Actions following an Event of Default. On, or at any time after, the occurrence and during the continuation of an Event of Default: (a) the Agent may, and if so instructed by the Majority Lenders, the Agent shall: (i) serve on the Borrowers a notice stating that all or part of the Commitments and of the other obligations of each Lender to the Borrowers under this Agreement are cancelled; and/or (ii) serve on the Borrowers a notice stating that all or part of the Loan together with accrued interest and all other amounts accrued or owing under this Agreement are immediately due and payable or are due and payable on demand; and/or (iii) take any other action which, as a result of the Event of Default or any notice served under paragraph (i) or (ii), the Agent and/or the Lenders are entitled to take under any Finance Document or any applicable law; and/or (b) the Security Trustee may, and if so instructed by the Agent, acting with the authorisation of the Majority Lenders, the Security Trustee shall take any action which, as a result of the Event of Default or any notice served under paragraph (a)(i) or (a)(ii), the Security Trustee, the Agent and/or the Lenders and/or the Swap Counterparties are entitled to take under any Finance Document or any applicable law.
Appears in 5 contracts
Samples: Loan Agreement, Loan Agreement (Dynagas LNG Partners LP), Loan Agreement (Dynagas LNG Partners LP)
Actions following an Event of Default. On, or at any time afterafter and during the continuance of, the occurrence and during the continuation of an Event of Default:
(a) the Agent may, and if so instructed by the Majority Lenders, the Agent shall:
(i) serve on the Borrowers a notice stating that all or part of the Commitments and of the all other obligations of each Lender to the Borrowers under this Agreement are cancelled; and/or
(ii) serve on the Borrowers a notice stating that all or part of the Loan Loan, together with accrued interest and all other amounts accrued or owing under this Agreement Agreement, are immediately due and payable or are due and payable on demand, provided that in the case of an Event of Default under either of Clauses 20.1(h) or (i), the Loan and all accrued interest and other amounts accrued or owing hereunder shall be deemed immediately due and payable without notice or demand therefor; and/or
(iii) take any other action which, as a result of the Event of Default or any notice served under paragraph (i) or (ii), the Agent and/or the Lenders are entitled to take under any Finance Document or any applicable law; and/or
(b) the Security Trustee may, and if so instructed by the Agent, acting with the authorisation authorization of the Majority Lenders, the Security Trustee shall shall, take any action which, as a result of the Event of Default or any notice served under paragraph (a)(ia) (i) or (a)(iiii), the Security Trustee, the Agent and/or the Lenders and/or the Swap Counterparties are entitled to take under any Finance Document or any applicable lawlaw to enforce the Security Interests created by this Agreement and any other Finance Document in any manner available to it and in such sequence as the Security Trustee may, in its absolute discretion, determine.
Appears in 4 contracts
Samples: Loan Agreement (Pangaea Logistics Solutions Ltd.), Loan Agreement (Pangaea Logistics Solutions Ltd.), Loan Agreement (Pangaea Logistics Solutions Ltd.)
Actions following an Event of Default. On, or at any time after, the occurrence and during the continuation of an Event of Default:
(a) the Agent may, and if so instructed by the Majority Lenders, the Agent shall:
(i) serve on the Borrowers a notice stating that all or part of the Commitments and of the all other obligations of each Lender to the Borrowers under this Agreement are cancelled; and/or
(ii) serve on the Borrowers a notice stating that all or part of the Loan together with accrued interest and all other amounts accrued or owing under this Agreement are immediately due and payable or are due and payable on demand; and/or
(iii) take any other action which, as a result of the Event of Default or any notice served under paragraph (i) or (ii), the Agent and/or the Lenders are entitled to take under any Finance Document or any applicable law; and/or
(biv) the Security Trustee may, and if so instructed by the Agent, acting with the authorisation of the Majority Lenders, the Security Trustee shall take any action which, as a result of the Event of Default or any notice served under paragraph (a)(i) or (a)(ii), the Security Trustee, the Agent and/or the Lenders and/or the Swap Counterparties Bank are entitled to take under any Finance Document or any applicable law.
Appears in 4 contracts
Samples: Amending and Restating Deed, Amending and Restating Deed (Global Ship Lease, Inc.), Second Amending and Restating Deed (Global Ship Lease, Inc.)
Actions following an Event of Default. On, or at any time after, the occurrence and during the continuation of an Event of DefaultDefault which is continuing:
(a) the Agent may, and if so instructed by the Majority Lenders, the Agent shall:
(i) serve on the Borrowers Borrower a written notice stating that all or part of the Commitments and of the other obligations of each Lender to the Borrowers Borrower under this Agreement are cancelled; and/or
(ii) serve on the Borrowers Borrower a written notice stating that all or part of the Loan together with accrued interest and all other amounts accrued or owing under this Agreement are immediately due and payable or are due and payable on demand; and/or
(iii) take any other action which, as a result of the Event of Default or any notice served under paragraph (i) or (ii), the Agent and/or the Lenders are entitled to take under any Finance Document or any applicable law; and/or
(b) the Security Trustee may, and if so instructed by the Agent, acting with the authorisation of the Majority Lenders, the Security Trustee shall take any action which, as a result of the Event of Default or any notice served under paragraph (a)(i) or (a)(ii), the Security Trustee, the Agent Agent, the Mandated Lead Arranger and/or the Lenders and/or the Swap Counterparties Bank are entitled to take under any Finance Document or any applicable law.
Appears in 3 contracts
Samples: Loan Agreement (EuroDry Ltd.), Loan Agreement (EuroDry Ltd.), Loan Agreement (Euroseas Ltd.)
Actions following an Event of Default. On, or at any time afterafter and during the continuance of, the occurrence and during the continuation of an Event of Default:
(a) the Agent may, and if so instructed by the Majority Lenders, the Agent shall:
(i) serve on the Borrowers a notice stating that all or part of the Commitments and of the all other obligations of each Lender to the Borrowers under this Agreement are cancelled; and/or
(ii) serve on the Borrowers a notice stating that all or part of the Loan Loan, together with accrued interest and all other amounts accrued or owing under this Agreement Agreement, are immediately due and payable or are due and payable on demand, provided that in the case of an Event of Default under either of Clauses 20.1(h) or (i), the Loan and all accrued interest and other amounts accrued or owing hereunder shall be deemed immediately due and payable without notice or demand therefor; and/or
(iii) take any other action which, as a result of the Event of Default or any notice served under paragraph (i) or (ii), the Agent and/or the Lenders are entitled to take under any Finance Document or any applicable law; and/or
(b) the Security Trustee may, and if so instructed by the Agent, acting with the authorisation authorization of the Majority Lenders, the Security Trustee shall shall, take any action which, as a result of the Event of Default or any notice served under paragraph (a)(ia) (i) or (a)(iiii), the Security Trustee, the Agent and/or the Lenders and/or the Swap Counterparties are entitled to take under any Finance Document or any applicable lawlaw to enforce the Security Interests created by this Agreement and any other Finance Document in any manner available to it and in such sequence as the Security Trustee may, in its absolute discretion, determine.
Appears in 3 contracts
Samples: Loan Agreement (Pangaea Logistics Solutions Ltd.), Loan Agreement (Pangaea Logistics Solutions Ltd.), Loan Agreement (Pangaea Logistics Solutions Ltd.)
Actions following an Event of Default. On, or at any time after, the occurrence and during the continuation of an Event of Default:
(a) the Agent may, and if so instructed by the Majority Lenders, the Agent shall:
(i) serve on the Borrowers Borrower a notice stating that all or part of the Commitments and of the other obligations of each Lender to the Borrowers Borrower under this Agreement are cancelled; and/or
(ii) serve on the Borrowers Borrower a notice stating that all or part of the Loan together with accrued interest and all other amounts accrued or owing under this Agreement are immediately due and payable or are due and payable on demand; and/or
(iii) take any other action which, as a result of the Event of Default or any notice served under paragraph (i) or (ii), the Agent and/or the Lenders are entitled to take under any Finance Document or any applicable law; and/or
(b) the Security Trustee may, and if so instructed by the Agent, acting with the authorisation of the Majority Lenders, the Security Trustee shall take any action which, as a result of the Event of Default or any notice served under paragraph (a)(i) or (a)(ii), the Security Trustee, the Agent Agent, the Mandated Lead Arrangers, the Arrangers, the Bookrunners, and/or the Lenders and/or the Swap Counterparties are entitled to take under any Finance Document or any applicable law.
Appears in 3 contracts
Samples: Loan Agreement (Capital Product Partners L.P.), Loan Agreement (Capital Product Partners L.P.), Deed of Amendment and Restatement (Capital Product Partners L.P.)
Actions following an Event of Default. On, or at any time after, the occurrence and during the continuation of an Event of Default:
(a) the Agent may, and if so instructed by the Majority Lenders, the Agent shall:
(i) serve on the Borrowers a notice stating that all or part of the Commitments and of the all other obligations of each Lender to the Borrowers under this Agreement are cancelledterminated; and/or
(ii) serve on the Borrowers a notice stating that if the Event of Default is not remedied, in the case of an Event of Default falling within Clause 19.1(a), within 5 days and in any other case, within 30 days, the Loan, all or part of the Loan together with accrued interest and all other amounts accrued or owing under this Agreement are immediately due and payable or are due and payable on demand; and/or
(iii) take any other action which, as a result of the Event of Default or any notice served under paragraph (i) or (ii), the Agent and/or the Lenders are entitled to take under any Finance Document or any applicable law; and/or
(b) the Security Trustee may, and if so instructed by the Agent, acting with the authorisation of the Majority LendersLender, the Security Trustee shall take any action which, as a result of the Event of Default or any notice served under paragraph (a)(ia) (i) or (a)(iiii), the Security Trustee, the Agent and/or the Lenders and/or the Swap Counterparties are entitled to take under any Finance Document or any applicable law.
Appears in 3 contracts
Samples: Loan Agreement (Navios Maritime Holdings Inc.), Loan Agreement (Navios Maritime Holdings Inc.), Loan Agreement (Navios Maritime Holdings Inc.)
Actions following an Event of Default. On, or at any time after, the occurrence and during the continuation of an Event of DefaultDefault and always subject to the provisions of the Intercreditor Deeds:
(a) the Agent may, and if so instructed by the Majority Lenders, the Agent shall:
(i) serve on the Borrowers Borrower a notice stating that the Facilities, all or part of the Commitments and of the other obligations of each Lender to the Borrowers under this Agreement are cancelled; and/or
(ii) serve on the Borrowers a notice stating that all or part of the Loan together with accrued interest and all other amounts accrued or owing under this Agreement are immediately due and payable or are due and payable on demand; and/or
(ii) serve on the Borrower a notice requiring the Borrower immediately to prepay the whole of the Facilities;
(iii) take any other action which, as a result of the Event of Default or any notice served under paragraph (i) or (ii), the Agent and/or the Lenders are entitled to take under any Finance Document or any applicable law; and/or
(b) the Security Trustee may, and if so instructed by the Agent, acting with the authorisation of the Majority Lenders, the Security Trustee shall take any action which, as a result of the Event of Default or any notice served under paragraph (a)(ia) (i) or (a)(iia) (ii), the Security Trustee, the Agent Agent, the Mandated Lead Arranger and/or the Lenders and/or the Swap Counterparties are entitled to take under any Finance Document or any applicable law.
Appears in 2 contracts
Samples: Loan Agreement (Navios Maritime Holdings Inc.), Loan Agreement (Navios Maritime Acquisition CORP)
Actions following an Event of Default. On, or at any time after, the occurrence and during the continuation of an Event of DefaultDefault and while the same is continuing:
(a) the Agent mayshall, and if so instructed by the Majority Lenders, the Agent shall:
(i) serve on the Borrowers a notice stating that all or part of the Commitments and of the other obligations of each Lender to the Borrowers under this Agreement are cancelled; and/or
(ii) serve on the Borrowers a notice stating that all or part of the Loan together with Loan, all or any accrued interest and all or any other amounts accrued or owing under this Agreement are immediately due and payable or are due and payable on demand; and/or
(iii) take any other action which, as a result of the Event of Default or any notice served under paragraph (i) or (ii), the Agent and/or the Lenders are entitled to take under any Finance Document or any applicable law and the Agent may, without being instructed by the Majority Lenders, take any action (other than that referred to in paragraphs (i) and (ii)) which, as a result of the Event of Default, the Agent is entitled to take under any Finance Document or any applicable law; and/or
(b) the Security Trustee mayshall, and if so instructed by the Agent, acting with the authorisation of the Majority Lenders, the Security Trustee shall take any action which, as a result of the Event of Default or any notice served under paragraph (a)(i) or (a)(ii), the Security Trustee, the Agent and/or the Lenders and/or are entitled to take under any Finance Document or any applicable law and the Swap Counterparties are Security Trustee may, without being instructed by the Agent or the Majority Lenders, take any action which, as a result of the Event of Default, the Security Trustee is entitled to take under any Finance Document or any applicable law.
