ACKNOWLEDGEMENT OF MORTGAGE Sample Clauses

ACKNOWLEDGEMENT OF MORTGAGE. EXHIBIT 1 FORM OF CREDIT AGREEMENT EXHIBIT 2 FORM OF SUBSIDIARY GUARANTY ============================================================================== THIS FIRST PREFERRED MORTGAGE (this "Mortgage") is made on the 30th day of April, 1996
AutoNDA by SimpleDocs
ACKNOWLEDGEMENT OF MORTGAGE. By executing this Lease, Lessee acknowledges that this Aircraft has been mortgaged to Lender pursuant to theMortgage, and that the right of the Lessee to quiet enjoyment referred to in Section 20(f) hereof, is subject to no Event of Default occurring under this Lease.
ACKNOWLEDGEMENT OF MORTGAGE. STATE OF NEW YORK ) ) S.S. COUNTY OF NEW YORK ) On this ___ day of October before me personally appeared [●] to me known who being by me duly sworn did depose and say that he resides at [●] that he is an attorney-in-fact for [●] SHIPPING LLC the limited liability company described in and which executed the foregoing instrument; and that he signed his name thereto by order of the Power of Attorney of said limited liability company dated October ___, 2014. AMOUNT: U.S. $225,000,000 DATE: October ___, 2014 FOR VALUE RECEIVED, EAGLE BULK SHIPPING INC., a corporation incorporated under the laws of the Republic of the Mxxxxxxx Islands, as borrower (the “Borrower”), hereby promises to pay to the order of ABN AMRO CAPITAL USA LLC, in its capacity as agent (in such capacity, the “Agent”, which expression includes its successors and assigns) for the Lenders under the Loan Agreement referred to below, the principal sum of TWO HUNDRED AND TWENTY FIVE MILLION UNITED STATES DOLLARS (U.S. $225,000,000) or, if less, the aggregate unpaid principal amount of the term loan advances (the “Term Loan Advances”) from time to time outstanding made by the Lenders to the Borrower pursuant to the Loan Agreement dated as of October ___, 2014 (as the same may be amended or supplemented from time to time, the “Loan Agreement”) among (i) the Borrower, (ii) the companies listed in Schedule 8 therein as joint and several guarantors, (iii) the banks and financial institutions listed in Schedule 1 therein as lenders (together with their successors and assigns, the “Lenders”), (iv) the banks and financial institutions listed in Schedule 2 therein as swap banks (together with their successors and assigns, the “Swap Banks”), (v) ABN AMRO Capital USA LLC, Crédit Agricole Corporate and Investment Bank and CIT Finance LLC as Mandated Lead Arrangers, (vi) ABN AMRO Capital USA LLC, Crédit Agricole Corporate and Investment Bank and CIT Finance LLC as Bookrunners, (vii) ABN AMRO Capital USA LLC and Crédit Agricole Corporate and Investment Bank as Structuring Banks, (viii) ABN AMRO Capital USA LLC as security trustee (the “Security Trustee”, which expression includes its successors and assigns), and (ix) the Agent. Capitalized terms used but not defined herein shall have the meaning assigned such terms in the Loan Agreement. The Term Loan Advances shall be repaid and/or prepaid by the Borrower in accordance with Clause 8 of the Loan Agreement. The Borrower shall also pay interest on the Term Loan Adva...
ACKNOWLEDGEMENT OF MORTGAGE. LISCR PIRAEUS On the [●] day of March in the year 2010 before me, the undersigned, [●] personally appeared [●] residing at [●], personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, as an Attorney-in-Fact for [AMP Maritime S.A.] [Silver Sea Shipping S.A.] pursuant to a Power of Attorney dated [●]. Private & Confidential 1 Definitions 1 2 Assignment and application of funds 4
ACKNOWLEDGEMENT OF MORTGAGE. EXHIBIT 1 FORM OF CREDIT AGREEMENT ============================================================================== THIS FIRST PREFERRED MORTGAGE (this "Mortgage") is made on the 30th day of April, 1996
ACKNOWLEDGEMENT OF MORTGAGE. CITY OF PIRAEUS ) -:s: REPUBLIC OF GREECE ) On this 16th day of December, 2009, before me personally appeared Mr. Xxxxxxx Xxxxxxxx, to me known, who being by me duly sworn, did depose and say that he resides at Piraeus, Greece, that he is the Attorney-in-fact of ADVENTURE TWELVE S.A., of Liberia, the corporation described in and which executed the foregoing First Preferred Ship Mortgage; and he signed his name thereto by order of the Board of Directors of the said corporation. [notary stamp] /s/ Xxxxxxxxx Xxxxxxx Xxxxxxxxx Xxxxxxx
ACKNOWLEDGEMENT OF MORTGAGE. EXHIBIT 1 FORM OF CREDIT AGREEMENT (FILED AS EXHIBIT 10.101 TO THE COMPANY'S ANNUAL REPORT ON FORM 10-K FOR 1995 ----------------------------------------------------------------------------- THIS FIRST PREFERRED MORTGAGE (this "Mortgage") is made on the 28th day of November, 1995
AutoNDA by SimpleDocs

