverage, deductibles, loss payees and insureds. Borrowers shall arrange for delivery of the following materials to Lender, c/o UBS Real Estate Investments Inc., 1285 Avenue of the XxxxxxxxAxxxxxxx, 00xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention: Xxxxxx Rxxxxx Xxxxxxxxx, Director: (i) on or before the date hereof, certificates of insurance in form and substance reasonably acceptable to Lender evidencing the coverage provided by the Pool 2 Policies, together with certified copies of the Policies or true and correct specimens of the Policies, (ii) not less than ten (10) days prior to the expiration of any Policy, a certificate of insurance in form and substance reasonably acceptable to Lender evidencing the renewal of such Policy and describing the coverage provided by such Policy, and (iii) within sixty (60) days after the effective date of any renewal Policies, certified copies of such Policies or true and correct specimens of such Policies. Borrowers shall pay the Insurance Premiums annually in advance as the same become due and payable and shall furnish to Lender evidence of the renewal of each of the Policies with receipts for the payment of the Insurance Premiums or other evidence of such payment reasonably satisfactory to Lender (provided, however, that Borrowers shall not be required to pay such Insurance Premiums nor furnish such evidence of payment to Lender in the event that the amounts required to pay such Insurance Premiums have been deposited into the Insurance Account pursuant to Section 6.4 hereof). In addition to the insurance coverages described in Section 5.1.1 above, Borrowers shall obtain such other insurance as may from time to time be reasonably required by Lender in order to protect its interests. Within thirty (30) days after request by Lender, Borrowers shall obtain such increases in the amounts of coverage required hereunder as may be reasonably requested by Lender, taking into consideration changes in the value of money over time, changes in liability laws, changes in prudent customs and practices, and the like.

Appears in 1 contract

Samples: Loan Agreement (Ashford Hospitality Trust Inc)

Insurance Company. All Policies required pursuant to Section 5.1.16.1: (ai) shall be issued by companies licensed to do business in the state or commonwealth where the Properties are located, with a financial strength and claims paying ability rating of at least A:X :XII from A.M. Best Company and “A” or better by S&P and the equivalent rating by at least one other Rating AgencyS&P; (bii) shall, with respect to all property insurance policies, name Lender and its successors and/or assigns as their interest may appear as the lender Lender and mortgagee; (ciii) shall, with respect to all property insurance policies and rental loss and/or business income interruption insurance policies, contain a Standard Mortgagee Clause and a Lender’s Loss Payable Endorsement, or their equivalents, naming Lender as the person to whom all payments made by such insurance company shall be paid; (div) shall, with respect to all liability policies, name Lender and its successors and/or assigns as an additional insured; (ev) shall contain a waiver of subrogation against Lender; (fvi) shall contain such provisions as Lender deems reasonably necessary or desirable to protect its interest, interest including endorsements providing that none of any neither Borrower, Operating Lessee, Lender or nor any other party shall be a co-insurer under said Policies and that Lender shall receive at least thirty (30) days’ (or, in the case of cancellation for non-payment of any premium, ten (10) days’) days prior written notice of any modification, reduction or cancellation; and (gvii) shall be satisfactory in form and substance to Lender and shall be approved by Lender as to amounts, form, risk coverage, deductibles, loss payees and insureds. Borrowers shall arrange for delivery Certified copies of the following materials Policies shall be delivered to Lender, c/o UBS Real Estate Investments Nomura Credit & Capital, Inc., 1285 Avenue of the XxxxxxxxTwo World Xxxxxxxxx Xxxxxx, 00xx XxxxxXxxxxxxx X, Xxx Xxxx, Xxx Xxxx 00000-0000, AttentionAttn: Xxxxxx XxxxxxxxxN. Xxxxx XxXxxxx, Director: (i) on or before the date hereof, certificates of insurance in form and substance reasonably acceptable to Lender evidencing the coverage provided by the Policies, together hereof with certified copies of the Policies or true and correct specimens of the Policies, (ii) not less than ten (10) days prior respect to the expiration of any Policy, a certificate of insurance in form current Policies and substance reasonably acceptable to Lender evidencing the renewal of such Policy and describing the coverage provided by such Policy, and within thirty (iii) within sixty (6030) days after the effective date of any thereof with respect to all renewal Policies; provided, certified copies however, that: (a) if any insurance coverage required under this Section 6.1.2 is maintained by a syndicate of insurers, the preceding S&P ratings requirements shall be deemed satisfied as long as at least seventy five percent (75%) of the coverage (if there are four or fewer members of the syndicate) or at least sixty percent (60%) of the coverage (if there are five or more members of the syndicate) is maintained with carriers with an “A” or better rating by S&P, and all carriers in such Policies or true and correct specimens syndicate have a claims-paying ability rating by S&P of such Policiesnot less than “BBB”. Borrowers Borrower shall pay the Insurance Premiums annually in advance as the same become due and payable and shall furnish to Lender evidence of the renewal of each of the Policies with receipts for the payment of the Insurance Premiums or other evidence of such payment reasonably satisfactory to Lender (provided, however, that Borrowers Borrower shall not be required to pay such Insurance Premiums nor furnish such evidence of payment to Lender in the event that the amounts required to pay such Insurance Premiums have been deposited into the Tax and Insurance Account Reserve Fund pursuant to Section 6.4 7.2 hereof). In addition to the insurance coverages described in Section 5.1.1 6.1 above, Borrowers Borrower shall obtain such other insurance as may from time to time be reasonably required by Lender in order to protect its interests. Within thirty (30) days after request by Lender, Borrowers Borrower shall obtain such increases in the amounts of coverage required hereunder as may be reasonably requested by Lender, taking into consideration changes in the value of money over time, changes in liability laws, changes in prudent customs and practices, and the like.

Appears in 1 contract

Samples: Loan Agreement (Thomas Properties Group Inc)

