ELNK » Topics » 16.11. Insurance

These excerpts taken from the ELNK 8-K filed Nov 9, 2007.
4.4.         Insurance. The Management Company shall purchase and maintain insurance coverage adequate to cover risks of such types and in such amounts as are customary for companies of similar size engaged in similar lines of business, including, without limitation, liability insurance for the benefit of its employees, directors and officers with respect to claims against such employees, directors and officers in their capacity as employees, directors and officers in such amounts as the Management Company shall determine are adequate.

 

16.11.     Insurance. The Operating Company shall purchase and maintain insurance coverage adequate to cover risks of such types and in such amounts as are customary for companies of similar size engaged in similar lines of business, including, without limitation, liability insurance for the benefit of its employees and officers with respect to claims against

 

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This excerpt taken from the ELNK 8-K filed Dec 14, 2005.

2.15                           Insurance.

 

(a)                                  Schedule 2.15 of the Disclosure Letter lists all of the policies of insurance currently maintained by the Company.  Each such policy is in full force and effect.  With respect to each such policy:  (i) all policy premiums due and payable with respect to all periods specified in Schedule 2.15 of the Disclosure Letter have either been paid or adequate provisions for the payment by the Company or its Subsidiaries thereof has been made and the Company and its Subsidiaries are otherwise in compliance with the terms of such policies; (ii) neither the Company nor any of its Subsidiaries has received any written notice of any material increase of premiums with respect to, or termination, cancellation or non-renewal of, any of such insurance policies; and (iii) there are no material claims by the Company or its Subsidiaries under any of such policies relating to the business, assets or properties of the Company or its Subsidiaries as to which any insurance company is denying or disputing liability or defending under a reservation of rights or similar clause other than a general reservation of rights.

 

(b)                                 The Company and its Subsidiaries have and at all times since December 21, 2004 had in effect insurance coverage with reputable insurers that, in respect of amounts, premiums, types and risks insured, the Company believes to constitute reasonable coverage against all risks customarily insured against by corporations comparable in size and operations to the Company and its Subsidiaries.

 

2.16                           Environmental Matters.  Except as would not, individually or in the aggregate, reasonably be expected to have or result in a Material Adverse Effect:

 

(a)                                  the Company and its Subsidiaries are operating, and have at all times operated, their businesses in compliance in all material respects with all applicable Environmental Laws;

 

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(b)                                 the Company and its Subsidiaries have obtained, and are in compliance in all material respects with, all permits and authorizations required under applicable Environmental Laws;

 

(c)                                  neither the Company nor any of its Subsidiaries has received from any Governmental Entity any written notice of violation, alleged violation, non-compliance, liability or potential liability regarding compliance with applicable Environmental Laws, other than matters that been resolved an are no longer outstanding;

 

(d)                                 no judicial proceeding or governmental or administrative action is pending under any applicable Environmental Law pursuant to which the Company or any of its Subsidiaries is named as a party;

 

(e)                                  neither the Company nor any of its Subsidiaries has entered into any agreement with any Governmental Entity pursuant to which the Company or any of its Subsidiaries has any continuing obligations with respect to the remediation of any condition resulting from the release or threatened release of Hazardous Substances; and

 

(f)                                    to the Knowledge of the Company, no Hazardous Substances are presently being spilled, released or discharged by the Company in buildings or the soil, sub-surface strata, air, water or ground water under or upon any plant, facility, site, area or property currently leased by the Company or any of its Subsidiaries or on which the Company or any of its Subsidiaries is conducting its business or operations.

 

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