Common use of Insurance Reserve Account Clause in Contracts

Insurance Reserve Account. If an Event of Default shall have occurred and be continuing and if required as provided in Section 3.1 hereof, Borrower will immediately pay to Lender for transfer by Lender to the Holding Account (or if Borrower fails to so pay Lender, Lender will transfer from the Holding Account) an amount (the “Insurance Reserve Amount”) equal to payments of insurance premiums required to be made by Borrower to pay (or to reimburse Borrower or Operating Lessee for) the insurance required pursuant to Article VI and under the Security Instrument in accordance with the time periods set forth in Section 3.1, an amount equal to one-twelfth of the insurance premiums that Lender reasonably estimates based on the most recent xxxx, will be payable for the renewal of the coverage afforded by the insurance policies upon the expiration thereof in order to accumulate with Lender sufficient funds to pay all such insurance premiums at least twenty (20) days prior to the expiration of the policies required to be maintained by Borrower pursuant to the terms hereof (said monthly amounts hereinafter called the “Monthly Insurance Reserve Amount”); provided, however, that immediately following an Insurance Reserve Trigger, Borrower will pay to Lender for transfer by Lender to the Insurance Reserve Account (or if Borrower fails to so pay Lender, Lender will transfer from the Holding Account) an amount equal to payments of insurance premiums required to be made by Borrower to pay (or to reimburse Borrower or Operating Lessee) for the insurance required pursuant to Article VI and under the Security Instrument. As of the Closing Date, the Monthly Insurance Reserve Amount is $0.00. The Monthly Insurance Reserve Amount, if same is payable pursuant to Section 3.1 and this Section 16.2, shall be paid by Borrower to Lender on each Payment Date. Lender will apply the Monthly Insurance Reserve Amount to payments of insurance premiums required to be made by Borrower to pay for the insurance required pursuant to Article VI and under the Security Instrument. In making any payment relating to the Insurance Reserve Account, Lender may do so according to any xxxx, statement or estimate procured from the insurer or agent, without inquiry into the accuracy of such xxxx, statement or estimate or into the validity thereof. If at any time Lender reasonably determines that the Insurance Reserve Amount is not or will not be sufficient to pay insurance premiums (up to a maximum amount equal to the aggregate annual insurance premium required hereunder), Lender shall notify Borrower of such determination and Borrower shall increase the Insurance Reserve Amount by the amount that Lender reasonably estimates is sufficient to make up the deficiency at least thirty (30) days prior to expiration of the applicable insurance policies. Upon payment of such insurance premiums, Lender shall reassess the amount necessary to be deposited in the Insurance Reserve Account for the succeeding period, which calculation shall take into account any excess amounts remaining in the Insurance Reserve Account.

Appears in 8 contracts

Samples: Loan and Security Agreement (Strategic Hotels & Resorts, Inc), Loan and Security Agreement (Strategic Hotels & Resorts, Inc), Loan and Security Agreement (Strategic Hotels & Resorts, Inc)

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Insurance Reserve Account. If an Event of Default shall have occurred and be continuing and if required as provided in Section 3.1 hereof, Borrower will immediately pay to Lender for transfer by Lender to the Holding Account (or if Borrower fails to so pay Lender, Lender will transfer from the Holding Account) an amount (the “Insurance Reserve Amount”) equal to payments of insurance premiums required to be made by Borrower to pay (or to reimburse Borrower or Operating Lessee for) the insurance required pursuant to Article VI and under the Security Instrument in accordance with the time periods set forth in Section 3.1, an amount equal to one-twelfth of the insurance premiums that Lender reasonably estimates based on the most recent xxxx, will be payable for the renewal of the coverage afforded by the insurance policies upon the expiration thereof in order to accumulate with Lender sufficient funds to pay all such insurance premiums at least twenty (20) days prior to the expiration of the policies required to be maintained by Borrower pursuant to the terms hereof (said monthly amounts hereinafter called the “Monthly Insurance Reserve Amount”); provided, however, that immediately following an Insurance Reserve Trigger, Borrower will pay to Lender for transfer by Lender to the Insurance Reserve Account (or if Borrower fails to so pay Lender, Lender will transfer from the Holding Account) an amount equal to payments of insurance premiums required to be made by Borrower to pay (or to reimburse Borrower or Operating Lessee) for the insurance required pursuant to Article VI and under the Security Instrument. As of the Closing Date, the Monthly Insurance Reserve Amount is $0.00. The Monthly Insurance Reserve Amount, if same is payable pursuant to Section 3.1 and this Section 16.2, shall be paid by Borrower to Lender on each Payment Date. Lender will apply the Monthly Insurance Reserve Amount to payments of insurance premiums required to be made by Borrower to pay for the insurance required pursuant to Article VI and under the Security Instrument. In making any payment relating to the Insurance Reserve Account, Lender may do so according to any xxxx, statement or estimate procured from the insurer or agent, without inquiry into the accuracy of such xxxx, statement or estimate or into the validity thereof. If at any time Lender reasonably determines that the Insurance Reserve Amount is not or will not be sufficient to pay insurance premiums (up to a maximum amount equal to the aggregate annual insurance premium required hereunder), Lender shall notify Borrower of such determination and Borrower shall increase the Insurance Reserve Amount by the amount that Lender reasonably estimates is sufficient to make up the deficiency at least thirty (30) days prior to expiration of the applicable insurance policies. Upon payment of such insurance premiums, Lender shall reassess the amount necessary to be deposited in the Insurance Reserve Account for the succeeding period, which calculation shall take into account any excess amounts remaining in the Insurance Reserve Account.

Appears in 2 contracts

Samples: Loan and Security Agreement (Strategic Hotels & Resorts, Inc), Loan and Security Agreement (Strategic Hotels & Resorts, Inc)

Insurance Reserve Account. If an Event of Default shall have occurred and be continuing and if required as provided in Section 3.1 hereof, Borrower will immediately pay to Lender for transfer by Lender to the Holding Account (or if Borrower fails to so pay Lender, Lender will transfer from the Holding Account) an amount (the “Insurance Reserve Amount”) equal to payments of insurance premiums required to be made by Borrower to pay (or to reimburse Borrower or Operating Lessee for) the insurance required pursuant to Article VI and under the Security Instrument in In accordance with the time periods set forth in Section 3.1, Borrower shall deposit into the Insurance Reserve Account an amount equal to one-twelfth of the insurance premiums that Lender reasonably estimates estimates, based on the most recent xxxx, will be payable for the renewal of the coverage afforded by the insurance policies upon the expiration thereof in order to accumulate with Lender sufficient funds to pay all such insurance premiums at least twenty thirty (2030) days prior to the expiration of the policies required to be maintained by Borrower pursuant to the terms hereof (said monthly amounts hereinafter called the Monthly Insurance Reserve Amount”); provided, however, that immediately following an Insurance Reserve Trigger, Borrower will pay to Lender for transfer by Lender to and the aggregate amount of funds held in the Insurance Reserve Account (or being the Insurance Reserve Amount), provided that if Borrower fails Bank of America, N.A. is not in default of its obligations to so pay Lender, Lender will transfer from the Holding Account) an amount equal to payments of insurance premiums pursuant to the BofA Lease, the Monthly Insurance Reserve Amount shall not include the portion of the insurance premiums that Bank of America, N.A. is required to be made by Borrower to pay (or to reimburse Borrower or Operating Lessee) for the insurance required pursuant to Article VI and under the Security InstrumentBofA Lease. As of the Closing Date, the Monthly Insurance Reserve Amount is $0.00190,905.42 but such amount is subject to adjustment by Lender upon notice to Borrower. The Monthly Insurance Reserve Amount, if same is payable pursuant to Section 3.1 and this Section 16.2, Amount shall be paid by Borrower to Lender on each Payment Date. Lender will apply the Monthly Insurance Reserve Amount to payments of insurance premiums required to be made by Borrower to pay for pursuant this Agreement and the insurance required pursuant to Article VI and under the Security InstrumentLoan Documents. In making any payment relating to the Insurance Reserve Account, Lender may do so according to any xxxx, statement or estimate procured from the insurer or agent, without inquiry into the accuracy of such xxxx, statement or estimate or into the validity thereof. If the amount of funds in the Insurance Reserve Account shall exceed the amounts due for insurance premiums pursuant to Article VI, Lender shall credit such excess against future payments to be made to the Insurance Reserve Account. If at any time Lender reasonably determines that the Insurance Reserve Amount is not or will not be sufficient to pay insurance premiums (up to a maximum amount equal to by the aggregate annual insurance premium required hereunder)dates set forth above, Lender shall notify Borrower of such determination and Borrower shall increase the Insurance Reserve Amount its monthly payments to Lender by the amount that Lender reasonably estimates is sufficient to make up the deficiency at least thirty (30) days prior to expiration of the applicable insurance policies. Upon payment of such insurance premiums, Lender shall reassess the amount necessary to be deposited in the Insurance Reserve Account for the succeeding period, which calculation shall take into account any excess amounts remaining in the Insurance Reserve Account.