Insurance Company. All The Policies required pursuant to Section 5.1.1: (a) shall be issued by financially sound and responsible insurance companies licensed authorized to do business in the state or commonwealth where in which the Properties are located, with Property is located and having a financial strength and claims paying ability rating with the issuing companies and or within the reinsurance companies/organizations that reinsure 100% of at least A:X from A.M. Best Company and the risks of the issuing companies, of “A” or better by S&P and the equivalent Fitch and an insurance financial strength rating of “Aa2” by at least one other Rating Agency; (b) shall, with respect to all property insurance policies, name Lender and its successors and/or assigns as their interest may appear as the lender and mortgagee; (c) shall, with respect to all property insurance policies and rental loss and/or business income interruption insurance policies, contain a Standard Mortgagee Clause and a Lender’s Loss Payable Endorsement, or their equivalents, naming Lender as the person to whom all payments made by such insurance company shall be paid; (d) shall, with respect to all liability policies, name Lender and its successors and/or assigns as an additional insured; (e) shall contain a waiver of subrogation against Lender; (f) shall contain such provisions as Lender deems reasonably necessary or desirable to protect its interest, including endorsements providing that none of any Borrower, Operating Lessee, Lender or any other party shall be a co-insurer under said Policies and that Lender shall receive at least thirty (30) days’ (or, in the case of cancellation for non-payment of any premium, ten (10) days’) prior written notice of any modification, reduction or cancellation; and (g) shall be satisfactory in form and substance to Lender and shall be approved by Lender as to amounts, form, risk coverage, deductibles, loss payees and insureds. Borrowers shall arrange for delivery of the following materials to Lender, c/o UBS Real Estate Investments Inc., 1285 Avenue of the Xxxxxxxx, 00xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention: Xxxxxx Xxxxxxxxx, Director: (i) on or before the date hereof, certificates of insurance in form and substance reasonably acceptable to Lender evidencing the coverage provided by the Policies, together with certified copies of the Policies or true and correct specimens of the Policies, (ii) not less than ten (10) days prior to the expiration of any Policy, a certificate of insurance in form and substance reasonably acceptable to Lender evidencing the renewal of such Policy and describing the coverage provided by such Policy, and (iii) within sixty (60) days after the effective date of any renewal Policies, certified copies of such Policies or true and correct specimens of such Policies. Borrowers shall pay the Insurance Premiums annually in advance as the same become due and payable and shall furnish to Lender evidence of the renewal of each of the Policies with receipts for the payment of the Insurance Premiums or other evidence of such payment reasonably satisfactory to Lender Mxxxx’x (provided, however, (A) if more than one (1) but less than five (5) insurance companies issue the Policies required hereunder, then at least seventy-five percent (75%) of the applicable insurance coverages represented by the Policies required hereunder must be provided by insurance companies having a credit rating of “A” or better by S&P (or the equivalent rating by Mxxxx and Fitch) and the balance of the applicable insurance coverages represented by the Policies required hereunder must be provided by insurance companies having a credit rating of “A” or better by S&P (or the equivalent rating by Mxxxx and Fitch), or (B) if five (5) or more insurance companies issue the Policies required hereunder, then at least seventy percent (70%) of the applicable insurance coverages required hereunder must be provided by insurance companies having a credit rating of “A-” or better by S&P (or the equivalent rating by Mxxxx and Fitch) and at least 95% of the total of the applicable insurance coverages required hereunder must be provided by insurance companies having a credit rating of “BBB” or better by S&P (or the equivalent rating by Mxxxx and Fitch); provided further, however, that Borrowers in no event shall any insurance company providing primary insurance coverage hereunder have a credit rating of less than “A” by S&P (or the equivalent rating by Mxxxx and Fitch)). If a Securitization occurs, the foregoing required insurance company rating by a Rating Agency not rating any Securities shall be disregarded. If a Securitization occurs and S&P is not a Rating Agency, each of the insurance companies shall have the ratings from Fitch and Mxxxx’x as provided above; provided, however, if Fitch or Mxxxx’x shall not provide a rating for an insurance company, then an A.M. Best rating of A(X) shall be substituted for an S&P rating of “A-” or better and an A.M. Best rating of A-VIII for each of the other foregoing rating requirements of S&P, Fitch or Mxxxx’x, as applicable. Notwithstanding the foregoing, Borrower shall be permitted to maintain the Policies required hereunder with insurance companies which do not meet the foregoing requirements (an “Otherwise Rated Insurer”), provided Borrower obtains a “cut-through” endorsement (that is, an endorsement which permits recovery against the provider of such endorsement) with respect to pay any Otherwise Rated Insurer from an insurance company which meets the claims paying ability ratings required above. Moreover, if Borrower desires to maintain insurance required hereunder from an insurance company which does not meet the claims paying ability ratings set forth herein but the parent of such Insurance Premiums nor furnish insurance company, which owns at least fifty-one percent (51%) of such evidence of payment to Lender in insurance company, maintains such ratings, Borrower may use such insurance companies if approved by the event Rating Agencies (such approval may be conditioned on items required by the Rating Agencies including a requirement that the amounts required to pay parent guarantee the obligations of such Insurance Premiums have been deposited into the Insurance Account pursuant to Section 6.4 hereofinsurance company). In addition to the insurance coverages described in Section 5.1.1 above, Borrowers shall obtain such other insurance as may from time to time be reasonably required by Lender in order to protect its interests. Within thirty (30) days after request by Lender, Borrowers shall obtain such increases in the amounts of coverage required hereunder as may be reasonably requested by Lender, taking into consideration changes in the value of money over time, changes in liability laws, changes in prudent customs and practices, and the like.

Appears in 1 contract

Samples: Loan Agreement (Trizec Properties Inc)

Insurance Company. All Policies required pursuant to Section 5.1.1: (a5.1.1(a) shall (i) be issued by companies licensed eligible to do business in the state or commonwealth where the Properties are Insured Property is located, with a financial strength and claims paying ability rating of at least A:X from A.M. Best Company and “A” or better by S&P and and, if the Loan is part of a Securitization, the equivalent rating by any other Rating Agency that rates the Securities and actually provides insurance ratings for such carriers and, in all circumstances, satisfying the Two Agency Rating Test, provided, however for multi-layered policies (“Multi-Layered Policies”), (A) if four (4) or fewer insurance companies issue the Policies, then (x) at least one seventy-five percent (75%) of the insurance coverage represented by the Policies (the “75% Coverage”) must be provided by insurance companies with a claims paying ability rating of “A” or better by S&P (and, if the Loan is part of a Securitization, the equivalent by any other Rating AgencyAgency that rates the Securities and actually provides insurance ratings for such carriers), with no carriers below “BBB” by S&P (and, if the Loan is part of a Securitization, the equivalent by any other Rating Agency that rates the Securities and actually provides insurance ratings for such carriers) and (y) all carriers satisfy the Two Agency Rating Test, or (B) if five (5) or more insurance companies issue the Policies, then (x) at least sixty percent (60%) of the insurance coverage represented by the Policies (the “60% Coverage”) must be provided by insurance companies with a claims paying ability rating of “A” or better by S&P (and, if the Loan is part of a Securitization, the equivalent by any other Rating Agency that rates the Securities and actually provides insurance ratings for such carriers) with no carriers below “BBB” by S&P (and, if the Loan is part of a Securitization, the equivalent by any other Rating Agency that rates the Securities and actually provides insurance ratings for such carriers) and (y) all carriers satisfy the Two Agency Rating Test; (bii) shall, with respect to all property insurance policies, name Lender and its successors and/or assigns as their interest may appear as the lender and mortgagee; (c) shall, with respect to all property insurance policies and rental loss and/or business income interruption insurance policies, contain a Standard Mortgagee Clause and a Lender’s Loss Payable Endorsement, or their equivalents, naming Lender as the person to whom all payments made by such insurance company shall be paid; (d) shall, with respect to all liability policies, name Lender and its successors and/or assigns as an additional insured; (e) shall contain a waiver of subrogation against Lender; (f) shall contain such provisions as Lender deems reasonably necessary or desirable to protect its interest, interest including endorsements providing (A) that none of any neither Borrower, Operating Lessee, Lender or nor any other party shall be a co-insurer under said Policies and (B) for a deductible per loss of an amount not more than that Lender shall receive at least thirty which is customarily maintained by prudent owners of properties with a standard of operation and maintenance comparable to and in the general vicinity of the Insured Property; and (30iii) days’ (orcontain a waiver of subrogation against Lender. Notwithstanding the foregoing, in the event that the insurance required hereunder is maintained through a Multi-Layered Policy, Borrower shall be permitted to maintain the Policies for the coverage required by Section 5.1.1(i) above with insurance companies which do not meet the foregoing requirements through a licensed captive insurance company reasonably acceptable to Lender which is owned by ALX (an “Otherwise Rated Insurer”), provided Borrower obtains a “cut-through” endorsement (that is, an endorsement which permits recovery against the provider of such endorsement if the insurer becomes insolvent), and reinsurance, in each case reasonably acceptable to Lender and a Rating Agency that rates the Securities with respect to any Otherwise Rated Insurer from an insurance company which meets the claims-paying ability ratings required above or such higher rating (not to exceed A+ by S&P) as may be required by a Rating Agency. Copies of cancellation for non-payment the Policies shall be delivered to Lender at the address below (or to such other address or Person as Lender shall designate from time to time by written notice to Borrower) on the date hereof with respect to the current Policies (or binders to be followed by the Policies to the extent such Policies are newly bound and have not been issued as of any premium, the date hereof) and within ten (10) days’) prior written notice of any modificationBusiness Days after the receipt and approval by Borrower thereof with respect to all renewal Policies: DEUTSCHE BANK AG, reduction or cancellation; and (g) shall be satisfactory in form and substance to Lender and shall be approved by Lender as to amounts, form, risk coverage, deductibles, loss payees and insureds. Borrowers shall arrange for delivery of the following materials to Lender, c/o UBS Real Estate Investments Inc., 1285 Avenue of the XxxxxxxxNEW YORK BRANCH 00 Xxxx Xxxxxx, 00xx Xxxxx, Xxxxx Xxx Xxxx, XX 00000 Attn: Xxxxx Xxxxxxxx CITIGROUP GLOBAL MARKETS REALTY CORP. 000 Xxxxxxxxx Xxxxxx, 0xx Xxxxx Xxx Xxxx, XX 00000 Attention: Xxx Xxxx 00000, Attention: Xxxxxx Xxxxxxxxx, Director: (i) on or before the date hereof, certificates of insurance in form and substance reasonably acceptable to Lender evidencing the coverage provided by the Policies, together with certified copies of the Policies or true and correct specimens of the Policies, (ii) not less than ten (10) days prior to the expiration of any Policy, a certificate of insurance in form and substance reasonably acceptable to Lender evidencing the renewal of such Policy and describing the coverage provided by such Policy, and (iii) within sixty (60) days after the effective date of any renewal Policies, certified copies of such Policies or true and correct specimens of such Policies. Borrowers Xxxxxxx Borrower shall pay the Insurance Premiums annually in advance full as the same become due and payable and shall furnish to Lender evidence of the renewal of each of the Policies with receipts for the payment of the Insurance Premiums or other evidence of such payment reasonably satisfactory to Lender (provided, however, that Borrowers Borrower shall not be required to pay such Insurance Premiums nor furnish such evidence of payment to Lender in the event that the amounts required to pay such Insurance Premiums have been deposited into the Insurance Account pursuant to Section 6.4 hereof). In addition to the insurance coverages described in Section 5.1.1 above, Borrowers shall obtain such other insurance as may from time to time be reasonably required by Lender in order to protect its interests. Within thirty (30) days after request by Lender, Borrowers shall obtain such increases in the amounts of coverage required hereunder as may be reasonably requested by Lender, taking into consideration changes in the value of money over time, changes in liability laws, changes in prudent customs and practices, and the like.