Appears in 2 contracts
Samples: Loan Agreement (Costamare Partners LP), Loan Agreement (Costamare Partners LP)
Actions following an Event of Default. On, or at any time after, the occurrence and during the continuation of an Event of Default:
(a) the Agent may, and if so instructed by the Majority Lenders, the Agent shall:
(i) serve on the Borrowers a notice stating that all or part of the Commitments and of the all other obligations of each Lender to the Borrowers under this Agreement are cancelled; and/or
(ii) serve on the Borrowers a notice stating that all or part of the Loan together with accrued interest and all other amounts accrued or owing under this Agreement are immediately due and payable or are due and payable on demand; and/or
(iii) take any other action which, as a result of the Event of Default or any notice served under paragraph (i) or (ii), the Agent and/or the Lenders are entitled to take under any Finance Document or any applicable law; and/or
(b) the Security Trustee may, and if so instructed by the Agent, acting with the authorisation of the Majority Lenders, the Security Trustee shall take any action which, as a result of the Event of Default or any notice served under paragraph (a)(i) or (a)(ii), the Security Trustee, the Agent Agent, the Mandated Lead Arranger and/or the Lenders and/or the Swap Counterparties are entitled to take under any Finance Document or any applicable law.
Appears in 2 contracts
Samples: Loan Agreement, Loan Agreement (Navios Maritime Partners L.P.)
Actions following an Event of Default. On, or at any time after, the occurrence and during the continuation of an Event of Default:
(a) the Facility Agent may, and if so instructed by the Majority Lenders, the Facility Agent shall:
(i) serve on the Borrowers Borrower a notice stating that all or part of the Commitments and of the all other obligations of each Lender to the Borrowers Borrower under this Agreement are cancelledterminated; and/or
(ii) serve on the Borrowers Borrower a notice stating that the Loan, all or part of the Loan together with accrued interest and all other amounts accrued or owing under this Agreement are immediately due and payable or are due and payable on demand; and/or
(iii) take any other action which, as a result of the Event of Default or any notice served under paragraph (i) or (ii)) above, the Facility Agent and/or the Lenders are entitled to take under any Finance Document or any applicable law; and/or
(b) the Security Trustee may, and if so instructed by the Facility Agent, acting with the authorisation of the Majority Lenders, the Security Trustee shall take any action which, as a result of the Event of Default or any notice served under paragraph (a)(ia) (i) or (a)(ii)ii) above, the Security Trustee, the Agent and/or Facility Agent, the Lenders and/or the Swap Counterparties Bank are entitled to take under any Finance Document or any applicable law.
Appears in 2 contracts
Samples: Loan Agreement (Capital Product Partners L.P.), Loan Agreement
Actions following an Event of Default. On, or at any time after, the occurrence and during the continuation of an Event of Default, which is continuing:
(a) the Agent may, and if so instructed by the Majority Lenders, the Agent shall:
(i) serve on the Borrowers a notice stating that all or part of the Commitments and of the all other obligations of each Lender to the Borrowers under this Agreement are cancelledterminated; and/or
(ii) serve on the Borrowers a notice stating that all or part of the Loan together with Loan, all accrued interest and all other amounts accrued or owing under this Agreement are immediately due and payable or are due and payable on demand; and/or
(iii) take any other action which, as a result of the Event of Default or any notice served under sub-paragraph (i) or (ii)) above, the Agent and/or the Lenders are entitled to take under any Finance Document or any applicable law; and/or
(b) the Security Trustee may, and if so instructed by the Agent, acting with the authorisation of the Majority Lenders, the Security Trustee shall take any action which, as a result of the Event of Default or any notice served under sub-paragraph (a)(ii) or (a)(ii)ii) of paragraph (a) above, the Security Trustee, the Agent and/or the Majority Lenders and/or the Swap Counterparties are entitled to take under any Finance Document or any applicable law.
Appears in 2 contracts
Samples: Loan Agreement (Navios Maritime Partners L.P.), Loan Agreement (Navios Maritime Partners L.P.)
Actions following an Event of Default. On, or at any time after, the occurrence and during the continuation of an Event of Default:
(a) the Agent may, and if so instructed by the Majority Lenders, the Agent shall:
(i) serve on the Borrowers a notice stating that all or part of the Commitments and of the all other obligations of each Lender to the Borrowers under this Agreement are cancelled; and/or
(ii) serve on the Borrowers a notice stating that all or part of the Loan Loan, together with accrued interest and all other amounts accrued or owing under this Agreement Agreement, are immediately due and payable or are due and payable on demand, provided that in the case of an Event of Default under either of Clauses 20.1(h) or (i), the Loan and all accrued interest and other amounts accrued or owing hereunder shall be deemed immediately due and payable without notice or demand therefor; and/or
(iii) take any other action which, as a result of the Event of Default or any notice served under paragraph (i) or (ii), the Agent and/or the Lenders are entitled to take under any Finance Document or any applicable law; and/or
(b) the Security Trustee may, and if so instructed by the Agent, acting with the authorisation authorization of the Majority Lenders, the Security Trustee shall shall, take any action which, as a result of the Event of Default or any notice served under paragraph (a)(ia) (i) or (a)(iiii), the Security Trustee, the Agent and/or the Lenders and/or the Swap Counterparties are entitled to take under any Finance Document or any applicable lawlaw to enforce the Security Interests created by this Agreement and any other Finance Document in any manner available to it and in such sequence as the Security Trustee may, in its absolute discretion, determine.
Appears in 2 contracts
Samples: Loan Agreement (Pangaea Logistics Solutions Ltd.), Loan Agreement (Quartet Holdco Ltd.)
Actions following an Event of Default. On, or at any time after, the occurrence and during the continuation of an Event of Default:
(a) the Agent may, and if so instructed by the Majority Lenders, the Agent shall:
(i) serve on the Borrowers Borrower a notice stating that all or part of the Commitments and of the other obligations of each Lender to the Borrowers Borrower under this Agreement are cancelled; and/or
(ii) serve on the Borrowers Borrower a notice stating that all or part of the Loan together with accrued interest and all other amounts accrued or owing under this Agreement are immediately due and payable or are due and payable on demand; and/or
(iii) take any other action which, as a result of the Event of Default or any notice served under paragraph (i) or (ii), the Agent and/or the Lenders are entitled to take under any Finance Document or any applicable law; and/or
(b) the Security Trustee may, and if so instructed by the Agent, acting with the authorisation of the Majority Lenders, the Security Trustee shall take any action which, as a result of the Event of Default or any notice served under paragraph (a)(ia) (i) or (a)(iiii), the Security Trustee, the Agent and/or the Lenders and/or the Swap Counterparties Banks are entitled to take under any Finance Document or any applicable law.
Appears in 2 contracts
Samples: Loan Agreement (Paragon Shipping Inc.), Loan Agreement (Paragon Shipping Inc.)
Actions following an Event of Default. On, or at any time after, the occurrence and during the continuation of an Event of Default:
(a) the Agent may, and if so instructed by the Majority Lenders, the Agent shall:
(i) serve on the Borrowers Borrower a notice stating that all or part of the Commitments and of the all other obligations of each Lender to the Borrowers Borrower under this Agreement Agreement, the other Finance Documents and the Master Agreements are cancelled; and/or
(ii) serve on the Borrowers Borrower a notice stating that all or part of the Loan Loan, together with accrued interest and all other amounts accrued or owing under this Agreement Agreement, the other Finance Documents and the Master Agreements are immediately due and payable or are due and payable on demand, provided that in the case of an Event of Default under either of Clauses 20.1(h) or (i), the Loan and all accrued interest and other amounts accrued or owing under this Agreement, the other Finance Documents and the Master Agreements shall be deemed immediately due and automatically become payable without notice or demand therefor; and/or
(iii) take any other action which, as a result of the Event of Default or any notice served under paragraph (i) or (ii), the Agent and/or the Lenders are entitled to take under any Finance Document or any applicable law; and/or
(b) the Security Trustee may, and if so instructed by the Agent, acting with the authorisation authorization of the Majority Lenders, the Security Trustee shall shall, take any action which, as a result of the Event of Default or any notice served under paragraph (a)(ia) (i) or (a)(iiii), the Security Trustee, the Agent and/or the Lenders and/or the Swap Counterparties are entitled to take under any Finance Document or any applicable lawlaw to enforce the Security Interests created by this Agreement and any other Finance Document in any manner available to it and in such sequence as the Security Trustee may, in its absolute discretion, determine.
Appears in 2 contracts
Samples: Loan Agreement (Scorpio Tankers Inc.), Loan Agreement (Scorpio Tankers Inc.)
Actions following an Event of Default. On, or at any time after, the occurrence and during the continuation of an Event of Default:
(a) the Agent may, and if so instructed by the Majority Lenders, the Agent shall:
(i) serve on the Borrowers a notice stating that all or part of the Commitments and of the other obligations of each Lender to the Borrowers under this Agreement are cancelled; and/or
(ii) serve on the Borrowers a notice stating that all or part of the Loan together with accrued interest and all other amounts accrued or owing under this Agreement are immediately due and payable or are due and payable on demand; and/or
(iii) take any other action which, as a result of the Event of Default or any notice served under paragraph (i) or (ii), the Agent and/or the Lenders are entitled to take under any Finance Document or any applicable law; and/or
(b) the Security Trustee may, and if so instructed by the Agent, acting with the authorisation of the Majority Lenders, the Security Trustee shall take any action which, as a result of the Event of Default or any notice served under paragraph (a)(ia) (i) or (a)(iiii), the Security Trustee, the Agent Agent, the Arranger and/or the Lenders and/or the Swap Counterparties Bank are entitled to take under any Finance Document or any applicable law.
Appears in 2 contracts
Samples: Loan Agreement (Diana Shipping Inc.), Loan Agreement (Diana Shipping Inc.)
Actions following an Event of Default. On, or at any time after, the occurrence and during the continuation of an Event of Default:
(a) the Agent may, and if so instructed by the Majority Lenders, the Agent shall:
(i) serve on the Borrowers a notice stating that all or part of the Commitments and of the all other obligations of each Lender to the Borrowers under this Agreement are cancelled; and/or
(ii) serve on the Borrowers a notice stating that the Loan or any part thereof, all or part of the Loan together with any accrued interest and all or any other amounts accrued or owing under this Agreement are immediately due and payable or are due and payable on demand; and/or
(iii) take any other action which, as a result of the Event of Default or any notice served under paragraph (i) or (ii), the Agent and/or the Lenders are entitled to take under any Finance Document or any applicable law; and/or
(b) the Security Trustee may, and if so instructed by the Agent, acting with the authorisation of the Majority Lenders, the Security Trustee shall take any action which, as a result of the Event of Default or any notice served under paragraph (a)(i) or (a)(ii), the Security Trustee, the Agent Agent, the Mandated Lead Arranger and/or the Lenders and/or the Swap Counterparties Bank are entitled to take under any Finance Document or any applicable law.
Appears in 2 contracts
Samples: Loan Agreement (Paragon Shipping Inc.), Loan Agreement (Seanergy Maritime Holdings Corp.)
