Amendment of Original Loan Agreement, Original Guarantee and Security Documents. 2.1 Subject to Clause 3, the parties hereto agree that from the date of this Deed the Original Loan Agreement shall be read and construed as if the clauses referred to in the first column of Schedule 2 had been amended to read as set out in the second column of Schedule 2. 2.2 Subject to Clause 3, the parties hereto agree that from the date of this Deed the Original Guarantee shall be read and construed as if: 2.2.1 the clause referred to in the first column of Schedule 3 had been amended to read as set out in the second column of Schedule 3; and 2.2.2 schedule 1 had been deleted and substituted with Schedule 4. 2.3 Each of the Borrower and the Guarantor hereby confirms to the Agent, the Hermes Agent and the Trustee that with effect from the date of this Deed: 2.3.1 all references to the Original Loan Agreement in the Security Documents to which it is a party shall be construed as references to the Loan Agreement and all terms used in such Security Documents whose meanings are defined by reference to the Original Loan Agreement shall be defined by reference to the Loan Agreement; 2.3.2 the Security Documents to which it is a party shall apply to, and extend to secure, the whole of the Outstanding Indebtedness as defined in clause 1.1 of the Loan Agreement; 2.3.3 its obligations under the Security Documents to which it is a party shall not be discharged, impaired or otherwise affected by reason of the execution of this Deed or of any of the documents or transactions contemplated hereby; and 2.3.4 its obligations under the Security Documents to which it is a party shall remain in full force and effect as security for the obligations of the Borrower under the Loan Agreement and the other Security Documents as amended by this Deed. 2.4 Except as expressly amended hereby or pursuant hereto the Original Loan Agreement and the Security Documents shall remain in full force and effect and nothing herein contained shall relieve the Borrower or any other Obligor from any of its respective obligations under any such documents.
Appears in 2 contracts
Samples: Second Supplemental Deed to the Secured Loan Agreement (NCL CORP Ltd.), Secured Loan Agreement (NCL CORP Ltd.)
Amendment of Original Loan Agreement, Original Guarantee and Security Documents. 2.1 Subject to Clause 3, the parties hereto agree that from the date of this Deed the Original Loan Agreement shall be read and construed as if the clauses referred to in the first column of Schedule 2 1 had been amended to read as set out in the second column of Schedule 21.
2.2 Subject to Clause 3, the parties hereto agree that from the date of this Deed the Original Guarantee shall be read and construed as if:
2.2.1 the clause referred to in the first column of Schedule 3 2 had been amended to read as set out in the second column of Schedule 32; and
2.2.2 schedule 1 had been deleted and substituted with Schedule 43.
2.3 Each of the Borrower and the Guarantor hereby confirms to the Agent, the Hermes Agent and the Trustee that with effect from the date of this Deed:
2.3.1 all references to the Original Loan Agreement in the Security Documents to which it is a party shall be construed as references to the Loan Agreement and all terms used in such Security Documents whose meanings are defined by reference to the Original Loan Agreement shall be defined by reference to the Loan Agreement;
2.3.2 the Security Documents to which it is a party (in some cases, in the case of the Borrower, by virtue of the Merger (as defined in the Third Supplement)) shall apply to, and extend to secure, the whole of the Outstanding Indebtedness as defined in clause 1.1 of the Loan Agreement;
2.3.3 its obligations under the Security Documents to which it is a party (in some cases, in the case of the Borrower, by virtue of the Merger) shall not be discharged, impaired or otherwise affected by reason of the execution of this Deed or of any of the documents or transactions contemplated hereby; and
2.3.4 its obligations under the Security Documents to which it is a party (in some cases, in the case of the Borrower, by virtue of the Merger) shall remain in full force and effect as security for the obligations of the Borrower under the Loan Agreement and the other Security Documents as amended by this Deed.
2.4 Except as expressly amended hereby or pursuant hereto the Original Loan Agreement and the Security Documents shall remain in full force and effect and nothing herein contained shall relieve the Borrower or any other Obligor from any of its respective obligations under any such documents.