Appears in 2 contracts

Samples: Loan and Security Agreement (KBS Real Estate Investment Trust, Inc.), Loan and Security Agreement (American Financial Realty Trust)

Insurance Reserve Account. If At any time when the insurance required to be maintained pursuant to this Agreement is provided under a blanket policy in accordance with Article VI hereof and the premiums in respect of such blanket policy are not paid or caused to be paid at least 3 months before such premiums become due and payable or at any time that Manager does not reserve for or otherwise set aside and pay, in no more than four (4) installments per year, premiums with respect to the Insurance Requirements or following an Event of Default shall have occurred and be continuing and if required as provided in Section 3.1 hereofInsurance Reserve Trigger, Borrower will immediately pay to Lender Administrative Agent for transfer by Lender Administrative Agent to the Holding Account (or if Borrower fails to so pay LenderAdministrative Agent, Lender Administrative Agent will transfer from the Holding Account) an amount (the “Insurance Reserve Amount”) equal to payments of insurance premiums required to be made by Borrower to pay (or to reimburse Borrower or Operating Lessee for) the insurance required pursuant to Article VI and under the Security Instrument Instrument. In addition, at any time when the insurance required to be maintained pursuant to this Agreement is provided under a blanket policy in accordance with Article VI hereof and the premiums in respect of such blanket policy are not paid or caused to be paid at least 3 months before such premiums become due and payable or at any time that Manager does not reserve for or otherwise set aside and pay, in no more than four (4) installments per year, premiums with respect to the Insurance Requirements, and otherwise following an Insurance Reserve Trigger, in accordance with the time periods set forth in Section 3.1, Borrower shall deposit into the Insurance Reserve Account an amount equal to one-twelfth of the insurance premiums that Lender Administrative Agent reasonably estimates based on the most recent xxxx, will be payable for the renewal of the coverage afforded by the insurance policies upon the expiration thereof in order to accumulate with Lender Administrative Agent sufficient funds to pay all such insurance premiums at least twenty (20) days prior to the expiration of the policies required to be maintained by Borrower pursuant to the terms hereof (said monthly amounts hereinafter called the “Monthly Insurance Reserve Amount”); provided, however, that immediately following an Insurance Reserve Trigger, Borrower will pay to Lender Administrative Agent for transfer by Lender Administrative Agent to the Insurance Reserve Account (or if Borrower fails to so pay LenderAdministrative Agent, Lender Administrative Agent will transfer from the Holding Account) an amount equal to payments of insurance premiums required to be made by Borrower to pay (or to reimburse Borrower or Operating LesseeBorrower) for the insurance required pursuant to Article VI and under the Security Instrument. As of the Closing Date, the Monthly Insurance Reserve Amount is $0.00. The Monthly Insurance Reserve Amount, if same is payable pursuant to Section 3.1 and this Section 16.2, shall be paid by Borrower to Lender Administrative Agent on each Payment Date. Lender Administrative Agent will apply the Monthly Insurance Reserve Amount to payments of insurance premiums required to be made by Borrower to pay for the insurance required pursuant to Article VI and under the Security Instrument. In making any payment relating to the Insurance Reserve Account, Lender Administrative Agent may do so according to any xxxx, statement or estimate procured from the insurer or agent, without inquiry into the accuracy of such xxxx, statement or estimate or into the validity thereof. If at any time Lender Administrative Agent reasonably determines that the Insurance Reserve Amount is not or will not be sufficient to pay insurance premiums (up to a maximum amount equal to the aggregate annual insurance premium required hereunder), Lender Administrative Agent shall notify Borrower of such determination and Borrower shall increase the Insurance Reserve Amount by the amount that Lender Administrative Agent reasonably estimates is sufficient to make up the deficiency at least thirty (30) days prior to expiration of the applicable insurance policies. Upon payment of such insurance premiums, Lender Administrative Agent shall reassess the amount necessary to be deposited in the Insurance Reserve Account for the succeeding period, which calculation shall take into account any excess amounts remaining in the Insurance Reserve Account.

Appears in 1 contract

Samples: Loan and Security Agreement (Morgans Hotel Group Co.)

Insurance Reserve Account. If Subject to Section 4.4.5(b), if any Borrower elects to make any portion of any such payment from an Event Advance, such Borrower shall request Advances to pay for Insurance Premiums payable by such Borrower not later than the Payment Date immediately preceding each date on which the Insurance Premiums will be payable for the renewal of Default shall have occurred the coverage afforded by the applicable Policies upon the expiration thereof; provided, however, that, from and be continuing after the Payment Date first occurring following written notice from Administrative Agent to Borrower instructing Borrower to begin making deposits to the Insurance Reserve Account, and if required as provided in Section 3.1 hereofon each Payment Date thereafter, Borrower will immediately pay to Lender for transfer by Lender to shall deposit into the Holding Account (or if Borrower fails to so pay Lender, Lender will transfer from the Holding Account) an amount (the “Insurance Reserve Amount”) equal to payments of insurance premiums required to be made by Borrower to pay (or to reimburse Borrower or Operating Lessee for) the insurance required pursuant to Article VI and under the Security Instrument in accordance with the time periods Account, first as set forth in Section 3.15.1.6(a) and, to the extent such funds are insufficient, second from Interest/OpEx Advances under this Agreement and third from funds provided by Borrower, an amount equal to one-twelfth of the insurance premiums Insurance Premiums payable by Borrower that Lender Administrative Agent reasonably estimates estimates, based on the most recent xxxx, will be payable for the renewal of the coverage afforded by the insurance policies Policies upon the expiration thereof in order to accumulate with Lender Administrative Agent sufficient funds to pay all such insurance premiums Insurance Premiums at least twenty thirty (2030) days prior to the expiration of the policies Policies required to be maintained by Borrower pursuant to the terms hereof (said monthly amounts hereinafter called the “Monthly Insurance Reserve Amount”); provided, however, that immediately following an Insurance Reserve Trigger, Borrower will pay to Lender for transfer by Lender to and the aggregate amount of funds held in the Insurance Reserve Account being the “Insurance Reserve Amount”). Notwithstanding the foregoing, but subject to and in accordance with the terms of Section 4.4.5 and 17.6, (or if Borrower fails to so pay Lender, Lender will transfer i) Interest/OpEx Advances from the Holding Account) an amount equal Interest/OpEx Allocation shall first be used to payments of insurance premiums required to be made by Borrower to pay (or to reimburse Borrower or Operating Lessee) for the insurance required pursuant to Article VI and under the Security Instrument. As make deposits of the Closing Date, the Monthly Insurance Reserve Amount is $0.00. The Monthly Insurance Reserve Amount, if same is payable pursuant to Section 3.1 and this Section 16.2, (ii) then amounts available in the Excess Cash Flow Reserve Account shall be paid by utilized to make deposits of the Monthly Insurance Reserve Amount, and (iii) then, to the extent such funds are insufficient to fully fund the Monthly Insurance Reserve Amount, Borrower to Lender on each Payment Dateshall deposit the balance from its own funds. Lender Administrative Agent will apply the Monthly Insurance Reserve Amount to payments of insurance premiums Insurance Premiums required to be made by Borrower to pay for the insurance required pursuant to Article VI this Agreement and under the Security Instrument. In making any payment relating to the Insurance Reserve Account, Lender Administrative Agent may do so according to any xxxx, statement or estimate procured from the insurer or agent, without inquiry into the accuracy of such xxxx, statement or estimate or into the validity thereofthereof until such time as Borrower shall notify Administrative Agent of a potential inaccuracy in any xxxx, statement or estimate or challenge the validity of such xxxx, statement or estimate. If the amount of funds in the Insurance Reserve Account shall exceed the amounts due for Insurance Premiums pursuant to this Agreement, Administrative Agent shall credit such excess against future payments to be made to the Insurance Reserve Account. If at any time Lender Administrative Agent reasonably determines that the Insurance Reserve Amount is not or will not be sufficient to pay insurance premiums (up to a maximum amount equal to Insurance Premiums by the aggregate annual insurance premium required hereunder)dates set forth above, Lender Administrative Agent shall notify Borrower of such determination and Borrower shall increase the Insurance Reserve Amount its monthly payments to Administrative Agent by the amount that Lender Administrative Agent reasonably estimates is sufficient to make up the deficiency at least thirty (30) days prior to expiration of the applicable insurance policiesPolicies. Upon payment of such insurance premiumsInsurance Premiums, Lender Administrative Agent shall reassess the amount necessary to be deposited in the Insurance Reserve Account for the succeeding period, which calculation shall take into account any excess amounts remaining in the Insurance Reserve Account.. Any Insurance Reserve Amount remaining on deposit in the Insurance Reserve Account upon the satisfaction in full of the Debt (exclusive of any indemnification or other obligations which are expressly stated in any of the Loan Documents to survive the satisfaction of the Note(s) in full) shall be disbursed to Mezzanine Administrative Agent for application in accordance with the Mezzanine Loan Documents, or if the Mezzanine Loan shall no longer be outstanding, to Borrower. 146

Appears in 1 contract

Samples: Loan and Security Agreement (NRI Real Token Inc.)