Appears in 1 contract

Samples: Loan Agreement (Alexanders Inc)

Insurance Company. All Policies required pursuant to Section 5.1.1: 5.1.1 (ai) shall be issued by companies licensed authorized to do business in the state or commonwealth where the Properties are Property is located, with a financial strength and claims paying ability rating of at least A:X from A.M. Best Company and “A” or better by S&P and the equivalent rating by at least one other Rating AgencyS&P; (bii) shall, with respect to all property insurance policies, name Lender and its successors and/or assigns as their interest may appear as the lender Lender and mortgageeMortgagee; (ciii) shall, with respect to all property insurance policies and rental loss and/or business income interruption insurance policies, contain a Standard Mortgagee Clause and a Lender’s Loss Payable Endorsement, or their equivalents, naming Lender as the person to whom which all payments made by such insurance company shall be paid; (div) shall, with respect to all liability policies, name Lender and its successors and/or assigns as an additional insured; (ev) shall contain a waiver of subrogation against Lender; (fvi) shall contain such provisions as Lender deems reasonably necessary or desirable to protect its interest, interest including endorsements providing that none of any neither Borrower, Operating Lessee, Lender or nor any other party shall be a co-insurer under said Policies and that Lender shall receive at least thirty (30) days’ (or, in the case of cancellation for non-payment of any premium, ten (10) days’) days prior written notice of any modification, reduction or cancellation; and (gvii) shall be satisfactory in form and substance to Lender and shall be approved by Lender as to amounts, form, risk coverage, deductibles, loss payees and insureds. Borrowers shall arrange for delivery Certified copies of the following materials Policies shall be delivered to Lender, c/o UBS Real Estate Investments Inc., 1285 Avenue of the Xxxxxxxxat 000 Xxxxx Xxxxxxxxx Xxxxx, 00xx Xxxxx, Xxx XxxxXxxxxxx, Xxx Xxxx Xxxxxxxx 00000, Attention: Xxxxxx XxxxxxxxxXxxxxxx Xxxxxxx, Director: (i) on or before the date hereof, certificates of insurance in form and substance reasonably acceptable to Lender evidencing the coverage provided by the Policies, together hereof with certified copies of the Policies or true and correct specimens of the Policies, (ii) not less than ten (10) days prior respect to the expiration of any Policy, a certificate of insurance in form current Policies and substance reasonably acceptable to Lender evidencing the renewal of such Policy and describing the coverage provided by such Policy, and within thirty (iii) within sixty (6030) days after the effective date of any thereof with respect to all renewal Policies, certified copies of such Policies or true and correct specimens of such Policies. Borrowers Borrower shall pay the Insurance Premiums annually in advance as the same become due and payable and shall furnish to Lender evidence of the renewal of each of the Policies with receipts for the payment of the Insurance Premiums or other evidence of such payment reasonably satisfactory to Lender (provided, however, that Borrowers Borrower shall not be required to pay such Insurance Premiums nor furnish such evidence of payment to Lender in the event that the amounts required to pay such Insurance Premiums have been deposited into an account subject to the Insurance Account pursuant to Section 6.4 hereof)sole dominion and control of Lender. In addition to the insurance coverages described in Section 5.1.1 5.1.1) above, Borrowers Borrower shall obtain such other insurance as may from time to time be reasonably required by Lender in order to protect its interests. Within thirty (30) days after request by Lender, Borrowers Borrower shall obtain such increases in the amounts of coverage required hereunder as may be reasonably requested by Lender, taking into consideration changes in the value of money over time, changes in liability laws, changes in prudent customs and practices, and the like.

Appears in 1 contract

Samples: Loan Agreement (O'Donnell Strategic Industrial REIT, Inc.)

Insurance Company. All The Policies required pursuant to Section 5.1.1: (a) shall be issued by financially sound and responsible insurance companies licensed authorized to do business in the state or commonwealth where states in which the Properties are located, with located and each having a financial strength and claims paying ability rating of at least A:X from A.M. Best Company and (1) “A” or better by S&P and “A2” or better by Mxxxx’x, to the equivalent rating extent Mxxxx’x rates the Securities and rates the insurance companies, and “A” or better by Fitch, to the extent Fitch rates the Securities and rates the insurance companies, (provided, however for multi-layered policies, (A) if four (4) or fewer insurance companies issue the Policies for the Collective Properties, then at least one other Rating Agency; seventy-five percent (b75%) shallof the required coverage shall be provided by insurance companies with a rating of “A” or better by S&P and “A2” or better by Mxxxx’x, to the extent Mxxxx’x rates the Securities and rates the insurance companies, and “A” or better by Fitch, to the extent Fitch rates the Securities and rates the insurance companies, with respect no remaining carrier below “BBB” by S&P and “Baa2” or better by Mxxxx’x, to all property the extent Mxxxx’x rates the Securities and rates the insurance policiescompanies, name Lender and its successors and/or assigns as their interest may appear as “BBB” or better by Fitch, to the lender extent Fitch rates the Securities and mortgagee; rates the insurance companies, or (cB) shallif five (5) or more insurance companies issue the Policies for the Collective Properties, then at least sixty percent (60%) of the required coverage shall be provided by insurance companies with a rating of “A” or better by S&P and “A2” or better by Mxxxx’x, to the extent Mxxxx’x rates the Securities and rates the insurance companies, and “A” or better by Fitch, to the extent Fitch rates the Securities and rates the insurance companies, with respect no remaining carrier below “BBB” by S&P and “Baa2” or better by Mxxxx’x, to all property the extent Mxxxx’x rates the Securities and rates the insurance policies companies, and rental loss and/or business income interruption “BBB” or better by Fitch, to the extent Fitch rates the Securities and rates the insurance policiescompanies), contain and (2) a Standard Mortgagee Clause and a Lenderrating of A:X or better in the current Best’s Loss Payable EndorsementInsurance Reports, or their equivalentsprovided, naming Lender as the person to whom all payments made by such insurance company shall be paid; (d) shall, with respect to all liability policies, name Lender and its successors and/or assigns as an additional insured; (e) shall contain a waiver of subrogation against Lender; (f) shall contain such provisions as Lender deems reasonably necessary or desirable to protect its interest, including endorsements providing that none of any Borrower, Operating Lessee, Lender or any other party shall be a co-insurer under said Policies and that Lender shall receive at least thirty (30) days’ (orthat, in the case of cancellation for non-payment of any premium, ten (10) days’) prior written notice of any modification, reduction or cancellation; and (g) shall be satisfactory in form and substance to Lender and shall be approved by Lender as to amounts, form, risk coverage, deductibles, loss payees and insureds. Borrowers shall arrange for delivery event during the term of the following materials to Lender, c/o UBS Real Estate Investments Inc., 1285 Avenue Loan the ratings criteria of the Xxxxxxxx, 00xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention: Xxxxxx Xxxxxxxxx, Director: (i) on or before the date hereof, certificates of insurance in form and substance reasonably acceptable to Lender evidencing the coverage provided by the Policies, together with certified copies Rating Agencies rating any of the Policies or true and correct specimens Securities for insurance providers is lowered, upon receipt of the Policiesa Rating Agency Confirmation, (ii) not less than ten (10) days prior to the expiration of any Policy, a certificate of insurance in form and substance reasonably acceptable to Lender evidencing the renewal of such Policy and describing the coverage provided by such Policy, and (iii) within sixty (60) days after the effective date of any renewal Policies, certified copies of such Policies or true and correct specimens of such Policies. Borrowers shall pay the Insurance Premiums annually in advance as the same become due and payable and shall furnish to Lender evidence of the renewal of each of permit the Policies to be maintained in accordance with receipts for the payment of the Insurance Premiums or other evidence of such payment reasonably satisfactory to Lender (provided, however, that Borrowers shall not be required to pay such Insurance Premiums nor furnish such evidence of payment to Lender in the event that the amounts required to pay such Insurance Premiums have been deposited into the Insurance Account pursuant to Section 6.4 hereof). In addition to the insurance coverages described in Section 5.1.1 above, Borrowers shall obtain such other insurance as may from time to time be reasonably required by Lender in order to protect its interests. Within thirty (30) days after request by Lender, Borrowers shall obtain such increases in the amounts of coverage required hereunder as may be reasonably requested by Lender, taking into consideration changes in the value of money over time, changes in liability laws, changes in prudent customs and practices, and the likenew Rating Agency criteria.