Actions following an Event of Default. On, or at any time after, the occurrence and during the continuation of an Event of Default:
(a) the Agent may, and if so instructed by the Majority Lenders, the Agent shall:
(i) serve on the Borrowers a notice stating that all or part of the Commitments and of the other obligations of each Lender to the Borrowers under this Agreement are cancelled; and/or
(ii) serve on the Borrowers a notice stating that all or part of the Loan together with accrued interest and all other amounts accrued or owing under this Agreement are immediately due and payable or are due and payable on demand; and/or
(iii) take any other action which, as a result of the Event of Default or any notice served under paragraph (i) or (ii), the Agent and/or the Lenders are entitled to take under any Finance Document or any applicable law; and/or
(b) the Security Trustee may, and if so instructed by the Agent, acting with the authorisation of the Majority Lenders, the Security Trustee shall take any action which, as a result of the Event of Default or any notice served under paragraph (a)(ia) (i) or (a)(iiii), the Security Trustee, the Agent and/or the Lenders and/or the Swap Counterparties Bank are entitled to take under any Finance Document or any applicable law.
Appears in 2 contracts
Samples: Loan Agreement (Diana Shipping Inc.), Loan Agreement (Diana Shipping Inc.)
Actions following an Event of Default. On, or at any time after, the occurrence and during the continuation of an Event of DefaultDefault that is continuing:
(a) the Agent may, and if so instructed by the Majority Lenders, the Agent shall:
(i) serve on the Borrowers Borrower a notice stating that all or part of the Commitments and of the all other obligations of each Lender to the Borrowers Borrower under this Agreement are cancelledterminated; and/or
(ii) serve on the Borrowers Borrower a notice stating that the Loan, all or part of the Loan together with accrued interest and all other amounts accrued or owing under this Agreement are immediately due and payable or are due and payable on demand; and/or
(iii) take any other action which, as a result of the Event of Default or any notice served under paragraph (i) or (ii), the Agent and/or the Lenders are entitled to take under any Finance Document or any applicable law; and/or
(b) the Security Trustee may, and if so instructed by the Agent, acting with the authorisation of the Majority Lenders, the Security Trustee shall take any action which, as a result of the Event of Default or any notice served under paragraph (a)(ia) (i) or (a)(iiii), the Security Trustee, the Agent and/or the Lenders and/or the Swap Counterparties are entitled to take under any Finance Document or any applicable law.
Appears in 2 contracts
Samples: Amending and Restating Agreement (Seacastle Inc.), Loan Agreement (Seacastle Inc.)
Actions following an Event of Default. On, or at any time after, the occurrence and during the continuation of an Event of Default:
(a) the Agent may, and if so instructed by the Majority Lenders, the Agent shall:
(i) serve on the Borrowers a notice stating that all or part of the Commitments and of the all other obligations of each Lender to the Borrowers under this Agreement Agreement, the other Finance Documents and the Master Agreements are cancelled; and/or
(ii) serve on the Borrowers a notice stating that all or part of the Loan Loan, together with accrued interest and all other amounts accrued or owing under this Agreement Agreement, the other Finance Documents and the Master Agreements are immediately due and payable or are due and payable on demand, provided that in the case of an Event of Default under Clause 20.1(h), the Loan and all accrued interest and other amounts accrued or owing under this Agreement, the other Finance Documents and the Master Agreements shall be deemed immediately due and automatically become payable without notice or demand therefor; and/or
(iii) take any other action which, as a result of the Event of Default or any notice served under paragraph (i) or (ii), the Agent and/or the Lenders are entitled to take under any Finance Document or any applicable law; and/or
(b) the Security Trustee may, and if so instructed by the Agent, acting with the authorisation authorization of the Majority Lenders, the Security Trustee shall shall, take any action which, as a result of the Event of Default or any notice served under paragraph (a)(ia) (i) or (a)(iiii), the Security Trustee, the Agent and/or the Lenders and/or the Swap Counterparties are entitled to take under any Finance Document or any applicable lawlaw to enforce the Security Interests created by this Agreement and any other Finance Document in any manner available to it and in such sequence as the Security Trustee may, in its absolute discretion, determine.
Appears in 1 contract
Actions following an Event of Default. On, or at any time after, the occurrence and during the continuation of an Event of DefaultDefault which is continuing:
(a) the Agent may, and if so instructed by the Majority Lenders, the Agent shall:
(i) serve on the Borrowers Borrower a notice stating that all or part of the Commitments and of the all other obligations of each Lender to the Borrowers Borrower under this Agreement are cancelledterminated; and/or
(ii) serve on the Borrowers Borrower a notice stating that the Loan, all or part of the Loan together with accrued interest and all other amounts accrued or owing under this Agreement are immediately due and payable or are due and payable on demand; and/or
(iii) take any other action which, as a result of the Event of Default or any notice served under paragraph (i) or (ii)) above, the Agent and/or the Lenders are entitled to take under any Finance Document or any applicable law; and/or
(b) the Security Trustee may, and if so instructed by the Agent, acting with the authorisation of the Majority Lenders, the Security Trustee shall take any action which, as a result of the Event of Default or any notice served under paragraph (a)(ia) (i) or (a)(ii)ii) above, the Security Trustee, the Agent and/or the Lenders and/or the Swap Counterparties Bank are entitled to take under any Finance Document or any applicable law.
Appears in 1 contract
Samples: Loan Agreement (Euroseas Ltd.)
Actions following an Event of Default. On, or at any time after, the occurrence and during the continuation of an Event of Default:
(a) the Agent may, and if so instructed by the Majority Lenders, the Agent shall:
(i) serve on the Borrowers Borrower a notice stating that all or part of the Term Commitments, the Newbuilding Commitments and of the all other obligations of each Lender to the Borrowers Borrower under this Agreement are cancelledterminated; and/or
(ii) serve on the Borrowers Borrower a notice stating that the Term Loan, the Newbuilding Loan all or part of the Loan together with accrued interest and all other amounts accrued or owing under this Agreement are immediately due and payable or are due and payable on demand; and/or
(iii) take any other action which, as a result of the Event of Default or any notice served under paragraph (i) or (ii), the Agent and/or the Lenders and/or the Swap Counterparties are entitled to take under any Finance Document or any applicable law; and/or
(b) the Security Trustee may, and if so instructed by the Agent, acting with the authorisation of the Majority Lenders, the Security Trustee shall take any action which, as a result of the Event of Default or any notice served under paragraph (a)(ia) (i) or (a)(iiii), the Security Trustee, the Agent and/or the Lenders and/or the Swap Counterparties are entitled to take under any Finance Document or any applicable law.
Appears in 1 contract
Samples: Loan Agreement (Euronav NV)
Actions following an Event of Default. On, or at any time after, the occurrence and during the continuation of an Event of DefaultDefault and provided the same is continuing unremedied and/or unwaived:
(a) the Agent may, and if so instructed by the Majority LendersCo-Arrangers, the Agent shall:
(i) serve on the Borrowers a notice stating that all or part of the Commitments and of the all other obligations of each Lender to the Borrowers under this Agreement are cancelledterminated; and/or
(ii) serve on the Borrowers a notice stating that the Loan, all or part of the Loan together with accrued interest and all other amounts accrued or owing under this Agreement are immediately due and payable or are due and payable on demand; and/or
(iii) take any other action which, as a result of the continuing Event of Default or any notice served under paragraph (i) or (ii)) above, the Agent and/or the Lenders are entitled to take under any Finance Document or any applicable law; and/or
(b) the Security Trustee may, and if so instructed by the Agent, acting with the authorisation of the Majority LendersCo-Arrangers, the Security Trustee shall take any action whichwhjch, as a result of the continuing Event of Default or any notice served under paragraph (a)(ia) (i) or (a)(ii)ii) above, the Security Trustee, the Agent and/or the Lenders and/or the Swap Counterparties are entitled to take under any Finance Document or any applicable law.
Appears in 1 contract
Samples: Loan Agreement (Alma Maritime LTD)
Actions following an Event of Default. On, or at any time after, the occurrence and during the continuation of an Event of DefaultDefault which is continuing:
(a) the Agent may, may and if so instructed by the Majority Lenders, the Agent shall:
(i) serve on the Borrowers a notice stating that all or part of the Commitments and of the all other obligations of each Lender to the Borrowers under this Agreement are cancelledterminated; and/or
(ii) serve on the Borrowers a notice stating that the Loan, all or part of the Loan together with accrued interest and all other amounts accrued or owing under this Agreement are immediately due and payable payable; it may credit the same to a suspense account in the name of the Agent for application either immediately or are in due and payable on demandcourse in satisfaction of the Borrowersβ payment obligations under this Agreement; and/or
(iii) take any other action which, as a result of the Event of Default or any notice served under paragraph (i) or (ii)) above, the Agent and/or the Lenders are entitled to take under any Finance Document or any applicable law; and/or
(b) the Security Trustee Agent may, and if so instructed by the Agent, acting with the authorisation of the Majority Lenders, the Security Trustee shall Agent shall, take any action which, as a result of the Event of Default or any notice served under paragraph (a)(i) or (a)(ii), ii) above the Security TrusteeAgent, the Agent and/or the Lenders and/or the Swap Counterparties are entitled to take under any Finance Document or any applicable law.
Appears in 1 contract
Actions following an Event of Default. On, or at any time after, the occurrence and during the continuation of an Event of Default:
(a) the Agent may, and if so instructed by the Majority Lenders, the Agent shall:
(i) serve on the Borrowers a notice stating that all or part of the Commitments and of the other obligations of each Lender to the Borrowers under this Agreement are cancelled; and/or
(ii) serve on the Borrowers a notice stating that all or part of the Loan together with accrued interest and all other amounts accrued or owing under this Agreement are immediately due and payable or are due and payable on demand; and/or
(iii) take any other action which, as a result of the Event of Default or any notice served under paragraph (i) or (ii), the Agent and/or the Lenders are entitled to take under any Finance Document or any applicable law; and/or
(b) the Security Trustee may, and if so instructed by the Agent, acting with the authorisation of the Majority Lenders, the Security Trustee shall take any action which, as a result of the Event of Default or any notice served under paragraph (a)(i) or (a)(ii), the Security Trustee, the Agent and/or the Lenders and/or the Swap Counterparties are entitled to take under any Finance Document or any applicable law.
Appears in 1 contract
Actions following an Event of Default. On, or at any time after, the occurrence and during the continuation of an Event of Default:
(a) the Agent may, and if so instructed by the Majority Lenders, the Agent shall:
(i) serve on the Borrowers Borrower a notice stating that all or part of the Commitments and of the all other obligations of each Lender to the Borrowers Borrower under this Agreement are cancelled; and/or
(ii) serve on the Borrowers Borrower a notice stating that all or part of the Loan Loan, together with accrued interest and all other amounts accrued or owing under this Agreement Agreement, are immediately due and payable or are due and payable on demand, provided that in the case of an Event of Default under either of Clauses 20.1(h) or (i), the Loan and all accrued interest and other amounts accrued or owing hereunder shall be deemed immediately due and payable without notice or demand therefor; and/or
(iii) take any other action which, as a result of the Event of Default or any notice served under paragraph (i) or (ii), the Agent and/or the Lenders are entitled to take under any Finance Document or any applicable law; and/or
(b) the Security Trustee may, and if so instructed by the Agent, acting with the authorisation authorization of the Majority Lenders, the Security Trustee shall shall, take any action which, as a result of the Event of Default or any notice served under paragraph (a)(ia) (i) or (a)(iiii), the Security Trustee, the Agent and/or the Lenders and/or the Swap Counterparties are entitled to take under any Finance Document or any applicable lawlaw to enforce the Security Interests created by this Agreement and any other Finance Document in any manner available to it and in such sequence as the Security Trustee may, in its absolute discretion, determine.
Appears in 1 contract
Actions following an Event of Default. On, or at any time after, the occurrence and during the continuation of an Event of Default:
(a) the Agent may, and if so instructed by the Majority Lenders, the Agent shall:
(i) serve on the Borrowers a notice stating that all or part of the Commitments and of the all other obligations of each Lender to the Borrowers under this Agreement are cancelled; and/or
(ii) serve on the Borrowers a notice stating that the Loan, all or part of the Loan together with accrued interest and all other amounts accrued or owing under this Agreement are immediately due and payable or are due and payable on demand; and/or
(iii) take any other action which, as a result of the Event of Default or any notice served under paragraph (i) or (ii), the Agent and/or the Lenders are entitled to take under any Finance Document or any applicable law; and/or
(b) the Security Trustee may, and if so instructed by the Agent, acting with the authorisation of the Majority Lenders, the Security Trustee shall take any action which, as a result of the Event of Default or any notice served under paragraph (a)(i) or a)(i)or (a)(ii), the Security Trustee, the Agent Agent, the Mandated Lead Arranger and/or the Lenders and/or the Swap Counterparties Bank are entitled to take under any Finance Document or any applicable law.