Insurance Reserve Account. If an Event of Default shall have occurred and be continuing and if required as provided in Section 3.1 hereof, Borrower will immediately pay to Lender for transfer by Lender to the Holding Account (or if Borrower fails to so pay Lenderin the case of the Maryland Property, Lender will transfer from the Holding AccountMaryland Loan Guarantor) an amount (the “Insurance Reserve Amount”) equal to payments of insurance premiums required to be made by Borrower to pay (or to reimburse Borrower or Operating Lessee for) the insurance required pursuant to Article VI and under the Security Instrument shall, in accordance with the time periods set forth in Section 3.1, cause to be deposited into the Insurance Reserve Account an amount equal to one-twelfth of the insurance premiums that Lender reasonably estimates estimates, based on the most recent xxxxbxxx, will be payable for the renewal of the coverage afforded by the insurance policies upon the expiration thereof in order to accumulate with Lender sufficient funds to pay all such insurance premiums at least twenty thirty (2030) days prior to the expiration of the policies required to be maintained by Borrower pursuant to the terms hereof (said monthly amounts hereinafter called the “Monthly Insurance Reserve Amount”); provided, however, that immediately following an Insurance Reserve Trigger, Borrower will pay to Lender for transfer by Lender to ,” and the aggregate amount of funds held in the Insurance Reserve Account (or if Borrower fails to so pay Lender, Lender will transfer from being the Holding Account) an amount equal to payments of insurance premiums required to be made by Borrower to pay (or to reimburse Borrower or Operating Lessee) for the insurance required pursuant to Article VI and under the Security Instrument“Insurance Reserve Amount”). As of the Closing Date, the Monthly Insurance Reserve Amount is $0.00206,007.88, but such amount is subject to adjustment by Lender upon notice to Borrower. The Monthly Insurance Reserve Amount, if same is payable pursuant to Section 3.1 and this Section 16.2, Amount shall be paid by Borrower (or in the case of the Maryland Property, Maryland Loan Guarantor) to Lender on each Payment Date. Lender will apply the Monthly Insurance Reserve Amount to payments of insurance premiums required to be made by Borrower to pay for (or in the insurance required case of the Maryland Property, Maryland Loan Guarantor) pursuant to Article VI and under the Security Instrument. In making any payment relating to the Insurance Reserve Account, Lender may do so according to any xxxxbxxx, statement or estimate procured from the insurer or agent, without inquiry into the accuracy of such xxxxbxxx, statement or estimate or into the validity thereof. If the amount of funds in the Insurance Reserve Account shall exceed the amounts due for insurance premiums pursuant to Article VI, Lender shall credit such excess against future payments to be made to the Insurance Reserve Account. If at any time Lender reasonably determines that the Insurance Reserve Amount is not or will not be sufficient to pay insurance premiums (up to a maximum amount equal to by the aggregate annual insurance premium required hereunder)dates set forth above, Lender shall notify Borrower of such determination and Borrower (or in the case of the Maryland Property, Maryland Loan Guarantor) shall increase the Insurance Reserve Amount its monthly payments to Lender by the amount that Lender reasonably estimates is sufficient to make up the deficiency at least thirty (30) days prior to expiration of the applicable insurance policies. Upon payment of such insurance premiums, Lender shall reassess the 104 amount necessary to be deposited in the Insurance Reserve Account for the succeeding period, which calculation shall take into account any excess amounts remaining in the Insurance Reserve Account.

Appears in 1 contract

Samples: Loan and Security Agreement (BlueLinx Holdings Inc.)

Insurance Reserve Account. If an Event of Default shall have occurred and be continuing and if required as provided in Section 3.1 hereof, Borrower will immediately pay to Lender for transfer by Lender to the Holding Account (or if Borrower fails to so pay Lender, Lender will transfer from the Holding Account) an amount (the “Insurance Reserve Amount”) equal to payments of insurance premiums required to be made by Borrower to pay (or to reimburse Borrower or Operating Lessee for) the insurance required pursuant to Article VI and under the Security Instrument in In accordance with the time periods set forth in Section 3.1, Borrower shall deposit into the Insurance Reserve Account an amount equal to one-twelfth of the insurance premiums that Lender reasonably estimates estimates, based on the most recent xxxxbill, will be payable for the renewal of the coverage afforded by the insurance xxxurance policies upon the expiration thereof in order to accumulate with Lender sufficient funds to pay all such insurance premiums at least twenty thirty (2030) days prior to the expiration of the policies required to be maintained by Borrower pursuant to the terms hereof (said monthly amounts hereinafter called the Monthly Insurance Reserve Amount”); provided, however, that immediately following an Insurance Reserve Trigger, Borrower will pay to Lender for transfer by Lender to and the aggregate amount of funds held in the Insurance Reserve Account (or being the Insurance Reserve Amount), provided that if Borrower fails Bank of America, N.A. is not in default of its obligations to so pay Lender, Lender will transfer from the Holding Account) an amount equal to payments of insurance premiums pursuant to the BofA Lease, the Monthly Insurance Reserve Amount shall not include the portion of the insurance premiums that Bank of America, N.A. is required to be made by Borrower to pay (or to reimburse Borrower or Operating Lessee) for the insurance required pursuant to Article VI and under the Security InstrumentBofA Lease. As of the Closing Date, the Monthly Insurance Reserve Amount is $0.00212,240.58, but such amount is subject to adjustment by Lender upon notice to Borrower. The Monthly Insurance Reserve Amount, if same is payable pursuant to Section 3.1 and this Section 16.2, Amount shall be paid by Borrower to Lender on each Payment Date. Lender will apply the Monthly Insurance Reserve Amount to payments of insurance premiums required to be made by Borrower to pay for pursuant this Agreement and the insurance required pursuant to Article VI and under the Security InstrumentLoan Documents. In making any payment relating to the Insurance Reserve Account, Lender may do so according to any xxxxbill, statement or estimate procured from the insurer or agent, without inquiry withoxx xnquiry into the accuracy of such xxxxbill, statement or estimate or into the validity thereof. If the amouxx xf funds in the Insurance Reserve Account shall exceed the amounts due for insurance premiums pursuant to Article VI, Lender shall credit such excess against future payments to be made to the Insurance Reserve Account. If at any time Lender reasonably determines that the Insurance Reserve Amount is not or will not be sufficient to pay insurance premiums (up to a maximum amount equal to by the aggregate annual insurance premium required hereunder)dates set forth above, Lender shall notify Borrower of such determination and Borrower shall increase the Insurance Reserve Amount its monthly payments to Lender by the amount that Lender reasonably estimates is sufficient to make up the deficiency at least thirty (30) days prior to expiration of the applicable insurance policies. Upon payment of such insurance premiums, Lender shall reassess the amount necessary to be deposited in the Insurance Reserve Account for the succeeding period, which calculation shall take into account any excess amounts remaining in the Insurance Reserve Account.