Related to ACKNOWLEDGEMENT OF MORTGAGE

  • Assignment of Mortgage An assignment of the Mortgage, notice of transfer or equivalent instrument in recordable form, sufficient under the laws of the jurisdiction wherein the related Mortgaged Property is located to reflect the transfer of the Mortgage to the party indicated therein, which assignment, notice of transfer or equivalent instrument may be in the form of one or more blanket assignments covering the Mortgage Loans secured by Mortgaged Properties located in the same jurisdiction, if permitted by law. Best Efforts: Efforts determined to be reasonably diligent by the Seller or the Servicer, as the case may be, in its sole discretion. Such efforts do not require the Seller or the Servicer, as the case may be, to enter into any litigation, arbitration or other legal or quasi-legal proceeding, nor do they require the Seller or the Servicer, as the case may be, to advance or expend fees or sums of money in addition to those specifically set forth in this Agreement.

  • Notice of Mortgage The Borrower shall keep the Mortgage registered against the Ship as a valid first priority mortgage, carry on board the Ship a certified copy of the Mortgage and place and maintain in a conspicuous place in the navigation room and the Master’s cabin of the Ship a framed printed notice stating that the Ship is mortgaged by the Borrower to the Security Trustee.

  • Satisfaction of Mortgages and Release of Mortgage Files Upon the payment in full of any Mortgage Loan, or the receipt by the Seller of a notification that payment in full will be escrowed in a manner customary for such purposes, the Seller will obtain the portion of the Mortgage File that is in the possession of the Purchaser or its designee, prepare and process any required satisfaction or release of the Mortgage and notify the Purchaser in accordance with the provisions of this Agreement. The Purchaser agrees to deliver to the Seller (or cause to be delivered to the Seller) the original Mortgage Note for any Mortgage Loan not later than five (5) Business Days following its receipt of a notice from the Seller that such a payment in full has been received or that a notification has been received that such a payment in full shall be made. Such Mortgage Note shall be held by the Seller, in trust, for the purpose of canceling such Mortgage Note and delivering the canceled Mortgage Note to the Mortgagor in a timely manner as and to the extent provided under any applicable federal or state law. In the event the Seller grants a satisfaction or release of a Mortgage without having obtained payment in full of the indebtedness secured by the Mortgage, the Seller shall remit to the Purchaser the Stated Principal Balance of the related Mortgage Loan by deposit thereof in the Custodial Account. The Fidelity Bond shall insure the Seller against any loss it may sustain with respect to any Mortgage Loan not satisfied in accordance with the procedures set forth herein.

  • Acknowledgment of Transfer of Mortgage Pool Assets The Trustee hereby acknowledges and accepts on behalf of the Trust the transfer and assignment pursuant to Section 2.04 to the Trust of the Mortgage Pool Assets, but without having made the review required to be made within 45 days pursuant to Section 2.07, and declares that as of the Closing Date it (or the Custodian on behalf of the Trustee) holds and shall hold any documents constituting a part of the Mortgage Pool Assets, and the Mortgage Pool Assets, as Trustee in trust, upon the trust herein set forth, for the use and benefit of all present and future Holders of the Certificates.