Appears in 1 contract
Samples: Loan Agreement (DryShips Inc.)
Actions following an Event of Default. On, or at any time after, the occurrence and during the continuation of an Event of Default:
(a) the Agent may, and if so instructed by the Majority Lenders, the Agent shall:
(i) serve on the Borrowers a notice stating that all or part of the Commitments and of the all other obligations of each Lender to the Borrowers under this Agreement are cancelled; and/or
(ii) serve on the Borrowers a notice stating that the Loan, all or part of the Loan together with accrued interest and all other amounts accrued or owing under this Agreement are immediately due and payable or are due and payable on demand; and/or
(iii) take any other action which, as a result of the Event of Default or any notice served under paragraph (i) or (ii), the Agent and/or the Lenders are entitled to take under any Finance Document or any applicable law; and/or
(b) the Security Trustee may, and if so instructed by the Agent, acting with the authorisation authorization of the Majority Lenders, the Security Trustee shall take any action which, as a result of the Event of Default or any notice served under paragraph (a)(i) or (a)(ii), the Security Trustee, the Agent Agent, the Underwriter and/or the Lenders and/or the Swap Counterparties Banks are entitled to take under any Finance Document or any applicable law.
Appears in 1 contract
Actions following an Event of Default. On, or at any time after, the occurrence and during the continuation of an Event of DefaultDefault which is continuing:
(a) If such event is an Event of Default specified in clause (f) or (g) above, automatically the Agent mayCommitments shall terminate and all other obligations of each Lender to the Borrowers under this Agreement are terminated, and the Loan, all accrued interest and all other amounts accrued or owing under this Agreement are immediately due and payable or are due and payable on demand;
(b) the Administrative Agent, if so instructed by the Majority Lenders, the Agent shall:
(i) serve on the Borrowers a notice stating that all or part of the Commitments and of the all other obligations of each Lender to the Borrowers under this Agreement are cancelledterminated; and/or
(ii) serve on the Borrowers a notice stating that the Loan, all or part of the Loan together with accrued interest and all other amounts accrued or owing under this Agreement are immediately due and payable or are due and payable on demand; and/or
(iii) take any other action which, as a result of the Event of Default or any notice served under paragraph (i) or (ii), the Administrative Agent and/or the Lenders are entitled to take under any Finance Document or any applicable law; and/or
(bc) the Security Trustee mayAgent, and if so instructed by the Agent, acting with the authorisation of Administrative Agent (who shall give such instructions if instructed to do so by the Majority Lenders), the Security Trustee shall take any action which, as a result of the Event of Default or any notice served under paragraph (a)(ib) (i) or (a)(iiii), the Security TrusteeAgent, the Agent and/or the Lenders and/or the Swap Counterparties are is entitled to take under any Finance Document or any applicable law. Except as expressly provided above in this Section 20, presentment, demand, protest and all other notices of any kind are hereby expressly waived.
Appears in 1 contract
Samples: Senior Secured Credit Facility Agreement (Pacific Drilling S.A.)
Actions following an Event of Default. On, or at any time after, the occurrence and during the continuation of an Event of Default:
(a) the Agent may, and if so instructed by the Majority Lenders, the Agent shall:
(i) serve on the Borrowers a notice stating that all or part of the Commitments and of the all other obligations of each Lender to the Borrowers under this Agreement are cancelled; and/or
(ii) serve on the Borrowers a notice stating that the Loan, all or part of the Loan together with accrued interest and all other amounts accrued or owing under this Agreement are immediately due and payable or are due and payable on demand; and/or
(iii) take any other action which, as a result of the Event of Default or any notice served under paragraph (i) or (ii), the Agent and/or the Lenders are entitled to take under any Finance Document or any applicable law; and/or
(b) the Security Trustee may, and if so instructed by the Agent, acting with the authorisation of the Majority Lenders, the Security Trustee shall take any action which, as a result of the the. Event of Default or any notice served under paragraph (a)(i) or (a)(ii), the Security Trustee, the Agent Agent, the Mandated Lead Arranger and/or the Lenders and/or the Swap Counterparties Bank are entitled to take under any Finance Document or any applicable law.
Appears in 1 contract
Actions following an Event of Default. On, or at any time after, the occurrence and during the continuation of an Event of Default:
(a) the Agent may, and if so instructed by the Majority Lenders, the Agent shall:
(i) serve on the Borrowers Borrower a notice stating that all or part of the Commitments and of the all other obligations of each Lender to the Borrowers Borrower under this Agreement are cancelled; and/or
(ii) serve on the Borrowers Borrower a notice stating that all or part of the Loan Loan, together with accrued interest and all other amounts accrued or owing under this Agreement Agreement, are immediately due and payable or are due and payable on demand, provided that in the case of an Event of Default under either of Clauses 20.1(h) or (i), the Loan and all accrued interest and other amounts accrued or owing under this Agreement and the other Finance Documents shall be deemed immediately due and shall automatically become payable without notice or demand therefor; and/or
(iii) take any other action which, as a result of the Event of Default or any notice served under paragraph (i) or (ii), the Agent and/or the Lenders are entitled to take under any Finance Document or any applicable law; and/or
(b) the Security Trustee may, and if so instructed by the Agent, acting with the authorisation authorization of the Majority Lenders, the Security Trustee shall shall, take any action which, as a result of the Event of Default or any notice served under paragraph (a)(i) or (a)(iiii), the Security Trustee, the Agent and/or the Lenders and/or the Swap Counterparties are entitled to take under any Finance Document or any applicable lawlaw to enforce the Security Interests created by this Agreement and any other Finance Document in any manner available to it and in such sequence as the Security Trustee may, in its absolute discretion, determine.
Appears in 1 contract
Samples: Loan Agreement (Dorian LPG Ltd.)
Actions following an Event of Default. On, or at any time after, the occurrence and during the continuation of an Event of Default:
(a) the Agent may, and if so instructed by the Majority Lenders, the Agent shall:
(i) serve on the Borrowers a notice stating that all or part of the Commitments and of the other obligations of each Lender to the Borrowers under this Agreement are cancelled; and/or
(ii) serve on the Borrowers a notice stating that all or part of the Loan together with accrued interest and all other amounts accrued or owing under this Agreement are immediately due and payable or are due and payable on demand; and/or
(iii) take any other action which, as a result of the Event of Default or any notice served under paragraph paragraph
(i) or or
(ii), ) the Agent and/or the Lenders are entitled to take under any Finance Document or any applicable law; and/or
(b) the Security Trustee may, and if so instructed by the Agent, acting with the authorisation of the Majority Lenders, the Security Trustee shall take any action which, as a result of the Event of Default or any notice served under paragraph paragraph
(a)(ii) or or
(a)(ii), ii) the Security Trustee, the Agent and/or the Lenders and/or the Swap Counterparties Bank are entitled to take under any Finance Document or any applicable law.
Appears in 1 contract
Samples: Loan Agreement (Diana Shipping Inc.)
Actions following an Event of Default. On, or at any time after, the occurrence and during the continuation of an Event of DefaultDefault in relation to a Group:
(a) the Facility Agent may, and if so instructed by the Majority Lenders, the Facility Agent shall:
(i) serve on the Borrowers a notice stating that all or part of the Commitments and of the all other obligations of each Lender to the Borrowers under this Agreement are cancelledterminated; and/or
(ii) serve on the Borrowers a notice stating that all the Advance or Advances (or part thereof) owing by any Borrower which is a member of the Loan together with that Group, all accrued interest and all other amounts accrued or owing in respect of that or those Advances under this Agreement are immediately due and payable or are due and payable on demand; and/or
(iii) take any other action which, as a result of the Event of Default or any notice served under paragraph (i) or (ii)) above, the Facility Agent and/or the Lenders are entitled to take under any Finance Document or any applicable law; and/or
(b) the Security Trustee may, and if so instructed by the Facility Agent, acting with the authorisation of the Majority Lenders, the Security Trustee shall take any action which, as a result of the Event of Default or any notice served under paragraph (a)(ia) (i) or (a)(ii)ii) above, the Security Trustee, the Agent and/or Facility Agent, the Lenders and/or the Swap Counterparties Bank are entitled to take under any Finance Document or any applicable law.
Appears in 1 contract
Actions following an Event of Default. On, or at any time after, the occurrence and during the continuation of an Event of Default:Default (after the expiration of any applicable grace periods):
(a) the Agent may, and if so instructed by the Majority Required Lenders, the Agent shall:
(i) serve on the Borrowers Borrower a notice stating that all or part of the Commitments and of the all other obligations of each Lender to the Borrowers Borrower under this Agreement are cancelled; and/or
(ii) serve on the Borrowers Borrower a notice stating that the Loan, all or part of the Loan together with accrued interest and all other amounts accrued or owing under this Agreement are immediately due and payable or are due and payable on demand, provided that in the case of an Event of Default under either of Clauses 20.1(h) or (i), the Loan and all accrued interest and other amounts accrued or owing hereunder shall be deemed immediately due and payable without notice or demand therefor; and/or
(iii) take any other action which, as a result of the Event of Default or any notice served under paragraph (i) or (ii), the Agent and/or the Lenders are entitled to take under any Finance Document or any applicable law; and/or
(b) the Security Trustee may, and if so instructed by the Agent, acting with the authorisation authorization of the Majority Required Lenders, the Security Trustee shall shall, take any action which, as a result of the Event of Default or any notice served under paragraph (a)(ia) (i) or (a)(iiii), the Security Trustee, the Agent and/or the Lenders and/or the Swap Counterparties are entitled to take under any Finance Document or any applicable law.
Appears in 1 contract
Actions following an Event of Default. On, or at any time after, the occurrence and during the continuation of an Event of Default:
(a) the Agent may, and if so instructed by the Majority Lenders, the Agent shall:
(i) serve on the Borrowers a notice stating that all or part of the Commitments and of the all other obligations of each Lender to the Borrowers under this Agreement are cancelled; and/or
(ii) serve on the Borrowers a notice stating that the Loan, all or part of the Loan together with accrued interest and all other amounts accrued or owing under this Agreement are immediately due and payable or are due and payable on demand; and/or
(iii) take any other action which, as a result of the Event of Default or any notice served under paragraph (i) or (ii), the Agent and/or the Lenders are entitled to take under any Finance Document or any applicable law; and/or
(b) the Security Trustee may, and if so instructed by the Agent, acting with the authorisation authorization of the Majority Lenders, the Security Trustee shall take any action which, as a result of the Event of Default or any notice served under paragraph (a)(i) or (a)(ii), the Security Trustee, the Agent Agent, the Underwriter and/or the Lenders and/or the Swap Counterparties Bank are entitled to take under any Finance Document or any applicable law.
Appears in 1 contract
Samples: Loan Agreement (Box Ships Inc.)
Actions following an Event of Default. On, or at any time after, the occurrence and during the continuation of an Event of Default:
(a) the Agent may, and if so instructed by the Majority Lenders, the Agent shall:
: (i) serve on the Borrowers a notice stating that all or part of the Commitments and of the other obligations of each Lender to the Borrowers under this Agreement are cancelled; and/or
and/or (ii) serve on the Borrowers a notice stating that all or part of the Loan together with accrued interest and all other amounts accrued or owing under this Agreement are immediately due and payable or are due and payable on demand; and/or
and/or (iii) take any other action which, as a result of the Event of Default or any notice served under paragraph (i) or (ii), the Agent and/or the Lenders are entitled to take under any Finance Document or any applicable law; and/or
(b) the Security Trustee may, and if so instructed by the Agent, acting with the authorisation of the Majority Lenders, the Security Trustee shall take any action which, as a result of the Event of Default or any notice served under paragraph (a)(i) or (a)(ii), the Security Trustee, the Agent Agent, the Mandated Lead Arranger and/or the Lenders and/or the Swap Counterparties are entitled to take under any Finance Document or any applicable law.