Appears in 1 contract

Samples: Loan Agreement (Industrial Logistics Properties Trust)

Insurance Company. All The Policies required pursuant to Section 5.1.1: (a) shall be issued by financially sound and responsible insurance companies licensed authorized to do business in the state or commonwealth where the Properties are located, with State and each having a financial strength and claims paying ability rating of at least A:X from A.M. Best Company and (1) “A” or better by S&P and “A2” or better by Xxxxx’x, to the equivalent rating extent Xxxxx’x rates the Securities and rates the insurance companies, and “A” or better by Fitch, to the extent Fitch rates the Securities and rates the insurance companies, (provided, however for multi-layered policies, (A) if four (4) or fewer insurance companies issue the Policies for the Collective Properties, then at least one other Rating Agency; seventy-five percent (b75%) shallof the required coverage shall be provided by insurance companies with a rating of “A” or better by S&P and “A2” or better by Moody’s, to the extent Moody’s rates the Securities and rates the insurance companies, and “A” or better by Fitch, to the extent Fitch rates the Securities and rates the insurance companies, with respect no remaining carrier below “BBB” by S&P and “Baa2” or better by Moody’s, to all property the extent Moody’s rates the Securities and rates the insurance policiescompanies, name Lender and its successors and/or assigns as their interest may appear as “BBB” or better by Fitch, to the lender extent Fitch rates the Securities and mortgagee; rates the insurance companies, or (cB) shallif five (5) or more insurance companies issue the Policies for the Collective Properties, then at least sixty percent (60%) of the required coverage shall be provided by insurance companies with a rating of “A” or better by S&P and “A2” or better by Moody’s, to the extent Moody’s rates the Securities and rates the insurance companies, and “A” or better by Fitch, to the extent Fitch rates the Securities and rates the insurance companies, with respect to all property insurance policies no remaining carrier below “BBB” by S&P and rental loss and/or business income interruption insurance policies“Baa2” or better by Moody’s, contain a Standard Mortgagee Clause and a Lender’s Loss Payable Endorsement, or their equivalents, naming Lender as the person to whom all payments made by such insurance company shall be paid; (d) shall, with respect to all liability policies, name Lender and its successors and/or assigns as an additional insured; (e) shall contain a waiver of subrogation against Lender; (f) shall contain such provisions as Lender deems reasonably necessary or desirable to protect its interest, including endorsements providing that none of any Borrower, Operating Lessee, Lender or any other party shall be a co-insurer under said Policies and that Lender shall receive at least thirty (30) days’ (or, in the case of cancellation for non-payment of any premium, ten (10) days’) prior written notice of any modification, reduction or cancellation; and (g) shall be satisfactory in form and substance to Lender and shall be approved by Lender as to amounts, form, risk coverage, deductibles, loss payees and insureds. Borrowers shall arrange for delivery of the following materials to Lender, c/o UBS Real Estate Investments Inc., 1285 Avenue of the Xxxxxxxx, 00xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention: Xxxxxx Xxxxxxxxx, Director: (i) on or before the date hereof, certificates of insurance in form and substance reasonably acceptable to Lender evidencing the coverage provided by the Policies, together with certified copies of the Policies or true and correct specimens of the Policies, (ii) not less than ten (10) days prior to the expiration of any Policyextent Moody’s rates the Securities and rates the insurance companies, a certificate of and “BBB” or better by Fitch, to the extent Fitch rates the Securities and rates the insurance in form and substance reasonably acceptable to Lender evidencing the renewal of such Policy and describing the coverage provided by such Policycompanies, and (iii2) a rating of A:VIII or better in the current Best’s Insurance Reports. Notwithstanding the foregoing, Borrower may continue to use Xxxxxxxx Re, Ltd. (Bermuda), rated “A- XIV” with AM Best, in its current position and participation amounts within sixty (60) days after the effective date of any renewal Policies, certified copies of such Policies or true and correct specimens of such Policies. Borrowers shall pay the Insurance Premiums annually in advance as the same become due and payable and shall furnish to Lender evidence syndicate of the property program, provided that (x) the rating of Xxxxxxxx Re, Ltd. (Bermuda) is not withdrawn or downgraded below the date hereof and (y) at renewal of each of the Policies current policy term on June 30, 2019, Borrower shall replace Xxxxxxxx Re, Ltd. (Bermuda) with receipts for insurance companies meeting the payment of the Insurance Premiums or other evidence of such payment reasonably satisfactory to Lender (provided, however, that Borrowers shall not be required to pay such Insurance Premiums nor furnish such evidence of payment to Lender in the event that the amounts required to pay such Insurance Premiums have been deposited into the Insurance Account pursuant to Section 6.4 hereof). In addition to the insurance coverages described in Section 5.1.1 above, Borrowers shall obtain such other insurance as may from time to time be reasonably required by Lender in order to protect its interests. Within thirty (30) days after request by Lender, Borrowers shall obtain such increases in the amounts of coverage required hereunder as may be reasonably requested by Lender, taking into consideration changes in the value of money over time, changes in liability laws, changes in prudent customs and practices, and the likerating requirements set forth hereinabove.

