possession to the extent that it is within such party's control to permit such
inspection, and to examine the books and records of the Borrower and any such
Subsidiary and discuss the affairs, finances and accounts the Borrower and of
any such Subsidiary with, and be advised as to the same by, its and their
officers and independent accountants, all at such reasonable times and intervals
and to such reasonable extent as the Administrative Agent or the Required
Lenders may desire.
9.3.
Maintenance of Insurance.
(a)
Generally.
The Borrower will, and
will cause each of the Material Subsidiaries to, at all times maintain in full
force and effect, with insurance companies that the Borrower believes (in the
good faith judgment of the management of the Borrower) are financially sound and
responsible at the time the relevant coverage is placed or renewed, insurance in
at least such amounts and against at least such risks (and with such risk
retentions) as are usually insured against in the same general area by companies
engaged in the same or a similar business; and will furnish to the Lenders, upon
written request from the Administrative Agent, information presented in
reasonable detail as to the insurance so carried.
(b)
Covered Satellites.
The Borrower will, and will cause each of its
Restricted Subsidiaries to, maintain insurance with respect to Satellites as
follows:
(I)
ALL RISKS INSURANCE.
THE BORROWER WILL PROCURE OR WILL CAUSE
EACH SATELLITE MANUFACTURER TO PROCURE AT ITS OWN EXPENSE AND MAINTAIN IN FULL
FORCE AND EFFECT, AT ALL TIMES PRIOR TO THE LAUNCH OF ANY SATELLITE PURCHASED BY
THE BORROWER OR ANY OF ITS RESTRICTED SUBSIDIARIES PURSUANT TO THE TERMS OF A
SATELLITE PURCHASE AGREEMENT, ALL RISKS INSURANCE WITH SUCH TERMS AS ARE
REASONABLY COMMERCIALLY AVAILABLE AND CUSTOMARY IN THE INDUSTRY WITH RESPECT TO
SUCH SATELLITE, IT BEING UNDERSTOOD THAT IF A SATELLITE MANUFACTURER PROCURES
ALL RISKS INSURANCE FOR SATELLITES IN ACCORDANCE WITH THE REQUIREMENTS OF THE
APPLICABLE SATELLITE PURCHASE AGREEMENT, THE BORROWER'S OBLIGATIONS UNDER THIS
CLAUSE (I) WITH RESPECT TO SUCH SATELLITES SHALL BE SATISFIED. IN NO EVENT SHALL
THE BORROWER BE REQUIRED TO, OR BE REQUIRED TO CAUSE ANY SATELLITE MANUFACTURER
TO, PROCURE OR MAINTAIN ALL RISKS INSURANCE TO INSURE RISKS THAT MAY BE REQUIRED
TO BE INSURED BY, OR THAT COVERS THE SAME RISKS OR THE SAME PERIOD OF COVERAGE
AS, LAUNCH INSURANCE.
(II)
LAUNCH INSURANCE.
THE BORROWER WILL, OR WILL CAUSE THE RELEVANT
SATELLITE MANUFACTURER TO, OBTAIN, MAINTAIN AND KEEP IN FULL FORCE AND EFFECT
WITH RESPECT TO EACH COVERED SATELLITE THAT IS TO BE LAUNCHED, LAUNCH INSURANCE
(IT BEING UNDERSTOOD THAT IF A SATELLITE MANUFACTURER PROCURES LAUNCH INSURANCE
FOR COVERED SATELLITES IN ACCORDANCE WITH THE TERMS OF THIS CLAUSE (II), THE
BORROWER'S OBLIGATIONS UNDER THIS CLAUSE (II) WITH RESPECT TO SUCH COVERED
SATELLITES SHALL BE SATISFIED), TO BE PROCURED PRIOR TO THE THEN-SCHEDULED
LAUNCH OF SUCH COVERED SATELLITE, WHICH INSURANCE SHALL ATTACH NOT LATER THAN AT
LAUNCH AND CONTINUE IN FULL FORCE AND EFFECT UNTIL NO SOONER THAN THE