Appears in 1 contract
Actions following an Event of Default. On, or at any time after, the occurrence and during the continuation of an Event of Default:
(a) the Agent may, and if so instructed by the Majority Lenders, the Agent shall:
(i) serve on the Borrowers Borrower a notice stating that all or part of the Commitments and of the other obligations of each Lender to the Borrowers Borrower under this Agreement are cancelled; and/or
(ii) serve on the Borrowers Borrower a notice stating that all or part of the Loan together with accrued interest and all other amounts accrued or owing under this Agreement are immediately due and payable or are due and payable on demand; and/or
(iii) take any other action which, as a result of the Event of Default or any notice served under paragraph (i) or (ii)) above, the Agent and/or the Lenders are entitled to take under any Finance Document or any applicable law; and/or
(b) the Security Trustee may, and if so instructed by the Agent, acting with the authorisation of the Majority Lenders, the Security Trustee shall take any action which, as a result of the Event of Default or any notice served under paragraph (a)(ia) (i) or (a)(ii)ii) above, the Security Trustee, the Agent Agent, the Mandated Lead Arrangers and/or the Lenders and/or the Swap Counterparties Bank are entitled to take under any Finance Document or any applicable law.
Appears in 1 contract
Samples: Loan Agreement (Diana Shipping Inc.)
Actions following an Event of Default. On, or at any time after, the occurrence and during the continuation of an Event of DefaultDefault which is continuing:
(a) the Agent may, and if so instructed by the Majority Lenders, the Agent shall:
(i) serve on the Borrowers a notice stating that all or part of the Commitments and of the other obligations of each Lender to the Borrowers under this Agreement are cancelled; and/or
(ii) serve on the Borrowers a notice stating that all or part of the Loan together with accrued interest and all other amounts accrued or owing under this Agreement are immediately due and payable or are due and payable on demand; and/or
(iii) take any other action which, as a result of the Event of Default or any notice served under paragraph (i) or (ii), the Agent and/or the Lenders are entitled to take under any Finance Document or any applicable law; and/or
(b) the Security Trustee may, and if so instructed by the Agent, acting with the authorisation of the Majority Lenders, the Security Trustee shall take any action which, as a result of the Event of Default or any notice served under paragraph (a)(i) or (a)(ii), the Security Trustee, the Agent Agent, the Mandated Lead Arranger and/or the Lenders and/or the Swap Counterparties are entitled to take under any Finance Document or any applicable law.
Appears in 1 contract
Actions following an Event of Default. On, or at any time after, the occurrence and during the continuation of an Event of Default:
(a) the Agent may, and if so instructed by the Majority Lenders, the Agent shall:
(i) serve on the Borrowers a notice stating that all or part of the Commitments and of the all other obligations of each Lender to the Borrowers under this Agreement are cancelled; and/or
(ii) serve on the Borrowers a notice stating that the Loan, all or part of the Loan together with accrued interest and all other amounts accrued or owing under this Agreement are immediately due and payable or are due and payable on demand; and/or
(iii) take any other action which, as a result of the Event of Default or any notice served under paragraph (i) or (ii), the Agent and/or the Lenders are entitled to take under any Finance Document or any applicable law; and/or
(b) the Security Trustee may, and if so instructed by the Agent, acting with the authorisation authorization of the Majority Lenders, the Security Trustee shall take any action which, as a result of the Event of Default or any notice served under paragraph (a)(i) or (a)(ii), the Security Trustee, the Agent Agent, the Underwriter and/or the Lenders and/or the Swap Counterparties are BankBanksare entitled to take under any Finance Document or any applicable law.
Appears in 1 contract
Actions following an Event of Default. On, or at any time after, the occurrence and during the continuation of an Event of Default:
(a) the Agent may, and if so instructed by the Majority Lenders, the Agent shall:
(i) serve on the Borrowers a notice stating that all or part of the Commitments and of the all other obligations of each Lender to the Borrowers under this Agreement are cancelled; and/or
(ii) serve on the Borrowers a notice stating that the Loan, all or part of the Loan together with accrued interest and all other amounts accrued or owing under this Agreement are immediately due and payable or are due and payable on demand; and/or
(iii) take any other action which, as a result of the Event of Default or any notice served under paragraph (i) or (ii), the Agent and/or the Lenders are entitled to take under any Finance Document or any applicable law; and/or
(b) the Security Trustee may, and if so instructed by the Agent, acting with the authorisation of the Majority Lenders, the Security Trustee shall take any action which, as a result of the Event of Default or any notice served under paragraph (a)(i) or (a)(ii), the Security Trustee, the Agent Agent, the Arranger and/or the Lenders and/or the Swap Counterparties Bank are entitled to take under any Finance Document or any applicable law.
Appears in 1 contract
Actions following an Event of Default. On, or at any time after, the occurrence and during the continuation of an Event of DefaultDefault and while the Event of Default is continuing:
(a) the Agent may, and if so instructed by the Majority Lenders, the Agent shall:
(i) serve on the Borrowers a notice stating that all or part of the Commitments and of the all other obligations of each Lender to the Borrowers under this Agreement are cancelledterminated; and/or
(ii) serve on the Borrowers a notice stating that the Loans, all or part of the Loan together with accrued interest and all other amounts accrued or owing under this Agreement are immediately due and payable or are due and payable on demand; and/or
(iii) take any other action which, as a result of the Event of Default or any notice served under paragraph (i) or (ii), the Agent and/or the Lenders are entitled to take under any Finance Document or any applicable law; and/or
(b) the Security Trustee may, and if so instructed by the Agent, acting with the authorisation of the Majority Lenders, the Security Trustee shall take any action which, as a result of the Event of Default or any notice served under paragraph (a)(ia) (i) or (a)(iiii), the Security Trustee, the Agent and/or the Lenders and/or the Swap Counterparties are entitled to take under any Finance Document or any applicable law.
Appears in 1 contract
Actions following an Event of Default. On, or at any time after, the occurrence and during the continuation of an Event of Default:
(a) the Agent may, and if so instructed by the Majority Lenders, the Agent shall:
(i) serve on the Borrowers a notice stating that all or part of the Commitments and of the all other obligations of each Lender to the Borrowers under this Agreement are cancelled; and/or
(ii) serve on the Borrowers a notice stating that the Loan, all or part of the Loan together with accrued interest and all other amounts accrued or owing under this Agreement are immediately due and payable or are due and payable on demand; and/or
(iii) take any other action which, as a result of the Event of Default or any notice served under paragraph (i) or (ii), the Agent and/or the Lenders are entitled to take under any Finance Document or any applicable law; and/or
(b) the Security Trustee may, and if so instructed by the Agent, acting with the authorisation of the Majority Lenders, the Security Trustee shall take any action which, as a result of the Event of Default or any notice served under paragraph (a)(i) or (a)(ii), the Security Trustee, the Agent Agent, the Mandated Lead Arranger and/or the Lenders and/or the Swap Counterparties Bank are entitled to take under any Finance Document or any applicable law.
Appears in 1 contract
Samples: Loan Agreement (Pyxis Tankers Inc.)
Actions following an Event of Default. On, or at any time after, the occurrence and during the continuation of an Event of Default:
(a) the Agent may, and if so instructed by the Majority Lenders, the Agent shall:
(i) serve on the Borrowers a notice stating that all or part of the Commitments and of the all other obligations of each Lender to the Borrowers under this Agreement are cancelled; and/or
(ii) serve on the Borrowers a notice stating that the Loan or any part thereof, all or part of the Loan together with any accrued interest and all or any other amounts accrued or owing under this Agreement are immediately due and payable or are due and payable on demand; and/or
(iii) take any other action which, ,' as a result of the Event of Default or any notice served under paragraph (i) or (ii), the Agent and/or the Lenders are entitled to take under any Finance Document or any applicable law; and/or
(b) the Security Trustee may, and if so instructed by the Agent, acting with the authorisation of the Majority Lenders, the Security Trustee shall take any action which, as a result of the Event of Default or any notice served under paragraph (a)(i) or (a)(iia)(1), the Security Trustee, the Agent Agent, the Mandated Lead Arranger and/or the Lenders and/or the Swap Counterparties Bank are entitled to take under any Finance Document or any applicable law.
Appears in 1 contract
Actions following an Event of Default. On, or at any time after, the occurrence and during the continuation of an Event of DefaultDefault and which it is continuing:
(a) the Agent may, and if so instructed by the Majority Lenders, the Agent shall:
(i) serve on the Borrowers a notice stating that all or part of the Commitments and of the all other obligations of each Lender to the Borrowers under this Agreement are cancelled; and/or
(ii) serve on the Borrowers a notice stating that the Loan, all or part of the Loan together with accrued interest and all other amounts accrued or owing under this Agreement are immediately due and payable or are due and payable on demand; and/or
(iii) take any other action which, as a result of the Event of Default having occurred and continuing or any notice served under paragraph (i) or (ii), the Agent and/or the Lenders and/or the Swap Counterparties are entitled to take under any Finance Document or any applicable law; and/or
(b) the Security Trustee may, and if so instructed by the Agent, acting with the authorisation of the Majority Lenders, the Security Trustee shall take any action which, as a result of the Event of Default having occurred and continuing or any notice served under paragraph (a)(ia) (i) or (a)(iiii), the Security Trustee, the Agent and/or the Lenders and/or the Swap Counterparties are entitled to take under any Finance Document or any applicable law.
Appears in 1 contract
Samples: Loan Agreement (Euronav NV)
Actions following an Event of Default. On, or at any time after, the occurrence and during the continuation of an Event of DefaultDefault in relation to a Group:
(a) the Facility Agent may, and if so instructed by the Majority Lenders, the Facility Agent shall:
(i) serve on the Borrowers a notice stating that all or part of the Commitments and of the all other obligations of each Lender to the Borrowers under this Agreement are cancelledterminated; and/or
(ii) serve on the Borrowers a notice stating that all the Tranche or Tranches (or part thereof) owing by any Borrower which is a member of the Loan together with that Group, all accrued interest and all other amounts accrued or owing in respect of that or those Tranches under this Agreement are immediately due and payable or are due and payable on demand; and/or
(iii) take any other action which, as a result of the Event of Default or any notice served under paragraph (i) or (ii)) above, the Facility Agent and/or the Lenders are entitled to take under any Finance Document or any applicable law; and/or
(b) the Security Trustee may, and if so instructed by the Facility Agent, acting with the authorisation of the Majority Lenders, the Security Trustee shall take any action which, as a result of the Event of Default or any notice served under paragraph (a)(ia) (i) or (a)(ii)ii) above, the Security Trustee, the Agent and/or Facility Agent, the Lenders and/or the Swap Counterparties Bank are entitled to take under any Finance Document or any applicable law.
Appears in 1 contract
Actions following an Event of Default. On, or at any time after, the occurrence and during the continuation of an Event of DefaultDefault which is continuing:
(a) the Agent may, and if so instructed by the Majority Lenders, the Agent shall:
(i) serve on the Borrowers Borrower a notice stating that all or part of the Commitments and of the all other obligations of each Lender to the Borrowers Borrower under this Agreement are cancelled; and/or
(ii) serve on the Borrowers Borrower a notice stating that the Loan, all or part of the Loan together with accrued interest and all other amounts accrued or owing under this Agreement are immediately due and payable or are due and payable on demand; and/or
(iii) take any other action which, as a result of the Event of Default or any notice served under paragraph (i) or (ii), the Agent and/or the Lenders are entitled to take under any Finance Document or any applicable law; and/or
(b) the Security Trustee may, and if so instructed by the Agent, acting with the authorisation of the Majority Lenders, the Security Trustee shall take any action which, as a result of the Event of Default or any notice served under paragraph (a)(i) or (a)(iiii), the Security Trustee, the Agent and/or the Lenders and/or the Swap Counterparties Bank are entitled to take under any Finance Document or any applicable law.