Appears in 1 contract

Samples: Loan Agreement (Industrial Logistics Properties Trust)

Insurance Company. All Policies required pursuant to Section 5.1.1: 5.1.1 (ai) shall be issued by companies licensed approved to do business in the state or commonwealth states where the Properties are located, with (1) a financial strength and claims paying ability rating of at least A:X from A.M. Best Company and (x) “A” or better by S&P and (y) “A2” or better by Moody’s, to the equivalent rating by extent Moody’s rates the Securities and rates the applicable insurer (provided, however for multi-layered policies, (A) if four (4) or fewer insurance companies issue the Policies, then at least one other Rating Agencyseventy-five percent (75%) of the insurance coverage represented by the Policies must be provided by insurance companies with a rating of “A” or better by S&P and “A2” or better by Moody’s, to the extent Moody’s rates the Securities and rates the applicable insurer, with no remaining carrier below “BBB” by S&P and “Baa2” or better by Moody’s, to the extent Moody’s rates the Securities and rates the applicable insurer, or (B) if five (5) or more insurance companies issue the Policies, then at least sixty percent (60%) of the insurance coverage represented by the Policies must be provided by insurance companies with a rating of “A” or better by S&P and “A2” or better by Moody’s, to the extent Moody’s rates the Securities and rates the applicable insurer, with no remaining carrier below “BBB” and “Baa2” or better by Moody’s, to the extent Moody’s rates the Securities and rates the applicable insurer, and (2) a rating of A:X or better by A.M. Best; (b) shall, with respect to all property insurance policies, name Lender and its successors and/or assigns as their interest may appear as the lender and mortgagee; (cii) shall, with respect to all property insurance policies and rental loss and/or business income interruption insurance policies, contain a Standard Mortgagee Clause and a Clause/Lender’s Loss Payable Endorsement, or their equivalents, naming Lender as the person to whom all payments made by such insurance company shall be paid; (d) shall, with respect to all liability policies, name Lender and its successors and/or assigns as an additional insured; (eiii) shall contain a waiver of subrogation against Lender; (fiv) shall contain such provisions as Lender deems reasonably necessary or desirable to protect its interest, interest including endorsements providing (A) that none of any neither Borrower, Operating LesseeMezzanine A Borrower, Owner, Lender or nor any other party shall be a co-insurer under said Policies Policies, and (B) except as otherwise permitted herein, for a deductible per loss acceptable to Lender but in no event in an amount greater than that Lender shall receive at least thirty (30) days’ (or, which is customarily maintained by prudent owners of properties with a standard of operation and maintenance comparable to and in the case general vicinity of cancellation the Properties and as is generally allowed by prudent institutional commercial mortgage lenders originating comparable mortgage loans for non-payment of any premium, ten (10) days’) prior written notice of any modification, reduction or cancellationsecuritization; and (gv) shall be satisfactory in form and substance to Lender and shall be approved by Lender as to amounts, form, risk coverage, deductibles, loss payees and insureds. Borrowers In addition to the insurance coverages described in Section 5.1.1 above, Borrower shall arrange for delivery of the following materials obtain (or cause Owner to Lender, c/o UBS Real Estate Investments Inc., 1285 Avenue of the Xxxxxxxx, 00xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention: Xxxxxx Xxxxxxxxx, Director: (iobtain) on or before the date hereof, certificates of such other insurance as may from time to time be required by Lender in form and substance reasonably acceptable order to Lender evidencing the coverage provided by the Policies, together with certified protect its interests. Complete copies of the Policies shall be delivered to Lender at the address below (or true and correct specimens of to such other address or Person as Lender shall designate from time to time by notice to Borrower) on the Policies, (ii) not less than ten (10) days prior date hereof with respect to the expiration of any Policy, a certificate of insurance in form current Policies and substance reasonably acceptable to Lender evidencing the renewal of such Policy and describing the coverage provided by such Policy, and within thirty (iii) within sixty (6030) days after the effective date of any thereof with respect to all renewal Policies: Mxxxxx Sxxxxxx Bank, certified copies of such Policies or true and correct specimens of such Policies. Borrowers N.A. 1000 Xxxxxxxx, 00xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Gxxxxx Xxx Borrower shall cause Owner to pay the Insurance Premiums annually in advance as the same become due and payable and shall furnish to Lender evidence of the renewal of each of the Policies with receipts for the payment of the Insurance Premiums or other evidence of such payment reasonably satisfactory to Lender (provided, however, that Borrowers Borrower shall not be required to pay such Insurance Premiums nor furnish such evidence of payment to Lender in the event that the amounts required to pay such Insurance Premiums have been deposited into the Insurance Account pursuant to Section 6.4 hereofof the Mortgage Loan Agreement or any Insurance Account pursuant to Section 6.4 of the Mezzanine A Loan Agreement). In addition to the insurance coverages described in Section 5.1.1 above, Borrowers shall obtain such other insurance as may from time to time be reasonably required by Lender in order to protect its interests. Within thirty (30) days after request by Lender, Borrowers Borrower shall obtain (or cause Owner to obtain) such increases in the amounts of coverage required hereunder as may be reasonably requested by Lender, taking into consideration changes in the value of money over time, changes in liability laws, changes in prudent customs and practices, and the like.

Appears in 1 contract

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

Insurance Company. All Policies required pursuant to Section 5.1.1: , (ai) shall be issued by companies authorized or licensed to do business in the state or commonwealth where the Properties are located, with (1) a financial strength and claims paying ability rating of (x) “A” or better by S&P and, (y) “A2” or better by Mxxxx’x, to the extent Mxxxx’x rates the insurance company and rates the Securities; provided, however for multi-layered policies, (A) if four (4) or fewer insurance companies issue the Policies, then at least A:X from A.M. Best Company and 75% of the insurance coverage represented by the Policies must be provided by insurance companies with a rating of “A” or better by S&P and “A2” or better by Mxxxx’x, to the equivalent rating extent Mxxxx’x rates the insurance company and rates the Securities, with no carrier below “BBB” by S&P and “Baa2” or better by Mxxxx’x, to the extent Mxxxx’x rates the insurance company and rates Securities, or (B) if five (5) or more insurance companies issue the Policies, then at least one other Rating Agencysixty percent (60%) of the insurance coverage represented by the Policies must be provided by insurance companies with a rating of “A” or better by S&P and “A2” or better by Mxxxx’x, to the extent Mxxxx’x rates the insurance company and rates the Securities, with no carrier below “BBB” by S&P and “Baa2” or better by Mxxxx’x, to the extent Mxxxx’x rates the insurance company and rates the Securities, and (2) a rating of A:X or better in the current Best’s Insurance Reports; (b) shall, with respect to all property insurance policies, name Lender and its successors and/or assigns as their interest may appear as the lender and mortgagee; (cii) shall, with respect to all property insurance policies and rental loss and/or business income interruption insurance policies, contain a Standard Mortgagee Clause and a Clause/Lender’s Loss Payable Endorsement, or their equivalents, naming Lender Agent (on behalf of Lenders) as the person to whom all payments made by such insurance company shall be paid; (d) shall, with respect to all liability policies, name Lender and its successors and/or assigns as an additional insured; (eiii) shall contain a waiver of subrogation against LenderAgent; (fiv) shall contain such provisions as Lender Agent deems reasonably necessary or desirable to protect its interest, interest including endorsements providing (A) that none of any neither Borrower, Operating LesseeAgent, Lender or nor any other party shall be a co-insurer under said Policies Policies, and (B) for a deductible per loss of an amount not more than that Lender shall receive at least thirty (30) days’ (or, which is customarily maintained by prudent owners of properties with a standard of operation and maintenance comparable to and in the case general vicinity of cancellation for non-payment such Property, but in no event in excess of any premium, ten (10) days’) prior written notice of any modification, reduction or cancellationan amount reasonably acceptable to Agent; and (gv) shall be reasonably satisfactory in form and substance to Lender Agent and shall be reasonably approved by Lender Agent as to amounts, form, risk coverage, deductibles, loss payees and insureds. Borrowers In addition to the insurance coverages described in Section 5.1.1 above, Borrower shall arrange obtain such other insurance as may from time to time be reasonably required by Agent in order to protect its interests and which covers risks that are commonly insured for delivery of properties similar to the following materials to Lender, c/o UBS Real Estate Investments Inc., 1285 Avenue of Properties located in or around the Xxxxxxxx, 00xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention: Xxxxxx Xxxxxxxxx, Director: (i) on or before region in which the date hereof, certificates of insurance in form and substance reasonably acceptable to Lender evidencing the coverage provided by the Policies, together with certified Properties are located. Certified copies of the Policies shall be delivered to Agent at the address below (or true and correct specimens of to such other address or Person as Agent shall designate from time to time by notice to Borrower) on the Policies, (ii) not less than ten (10) days prior date hereof with respect to the expiration of any Policy, a certificate of insurance in form current Policies and substance reasonably acceptable to Lender evidencing the renewal of such Policy and describing the coverage provided by such Policy, and within thirty (iii) within sixty (6030) days after the effective date of any thereof with respect to all renewal Policies: DEUTSCHE BANK AG, certified copies of such Policies or true and correct specimens of such Policies. Borrowers NEW YORK BRANCH, AS AGENT, its successors and/or assigns as their interest may appear 60 Xxxx Xxxxxx, 00xx Xxxxx Xxx Xxxx, XX 00000 Attn: Kxxxx Xxxxxxxx Borrower shall pay the Insurance Premiums annually in advance as the same become due and payable and shall furnish to Lender Agent evidence of the renewal of each of the Policies with receipts for the payment of the Insurance Premiums or other evidence of such payment reasonably satisfactory to Lender Agent (provided, however, that Borrowers Borrower shall not be required to pay such Insurance Premiums nor or furnish such evidence of payment to Lender Agent in the event that the amounts required to pay such Insurance Premiums have been deposited into the Insurance Account pursuant to Section 6.4 hereof). In addition to the insurance coverages described in Section 5.1.1 above, Borrowers shall obtain such other insurance as may from time to time be reasonably required by Lender in order to protect its interests. Within thirty (30) days after request by LenderAgent, Borrowers Borrower shall obtain such increases in the amounts of coverage required hereunder as may be reasonably requested by LenderAgent, taking into consideration changes in the value of money over time, changes in liability laws, and changes in prudent customs and practices, and the like.