  • Sale and Conveyance of Mortgages; Possession of Mortgage File Effective as of the Closing Date and upon receipt of the purchase price set forth in the immediately succeeding paragraph, the Seller does hereby sell, transfer, assign, set over and convey to the Purchaser, without recourse, all of its right, title, and interest (subject to certain agreements regarding servicing as provided in the Pooling and Servicing Agreement, subservicing agreements permitted thereunder and that certain agreement to appointment of Master Servicer, dated as of October 1, 2015, among the Master Servicer, the Depositor and the Seller, and provided that the Seller hereby retains all rights, if any, it has under each Mortgage Loan to establish or designate the successor borrower upon a defeasance of such Mortgage Loan and/or to purchase or cause to be purchased the related defeasance collateral) in and to the Mortgage Loans described in Exhibit A, including all interest and principal received on or with respect to such Mortgage Loans after the Cut-off Date (other than payments of principal and interest first due on the Mortgage Loans on or before the Cut-off Date). Upon the sale of the Mortgage Loans, the ownership of each related Mortgage Note, the Mortgage and the other contents of the related Mortgage File will be vested in the Purchaser and immediately thereafter the Trustee and the ownership of records and documents with respect to the related Mortgage Loan prepared by or which come into the possession of the Seller (other than the records and documents described in the proviso to Section 3(b) hereof) shall immediately vest in the Purchaser and immediately thereafter the Trustee. The Depositor will sell (i) the Class A-1, Class A-2, Class A-3, Class A-4, Class A-5, Class A-SB, Class X-A, Class X-B, Class A-S, Class B, Class C, Class EC and Class D Certificates (the “Public Certificates”) to the underwriters specified in the underwriting agreement, dated as of October 19, 2015 (the “Underwriting Agreement”), among the Depositor, X.X. Xxxxxx Securities LLC (“JPMS”), Barclays Capital Inc. (“Barclays”) and Xxxxxx Xxxxxxxx, LLC (“Drexel”, and together with JPMS and Barclays, in such capacity, the “Underwriters”); and (ii) the Class X-C, Class X-D, Class E, Class F, Class G, Class NR, Class R and Class Z Certificates (the “Private Certificates” and, together with the Public Certificates, the “Certificates”) to JPMS and Barclays as the initial purchasers (each in such capacity, an “Initial Purchaser” and collectively, the “Initial Purchasers”) specified in the certificate purchase agreement, dated as of October 19, 2015 (the “Private Certificate Purchase Agreement”), among the Depositor, JPMS and Barclays. The sale and conveyance of the Mortgage Loans is being conducted on an arms-length basis and upon commercially reasonable terms. The purchase price of the Mortgage Loans (inclusive of accrued interest) shall be equal to the amount set forth on the cross receipt between the Seller and the Purchaser dated the date hereof and shall be paid by the Purchaser to the Seller in immediately available funds on the Closing Date. The purchase and sale of the Mortgage Loans shall take place on the Closing Date.

  • Release of Mortgage Mortgagee agrees to promptly and unconditionally release this Mortgage (subject to the provisions set forth in Section 6(b)) as follows: (a) in the event of a bona fide sale (other than a "sale leaseback" or other similar financing transaction) of the Mortgaged Property to a third party that is not affiliated with Mortgagor, provided that each of the following conditions is satisfied: (i) neither Mortgagor nor any of its respective affiliates continue to use or occupy the Mortgaged Property or any part thereof; (ii) Mortgagor shall consult with Mortgagee prior to such sale and shall obtain Mortgagee's prior written consent with respect to such sale and the sales price (such consent not to be unreasonably withheld); and (iii) all of the proceeds of such sale are applied towards repayment of the Obligations or otherwise applied in compliance with the provisions of Section 6(b) hereof. (b) in the event that Mortgagee is paid in full for all amounts owing (or what shall or may become owing under the Relevant Documents) to Mortgagee by Mortgagor and any of its former affiliated debtors, including the indefeasible payment and satisfaction in full of the Obligations. (c) on December 31, 2014 (or on such earlier date as permitted under and pursuant to the provisions of Section 6(b) hereof); provided, however, that if on such date, any amount secured by this Mortgage has not been indefeasibly paid in full, then this Mortgage shall be deemed amended to extend the term hereof until such obligations are so paid.