Appears in 1 contract

Samples: Loan and Security Agreement (American Financial Realty Trust)

Insurance Reserve Account. If an Event of Default shall have occurred and be continuing and if required as provided in Section 3.1 hereof, Borrower will immediately pay to Lender for transfer by Lender to the Holding Account (or if Borrower fails to so pay Lender, Lender will transfer from the Holding Account) an amount (the “Insurance Reserve Amount”) equal to payments of insurance premiums required to be made by Borrower to pay (or to reimburse Borrower or Operating Lessee for) the insurance required pursuant to Article VI and under the Security Instrument in In accordance with the time periods set forth in Section 3.1, Borrower shall deposit into the Insurance Reserve Account an amount equal to one-twelfth of the insurance premiums that Lender reasonably estimates estimates, based on the most recent xxxx, will be payable for the renewal of the coverage afforded by the insurance policies upon the expiration thereof in order to accumulate with Lender sufficient funds to pay all such insurance premiums at least twenty thirty (2030) days prior to the expiration of the policies required to be maintained by Borrower pursuant to the terms hereof (said monthly amounts hereinafter called the Monthly Insurance Reserve Amount”); provided, however, that immediately following an Insurance Reserve Trigger, Borrower will pay to Lender for transfer by Lender to and the aggregate amount of funds held in the Insurance Reserve Account (or if Borrower fails to so pay Lender, Lender will transfer from being the Holding Account) an amount equal to payments of insurance premiums required to be made by Borrower to pay (or to reimburse Borrower or Operating Lessee) for the insurance required pursuant to Article VI and under the Security InstrumentInsurance Reserve Amount). As of the Closing Date, the Monthly Insurance Reserve Amount is $0.0014,566, but such amount is subject to adjustment by Lender upon notice to Borrower. The Monthly Insurance Reserve Amount, if same is payable pursuant to Section 3.1 and this Section 16.2, Amount shall be paid by Borrower to Lender on each Payment Date. Lender will apply the Monthly Insurance Reserve Amount to payments of insurance premiums required to be made by Borrower to pay for the insurance required pursuant to Article VI and under the Security Instrument. In making any payment relating to the Insurance Reserve Account, Lender may do so according to any xxxx, statement or estimate procured from the insurer or agent, without inquiry into the accuracy of such xxxx, statement or estimate or into the validity thereof. If the amount of funds in the Insurance Reserve Account shall exceed the amounts due for insurance premiums pursuant to Article VI. Lender shall credit such excess against future payments to be made to the Insurance Reserve Account. If at any time Lender reasonably determines that the Insurance Reserve Amount is not or will not be sufficient to pay insurance premiums (up to a maximum amount equal to by the aggregate annual insurance premium required hereunder)dates set forth above, Lender shall notify Borrower of such determination and Borrower shall increase the Insurance Reserve Amount its monthly payments to Lender by the amount that Lender reasonably estimates is sufficient to make up the deficiency at least thirty (30) days prior to expiration of the applicable insurance policies. Upon payment of such insurance premiums, Lender shall reassess the amount necessary to be deposited in the Insurance Reserve Account for the succeeding period, which calculation shall take into account any excess amounts remaining in the Insurance Reserve Account.

Appears in 1 contract

Samples: Loan and Security Agreement (Digital Realty Trust, Inc.)

Insurance Reserve Account. If At any time when the insurance required to be maintained pursuant to this Agreement is provided under a blanket policy in accordance with Article VI hereof and the premiums in respect of such blanket policy are not paid or caused to be paid at least 3 months before such premiums become due and payable or at any time that Manager does not reserve for or otherwise set aside and pay, in no more than four (4) installments per year, premiums with respect to the Insurance Requirements or following an Event of Default shall have occurred and be continuing and if required as provided in Section 3.1 hereofInsurance Reserve Trigger, Borrower will immediately pay to Lender Administrative Agent for transfer by Lender Administrative Agent to the Holding Account (or if Borrower fails to so pay LenderAdministrative Agent, Lender Administrative Agent will transfer from the Holding Account) an amount (the Insurance Reserve Amount) equal to payments of insurance premiums required to be made by Borrower to pay (or to reimburse Borrower or Operating Lessee for) the insurance required pursuant to Article VI and under the Security Instrument Instrument. In addition, at any time when the insurance required to be maintained pursuant to this Agreement is provided under a blanket policy in accordance with Article VI hereof and the premiums in respect of such blanket policy are not paid or caused to be paid at least 3 months before such premiums become due and payable or at any time that Manager does not reserve for or otherwise set aside and pay, in no more than four (4) installments per year, premiums with respect to the Insurance Requirements, and otherwise following an Insurance Reserve Trigger, in accordance with the time periods set forth in Section 3.1, Borrower shall deposit into the Insurance Reserve Account an amount equal to one-twelfth of the insurance premiums that Lender Administrative Agent reasonably estimates based on the most recent xxxx, will be payable for the renewal of the coverage afforded by the insurance policies upon the expiration thereof in order to accumulate with Lender Administrative Agent sufficient funds to pay all such insurance premiums at least twenty (20) days prior to the expiration of the policies required to be maintained by Borrower pursuant to the terms hereof (said monthly amounts hereinafter called the Monthly Insurance Reserve Amount); provided, however, that immediately following an Insurance Reserve Trigger, Borrower will pay to Lender Administrative Agent for transfer by Lender Administrative Agent to the Insurance Reserve Account (or if Borrower fails to so pay LenderAdministrative Agent, Lender Administrative Agent will transfer from the Holding Account) an amount equal to payments of insurance premiums required to be made by Borrower to pay (or to reimburse Borrower or Operating Lessee) for the insurance required pursuant to Article VI and under the Security Instrument. As of the Closing Date, the Monthly Insurance Reserve Amount is $0.00. The Monthly Insurance Reserve Amount, if same is payable pursuant to Section 3.1 and this Section 16.2, shall be paid by Borrower to Lender Administrative Agent on each Payment Date. Lender Administrative Agent will apply the Monthly Insurance Reserve Amount to payments of insurance premiums required to be made by Borrower to pay for the insurance required pursuant to Article VI and under the Security Instrument. In making any payment relating to the Insurance Reserve Account, Lender Administrative Agent may do so according to any xxxx, statement or estimate procured from the insurer or agent, without inquiry into the accuracy of such xxxx, statement or estimate or into the validity thereof. If at any time Lender Administrative Agent reasonably determines that the Insurance Reserve Amount is not or will not be sufficient to pay insurance premiums (up to a maximum amount equal to the aggregate annual insurance premium required hereunder), Lender Administrative Agent shall notify Borrower of such determination and Borrower shall increase the Insurance Reserve Amount by the amount that Lender Administrative Agent reasonably estimates is sufficient to make up the deficiency at least thirty (30) days prior to expiration of the applicable insurance policies. Upon payment of such insurance premiums, Lender Administrative Agent shall reassess the amount necessary to be deposited in the Insurance Reserve Account for the succeeding period, which calculation shall take into account any excess amounts remaining in the Insurance Reserve Account.

Appears in 1 contract

Samples: Loan and Security Agreement (Strategic Hotels & Resorts, Inc)

Insurance Reserve Account. If At any time when (a) the insurance required to be maintained pursuant to this Agreement is provided under a blanket policy in accordance with Article VI hereof and the premiums in respect of such blanket policy are not paid or caused to be paid at least three (3) months before such premiums become due and payable and (b) Manager does not reserve for or otherwise set aside and pay, in no more than four (4) installments per year, premiums with respect to the Insurance Requirements or following an Event of Default shall have occurred and be continuing and if required as provided in Section 3.1 hereofInsurance Reserve Trigger, Borrower will immediately pay to Lender Administrative Agent for transfer by Lender Administrative Agent to the Holding Account (or if Borrower fails to so pay LenderAdministrative Agent, Lender Administrative Agent will transfer from the Holding Account) an amount (the Insurance Reserve Amount) equal to payments of insurance premiums required to be made by Borrower to pay (or to reimburse Borrower or Operating Lessee for) the insurance required pursuant to Article VI and under the Security Instrument Instrument. In addition, at any time when the insurance required to be maintained pursuant to this Agreement is provided under a blanket policy in accordance with Article VI hereof and (x) the premiums in respect of such blanket policy are not paid or caused to be paid at least three (3) months before such premiums become due and payable and (y) Manager does not reserve for or otherwise set aside and pay, in no more than four (4) installments per year, premiums with respect to the Insurance Requirements, and otherwise following an Insurance Reserve Trigger, in accordance with the time periods set forth in Section 3.1, Borrower shall deposit into the Insurance Reserve Account an amount equal to one-twelfth of the insurance premiums that Lender Administrative Agent reasonably estimates based on the most recent xxxx, will be payable for the renewal of the coverage afforded by the insurance policies upon the expiration thereof in order to accumulate with Lender Administrative Agent sufficient funds to pay all such insurance premiums at least twenty (20) days prior to the expiration of the policies required to be maintained by Borrower pursuant to the terms hereof (said monthly amounts hereinafter called the Monthly Insurance Reserve Amount); provided, however, that immediately following an Insurance Reserve Trigger, Borrower will pay to Lender Administrative Agent for transfer by Lender Administrative Agent to the Insurance Reserve Account (or if Borrower fails to so pay LenderAdministrative Agent, Lender Administrative Agent will transfer from the Holding Account) an amount equal to payments of insurance premiums required to be made by Borrower to pay (or to reimburse Borrower or Operating Lessee) for the insurance required pursuant to Article VI and under the Security Instrument. As of the Closing Date, the Monthly Insurance Reserve Amount is $0.00. The Monthly Insurance Reserve Amount, if same is payable pursuant to Section 3.1 and this Section 16.2, shall be paid by Borrower to Lender Administrative Agent on each Payment Date. Lender Administrative Agent will apply the Monthly Insurance Reserve Amount to payments of insurance premiums required to be made by Borrower to pay for the insurance required pursuant to Article VI and under the Security Instrument. In making any payment relating to the Insurance Reserve Account, Lender Administrative Agent may do so according to any xxxx, statement or estimate procured from the insurer or agent, without inquiry into the accuracy of such xxxx, statement or estimate or into the validity thereof. If at any time Lender Administrative Agent reasonably determines that the Insurance Reserve Amount is not or will not be sufficient to pay insurance premiums (up to a maximum amount equal to the aggregate annual insurance premium required hereunder), Lender Administrative Agent shall notify Borrower of such determination and Borrower shall increase the Insurance Reserve Amount by the amount that Lender Administrative Agent reasonably estimates is sufficient to make up the deficiency at least thirty (30) days prior to expiration of the applicable insurance policies. Upon payment of such insurance premiums, Lender Administrative Agent shall reassess the amount necessary to be deposited in the Insurance Reserve Account for the succeeding period, which calculation shall take into account any excess amounts remaining in the Insurance Reserve Account.