Appears in 1 contract

Samples: Loan Agreement (Clipper Realty Inc.)

Insurance Company. All Policies required pursuant to Section 5.1.1: 5.1.1 (ai) shall be issued by companies licensed approved to do business in the state or commonwealth states where the Properties are located, with (1) a financial strength and claims paying ability rating of at least A:X from A.M. Best Company and (x) “A” or better by S&P and (y) “A2” or better by Moody’s, to the equivalent rating by extent Moody’s rates the Securities and rates the applicable insurer (provided, however for multi-layered policies, (A) if four (4) or fewer insurance companies issue the Policies, then at least one other Rating Agencyseventy-five percent (75%) of the insurance coverage represented by the Policies must be provided by insurance companies with a rating of “A” or better by S&P and “A2” or better by Moody’s, to the extent Moody’s rates the Securities and rates the applicable insurer, with no remaining carrier below “BBB” by S&P and “Baa2” or better by Moody’s, to the extent Moody’s rates the Securities and rates the applicable insurer, or (B) if five (5) or more insurance companies issue the Policies, then at least sixty percent (60%) of the insurance coverage represented by the Policies must be provided by insurance companies with a rating of “A” or better by S&P and “A2” or better by Moody’s, to the extent Moody’s rates the Securities and rates the applicable insurer, with no remaining carrier below “BBB” and “Baa2” or better by Moody’s, to the extent Moody’s rates the Securities and rates the applicable insurer, and (2) a rating of A:X or better by A.M. Best; (b) shall, with respect to all property insurance policies, name Lender and its successors and/or assigns as their interest may appear as the lender and mortgagee; (cii) shall, with respect to all property insurance policies and rental loss and/or business income interruption insurance policies, contain a Standard Mortgagee Clause and a Clause/Lender’s Loss Payable Endorsement, or their equivalents, naming Lender as the person to whom all payments made by such insurance company shall be paid; (d) shall, with respect to all liability policies, name Lender and its successors and/or assigns as an additional insured; (eiii) shall contain a waiver of subrogation against Lender; (fiv) shall contain such provisions as Lender deems reasonably necessary or desirable to protect its interest, interest including endorsements providing (A) that none of any neither Borrower, Operating LesseeOwner, Lender or nor any other party shall be a co-insurer under said Policies Policies, and (B) in addition to complying with any other requirements expressly set forth in Section 5.1, for a deductible per loss acceptable to Lender but in no event in an amount greater than that Lender shall receive at least thirty (30) days’ (or, which is customarily maintained by prudent owners of properties with a standard of operation and maintenance comparable to and in the case general vicinity of cancellation the Properties and as is generally allowed by prudent institutional commercial mortgage lenders originating comparable mortgage loans for non-payment of any premium, ten (10) days’) prior written notice of any modification, reduction or cancellationsecuritization; and (gv) shall be satisfactory in form and substance to Lender and shall be approved by Lender as to amounts, form, risk coverage, deductibles, loss payees and insureds. Borrowers In addition to the insurance coverages described in Section 5.1.1 above, Borrower shall arrange for delivery of the following materials obtain (or cause Owner to Lender, c/o UBS Real Estate Investments Inc., 1285 Avenue of the Xxxxxxxx, 00xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention: Xxxxxx Xxxxxxxxx, Director: (iobtain) on or before the date hereof, certificates of such other insurance as may from time to time be required by Lender in form and substance reasonably acceptable order to Lender evidencing the coverage provided by the Policies, together with certified protect its interests. Complete copies of the Policies shall be delivered to Lender at the address below (or true and correct specimens of to such other address or Person as Lender shall designate from time to time by notice to Borrower) on the Policies, (ii) not less than ten (10) days prior date hereof with respect to the expiration of any Policy, a certificate of insurance in form current Policies and substance reasonably acceptable to Lender evidencing the renewal of such Policy and describing the coverage provided by such Policy, and within thirty (iii) within sixty (6030) days after the effective date of any thereof with respect to all renewal Policies: German American Capital Corporation 60 Xxxx Xxxxxx, certified copies of such Policies or true and correct specimens of such Policies. Borrowers 00xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Kxxxx Xxxxxxxx Borrower shall cause Owner to pay the Insurance Premiums annually in advance as the same become due and payable and shall furnish to Lender evidence of the renewal of each of the Policies with receipts for the payment of the Insurance Premiums or other evidence of such payment reasonably satisfactory to Lender (provided, however, that Borrowers Borrower shall not be required to pay such Insurance Premiums nor furnish such evidence of payment to Lender in the event that the amounts required to pay such Insurance Premiums have been deposited into the Insurance Account pursuant to Section 6.4 hereofof the Mortgage Loan Agreement). In addition to the insurance coverages described in Section 5.1.1 above, Borrowers shall obtain such other insurance as may from time to time be reasonably required by Lender in order to protect its interests. Within thirty (30) days after request by Lender, Borrowers Borrower shall obtain (or cause Owner to obtain) such increases in the amounts of coverage required hereunder as may be reasonably requested by Lender, taking into consideration changes in the value of money over time, changes in liability laws, changes in prudent customs and practices, and the like.