  • Completion and Recordation of Assignments of Mortgage As soon as practicable after the Closing Date, the Servicing Transfer Date or the date on which a Qualifying Substitute Mortgage Loan is delivered pursuant to Section 2.05 of the Trust Agreement, as applicable (but in no event more than 90 days thereafter except to the extent delays are caused by the applicable public recording office), the Servicer shall cause the endorsements on the Mortgage Note (if applicable), and the Assignments of Mortgage (subject to Section 3.01(a)) to be completed in the name of the Trustee (or MERS, as applicable).

  • Delivery of Mortgage Documents The Mortgage Note, the Mortgage, the Assignment of Mortgage and any other documents required to be delivered for the Mortgage Loan by the Company under this Agreement as set forth in Exhibit C attached hereto have been delivered to the Custodian. The Company is in possession of a complete, true and accurate Mortgage File in compliance with Exhibit B, except for such documents the originals of which have been delivered to the Custodian;

  • Delivery of Mortgage Loan Documents The Seller shall deliver and release to the Purchaser or the custodian appointed by the Purchaser the Mortgage Loan Documents no later than four (4) Business Days prior to the related Closing Date or, upon the request of the Purchaser, earlier, if necessary or desirable to facilitate a review. If the Seller cannot deliver the original recorded Mortgage Loan Documents on the related Closing Date, the Seller shall, promptly upon receipt thereof and in any case not later than 120 days from the Closing Date, deliver such original recorded Mortgage Loan Documents to the Purchaser or the appointed custodian (unless the Seller is delayed in making such delivery by reason of the fact that such documents shall not have been returned by the appropriate recording office). If delivery is not completed within 120 days of the related Closing Date solely because such Mortgage Loan Documents shall not have been returned by the appropriate recording office, the Seller shall deliver such Mortgage Loan Documents to Purchaser, or the appointed custodian, within such time period as specified in a Seller’s Officer’s Certificate. In the event that documents have not been received by the date specified in the Seller’s Officer’s Certificate, a subsequent Seller’s Officer’s Certificate shall be delivered by such date specified in the prior Seller’s Officer’s Certificate, stating a revised date for receipt of documentation. The Seller shall include with each Seller’s Officer’s Certificate a listing of all delayed recorded documents. The procedure shall be repeated until the documents have been received and delivered. The Seller shall use its best efforts to effect delivery of all delayed recorded documents within 180 days of the related Closing Date. If delivery of all Mortgage Loan Documents with respect to any Mortgage Loan is not completed within 360 days of the related Closing Date then, at Purchaser’s option, the Seller shall repurchase such Mortgage Loan in such manner set forth in Section 7.03. Any review by the Purchaser or its designee of the Mortgage Files shall in no way alter or reduce the Seller’s obligations hereunder. If the Purchaser or its designee discovers any defect with respect to any document constituting part of a Mortgage File, the Purchaser shall, or shall cause its designee to, give written specification of such defect to the Seller and the Seller shall cure or repurchase such Mortgage Loan in accordance with Section 7.03. The Seller shall forward to the Purchaser, or its designee, original documents evidencing an assumption, modification, consolidation or extension of any Mortgage Loan entered into within one week of their execution and shall also provide the original of any document submitted for recordation or a copy of such document certified by the appropriate public recording office to be a true and complete copy of the original within five (5) days of its return from the appropriate public recording office.

  • Recordation of Assignments of Mortgage To the extent permitted by applicable law, each of the Assignments of Mortgage is subject to recordation in all appropriate public offices for real property records in all the counties or their comparable jurisdictions in which any or all of the Mortgaged Properties are situated, and in any other appropriate public recording office or elsewhere, such recordation to be effected at the Seller's expense in the event recordation is either necessary under applicable law or requested by the Purchaser at its sole option.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!