Appears in 1 contract

Samples: Loan and Security Agreement (Strategic Hotels & Resorts, Inc)

Insurance Reserve Account. If an Event of Default shall have occurred and be continuing and if required as provided in Section 3.1 hereof(a) Subject to clause (b) below, Borrower will immediately pay to Lender for transfer by Lender to and the Holding Account (or if Borrower fails to so pay LenderPropCo Subsidiaries shall, Lender will transfer from the Holding Account) an amount (the “Insurance Reserve Amount”) equal to payments of insurance premiums required to be made by Borrower to pay (or to reimburse Borrower or Operating Lessee for) the insurance required pursuant to Article VI and under the Security Instrument in accordance with the time periods set forth in Section 3.16.1, cause to be deposited into the Insurance Reserve Account (which deposit may be effected by the transfers contemplated under Section 6.1.6(a)) an amount equal to one-twelfth of the insurance premiums that Lender the Administrative Agent reasonably estimates estimates, based on the most recent xxxxbills, will be payable for the renewal of the coverage afforded by the insurance policies upon the expiration thereof in order to accumulate with Lender in the Insurance Reserve Account sufficient funds to pay all such insurance premiums at least twenty thirty (2030) days prior to the expiration of the policies required to be maintained by Borrower pursuant to the terms hereof (said monthly amounts hereinafter called the “Monthly Insurance Reserve Amount”); provided, however, that immediately following an ,” and the aggregate amount of funds held in the “Insurance Reserve Trigger, Account” being the Insurance Reserve Amount). The Monthly Insurance Reserve Amount shall be paid by Borrower will pay to Lender for transfer by Lender and the PropCo Subsidiaries to the Insurance Reserve Account (or if Borrower fails to so pay Lenderon the first Business Day of each calendar month, Lender will transfer from commencing with the Holding Account) an amount equal to payments of insurance premiums required to be made by Borrower to pay (or to reimburse Borrower or Operating Lessee) for first month immediately following the insurance required pursuant to Article VI month in which the Effective Date occurs, and under the Security Instrument. As of the Closing Date, the Monthly Insurance Reserve Amount is $0.00. The Monthly Insurance Reserve Amount, if same is payable pursuant to Section 3.1 and this Section 16.2, shall be paid by Borrower to Lender on each Payment Date. Lender Administrative Agent will apply the Monthly Insurance Reserve Amount to payments of insurance premiums required to be made by Borrower to pay for the insurance required pursuant to Article VI and under the Security InstrumentSection 9. In making any payment relating to the Insurance Reserve Account, Lender the Administrative Agent may do so according to any xxxx, statement or estimate procured from the insurer or agent, without inquiry into the accuracy of such xxxx, statement or estimate or into the validity thereof. If the amount of funds in the Insurance Reserve Account shall exceed the amounts due for insurance premiums pursuant to Section 9, the Administrative Agent shall credit such excess against future payments to be made to the Insurance Reserve Account. If at any time Lender the Administrative Agent reasonably determines that the Insurance Reserve Amount is not or will not be sufficient to pay insurance premiums (up to a maximum amount equal to by the aggregate annual insurance premium required hereunder)dates set forth above, Lender the Administrative Agent shall notify Borrower and the PropCo Subsidiaries of such determination and Borrower and the PropCo Subsidiaries shall increase their monthly payments to the Insurance Reserve Amount Account by the amount that Lender the Administrative Agent reasonably estimates is sufficient to make up the deficiency at least thirty (30) days prior to expiration of the applicable insurance policies. Upon payment of such insurance premiums, Lender the Administrative Agent shall reassess the amount necessary to be deposited in the Insurance Reserve Account for the succeeding period, which calculation shall take into account any excess amounts remaining in the Insurance Reserve Account.

Appears in 1 contract

Samples: Credit Agreement (Toys R Us Inc)

Insurance Reserve Account. If an Event of Default 16.2.1 Borrower and Maryland Owner shall have occurred and deposit with Lender (to be continuing and if required as provided held in Section 3.1 hereof, Borrower will immediately pay to Lender for transfer by Lender to the Holding Account (or if Borrower fails to so pay Lender, Lender will transfer from the Holding Insurance Reserve Account) an amount (the “Insurance Reserve Amount”) equal to payments of insurance premiums required to be made by Borrower to pay (or to reimburse Borrower or Operating Lessee for) the insurance required pursuant to Article VI and under the Security Instrument in accordance with the time periods set forth in Section 3.1, on each Payment Date an amount equal to one-twelfth (1/12) of the insurance premiums that Lender reasonably estimates in its good faith judgment, based on the most recent insurance xxxx, will be payable for the renewal of the coverage afforded by the insurance policies upon the expiration thereof in order to accumulate with Lender sufficient funds to pay all such insurance premiums at least twenty thirty (2030) days prior to the expiration of the policies required to be maintained by Borrower and Maryland Owner pursuant to the terms hereof (said monthly amounts hereinafter herein called the “Monthly Insurance Reserve Amount”); provided, however, that immediately following an . Amounts so deposited shall herein be referred to as Borrower’s “Insurance Reserve TriggerAmount”. Provided no Event of Default shall have occurred and be continuing, Borrower will pay to Lender for transfer by Lender to shall apply the Insurance Reserve Account (or Amount, if Borrower fails to so pay Lenderany, Lender will transfer from the Holding Account) an amount equal to payments of insurance premiums required to be made by Borrower to pay (or to reimburse Borrower or Operating Lessee) for the insurance required pursuant to Article VI and under the Security Instrument. As of the Closing Date, the Monthly Insurance Reserve Amount is $0.00. The Monthly Insurance Reserve Amount, if same is payable pursuant to Section 3.1 and this Section 16.2, shall be paid by Borrower to Lender on each Payment Date. Lender will apply the Monthly Insurance Reserve Amount to payments of insurance premiums required to be made by Borrower to pay for the insurance required Maryland Owner pursuant to Article VI and under the Security Instrument. In making any payment relating to the Insurance Reserve Account, Lender may do so according to any xxxx, statement or estimate procured from the insurer or agent, without inquiry into the accuracy of such xxxx, statement or estimate or into the validity thereof. Notwithstanding anything herein to the contrary, to the extent that any of the insurance required to be maintained by Borrower and Maryland Owner is effected under a blanket policy, neither Borrower nor Maryland Owner shall be required to make deposits of the Monthly Insurance Reserve Amount. If the amount of funds in the Insurance Reserve Account shall exceed the amounts due for insurance premiums pursuant to Article VI and under the Security Instrument, Lender shall adjust future payments of the Insurance Reserve Amount, as necessary, to be made by Borrower and Maryland Owner. If at any time Lender reasonably determines in its good faith judgment that the Insurance Reserve Amount is not or will not be sufficient to pay insurance premiums (up to a maximum amount equal to by the aggregate annual insurance premium required hereunder)dates set forth above, Lender shall notify Borrower and Maryland Owner of such determination and Borrower and Maryland Owner shall increase its the deposit of the Monthly Insurance Reserve Amount by the amount that Lender reasonably estimates is sufficient to make up the deficiency at least thirty (30) days prior to expiration of the applicable insurance policies. Upon , provided that upon payment of such insurance premiums, Lender shall reassess the amount necessary to be deposited in the Insurance Reserve Account for the succeeding insurance billing period, which calculation shall take into account any excess amounts remaining in the Insurance Reserve Account. Any amounts remaining in the Insurance Reserve Account after the Indebtedness has been repaid in full shall be promptly returned to Borrower and/or Maryland Owner or its designee.