Appears in 1 contract

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

Insurance Company. All Policies required pursuant to Section 5.1.1: 5.1.1 (ai) shall be issued by companies licensed authorized to do business in the state or commonwealth where the Properties are located, with (1) a financial strength and claims paying ability rating of at least A:X from A.M. Best Company and (x) “A” or better by S&P and S&P, , however for multi-layered policies, (A) if four (4) or less insurance companies issue the equivalent rating by Policies, then at least one other Rating Agency75% of the insurance coverage represented by the Policies must be provided by insurance companies with a claims paying ability rating of “A” or better by S&P, with no carrier below “BBB” or (B) if five (5) or more insurance companies issue the Policies, then at least sixty percent (60%) of the insurance coverage represented by the Policies must be provided by insurance companies with a claims paying ability rating of “A” or better by S&P, with no carrier below “BBB”, and (2) a rating of “A:X” or better in the current Best’s Insurance Reports; (bii) shall, with respect to all property insurance policies, name Lender and its successors and/or assigns as their interest may appear as the lender and mortgagee; (c) shall, with respect to all property insurance policies and rental loss and/or business income interruption insurance policies, contain a Standard Mortgagee Clause and a Clause/ Lender’s Loss Payable Endorsement, or their equivalents, naming Lender Agent (on behalf of Lenders) as the person to whom all payments made by such insurance company shall be paid; (d) shall, with respect to all liability policies, name Lender and its successors and/or assigns as an additional insured; (eii) shall contain a waiver of subrogation against LenderAgent; (fiv) shall contain such provisions as Lender Agent deems reasonably necessary or desirable to protect its interest, interest including endorsements providing (A) that none of any no Borrower, Operating LesseeAgent, Lender or any other party shall be a co-insurer under said Policies Policies, , and (B) for a deductible per loss of an amount not more than that Lender shall receive at least thirty (30) days’ (or, which is customarily maintained by prudent owners of properties with a standard of operation and maintenance comparable to and in the case general vicinity of cancellation for non-payment such Property, but in no event in excess of any premium, ten (10) days’) prior written notice of any modification, reduction or cancellationan amount reasonably acceptable to Agent; and (gv) shall be satisfactory in form and substance to Lender Agent and shall be approved by Lender Agent as to amounts, form, risk coverage, deductibles, loss payees and insureds. Borrowers shall arrange for delivery of the following materials to Lender, c/o UBS Real Estate Investments Inc., 1285 Avenue of the Xxxxxxxx, 00xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention: Xxxxxx Xxxxxxxxx, Director: (i) on or before the date hereof, certificates of insurance in form and substance reasonably acceptable to Lender evidencing the coverage provided by the Policies, together with certified copies of the Policies or true and correct specimens of the Policies, (ii) not less than ten (10) days prior to the expiration of any Policy, a certificate of insurance in form and substance reasonably acceptable to Lender evidencing the renewal of such Policy and describing the coverage provided by such Policy, and (iii) within sixty (60) days after the effective date of any renewal Policies, certified copies of such Policies or true and correct specimens of such Policies. Borrowers shall pay the Insurance Premiums annually in advance as the same become due and payable and shall furnish to Lender evidence of the renewal of each of the Policies with receipts for the payment of the Insurance Premiums or other evidence of such payment reasonably satisfactory to Lender (provided, however, that Borrowers shall not be required to pay such Insurance Premiums nor furnish such evidence of payment to Lender in the event that the amounts required to pay such Insurance Premiums have been deposited into the Insurance Account pursuant to Section 6.4 hereof). In addition to the insurance coverages described in Section 5.1.1 above, Borrowers shall obtain such other insurance as may from time to time be reasonably required by Lender Agent in order to protect its interests. Certificates of insurance evidencing the Policies shall be delivered to Agent at the address below (or to such other address or Person as Agent shall designate from time to time by notice to Borrowers) on the date hereof with respect to the current Policies and within thirty (30) days after the effective date thereof with respect to all renewal Policies: Midland Loan Services Attn: Bank Servicing Group 00000 Xxxxxx, Suite 700 Overland Park, KS 66210 Borrowers shall pay the Insurance Premiums annually in advance as the same become due and payable and shall furnish to Agent evidence of the renewal of each of the Policies with receipts for the payment of the Insurance Premiums or other evidence of such payment reasonably satisfactory to Agent (provided, however, that no Borrower shall be required to pay such Insurance Premiums nor furnish such evidence of payment to Agent in the event that the amounts required to pay such Insurance Premiums have been deposited into the Insurance Account pursuant to Section 6.4 hereof). Within thirty (30) days after request by LenderAgent, Borrowers shall obtain such increases in the amounts of coverage required hereunder as may be reasonably requested by LenderAgent, taking into consideration changes in the value of money over time, changes in liability laws, changes in prudent customs and practices, and the like.

Appears in 1 contract

Samples: Loan Agreement (Pacific Office Properties Trust, Inc.)

Insurance Company. All Policies required pursuant to Section 5.1.1: (ai) shall be issued by companies licensed to do business in the state or commonwealth where the Properties are Property is located, with a financial strength and claims paying ability rating of at least A:X from A.M. Best Company and “A” "AA" or better by S&P and Standard & Poor's Ratings Services, a division of the equivalent rating by at least one other Rating AgencyXxXxxx-Xxxx Companies, Inc.; (bii) shall, with respect to all property insurance policies, name Lender and its successors and/or assigns as their interest may appear as the lender Lender and mortgageeMortgagee; (ciii) shall, with respect to all property insurance policies and rental loss and/or business income interruption insurance policies, contain a Standard Mortgagee Clause and a Lender’s 's Loss Payable Endorsement, or their equivalents, naming Lender as the person to whom which all payments made by such insurance company shall be paid; (div) shall, with respect to all liability policies, name March 31, 2003 -45- Lender and its successors and/or assigns as an additional insured; (ev) shall contain a waiver of subrogation against Lender; (fvi) shall contain such provisions as Lender deems reasonably necessary or desirable to protect its interest, interest including endorsements providing that none of any neither Borrower, Operating Lessee, Lender or nor any other party shall be a co-insurer under said Policies and that Lender shall receive at least thirty (30) days’ (or, in the case of cancellation for non-payment of any premium, ten (10) days’) days prior written notice of any modification, reduction or cancellation; and (gvii) shall be satisfactory in form and substance to Lender and shall be approved by Lender as to amounts, form, risk coverage, deductibles, loss payees and insureds. Borrowers shall arrange for delivery Certified copies of the following materials Policies shall be delivered to Lender, c/o UBS Warburg Real Estate Investments Inc., 1285 Avenue of the Xxxxxxxx, 00xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000, AttentionAttn: Xxxxxx Xxxxxxxxx, Director: (i) , on or before the date hereof, certificates of insurance in form and substance reasonably acceptable to Lender evidencing the coverage provided by the Policies, together hereof with certified copies of the Policies or true and correct specimens of the Policies, (ii) not less than ten (10) days prior respect to the expiration of any Policy, a certificate of insurance in form current Policies and substance reasonably acceptable to Lender evidencing the renewal of such Policy and describing the coverage provided by such Policy, and (iii) within sixty (60) 30 days after the effective date of any thereof with respect to all renewal Policies, certified copies . Borrower shall pay to Lender the cost of such Lender's review of the Policies or true and correct specimens of such Policiesany certificates and renewals relating thereto. Borrowers Borrower shall pay the Insurance Premiums annually in advance as the same become due and payable and shall furnish to Lender evidence of the renewal of each of the Policies with receipts for the payment of the Insurance Premiums or other evidence of such payment reasonably satisfactory to Lender (provided, however, that Borrowers Borrower shall not be required to pay such Insurance Premiums nor furnish such evidence of payment to Lender in the event that the amounts required to pay such Insurance Premiums have been deposited into the Insurance Account pursuant to Section 6.4 hereof). In addition to the insurance coverages described in Section 5.1.1 5.1.1) above, Borrowers Borrower shall obtain such other insurance as may from time to time be reasonably required by Lender in order to protect its interests. Within thirty (30) days after request by Lender, Borrowers Borrower shall obtain such increases in the amounts of coverage required hereunder as may be reasonably requested by Lender, taking into consideration changes in the value of money over time, changes in liability laws, changes in prudent customs and practices, and the like.