Appears in 1 contract
Actions following an Event of Default. On, or at any time after, the occurrence and during the continuation of an Event of Default:
(a) the Agent may, and if so instructed by the Majority Lenders, the Agent shall:
(i) serve on the Borrowers Borrower a notice stating that all or part of the Commitments and of the all other obligations of each Lender to the Borrowers Borrower under this Agreement are cancelled; and/or
(ii) serve on the Borrowers Borrower a notice stating that the Loan, all or part of the Loan together with accrued interest and all other amounts accrued or owing under this Agreement are immediately due and payable or are due and payable on demand, provided that in the case of an Event of Default under either of Clauses 20.1(h) or (i), the Loan and all accrued interest and other amounts accrued or owing hereunder shall be deemed immediately due and payable without notice or demand there for; and/or
(iii) take any other action which, as a result of the Event of Default or any notice served under paragraph (i) or (ii), the Agent and/or the Lenders are entitled to take under any Finance Document or any applicable law; and/or
(b) the Security Trustee may, and if so instructed by the Agent, acting with the authorisation authorization of the Majority Lenders, the Security Trustee shall shall, take any action which, as a result of the Event of Default or any notice served under paragraph (a)(ia) (i) or (a)(iiii), the Security Trustee, the Agent and/or the Lenders and/or the Swap Counterparties are entitled to take under any Finance Document or any applicable law.
Appears in 1 contract
Actions following an Event of Default. OnSubject to the Intercreditor Agreement, on, or at any time after, the occurrence and during the continuation of an Event of Default:
(a) the Agent may, and if If so instructed directed in writing by the Majority Lenders, the Agent shall:
(i) serve on the Borrowers Borrower a notice stating that all or part of the Commitments and of the other obligations of each Lender to the Borrowers Borrower under this Agreement are cancelled; and/or
(ii) serve on the Borrowers Borrower a notice stating that all or part of the Loan Loan, together with accrued interest and all other amounts accrued or owing under this Agreement Agreement, are immediately due and payable or are due and payable on demand, provided that in the case of an Event of Default under either of Clauses 20.1(h) or (i), the Loan and all accrued interest and other amounts accrued or owing hereunder shall be deemed immediately due and payable without notice or demand therefor; and/or
(iii) take any other action which, as a result of the Event of Default or any notice served under paragraph (i) or (ii), the Agent and/or the Lenders are entitled to take under any Finance Document or any applicable law; and/or
(b) the Security Trustee may, and if If so instructed directed in writing by the Agent, acting with the authorisation of the Majority Lenders, the Security Trustee shall shall, take any action which, as a result of the Event of Default or any notice served under paragraph (a)(i) or (a)(iiii), the Security Trustee, the Agent and/or the Lenders and/or the Swap Counterparties are entitled to take under any Finance Document or any applicable lawlaw to enforce the Security Interests created by this Agreement and any other Finance Document in any manner available to it and in such sequence as the Majority Lenders may, in their absolute discretion, determine.
Appears in 1 contract
Samples: Second Lien Loan Agreement (Eagle Bulk Shipping Inc.)
Actions following an Event of Default. On, or at any time after, the occurrence and during the continuation of an Event of Default:
(a) the Agent may, and if so instructed by the Majority Lenders, the Agent shall:
(i) serve on the Borrowers a notice stating that all or part of the Commitments and of the all other obligations of each Lender the Lenders to the Borrowers under this Agreement are cancelledterminated; and/or
(ii) serve on the Borrowers a notice stating that the Loan, all or part of the Loan together with accrued interest and all other amounts accrued or owing under this Agreement are immediately due and payable or are due and payable on demand; and/or
(iii) take any other action which, as a result of the Event of Default or any notice served under paragraph (i) or (ii), the Agent and/or the Lenders and/or the Swap Bank are entitled to take under any Finance Document or any applicable law; and/or
(b) the Security Trustee may, and if so instructed by the Agent, Agent acting with the authorisation of the Majority Lenders, the Security Trustee shall take any action which, as a result of the Event of Default or any notice served under paragraph (a)(ia) (i) or (a)(iiii), the Security Trustee, Trustee and/or the Agent and/or the Lenders and/or the Swap Counterparties Bank are entitled to take under any Finance Document or any applicable law.
Appears in 1 contract
Actions following an Event of Default. On, or at any time after, the occurrence and during the continuation of an Event of Default:
(a) the Agent may, and if so instructed by the Majority Lenders, the Agent shall:
(i) serve on the Borrowers Borrower a notice stating that all or part of the Commitments and of the all other obligations of each Lender and the Guarantee Issuer to the Borrowers Borrower under this Agreement are cancelledterminated; and/or
(ii) serve on the Borrowers Borrower a notice stating that the Loans, all or part of the Loan together with accrued interest and all other amounts accrued or owing under this Agreement are immediately due and payable or are due and payable on demand; and/or
(iii) serve on the Borrower a notice that the provisions of Clause 12.6 (Provision of cash collateral security) have come into effect; and/or
(iv) take any other action which, as a result of the Event of Default or any notice served under paragraph paragraphs (i), (ii) or (iiiii), the Agent and/or the Lenders are entitled to take under any Finance Document or any applicable law; and/or
(b) the Security Trustee may, and if so instructed by the Agent, acting with the authorisation of the Majority Lenders, the Security Trustee shall take any action which, as a result of the Event of Default or any notice served under paragraph (a)(ia) (i) or (a)(iiii), the Security Trustee, the Agent and/or the Lenders and/or the Swap Counterparties are entitled to take under any Finance Document or any applicable law.
Appears in 1 contract
Samples: Loan and Guarantee Facility Agreement (DryShips Inc.)
Actions following an Event of Default. On, or at any time after, the occurrence and during the continuation of an Event of Default, which is continuing:
(a) the Agent may, and if so instructed by the Majority Lenders, the Agent shall:
(i) serve on the Borrowers Borrower a notice stating that all or part of the Commitments and of the all other obligations of each Lender to the Borrowers Borrower under this Agreement are cancelledterminated; and/or
(iii) serve (ii)serve on the Borrowers Borrower a notice stating that the Loan, all or part of the Loan together with accrued interest and all other amounts accrued or owing under this Agreement are immediately due and payable or are due and payable on demand; and/or
(iiiii) take (iii)take any other action which, as a result of the Event of Default or any notice served under paragraph (iI) or (ii)) above, the Agent and/or the Lenders are entitled to take under any Finance Document or any applicable law; and/or
(b) the Security Trustee may, and if so instructed by the Agent, acting with the authorisation of the Majority Lenders, the Security Trustee shall take any action which, as a result of the Event of Default or any notice served under paragraph (a)(ia) (i) or (a)(ii)ii) above, the Security Trustee, the Agent and/or the Lenders and/or the Swap Counterparties are entitled to take under any Finance Document or any applicable law.
Appears in 1 contract
Samples: Amending and Restating Agreement (Paragon Shipping Inc.)
Actions following an Event of Default. On, or at any time after, the occurrence and during the continuation of an Event of Default:
(a) the Agent may, and if so instructed by the Majority Lenders, the Agent shall:
(i) serve on the Borrowers a notice stating that all or part of the Commitments and of the other obligations of each Lender to the Borrowers under this Agreement are cancelled; and/or
(ii) serve on the Borrowers a notice stating that all or part of the Loan together with accrued interest and all other amounts accrued or owing under this Agreement are immediately due and payable or are due and payable on demand; and/or
(iii) take any other action which, as a result of the Event of Default or any notice served under paragraph (i) or (ii), the Agent and/or the Lenders are entitled to take under any Finance Document or any applicable law; and/or
(b) the Security Trustee may, and if so instructed by the Agent, acting with the authorisation of the Majority Lenders, the Security Trustee shall take any action which, as a result of the Event of Default or any notice served under paragraph (a)(i) or (a)(ii), the Security Trustee, the Agent and/or the Lenders and/or the Swap Counterparties are entitled to take under any Finance Document or any applicable law.
Appears in 1 contract
Actions following an Event of Default. On, or at any time after, the occurrence and during the continuation of an Event of Default:
(a) the Agent may, and if so instructed by the Majority Lenders, the Agent shall:
(i) serve on the Borrowers a notice stating that all or part of the Commitments and of the other obligations of each Lender to the Borrowers under this Agreement are cancelled; and/or
(ii) serve on the Borrowers a notice stating that all or part of the Loan together with accrued interest and all other amounts accrued or owing under this Agreement are immediately due and payable or are due and payable on demand; and/or
(iii) take any other action which, as a result of the Event of Default or any notice served under paragraph (i) or (ii), the Agent and/or the Lenders are entitled to take under any Finance Document or any applicable law; and/or
(b) the Security Trustee may, and if so instructed by the Agent, acting with the authorisation of the Majority Lenders, the Security Trustee shall take any action which, as a result of the Event of Default or any notice served under paragraph (a)(i) or (a)(iiii), the Security Trustee, the Agent and/or the Lenders and/or the Swap Counterparties Bank are entitled to take under any Finance Document or any applicable law.
Appears in 1 contract
Samples: Loan Agreement (Diana Shipping Inc.)
Actions following an Event of Default. On, or at any time after, the occurrence and during the continuation of an Event of Default:
(a) the Agent may, and if so instructed by the Majority Lenders, the Agent shall:
(i) serve on the Borrowers Borrower a notice stating that all or part of the Commitments and of the other obligations of each Lender to the Borrowers Borrower under this Agreement are cancelled; and/or
(ii) serve on the Borrowers Borrower a notice stating that all or part of the Loan together with accrued interest and all other amounts accrued or owing under this Agreement are immediately due and payable or are due and payable on demand; and/or
(iii) take any other action which, as a result of the Event of Default or any notice served under paragraph (i) or (ii), the Agent and/or the Lenders are entitled to take under any Finance Document or any applicable law; and/or
(b) the Security Trustee may, and if so instructed by the Agent, acting with the authorisation of the Majority Lenders, the Security Trustee shall take any action which, as a result of the Event of Default or any notice served under sub-paragraph (a)(ii) or (a)(iiii) of paragraph (a) Clause 19.2 (Actions following an Event of Default), the Security Trustee, the Agent Agent, the Mandated Lead Arranger and/or the Lenders and/or the Swap Counterparties are entitled to take under any Finance Document or any applicable law.
Appears in 1 contract
Actions following an Event of Default. On, or at any time after, the occurrence and during the continuation of an Event of DefaultDefault which is continuing:
(a) the Agent may, and if so instructed by the Majority LendersBanks, the Agent shall:
(i) serve on the Borrowers Obligors a notice stating that all or part of the Commitments and of the all other obligations of the Issuing Bank and each Lender Bank to the Borrowers Obligors under this Agreement are cancelledcancelled and requiring the Obligors to pay to the Agent the amount due under Clause 6.7; and/or
(ii) serve on the Borrowers Obligors a notice stating that all or part of the Loan together with accrued interest and all other amounts accrued or owing under this Agreement are immediately due and payable or are due and payable on demand; and/or
(iii) take any other action which, as a result of the Event of Default or any notice served under paragraph (i) or (ii), the Agent and/or the Lenders Issuing Bank and/or the Banks are entitled to take under any Finance Document or any applicable law; and/or
(b) the Security Trustee may, and if so instructed by the Agent, acting with the authorisation of the Majority LendersBanks, the Security Trustee shall take any action which, as a result of the Event of Default or any notice served under paragraph (a)(ia) (i) or (a)(iiii), the Security Trustee, the Agent and/or the Lenders Issuing Bank and/or the Swap Counterparties Banks are entitled to take under any Finance Document or any applicable law.
Appears in 1 contract
Actions following an Event of Default. On, or at any time after, the occurrence and during the continuation of an Event of Default:
(a) the Agent may, and if so instructed by the Majority Lenders, the Agent shall:
(i) serve on the Borrowers a notice stating that all or part of the Commitments and of the all other obligations of each Lender to the Borrowers under this Agreement are cancelled; and/or
(ii) serve on the Borrowers a notice stating that the Loan, all or part of the Loan together with accrued interest and all other amounts accrued or owing under this Agreement are immediately due and payable or are due and payable on demand; and/or
(iii) take any other action which, as a result of the Event of Default or any notice served under paragraph (i) or (ii), the Agent and/or the Lenders are entitled to take under any Finance Document or any applicable law; and/or
(b) the Security Trustee may, and if so instructed by the Agent, acting with the authorisation of the Majority Lenders, the Security Trustee shall take any action which, as a result of the Event of Default or any notice served under paragraph (a)(i) or (a)(ii), the Security Trustee, the Agent Agent, the Underwriter and/or the Lenders and/or the Swap Counterparties Bank are entitled to take under any Finance Document or any applicable law.
