WEAR AND TEAR EXCEPTED.
(B)
REQUIRED INSURANCE COVERAGE.
BORROWER WILL MAINTAIN, AND WILL
CAUSE EACH SUBSIDIARY TO MAINTAIN, (I) CASUALTY INSURANCE ON ALL REAL AND
PERSONAL PROPERTY ON AN ALL RISKS BASIS (INCLUDING THE PERILS OF FLOOD AND
QUAKE), COVERING THE REPAIR AND REPLACEMENT COST OF ALL SUCH PROPERTY AND
COVERAGE FOR BUSINESS INTERRUPTION AND PUBLIC LIABILITY INSURANCE (INCLUDING
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE) IN EACH CASE OF THE KINDS
CUSTOMARILY CARRIED OR
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MAINTAINED BY PERSONS OF ESTABLISHED REPUTATION ENGAGED IN SIMILAR BUSINESSES
AND IN AMOUNTS ACCEPTABLE TO ADMINISTRATIVE AGENT AND (II) SUCH OTHER INSURANCE
COVERAGE IN SUCH AMOUNTS AND WITH RESPECT TO SUCH RISKS AS ADMINISTRATIVE AGENT
MAY REASONABLY REQUEST.
ALL SUCH INSURANCE SHALL BE PROVIDED BY INSURERS HAVING
AN A.M. BEST POLICYHOLDERS RATING REASONABLY ACCEPTABLE TO ADMINISTRATIVE
AGENT.
BORROWER WILL NOT, AND WILL NOT PERMIT ANY SUBSIDIARY TO, BRING OR KEEP
ANY ARTICLE ON ANY BUSINESS LOCATION OF ANY CREDIT PARTY, OR CAUSE OR ALLOW ANY
CONDITION TO EXIST, IF THE PRESENCE OF SUCH ARTICLE OR THE OCCURRENCE OF SUCH
CONDITION COULD REASONABLY CAUSE THE INVALIDATION OF ANY INSURANCE REQUIRED BY
THIS SECTION 4.4(B), OR WOULD OTHERWISE BE PROHIBITED BY THE TERMS THEREOF.
(C)
EVIDENCE OF INSURANCE COVERAGE.
ON OR PRIOR TO THE CLOSING DATE,
AND AT ALL TIMES THEREAFTER, BORROWER WILL CAUSE ADMINISTRATIVE AGENT TO BE
NAMED AS AN ADDITIONAL INSURED, ASSIGNEE AND LOSS PAYEE (WHICH SHALL INCLUDE, AS
APPLICABLE, IDENTIFICATION AS MORTGAGEE), AS APPLICABLE, ON EACH INSURANCE
POLICY REQUIRED TO BE MAINTAINED PURSUANT TO THIS SECTION 4.4 PURSUANT TO
ENDORSEMENTS IN FORM AND SUBSTANCE REASONABLY ACCEPTABLE TO ADMINISTRATIVE
AGENT.
BORROWER WILL DELIVER TO ADMINISTRATIVE AGENT AND LENDERS (I) ON THE
CLOSING DATE, A CERTIFICATE FROM BORROWER'S INSURANCE BROKER DATED SUCH DATE
SHOWING THE AMOUNT OF COVERAGE AS OF SUCH DATE, AND THAT SUCH POLICIES WILL
INCLUDE EFFECTIVE WAIVERS (WHETHER UNDER THE TERMS OF ANY SUCH POLICY OR
OTHERWISE) BY THE INSURER OF ALL CLAIMS FOR INSURANCE PREMIUMS AGAINST ALL LOSS
PAYEES AND ADDITIONAL INSUREDS AND ALL RIGHTS OF SUBROGATION AGAINST ALL LOSS
PAYEES AND ADDITIONAL INSUREDS, AND THAT IF ALL OR ANY PART OF SUCH POLICY IS
CANCELED, TERMINATED OR EXPIRES, THE INSURER WILL FORTHWITH GIVE NOTICE THEREOF
TO EACH ADDITIONAL INSURED, ASSIGNEE AND LOSS PAYEE AND THAT NO CANCELLATION,
REDUCTION IN AMOUNT OR MATERIAL CHANGE IN COVERAGE THEREOF SHALL BE EFFECTIVE
UNTIL AT LEAST TEN (10) DAYS AFTER RECEIPT BY EACH ADDITIONAL INSURED, ASSIGNEE
AND LOSS PAYEE OF WRITTEN NOTICE THEREOF, (II) ON AN ANNUAL BASIS, AND UPON THE
REASONABLE REQUEST OF ANY LENDER THROUGH ADMINISTRATIVE AGENT FROM TIME TO TIME
FULL INFORMATION AS TO THE INSURANCE CARRIED, (III) WITHIN FIVE (5) DAYS OF
RECEIPT OF NOTICE FROM ANY INSURER, A COPY OF ANY NOTICE OF CANCELLATION,
NONRENEWAL OR MATERIAL CHANGE IN COVERAGE FROM THAT EXISTING ON THE DATE OF THIS
AGREEMENT AND (IV) FORTHWITH, NOTICE OF ANY CANCELLATION OR NONRENEWAL OF
COVERAGE BY BORROWER.
(D)
[RESERVED.]
(E)
RIGHT TO PURCHASE INSURANCE.
IN THE EVENT BORROWER FAILS TO
PROVIDE ADMINISTRATIVE AGENT WITH EVIDENCE OF