Appears in 1 contract
Amendment of Original Loan Agreement, Original Guarantee and Security Documents. 2.1 Subject to Clause 3, the parties hereto agree that from the date of this Deed the Original Loan Agreement shall be read and construed as if the clauses referred to in the first column of Schedule 2 1 had been amended to read as set out in the second column of Schedule 21.
2.2 Subject to Clause 3, the parties hereto agree that from the date of this Deed the Original Guarantee shall be read and construed as if:
2.2.1 the clause clauses referred to in the first column of Schedule 3 2 had been amended to read as set out in the second column of Schedule 32; and
2.2.2 schedule 1 had been deleted and substituted with Schedule 43.
2.3 Each of the Borrower and the Guarantor hereby confirms to the Agent, the Hermes Agent and the Trustee Co-ordinator that with effect from the date of this Deed:
2.3.1 all references to the Original Loan Agreement in the Security Documents to which it is a party shall be construed as references to the Loan Agreement and all terms used in such Security Documents whose meanings are defined by reference to the Original Loan Agreement shall be defined by reference to the Loan Agreement;
2.3.2 the Security Documents to which it is a party shall apply to, and extend to secure, the whole of the Outstanding Indebtedness as defined in clause 1.1 of the Loan Agreement;
2.3.3 its obligations under the Security Documents to which it is a party shall not be discharged, impaired or otherwise affected by reason of the execution of this Deed or of any of the documents or transactions contemplated hereby; and
2.3.4 its obligations under the Security Documents to which it is a party shall remain in full force and effect as security for the obligations of the Borrower under the Loan Agreement and the other Security Documents as amended by this Deed.
2.4 Except as expressly amended hereby or pursuant hereto the Original Loan Agreement and the Security Documents shall remain in full force and effect and nothing herein contained shall relieve the Borrower or any other Obligor from any of its respective obligations under any such documents.
Appears in 1 contract
Amendment of Original Loan Agreement, Original Guarantee and Security Documents. 2.1 Subject to Clause 3, the parties hereto agree that from the date of this Deed the Original Loan Agreement shall be read and construed as if the clauses referred to in the first column of Schedule 2 1 had been amended to read as set out in the second column of Schedule 21.
2.2 Subject to Clause 3, the parties hereto agree that from the date of this Deed the Original Guarantee shall be read and construed as if:
2.2.1 the clause referred to in the first column of Schedule 3 2 had been amended to read as set out in the second column of Schedule 32; and
2.2.2 schedule 1 had been deleted and substituted with Schedule 43.
2.3 Each of the Borrower and the Guarantor hereby confirms to the Agent, the Hermes Security Agent and the Trustee Paying Agent that with effect from the date of this Deed:
2.3.1 all references to the Original Loan Agreement in the Security Documents to which it is a party shall be construed as references to the Loan Agreement and all terms used in such Security Documents whose meanings are defined by reference to the Original Loan Agreement shall be defined by reference to the Loan Agreement;
2.3.2 the Security Documents to which it is a party shall apply to, and extend to secure, the whole of the Outstanding Indebtedness as defined in clause 1.1 of the Loan Agreement;
2.3.3 its obligations under the Security Documents to which it is a party shall not be discharged, impaired or otherwise affected by reason of the execution of this Deed or of any of the documents or transactions contemplated hereby; and
2.3.4 its obligations under the Security Documents to which it is a party shall remain in full force and effect as security for the obligations of the Borrower under the Loan Agreement and the other Security Documents as amended by this Deed.
2.4 Except as expressly amended hereby or pursuant hereto the Original Loan Agreement and the Security Documents shall remain in full force and effect and nothing herein contained shall relieve the Borrower or any other Obligor from any of its respective obligations under any such documents.
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Samples: Third Supplemental Deed to Secured Loan Agreement (NCL CORP Ltd.)