Appears in 1 contract

Samples: Loan and Security Agreement (Urban Edge Properties)

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Insurance Reserve Account. If Borrower has deposited on the date hereof the amount of $0.00 in the Insurance Reserve Account. Following an Event of Default shall have occurred and be continuing and if required as provided in Section 3.1 hereofInsurance Reserve Trigger, Borrower will immediately pay to Lender for transfer by Lender to the Holding Insurance Reserve Account (or if Borrower fails to so pay Lender, Lender will transfer from the Holding Account) an amount (the “Insurance Reserve Amount”INSURANCE RESERVE AMOUNT) equal to payments of insurance premiums required to be made by Borrower to pay (or to reimburse Borrower or Operating Lessee for) for the insurance required pursuant to Article VI and under the Security Instrument Instrument. In addition, prior to such time as Borrower maintains blanket policies of insurance in all respects satisfactory to Lender pursuant to Section 6.1.16, and otherwise following an Insurance Reserve Trigger, in accordance with the time periods set forth in Section 3.1, Borrower shall deposit into the Insurance Reserve Account an amount equal to one-twelfth of the insurance premiums that Lender reasonably estimates based on the most recent xxxx, will be payable for the renewal of the coverage afforded by the insurance policies upon the expiration thereof in order to accumulate with Lender sufficient funds to pay all such insurance premiums at least twenty (20) days prior to the expiration of the policies required to be maintained by Borrower pursuant to the terms hereof (said monthly amounts hereinafter called the “Monthly Insurance Reserve Amount”MONTHLY INSURANCE RESERVE AMOUNT); provided, however, that immediately following an Insurance Reserve Trigger, Borrower will pay to Lender for transfer by Lender to the Insurance Reserve Account (or if Borrower fails to so pay Lender, Lender will transfer from the Holding Account) an amount equal to payments of insurance premiums required to be made by Borrower to pay (or to reimburse Borrower or Operating Lessee) for the insurance required pursuant to Article VI and under the Security Instrument. As of the Closing Date, the Monthly Insurance Reserve Amount is $0.00. The Monthly Insurance Reserve Amount, if same is payable pursuant to Section 3.1 and this Section 16.2, shall be paid by Borrower to Lender on each Payment Date. Lender will apply the Monthly Insurance Reserve Amount and other amounts in the Insurance Reserve Account to payments of insurance premiums required to be made by Borrower to pay (or to reimburse Borrower or Affiliate Tenant) for the insurance required pursuant to Article VI and under the Security Instrument. In making any payment relating to the Insurance Reserve Account, Lender may do so according to any xxxx, statement or estimate procured from the insurer or agent, without inquiry into the accuracy of such xxxx, statement or estimate or into the validity thereof. If at any time Lender reasonably determines that the Insurance Reserve Amount is not or will not be sufficient to pay insurance premiums (up to a maximum amount equal to the aggregate annual insurance premium required hereunder), Lender shall notify Borrower of such determination and Borrower shall increase the Insurance Reserve Amount by the amount that Lender reasonably estimates is sufficient to make up the deficiency at least thirty (30) days prior to expiration of the applicable insurance policies. Upon payment of such insurance premiums, Lender shall reassess the amount necessary to be deposited in the Insurance Reserve Account for the succeeding period, which calculation shall take into account any excess amounts remaining in the Insurance Reserve Account.

Appears in 1 contract

Samples: Loan and Security Agreement (CNL Hotels & Resorts, Inc.)

Insurance Reserve Account. If an Event of Default shall have occurred and be continuing and if required as provided in Section 3.1 hereof, Borrower will immediately pay to Lender for transfer by Lender to the Holding Account (or if Borrower fails to so pay Lenderin the case of the Maryland Property, Lender will transfer from the Holding AccountMaryland Loan Guarantor) an amount (the “Insurance Reserve Amount”) equal to payments of insurance premiums required to be made by Borrower to pay (or to reimburse Borrower or Operating Lessee for) the insurance required pursuant to Article VI and under the Security Instrument shall, in accordance with the time periods set forth in Section 3.1, cause to be deposited into the Insurance Reserve Account an amount equal to one-twelfth of the insurance premiums that Lender reasonably estimates estimates, based on the most recent xxxx, will be payable for the renewal of the coverage afforded by the insurance policies upon the expiration thereof in order to accumulate with Lender sufficient funds to pay all such insurance premiums at least twenty thirty (2030) days prior to the expiration of the policies required to be maintained by Borrower pursuant to the terms hereof (said monthly amounts hereinafter called the “Monthly Insurance Reserve Amount”); provided, however, that immediately following an Insurance Reserve Trigger, Borrower will pay to Lender for transfer by Lender to ,” and the aggregate amount of funds held in the Insurance Reserve Account (or if Borrower fails to so pay Lender, Lender will transfer from being the Holding Account) an amount equal to payments of insurance premiums required to be made by Borrower to pay (or to reimburse Borrower or Operating Lessee) for the insurance required pursuant to Article VI and under the Security Instrument“Insurance Reserve Amount”). As of the Closing Date, the Monthly Insurance Reserve Amount is $0.00206,007.88, but such amount is subject to adjustment by Lender upon notice to Borrower. The Monthly Insurance Reserve Amount, if same is payable pursuant to Section 3.1 and this Section 16.2, Amount shall be paid by Borrower (or in the case of the Maryland Property, Maryland Loan Guarantor) to Lender on each Payment Date. Lender will apply the Monthly Insurance Reserve Amount to payments of insurance premiums required to be made by Borrower to pay for (or in the insurance required case of the Maryland Property, Maryland Loan Guarantor) pursuant to Article VI and under the Security Instrument. In making any payment relating to the Insurance Reserve Account, Lender may do so according to any xxxx, statement or estimate procured from the insurer or agent, without inquiry into the accuracy of such xxxx, statement or estimate or into the validity thereof. If the amount of funds in the Insurance Reserve Account shall exceed the amounts due for insurance premiums pursuant to Article VI, Lender shall credit such excess against future payments to be made to the Insurance Reserve Account. If at any time Lender reasonably determines that the Insurance Reserve Amount is not or will not be sufficient to pay insurance premiums (up to a maximum amount equal to by the aggregate annual insurance premium required hereunder)dates set forth above, Lender shall notify Borrower of such determination and Borrower (or in the case of the Maryland Property, Maryland Loan Guarantor) shall increase the Insurance Reserve Amount its monthly payments to Lender by the amount that Lender reasonably estimates is sufficient to make up the deficiency at least thirty (30) days prior to expiration of the applicable insurance policies. Upon payment of such insurance premiums, Lender shall reassess the amount necessary to be deposited in the Insurance Reserve Account for the succeeding period, which calculation shall take into account any excess amounts remaining in the Insurance Reserve Account.

Appears in 1 contract

Samples: Loan and Security Agreement (BlueLinx Holdings Inc.)

Insurance Reserve Account. If an Event of Default shall have occurred and be continuing and if required as provided in Section 3.1 hereof, Borrower will immediately pay to Lender for transfer by Lender to the Holding Account (or if Borrower fails to so pay Lender, Lender will transfer from the Holding Account) an amount (the “Insurance Reserve Amount”) equal to payments of insurance premiums required to be made by Borrower to pay (or to reimburse Borrower or Operating Lessee for) the insurance required pursuant to Article VI and under the Security Instrument in In accordance with the time periods set forth in Section 3.1, Borrower shall deposit into the Insurance Reserve Account an amount equal to one-twelfth of the insurance premiums that Lender reasonably estimates estimates, based on the most recent xxxx, will be payable for the renewal of the coverage afforded by the insurance policies upon the expiration thereof in order to accumulate with Lender sufficient funds to pay all such insurance premiums (or the portion thereof allocable to the Property, as applicable) at least twenty thirty (2030) days prior to the expiration of the policies required to be maintained by Borrower pursuant to the terms hereof (said monthly amounts hereinafter called the “Monthly Insurance Reserve Amount”); providedMONTHLY INSURANCE RESERVE AMOUNT, however, that immediately following an Insurance Reserve Trigger, Borrower will pay to Lender for transfer by Lender to and the aggregate amount of funds held in the Insurance Reserve Account (or if Borrower fails to so pay Lender, Lender will transfer from being the Holding Account) an amount equal to payments of insurance premiums required to be made by Borrower to pay (or to reimburse Borrower or Operating Lessee) for the insurance required pursuant to Article VI and under the Security InstrumentINSURANCE RESERVE AMOUNT). As of the Closing Date, the Monthly Insurance Reserve Amount is $0.00141,620, but such amount is subject to adjustment by Lender, in its reasonable discretion in accordance with the provisions of this Section 16.2. The Monthly Insurance Reserve Amount, if same is payable pursuant to Section 3.1 and this Section 16.2, Amount shall be paid by Borrower to Lender on each Payment Date. Lender will apply the Monthly Insurance Reserve Amount to payments of insurance premiums required to be made by Borrower to pay for the insurance required pursuant to Article V and Article VI and under the Security Instrument. Lender and Borrower acknowledge that the funds deposited into the Insurance Reserve Account on the date hereof in the amount of $1,725,444 represent estimated portions of premiums allocable to the Property for blanket insurance policies, which premiums are expected to come due, and which reserve funds are anticipated to be disbursed for payment of such allocated portions thereof, within approximately the next thirty (30) days. In making any payment relating to the Insurance Reserve Account, Lender may do so according to any xxxx, statement or estimate procured from the insurer or agent, without inquiry into the accuracy of such xxxx, statement or estimate or into the validity thereof. If the amount of funds in the Insurance Reserve Account shall exceed the amounts due for insurance premiums pursuant to Article V and Article VI, Lender shall credit such excess against future payments to be made to the Insurance Reserve Account. If at any time Lender reasonably determines that the Insurance Reserve Amount is not or will not be sufficient to pay insurance premiums (up to a maximum amount equal to by the aggregate annual insurance premium required hereunder)dates set forth above, Lender shall notify Borrower of such determination and Borrower shall increase the Insurance Reserve Amount its monthly payments to Lender by the amount that Lender reasonably estimates is sufficient to make up the deficiency at least thirty (30) days prior to expiration of the applicable insurance policiesPolicies. Upon payment of the such insurance premiums, Lender shall reassess the amount necessary to be deposited in the Insurance Reserve Account for the succeeding period, which calculation shall take into account any excess amounts remaining in the Insurance Reserve Account. Any amount remaining in the Insurance Reserve Account after the Indebtedness has been paid in full shall be returned to Borrower.