Appears in 1 contract
Samples: Loan Agreement (Box Ships Inc.)
Actions following an Event of Default. On, or at any time after, the occurrence and during the continuation of an Event of Default:
(a) the Agent may, and if so instructed by the Majority Lenders, the Agent shall:
(i) serve on the Borrowers Borrower a notice stating that all or part of the Commitments and of the all other obligations of each Lender to the Borrowers Borrower under this Agreement are cancelled; and/or
(ii) serve on the Borrowers Borrower a notice stating that all or part of the Loan Loan, together with accrued interest and all other amounts accrued or owing under this Agreement Agreement, are immediately due 102 β SK 26945 0003 10902825 v6 and payable or are due and payable on demand, provided that in the case of an Event of Default under either of Clauses 20.1(h) or (i), the Loan and all accrued interest and other amounts accrued or owing under this Agreement and the other Finance Documents shall be deemed immediately due and shall automatically become payable without notice or demand therefor; and/or
(iii) take any other action which, as a result of the Event of Default or any notice served under paragraph (i) or (ii), the Agent and/or the Lenders are entitled to take under any Finance Document or any applicable law; and/or
(b) the Security Trustee may, and if so instructed by the Agent, acting with the authorisation authorization of the Majority Lenders, the Security Trustee shall shall, take any action which, as a result of the Event of Default or any notice served under paragraph (a)(i) or (a)(iiii), the Security Trustee, the Agent and/or the Lenders and/or the Swap Counterparties are entitled to take under any Finance Document or any applicable lawlaw to enforce the Security Interests created by this Agreement and any other Finance Document in any manner available to it and in such sequence as the Security Trustee may, in its absolute discretion, determine.
Appears in 1 contract
Samples: Loan Agreement (Dorian LPG Ltd.)
Actions following an Event of Default. On, or at any time after, the occurrence and during the continuation of an Event of Default:
(a) the Agent may, and if so instructed by the Majority Lenders, the Agent shall:
(i) serve on the Borrowers Borrower a notice stating that all or part of the Term Commitments, the Revolving Commitments and of the all other obligations of each Lender to the Borrowers Borrower under this Agreement are cancelledterminated; and/or
(ii) serve on the Borrowers Borrower a notice stating that the Term Loan, the Revolving Loan, all or part of the Loan together with accrued interest and all other amounts accrued or owing under this Agreement are immediately due and payable or are due and payable on demand; and/or
(iii) take any other action which, as a result of the Event of Default or any notice served under paragraph (i) or (ii), the Agent and/or the Lenders and/or the Swap Counterparties are entitled to take under any Finance Document or any applicable law; and/or
(b) the Security Trustee may, and if so instructed by the Agent, acting with the authorisation of the Majority Lenders, the Security Trustee shall take any action which, as a result of the Event of Default or any notice served under paragraph (a)(ia) (i) or (a)(iiii), the Security Trustee, the Agent and/or the Lenders and/or the Swap Counterparties Banks are entitled to take under any Finance Document or any applicable law.
Appears in 1 contract
Samples: Loan Agreement (Grindrod Shipping Holdings Pte. Ltd.)
Actions following an Event of Default. On, or at any time after, the occurrence and during the continuation of an Event of DefaultDefault which is continuing:
(a) the Agent may, and if so instructed by the Majority Lenders, the Agent shall:
(i) serve on the Borrowers Borrower a notice stating that all or part of the Commitments and of the other obligations of each Lender to the Borrowers Borrower under this Agreement are cancelled; and/or
(ii) serve on the Borrowers Borrower a notice stating that all or part of the Loan together with accrued interest and all other amounts accrued or owing under this Agreement are immediately due and payable or are due and payable on demand; and/or
(iii) take any other action which, as a result of the Event of Default or any notice served under paragraph (i) or (ii), the Agent and/or the Lenders are entitled to take under any Finance Document or any applicable law; and/or
(b) the Security Trustee may, and if so instructed by the Agent, acting with the authorisation of the Majority Lenders, the Security Trustee shall take any action which, as a result of the Event of Default or any notice served under paragraph (a)(ia) (i) or (a)(iiii), the Security Trustee, the Agent and/or the Lenders and/or the Swap Counterparties are entitled to take under any Finance Document or any applicable law.
Appears in 1 contract
Actions following an Event of Default. On, or at any time after, the occurrence and during the continuation of an Event of DefaultDefault and while the same is continuing:
(a) the Agent mayshall, and if so instructed by the Majority Lenders, the Agent shall:
(i) serve on the Borrowers Borrower a notice stating that all or part of the Commitments and of the all other obligations of each Lender to the Borrowers Borrower under this Agreement are cancelled; and/or
(ii) serve on the Borrowers Borrower a notice stating that the Loan, all or part of the Loan together with accrued interest and all other amounts accrued or owing under this Agreement are immediately due and payable or are due and payable on demand; and/or
(iii) take any other action which, as a result of the Event of Default or any notice served under paragraph (i) or (ii), the Agent and/or the Lenders are entitled to take under any Finance Document or any applicable law and the Agent may, without being instructed by the Majority Lenders, take any action (other than that referred to in paragraphs (i) and (ii)) which, as a result of the Event of Default, the Agent is entitled to take under any Finance Document or any applicable law; and/or
(b) the Security Trustee mayshall, and if so instructed by the Agent, acting with the authorisation of the Majority Lenders, the Security Trustee shall take any action which, as a result of the Event of Default or any notice served under paragraph (a)(i) or (a)(ii), the Security Trustee, the Agent and/or the Lenders and/or are entitled to take under any Finance Document or any applicable law and the Swap Counterparties are Security Trustee may, without being instructed by the Agent or the Majority Lenders, take any action which, as a result of the Event of Default, the Security Trustee is entitled to take under any Finance Document or any applicable law.
Appears in 1 contract
Actions following an Event of Default. On, or at any time after, the occurrence and during the continuation of an Event of DefaultDefault which is continuing:
(a) a. the Agent may, and if so instructed by the Majority Lenders, the Agent shall:
(i) i. serve on the Borrowers a notice stating that all or part of the Commitments and of the other obligations of each Lender to the Borrowers under this Agreement are cancelled; and/or
(ii) . serve on the Borrowers a notice stating that all or part of the Loan together with accrued interest and all other amounts accrued or owing under this Agreement are immediately due and payable or are due and payable on demand; and/or
(iii) . take any other action which, as a result of the Event of Default or any notice served under paragraph (i) or (ii), the Agent and/or the Lenders are entitled to take under any Finance Document or any applicable law; and/or
(b) b. the Security Trustee may, and if so instructed by the Agent, acting with the authorisation of the Majority Lenders, the Security Trustee shall take any action which, as a result of the Event of Default or any notice served under paragraph (a)(ia) (i) or (a)(iiii), the Security Trustee, the Agent and/or the Lenders and/or the Swap Counterparties are entitled to take under any Finance Document or any applicable law.
Appears in 1 contract
Actions following an Event of Default. On, or at any time after, the occurrence and during the continuation of an Event of Default:
(a) the Agent may, and if so instructed by the Majority Lenders, the Agent shall:
(i) serve on the Borrowers a notice stating that all or part of the Commitments and of the all other obligations of each Lender to the Borrowers under this Agreement are cancelledterminated; and/or
(ii) serve on the Borrowers a notice stating that all or part of the Loan together with Loan, all accrued interest and all other amounts accrued or owing under this Agreement are immediately due and payable or are due and payable on demand; and/or
(iii) take any other action which, as a result of the Event of Default or any notice served under paragraph (i) or (ii)) above, the Agent and/or the Lenders are entitled to take under any Finance Document or any applicable law; and/or
(b) the Security Trustee may, and if so instructed by the Agent, acting with the authorisation of the Majority Lenders, the Security Trustee shall take any action which, as a result of the Event of Default or any notice served under paragraph (a)(ia) (i) or (a)(ii)ii) above, the Security Trustee, the Agent Agent, the Mandated Lead Arrangers and/or the Majority Lenders and/or the Swap Counterparties are entitled to take under any Finance Document or any applicable law.
Appears in 1 contract
Actions following an Event of Default. On, or at any time after, the occurrence and during the continuation of an Event of DefaultDefault which is continuing:
(a) the Agent may, and if so instructed by the Majority Lenders, the Agent shall:
(i) serve on the Borrowers a notice stating that all or part of the Commitments and of the all other obligations of each Lender to the Borrowers under this Agreement are cancelledterminated; and/or
(ii) serve on the Borrowers a notice stating that the Loan, all or part of the Loan together with accrued interest and all other amounts accrued or owing under this Agreement are immediately due and payable or are due and payable on demand; and/or
(iii) take any other action which, as a result of the Event of Default or any notice served under paragraph (i) or (ii), the Agent and/or the Lenders are entitled to take under any Finance Document or any applicable law; and/or
(b) the Security Trustee may, and if so instructed by the Agent, acting with the authorisation of the Majority Lenders, the Security Trustee shall take any action which, as a result of the Event of Default or any notice served under paragraph (a)(ia) (i) or (a)(iiii), the Security Trustee, the Agent and/or the Lenders and/or the Swap Counterparties are entitled to take under any Finance Document or any applicable law.
Appears in 1 contract
Samples: Loan Agreement (Euronav NV)
Actions following an Event of Default. On, or at any time after, the occurrence and during the continuation of an Event of Default:
(a) the Agent may, and if so instructed by the Majority Lenders, the Agent shall:
(i) serve on the Borrowers a notice stating that all or part of the Commitments and of the all other obligations of each Lender to the Borrowers under this Agreement are cancelledterminated; and/or
(ii) serve on the Borrowers a notice stating that all or part of the Loan together with Loan, all accrued interest and all other amounts accrued or owing under this Agreement are immediately due and payable or are due and payable on demand; and/or
(iii) take any other action which, as a result of the Event of Default or any notice served under paragraph (i) or (ii)) above, the Agent and/or the Lenders are entitled to take under any Finance Document or any applicable law; and/or
(b) the Security Trustee may, and if so instructed by the Agent, acting with the authorisation of the Majority Lenders, the Security Trustee shall take any action which, as a result of the Event of Default or any notice served under paragraph (a)(ia) (i) or (a)(ii)ii) above, the Security Trustee, the Agent and/or the Majority Lenders and/or the Swap Counterparties are entitled to take under any Finance Document or any applicable law.
Appears in 1 contract
Actions following an Event of Default. On(a) Subject to the terms of paragraphs (b), or (c) and (d) below, on and at any time after, after the occurrence and during the continuation of an Event of Default:
(a) Default which is continuing, the Administrative Agent may, and shall if so instructed directed by the Majority Required Lenders, by notice to the Agent shallCompany:
(i) serve on the Borrowers Company a notice stating that all or part of the Commitments and of the other obligations of each Lender to the Borrowers Company under this Agreement any Existing Facility or the Guarantee Facility are cancelled; and/or
(ii) serve on the Borrowers Company a notice stating that all or part any of the Loan Lenders' Exposures under any Existing Facility or the Guarantee Facility, together with accrued interest and all other amounts accrued or owing under this Agreement the Finance Documents relating to that Existing Facility or the Guarantee Facility, are immediately due and payable or are due and payable on demand; and/or
(iii) take any other action which, as a result provided that in the case of the an Event of Default or any notice served under paragraph either of Sections 7 (iInsolvency) or 8 (iiInsolvency Proceedings), the Agent and/or the Lenders are entitled to take under any Finance Document Lenders' Exposures and all accrued interest and other amounts accrued or any applicable lawowing hereunder shall be deemed immediately due and payable without notice or demand therefor; and/or
(b) the Security Trustee may, and if so instructed by the Agent, acting with the authorisation of the Majority Lenders, the Security Trustee shall take any action which, as a result of the Event of Default or any notice served under paragraph (a)(i) or (a)(ii), the Security Trustee, the Agent and/or the Lenders and/or the Swap Counterparties are entitled to take under any Finance Document or any applicable law.