Appears in 1 contract

Samples: Loan Agreement (Glimcher Realty Trust)

Insurance Company. All Policies required pursuant to Section 5.1.1: 5.1.1 (ai) shall be issued by companies licensed approved to do business in the state or commonwealth states where the Properties are located, with (1) a financial strength and claims paying ability rating of at least A:X from A.M. Best Company and (x) “A” or better by S&P and (y) “A2” or better by Mxxxx’x, to the equivalent rating by extent Mxxxx’x rates the Securities and rates the applicable insurer (provided, however for multi-layered policies, (A) if four (4) or fewer insurance companies issue the Policies, then at least one other Rating Agencyseventy-five percent (75%) of the insurance coverage represented by the Policies must be provided by insurance companies with a rating of “A” or better by S&P and “A2” or better by Mxxxx’x, to the extent Mxxxx’x rates the Securities and rates the applicable insurer, with no remaining carrier below “BBB” by S&P and “Baa2” or better by Mxxxx’x, to the extent Mxxxx’x rates the Securities and rates the applicable insurer, or (B) if five (5) or more insurance companies issue the Policies, then at least sixty percent (60%) of the insurance coverage represented by the Policies must be provided by insurance companies with a rating of “A” or better by S&P and “A2” or better by Mxxxx’x, to the extent Mxxxx’x rates the Securities and rates the applicable insurer, with no remaining carrier below “BBB” and “Baa2” or better by Mxxxx’x, to the extent Mxxxx’x rates the Securities and rates the applicable insurer, and (2) a rating of A:X or better by A.M. Best; (b) shall, with respect to all property insurance policies, name Lender and its successors and/or assigns as their interest may appear as the lender and mortgagee; (cii) shall, with respect to all property insurance policies and rental loss and/or business income interruption insurance policies, contain a Standard Mortgagee Clause and a Clause/Lender’s Loss Payable Endorsement, or their equivalents, naming Lender as the person to whom all payments made by such insurance company shall be paid; (d) shall, with respect to all liability policies, name Lender and its successors and/or assigns as an additional insured; (eiii) shall contain a waiver of subrogation against Lender; (fiv) shall contain such provisions as Lender deems reasonably necessary or desirable to protect its interest, interest including endorsements providing (A) that none of any neither Borrower, Operating Lessee, Lender or nor any other party shall be a co-insurer under said Policies Policies, and (B) except as otherwise permitted herein, for a deductible per loss acceptable to Lender but in no event in an amount greater than that Lender shall receive at least thirty (30) days’ (or, which is customarily maintained by prudent owners of properties with a standard of operation and maintenance comparable to and in the case general vicinity of cancellation the Properties and as is generally allowed by prudent institutional commercial mortgage lenders originating comparable mortgage loans for non-payment of any premium, ten (10) days’) prior written notice of any modification, reduction or cancellationsecuritization; and (gv) shall be satisfactory in form and substance to Lender and shall be approved by Lender as to amounts, form, risk coverage, deductibles, loss payees and insureds. Borrowers In addition to the insurance coverages described in Section 5.1.1 above, Borrower shall arrange for delivery of the following materials obtain such other insurance as may from time to Lender, c/o UBS Real Estate Investments Inc., 1285 Avenue of the Xxxxxxxx, 00xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention: Xxxxxx Xxxxxxxxx, Director: (i) on or before the date hereof, certificates of insurance time be required by Lender in form and substance reasonably acceptable order to Lender evidencing the coverage provided by the Policies, together with certified protect its interests. Certified copies of the Policies shall be delivered to Lender at the address below (or true and correct specimens of to such other address or Person as Lender shall designate from time to time by notice to Borrower) on the Policies, (ii) not less than ten (10) days prior date hereof with respect to the expiration of any Policy, a certificate of insurance in form current Policies and substance reasonably acceptable to Lender evidencing the renewal of such Policy and describing the coverage provided by such Policy, and within thirty (iii) within sixty (6030) days after the effective date of any thereof with respect to all renewal Policies: Deutsche Bank AG, certified copies of such Policies or true and correct specimens of such Policies. Borrowers New York Branch 60 Xxxx Xxxxxx, 00xx Xxxxx Xxx Xxxx, XX 00000 Attn: Kxxxx Xxxxxxxx Borrower shall pay the Insurance Premiums annually in advance as the same become due and payable and shall furnish to Lender evidence of the renewal of each of the Policies with receipts for the payment of the Insurance Premiums or other evidence of such payment reasonably satisfactory to Lender (provided, however, that Borrowers Borrower shall not be required to pay such Insurance Premiums nor furnish such evidence of payment to Lender in the event that the amounts required to pay such Insurance Premiums have been deposited into the Insurance Account pursuant to Section 6.4 hereof). In addition to the insurance coverages described in Section 5.1.1 above, Borrowers shall obtain such other insurance as may from time to time be reasonably required by Lender in order to protect its interests. Within thirty (30) days after request by Lender, Borrowers Borrower shall obtain such increases in the amounts of coverage required hereunder as may be reasonably requested by Lender, taking into consideration changes in the value of money over time, changes in liability laws, changes in prudent customs and practices, and the like.

Appears in 1 contract

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

Insurance Company. All Policies required pursuant to Section 5.1.1: 5.1.1(a) (a) shall be issued by companies licensed authorized to do business in the state or commonwealth where the Properties are located, State with a financial strength and claims paying ability rating of at least A:X from A.M. Best Company and “A” or better by S&P; provided, however, if the insurance is provided with multiple insurers, no less than 75% will maintain the rating of A or better by S&P and (or its equivalent) with the equivalent rating remaining insurers maintaining no less than BBB+ by at least one other Rating AgencyS&P (or its equivalent); (b) shall, with respect to all property insurance policiesthe property, name Lender and its successors and/or assigns as their interest may appear as the lender and mortgagee; (c) shall, with respect to all property insurance policies and rental loss and/or business income interruption insurance policiesinterruption, contain a Standard Mortgagee Clause commercial general liability and a Lender’s Loss Payable Endorsementumbrella Policies, or their equivalents, naming Lender as the person to whom all payments made by such insurance company shall be paid; (d) shall, with respect to all liability policies, name Lender and its successors and/or assigns as an additional insured; (e) shall contain a waiver of subrogation against Lender; (fc) shall contain such provisions as Lender deems reasonably necessary or desirable to protect its interest, interest including endorsements providing that none of any neither Borrower, Operating Lessee, Lender or nor any other party shall be a co-insurer under said Policies and that Lender shall receive at least thirty (30) days’ (or, in the case of cancellation for non-payment of any premium, ten (10) days’) prior written notice of any modification, reduction or cancellationPolicies; and (gd) shall be satisfactory in form and substance to Lender and shall be approved by Lender as to amounts, form, risk coverage, deductibles, loss payees and insureds, such approval not to be unreasonably withheld or delayed. Borrowers shall arrange for delivery If requested by Lender, complete copies of the following materials Policies shall be delivered to Lender, c/o UBS Real Estate Investments Inc.at 300 Xxxx Xxxxxx, 1285 Avenue of the Xxxxxxxx, 00xx 0xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention: Xxxxxx XxxxxxxxxPxxxxx XxXxxxxxx, Director: (i) on or before the date hereof, certificates of insurance in form and substance reasonably acceptable with respect to Lender evidencing the coverage provided by the all renewal Policies, together with certified copies of the Policies or true and correct specimens of the Policies, within thirty (ii) not less than ten (10) days prior to the expiration of any Policy, a certificate of insurance in form and substance reasonably acceptable to Lender evidencing the renewal of such Policy and describing the coverage provided by such Policy, and (iii) within sixty (6030) days after the effective date thereof; provided, however, that if complete copies of any renewal Policiesthe current Policies are not available on the date of request, certified Borrower shall deliver to Lender documentation acceptable to Lender evidencing such Policies within five (5) days and shall deliver to Lender complete copies of such Policies or true and correct specimens of within ten (10) days after such PoliciesPolicies are available. Borrowers Borrower shall pay the Insurance Premiums annually in advance as the same become due and payable and shall furnish to Lender evidence of the renewal of each of the Policies with receipts for the payment of the Insurance Premiums or other evidence of such payment reasonably satisfactory to Lender (provided, however, that Borrowers Borrower shall not be required to pay such Insurance Premiums nor furnish such evidence of payment to Lender in the event that the amounts required to pay such Insurance Premiums have been deposited into the Insurance Account pursuant to Section 6.4 hereof). In addition to the insurance coverages described in Section 5.1.1 5.1.1(a) above, Borrowers Borrower shall obtain such other insurance as may from time to time be reasonably required by Lender in order to protect its interests. Within thirty (30) days after request by Lender, Borrowers Borrower shall obtain such increases in the amounts of coverage required hereunder as may be reasonably requested by Lender, taking into consideration changes in the value of money over time, changes in liability laws, changes in prudent customs and practices, and the like.

Appears in 1 contract

Samples: Lease Agreement (American Realty Capital Hospitality Trust, Inc.)

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