Appears in 1 contract

Samples: Loan and Security Agreement (Maguire Properties Inc)

Insurance Reserve Account. If an Event of Default shall have occurred and be continuing and if required as provided in Section 3.1 hereof, Borrower will immediately pay to Lender for transfer by Lender to the Holding Account (or if Borrower fails to so pay Lender, Lender will transfer from the Holding Account) an amount (the “Insurance Reserve Amount”) equal to payments of insurance premiums required to be made by Borrower to pay (or to reimburse Borrower or Operating Lessee for) the insurance required pursuant to Article VI and under the Security Instrument in In accordance with the time periods and subject to the terms set forth in Section 3.1, Borrower shall deposit into the Insurance Reserve Account an amount equal to one-twelfth of the insurance premiums that Lender reasonably estimates estimates, based on the most recent xxxx, will be payable for the renewal of the coverage afforded by the insurance policies upon the expiration thereof thereof, or the portion of the premium allocated to the Property with respect to any blanket insurance policy obtained pursuant to Section 6.1.13, in order to accumulate with Lender sufficient funds to pay all such insurance premiums at least twenty thirty (2030) days prior to the expiration of the policies required to be maintained by Borrower pursuant to the terms hereof (said monthly amounts hereinafter called the “Monthly Insurance Reserve Amount”); providedMONTHLY INSURANCE RESERVE AMOUNT, however, that immediately following an Insurance Reserve Trigger, Borrower will pay to Lender for transfer by Lender to and the aggregate amount of funds held in the Insurance Reserve Account (or if Borrower fails being the INSURANCE RESERVE AMOUNT). The Monthly Insurance Reserve Amount is subject to adjustment by Lender in Lender's reasonable discretion upon notice to Borrower. In the event that, and for so pay Lenderlong as, Lender will transfer from the Holding Account) an amount equal to payments of Bloomberg is not paying all insurance premiums required to be made by Borrower to pay (or to reimburse Borrower or Operating Lessee) provided for the insurance required pursuant to Article VI and under the Security Instrument. As of the Closing DateBloomberg Lease, then, the Monthly Insurance Reserve Amount is $0.00. The Monthly Insurance Reserve Amount, if same is payable pursuant to Section 3.1 and this Section 16.2, shall be paid by Borrower to Lender on each Payment Date, pursuant to Section 3.1.7(ii). Lender will apply the Monthly Insurance Reserve Amount to payments of insurance premiums required to be made by Borrower to pay for the insurance required pursuant to Article V and Article VI and under the Security Instrument. In making any payment relating to the Insurance Reserve Account, Lender may do so according to any xxxx, statement or estimate procured from the insurer or agent, without inquiry into the accuracy of such xxxx, statement or estimate or into the validity thereof. If the amount of funds in the Insurance Reserve Account shall exceed the amounts due for insurance premiums pursuant to Article V and Article VI, Lender shall transfer such excess to the Collection Account. If at any time Lender reasonably determines that the Insurance Reserve Amount is not or will not be sufficient to pay insurance premiums (up to a maximum amount equal to by the aggregate annual insurance premium required hereunder)dates set forth above, Lender shall notify Borrower of such determination and Borrower shall increase the Insurance Reserve Amount its monthly payments to Lender by the amount that Lender reasonably estimates is sufficient to make up the deficiency at least thirty (30) days prior to expiration of the applicable insurance policiesPolicies. Upon payment of the such insurance premiums, Lender shall reassess the amount necessary to be deposited in the Insurance Reserve Account for the succeeding period, which calculation shall take into account any excess amounts remaining in the Insurance Reserve Account. Provided no Event of Default has occurred and is continuing, Lender agrees to reimburse to Borrower from funds on deposit in the Insurance Reserve Account the amount of any insurance premium allocable to the Property that was paid under a blanket insurance policy. Prior to any such disbursement, Borrower will provide Lender with an Officer's Certificate together with supporting documentation reasonably acceptable to Lender evidencing such payment.

Appears in 1 contract

Samples: Loan and Security Agreement (Alexanders Inc)

Insurance Reserve Account. If an Event of Default shall have occurred and be continuing and if required As long as provided in Section 3.1 hereofthe Mortgage Loan remains outstanding, Borrower shall cause Mortgage Borrower to comply with its obligations under Section 17.2 of the Mortgage Loan Agreement. Subject to Section 4.4.5(a), if Borrower elects to make any portion of any such payment from an Advance, Borrower shall request Advances to pay for Insurance Premiums payable by Borrower not later than the Payment Date immediately preceding each date on which the Insurance Premiums will immediately pay to Lender be payable for transfer the renewal of the coverage afforded by Lender the Policies upon the expiration thereof. Solely to the Holding extent required pursuant to Section 17.7, from and after the Payment Date first occurring after (x) written notice from Administrative Agent to Borrower instructing Borrower to begin making deposits to the Insurance Reserve Account and (or if Borrower fails y) the establishment of a tax reserve account pursuant to so pay Lenderand in accordance with Section 5.1.1(c) (such tax reserve account, Lender will transfer from the Holding Account) an amount (the “Insurance Reserve AmountAccount) equal to payments of insurance premiums required to be made by ), and on each Payment Date thereafter, Borrower to pay (or to reimburse Borrower or Operating Lessee for) shall deposit into the insurance required pursuant to Article VI and under the Security Instrument in accordance with the time periods Insurance Reserve Account, first as set forth in Section 3.15.1.6(a) and, to the extent such funds are insufficient, second from Interest/OpEx Advances under this Agreement and third from funds provided by Borrower, an amount equal to one-twelfth of the insurance premiums Insurance Premiums payable by Borrower or Mortgage Borrower that Lender Administrative Agent reasonably estimates estimates, based on the most recent xxxx, will be payable for the renewal of the coverage afforded by the insurance policies Policies upon the expiration thereof in order to accumulate with Lender Administrative Agent sufficient funds to pay all such insurance premiums Insurance Premiums at least twenty thirty (2030) days prior to the expiration of the policies Policies required to be maintained by Borrower or Mortgage Borrower pursuant to the terms hereof (said monthly amounts hereinafter called the “Monthly Insurance Reserve Amount”); provided, however, that immediately following an Insurance Reserve Trigger, Borrower will pay to Lender for transfer by Lender to and the aggregate amount of funds held in the Insurance Reserve Account being the “Insurance Reserve Amount”). Notwithstanding the foregoing, but subject to and in accordance with the terms of Section 4.4.5 and 17.6, (or if Borrower fails to so pay Lender, Lender will transfer i) Interest/OpEx Advances from the Holding Account) an amount equal Interest/OpEx Allocation shall first be used to payments of insurance premiums required to be made by Borrower to pay (or to reimburse Borrower or Operating Lessee) for the insurance required pursuant to Article VI and under the Security Instrument. As make deposits of the Closing Date, the Monthly Insurance Reserve Amount is $0.00. The Monthly Insurance Reserve Amount, if same is payable pursuant to Section 3.1 and this Section 16.2, (ii) then amounts available in the Excess Cash Flow Reserve Account shall be paid by utilized to make deposits of the Monthly Insurance Reserve Amount, and (iii) then, to the extent such funds are insufficient to fully fund the Monthly Insurance Reserve Amount, Borrower to Lender on each Payment Dateshall deposit the balance from its own funds. Lender Administrative Agent will apply the Monthly Insurance Reserve Amount to payments of insurance premiums Insurance Premiums required to be made by Borrower to pay for the insurance required pursuant to Article VI this Agreement and under the Security Instrument. In making any payment relating to the Insurance Reserve Account, Lender Administrative Agent may do so according to any xxxx, statement or estimate procured from the insurer or agent, without inquiry into the accuracy of such xxxx, statement or estimate or into the validity thereofthereof until such time as Borrower shall notify Administrative Agent of a potential inaccuracy in any xxxx, statement or estimate or challenge the validity of such xxxx, statement or estimate. If the amount of funds in the Insurance Reserve Account shall exceed the amounts due for Insurance Premiums pursuant to this Agreement, Administrative Agent shall credit such excess against future payments to be made to the Insurance Reserve Account. If at any time Lender Administrative Agent reasonably determines that the Insurance Reserve Amount is not or will not be sufficient to pay insurance premiums (up to a maximum amount equal to Insurance Premiums by the aggregate annual insurance premium required hereunder)dates set forth above, Lender Administrative Agent shall notify Borrower of such determination and Borrower shall increase the Insurance Reserve Amount its monthly payments to Administrative Agent by the amount that Lender Administrative Agent reasonably estimates is sufficient to make up the deficiency at least thirty (30) days prior to expiration of the applicable insurance policiesPolicies. Upon payment of such insurance premiumsInsurance Premiums, Lender Administrative Agent shall reassess the amount necessary to be deposited in the Insurance Reserve Account for the succeeding period, which calculation shall take into account any excess amounts remaining in the Insurance Reserve Account. Any Insurance Reserve Amount remaining on deposit in the Insurance Reserve Account upon the satisfaction in full of the Debt (exclusive of any indemnification or other obligations which are expressly stated in any of the Loan Documents to survive the satisfaction of the Note(s) in full) shall be disbursed to Borrower.