Appears in 1 contract
Actions following an Event of Default. On, or at any time after, the occurrence and during the continuation of an Event of DefaultDefault which is continuing:
(a) the Agent may, and if so instructed by the Majority Lenders, the Agent shall:
(i) serve on the Borrowers a notice stating that all or part of the Commitments and of the other obligations of each Lender to the Borrowers under this Agreement are cancelled; and/or
(ii) serve on the Borrowers a notice stating that all or part of the Loan together with accrued interest and all other amounts accrued or owing under this Agreement are immediately due and payable or are due and payable on demand; and/or
(iii) take any other action which, as a result of the Event of Default or any notice served under paragraph (i) or (ii), the Agent and/or the Lenders are entitled to take under any Finance Document or any applicable law; and/or
(b) the Security Trustee may, and if so instructed by the Agent, acting with the authorisation of the Majority Lenders, the Security Trustee shall take any action which, as a result of the Event of Default or any notice served under paragraph (a)(ia) (i) or (a)(iiii), the Security Trustee, the Agent and/or the Lenders and/or the Swap Counterparties are entitled to take under any Finance Document or any applicable law.
Appears in 1 contract
Actions following an Event of Default. On, or at any time after, the occurrence and during the continuation of an Event of DefaultDefault which is continuing:
(a) the Agent may, and if so instructed by the Majority Lenders, the Agent shall:
(i) serve on the Borrowers Borrower a notice stating that all or part of the Commitments and of the other obligations of each Lender to the Borrowers Borrower under this Agreement are cancelled; and/or
(ii) serve on the Borrowers Borrower a notice stating that all or part of the Loan together with accrued interest and all other amounts accrued or owing under this Agreement are immediately due and payable or are due and payable on demand; and/or
(iii) take any other action which, as a result of the Event of Default which is continuing or any notice served under paragraph (i) or (ii), the Agent and/or the Lenders are entitled to take under any Finance Document or any applicable law; and/or
(b) the Security Trustee may, and if so instructed by the Agent, acting with the authorisation of the Majority Lenders, the Security Trustee shall take any action which, as a result of the Event of Default or any notice served under paragraph (a)(i) or (a)(ii), the Security Trustee, the Agent Agent, the Mandated Lead Arranger and/or the Lenders and/or the Swap Counterparties are entitled to take under any Finance Document or any applicable law.
Appears in 1 contract
Samples: Loan Agreement (EuroDry Ltd.)
Actions following an Event of Default. On, or at any time after, the occurrence and during the continuation of an Event of DefaultDefault which is continuing:
(a) the Agent may, and if so instructed by the Majority Lenders, the Agent shall:
(i) serve on the Borrowers Borrower a notice stating that all or part of the Commitments and of the all other obligations of each Lender and the Issuing Bank to the Borrowers Borrower under this Agreement are cancelledterminated; and/or
(ii) serve on the Borrowers Borrower a notice stating that all or part of the Loan together with (excluding, for the avoidance of doubt, any Guarantee), all accrued interest and all other amounts accrued or owing under this Agreement are immediately due and payable or are due and payable on demand; and/or
(iii) take any other action which, as a result of the Event of Default or any notice served under paragraph (i) or (ii), the Agent and/or the Lenders and/or the Issuing Bank are entitled to take under any Finance Document or any applicable law; and/or
(b) the Security Trustee may, and if so instructed by the Agent, acting with the authorisation of the Majority Lenders, the Security Trustee shall take any action which, as a result of the Event of Default or any notice served under paragraph (a)(ia) (i) or (a)(iiii), the Security Trustee, the Agent and/or the Lenders Issuing Bank and/or the Swap Counterparties Lenders are entitled to take under any Finance Document or any applicable law.
Appears in 1 contract
Samples: Loan Agreement (Danaos Corp)
Actions following an Event of Default. On, or at any time after, the occurrence and during the continuation of an Event of Default:
(a) the Agent may, and if so instructed by the Majority LendersLenders or KEXIM, the Agent shall:
(i) serve on the Borrowers a notice stating that all or part of the Commitments and of the all other obligations of each Lender to the Borrowers under this Agreement and the other Finance Documents are cancelled; and/or
(ii) serve on the Borrowers a notice stating that all or part of the Loan Loan, together with accrued interest and all other amounts accrued or owing under this Agreement and the other Finance Documents are immediately due and payable or are due and payable on demand, provided that in the case of an Event of Default under Clause 20.1(h), the Loan and all accrued interest and other amounts accrued or owing under this Agreement and the other Finance Documents shall be deemed immediately due and automatically become payable without notice or demand therefor; and/or
(iii) take any other action which, as a result of the Event of Default or any notice served under paragraph (i) or (ii), the Agent and/or the Lenders are entitled to take under any Finance Document or any applicable law; and/or
(b) the Security Trustee may, and if so instructed by the Agent, acting with the authorisation authorization of the Majority Lenders, the Security Trustee shall shall, take any action which, as a result of the Event of Default or any notice served under paragraph (a)(ia) (i) or (a)(iiii), the Security Trustee, the Agent and/or the Lenders and/or the Swap Counterparties are entitled to take under any Finance Document or any applicable lawlaw to enforce the Security Interests created by this Agreement and any other Finance Document in any manner available to it and in such sequence as the Security Trustee may, in its absolute discretion, determine.
Appears in 1 contract
Actions following an Event of Default. On, or at any time after, the occurrence and during the continuation of an Event of Default:
(a) the Agent may, and if so instructed by the Majority Lenders, the Agent shall:
(i) serve on the Borrowers Borrower a notice stating that all or part of the Commitments and of the all other obligations of each Lender to the Borrowers Borrower under this Agreement are cancelledterminated; and/or
(ii) serve on the Borrowers Borrower a notice stating that all or part of the Loan together with Loan, all accrued interest and all other amounts accrued or owing under this Agreement are immediately due and payable or are due and payable on demand; and/or
(iii) take any other action which, as a result of the Event of Default or any notice served under paragraph (i) or (ii)) above, the Agent and/or the Lenders are entitled to take under any Finance Document or any applicable law; and/or
(b) the Security Trustee may, and if so instructed by the Agent, acting with the authorisation of the Majority Lenders, the Security Trustee shall take any action which, as a result of the Event of Default or any notice served under paragraph (a)(ia) (i) or (a)(ii)ii) above, the Security Trustee, the Agent and/or the Majority Lenders and/or the Swap Counterparties are entitled to take under any Finance Document or any applicable law.
Appears in 1 contract
Actions following an Event of Default. On, or at any time after, the occurrence and during the continuation of an Event of Default:
(a) the Facility Agent may, and if so instructed by the Majority Lenders, the Facility Agent shall:
(i) serve on the Borrowers Borrower a notice stating that all or part of the Commitments and of the all other obligations of each Lender to the Borrowers Borrower under this Agreement are cancelledterminated; and/or
(ii) serve on the Borrowers Borrower a notice stating that the Loan, all or part of the Loan together with accrued interest and all other amounts accrued or owing under this Agreement are immediately due and payable or are due and payable on demand; and/or
(iii) take any other action which, as a result of the Event of Default or any notice served under paragraph (i) or (ii)) above, the Facility Agent and/or the Lenders are entitled to take under any Finance Document or any applicable law; and/or
(b) the Security Trustee may, and if so instructed by the Facility Agent, acting with the authorisation of the Majority Lenders, the Security Trustee shall take any action which, as a result of the Event of Default or any notice served under paragraph (a)(ia) (i) or (a)(ii)ii) above, the Security Trustee, the Facility Agent and/or the Lenders and/or the Swap Counterparties are entitled to take under any Finance Document or any applicable law.
Appears in 1 contract
Actions following an Event of Default. On, or at any time after, the occurrence and during the continuation of an Event of Default:
(a) the Agent may, and if so instructed by the Majority Lenders, the Agent shall:
(i) serve on the Borrowers a notice stating that all or part of the Commitments and of the all other obligations of each Lender to the Borrowers under this Agreement are cancelledterminated; and/or
(ii) serve on the Borrowers a notice stating that all or part of the Loan together with Loan, all accrued interest and all other amounts accrued or owing under this Agreement are immediately due and payable or are due and payable on demand; and/or
(iii) take any other action which, as a result of the Event of Default or any notice served under paragraph (i) or (ii)) above, the Agent and/or the Lenders are entitled to take under any Finance Document or any applicable law; and/or
(b) the Security Trustee may, and if so instructed by the Agent, acting with the authorisation of the Majority Lenders, the Security Trustee shall take any action which, as a result of the Event of Default or any notice served under paragraph (a)(ia) (i) or (a)(ii)ii) above, the Security Trustee, the Agent Agent, the Mandated Lead Arranger and/or the Majority Lenders and/or the Swap Counterparties are entitled to take under any Finance Document or any applicable law.
Appears in 1 contract
Actions following an Event of Default. On, or at any time afterafter and during the continuance of, the occurrence and during the continuation of an Event of Default:
(a) the Agent may, and if so instructed by the Majority Lenders, the Agent shall:
(i) serve on the Borrowers Borrower a notice stating that all or part of the Commitments and of the all other obligations of each Lender to the Borrowers Borrower under this Agreement are cancelled; and/or
(ii) serve on the Borrowers Borrower a notice stating that all or part of the Loan Loan, together with accrued interest and all other amounts accrued or owing under this Agreement Agreement, are immediately due and payable or are due and payable on demand, provided that in the case of an Event of Default under either of Clauses 20.1(h) or (i), the Loan and all accrued interest and other amounts accrued or owing hereunder shall be deemed immediately due and payable without notice or demand therefor; and/or
(iii) take any other action which, as a result of the Event of Default or any notice served under paragraph (i) or (ii), the Agent and/or the Lenders are entitled to take under any Finance Document or any applicable law; and/or
(b) the Security Trustee may, and if so instructed by the Agent, acting with the authorisation authorization of the Majority Lenders, the Security Trustee shall shall, take any action which, as a result of the Event of Default or any notice served under paragraph (a)(ia) (i) or (a)(iiii), the Security Trustee, the Agent and/or the Lenders and/or the Swap Counterparties are entitled to take under any Finance Document or any applicable lawlaw to enforce the Security Interests created by this Agreement and any other Finance Document in any manner available to it and in such sequence as the Security Trustee may, in its absolute discretion, determine.
Appears in 1 contract
Actions following an Event of Default. On, or at any time after, the occurrence and during the continuation of an Event of Default, which is continuing:
(a) 10.2.1 the Agent may, and if so instructed requested by the Majority Lenders shall, without prejudice to any other rights of the Lenders, by notice to the Agent shallBorrower declare that:
(ia) serve on the Borrowers a notice stating that all or part of the Commitments and of the all other obligations of each Lender to the Borrowers Borrower under this Agreement are cancelledterminated, whereupon the Total Commitment shall be reduced to zero forthwith; and/or
(iib) serve on the Borrowers a notice stating that all or part of the Loan together with and all interest and commitment commission accrued interest and all other amounts accrued sums payable under the Security Documents have become due and payable, whereupon the same shall, immediately or owing under this Agreement are immediately in accordance with the terms of such notice, become due and payable or are due and payable on demand; and/or
(iiic) take any other action which, as a result of the Event of Default or any notice served under paragraph (ia) or (ii), b) the Agent and/or the Lenders are entitled to take under any Finance Security Document or any applicable law; and/or
(b) 10.2.2 the Security Trustee Agent may, and if so instructed by the Agent, acting with the authorisation of the Majority Lenders, the Security Trustee Agent shall take any action (other than termination of a Transaction under a Master Agreement) which, as a result of the Event of Default or any notice served under paragraph (a)(i) or (a)(ii)clause 10.2.1, the Security TrusteeAgent, the Agent and/or the Lenders and/or the Swap Counterparties Banks are entitled to take under any Finance Security Document or any applicable law.
Appears in 1 contract
Samples: Facility Agreement (Costamare Inc.)