Appears in 1 contract

Samples: Mezzanine Loan and Security Agreement (NRI Real Token Inc.)

Insurance Reserve Account. If Following an Event of Default shall have occurred and be continuing and if required as provided in Section 3.1 hereofInsurance Reserve Trigger, Borrower will immediately pay to Lender for transfer by Lender to the Holding Account (or if Borrower fails to so pay Lender, Lender will transfer from the Holding Account) an amount (the Insurance Reserve Amount) equal to payments of insurance premiums required to be made by Borrower to pay (or to reimburse Borrower or Operating Lessee for) the insurance required pursuant to Article VI and under the Security Instrument Instrument. In addition, prior to such time as Borrower maintains blanket policies of insurance in all respects satisfactory to Lender pursuant to Section 6.1.16, and otherwise following an Insurance Reserve Trigger, in accordance with the time periods set forth in Section 3.1, Borrower shall deposit into the Insurance Reserve Account an amount equal to one-twelfth of the insurance premiums that Lender reasonably estimates based on the most recent xxxx, will be payable for the renewal of the coverage afforded by the insurance policies upon the expiration thereof in order to accumulate with Lender sufficient funds to pay all such insurance premiums at least twenty (20) days prior to the expiration of the policies required to be maintained by Borrower pursuant to the terms hereof (said monthly amounts hereinafter called the Monthly Insurance Reserve Amount); provided, however, that immediately following an Insurance Reserve Trigger, Borrower will pay to Lender for transfer by Lender to the Insurance Reserve Account (or if Borrower fails to so pay Lender, Lender will transfer from the Holding Account) an amount equal to payments of insurance premiums required to be made by Borrower to pay (or to reimburse Borrower or Operating Lessee) for the insurance required pursuant to Article VI and under the Security Instrument. As of the Closing Date, the Monthly Insurance Reserve Amount is $0.00. The Monthly Insurance Reserve Amount, if same is payable pursuant to Section 3.1 and this Section 16.2, shall be paid by Borrower to Lender on each Payment Date. Lender will apply the Monthly Insurance Reserve Amount to payments of insurance premiums required to be made by Borrower to pay for the insurance required pursuant to Article VI and under the Security Instrument. In making any payment relating to the Insurance Reserve Account, Lender may do so according to any xxxx, statement or estimate procured from the insurer or agent, without inquiry into the accuracy of such xxxx, statement or estimate or into the validity thereof. If at any time Lender reasonably determines that the Insurance Reserve Amount is not or will not be sufficient to pay insurance premiums (up to a maximum amount equal to the aggregate annual insurance premium required hereunder), Lender shall notify Borrower of such determination and Borrower shall increase the Insurance Reserve Amount by the amount that Lender reasonably estimates is sufficient to make up the deficiency at least thirty (30) days prior to expiration of the applicable insurance policies. Upon payment of such insurance premiums, Lender shall reassess the amount necessary to be deposited in the Insurance Reserve Account for the succeeding period, which calculation shall take into account any excess amounts remaining in the Insurance Reserve Account.

Appears in 1 contract

Samples: Loan and Security Agreement (CNL Hotels & Resorts, Inc.)

Insurance Reserve Account. If At any time when (a) the insurance required to be maintained pursuant to this Agreement is provided under a blanket policy in accordance with Article VI hereof and the premiums in respect of such blanket policy are not paid or caused to be paid at least 3 months before such premiums become due and payable and (b) Manager does not reserve for or otherwise set aside and pay, in no more than four (4) installments per year, premiums with respect to the Insurance Requirements or following an Event of Default shall have occurred and be continuing and if required as provided in Section 3.1 hereofInsurance Reserve Trigger, Borrower will immediately pay to Lender Administrative Agent for transfer by Lender Administrative Agent to the Holding Account (or if Borrower fails to so pay LenderAdministrative Agent, Lender Administrative Agent will transfer from the Holding Account) an amount (the Insurance Reserve Amount) equal to payments of insurance premiums required to be made by Borrower to pay (or to reimburse Borrower or Operating Lessee for) the insurance required pursuant to Article VI and under the Security Instrument Instrument. In addition, at any time when the insurance required to be maintained pursuant to this Agreement is provided under a blanket policy in accordance with Article VI hereof and (a) the premiums in respect of such blanket policy are not paid or caused to be paid at least 3 months before such premiums become due and payable and (b) Manager does not reserve for or otherwise set aside and pay, in no more than four (4) installments per year, premiums with respect to the Insurance Requirements, and otherwise following an Insurance Reserve Trigger, in accordance with the time periods set forth in Section 3.1, Borrower shall deposit into the Insurance Reserve Account an amount equal to one-twelfth of the insurance premiums that Lender Administrative Agent reasonably estimates based on the most recent xxxx, will be payable for the renewal of the coverage afforded by the insurance policies upon the expiration thereof in order to accumulate with Lender Administrative Agent sufficient funds to pay all such insurance premiums at least twenty (20) days prior to the expiration of the policies required to be maintained by Borrower pursuant to the terms hereof (said monthly amounts hereinafter called the Monthly Insurance Reserve Amount); provided, however, that immediately following an Insurance Reserve Trigger, Borrower will pay to Lender Administrative Agent for transfer by Lender Administrative Agent to the Insurance Reserve Account (or if Borrower fails to so pay LenderAdministrative Agent, Lender Administrative Agent will transfer from the Holding Account) an amount equal to payments of insurance premiums required to be made by Borrower to pay (or to reimburse Borrower or Operating Lessee) for the insurance required pursuant to Article VI and under the Security Instrument. As of the Closing Date, the Monthly Insurance Reserve Amount is $0.00. The Monthly Insurance Reserve Amount, if same is payable pursuant to Section 3.1 and this Section 16.2, shall be paid by Borrower to Lender Administrative Agent on each Payment Date. Lender Administrative Agent will apply the Monthly Insurance Reserve Amount to payments of insurance premiums required to be made by Borrower to pay for the insurance required pursuant to Article VI and under the Security Instrument. In making any payment relating to the Insurance Reserve Account, Lender Administrative Agent may do so according to any xxxx, statement or estimate procured from the insurer or agent, without inquiry into the accuracy of such xxxx, statement or estimate or into the validity thereof. If at any time Lender Administrative Agent reasonably determines that the Insurance Reserve Amount is not or will not be sufficient to pay insurance premiums (up to a maximum amount equal to the aggregate annual insurance premium required hereunder), Lender Administrative Agent shall notify Borrower of such determination and Borrower shall increase the Insurance Reserve Amount by the amount that Lender Administrative Agent reasonably estimates is sufficient to make up the deficiency at least thirty (30) days prior to expiration of the applicable insurance policies. Upon payment of such insurance premiums, Lender Administrative Agent shall reassess the amount necessary to be deposited in the Insurance Reserve Account for the succeeding period, which calculation shall take into account any excess amounts remaining in the Insurance Reserve Account.

Appears in 1 contract

Samples: Loan and Security Agreement (Strategic Hotels & Resorts, Inc)

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