Amendments to Finance Documents. (a) With effect on and from the date of this Agreement each of the Finance Documents (other than the Loan Agreement) shall be, and shall be deemed by this Agreement to have been, amended in accordance with Clause 5.1 as follows: (i) the definition of, and references throughout each of the Finance Documents to, the Loan Agreement and any of the other Finance Documents shall be construed as if the same referred to the Loan Agreement and those Finance Documents as amended and supplemented by this Agreement; and (ii) by construing references throughout each of the Finance Documents to "this Agreement", "this Deed", "hereunder and other like expressions as if the same referred to such Finance Documents as amended and supplemented by this Agreement. (b) With effect on and from the Effective Date each of the Finance Documents (other than the Loan Agreement) shall be, and shall be deemed by this Agreement to have been, amended in accordance with Clause 5.2 as follows: (i) the definition of, and references throughout each of the Finance Documents to, the Loan Agreement and any of the other Finance Documents shall be construed as if the same referred to the Loan Agreement and those Finance Documents as amended and supplemented by this Agreement; and (ii) by construing references throughout each of the Finance Documents to "this Agreement", "this Deed", "hereunder and other like expressions as if the same referred to such Finance Documents as amended and supplemented by this Agreement.
Appears in 3 contracts
Samples: Supplemental Agreement, Supplemental Agreement (Pyxis Tankers Inc.), Third Supplemental Agreement (Pyxis Tankers Inc.)
Amendments to Finance Documents. (a) With effect on and from the date of this Agreement Effective Date each of the Finance Documents (other than the Loan Agreement) Agreement and each Mortgage in respect of “BETA” and “SINFONIA” which will be amended and supplemented by the relevant Mortgage Addendum), shall be, and shall be deemed by this Agreement to have beenbe, amended in accordance with Clause 5.1 as follows:
(ia) by including the liabilities of the Borrower under the Second Master Agreement within the definition of “Secured Liabilities” in each Finance Document and interpreting all references to this term in the Finance Documents accordingly;
(b) by reading and construing all references to the “Agency and Trust Deed” in the Finance Documents as references to the New Agency and Trust Deed;
(c) the definition of, and references throughout each of the Finance Documents to, each Mortgage in respect of “BETA” and “SINFONIA”, shall be construed as if the same referred to each such Mortgage as amended and supplemented by the relevant Mortgage Addendum;
(d) the definition of, and references throughout each of the Finance Documents to, the Loan Agreement and any of the other Finance Documents shall be construed as if the same referred to the Loan Agreement and those Finance Documents as amended and restated or supplemented by this Agreement; and
(iie) by construing references throughout each of the Finance Documents to "“this Agreement"”, "“this Deed"”, "hereunder “hereunder” and other like expressions as if the same referred to such Finance Documents as amended and supplemented by this Agreement.
(b) With effect on and from the Effective Date each of the Finance Documents (other than the Loan Agreement) shall be, and shall be deemed by this Agreement to have been, amended in accordance with Clause 5.2 as follows:
(i) the definition of, and references throughout each of the Finance Documents to, the Loan Agreement and any of the other Finance Documents shall be construed as if the same referred to the Loan Agreement and those Finance Documents as amended and supplemented by this Agreement; and
(ii) by construing references throughout each of the Finance Documents to "this Agreement", "this Deed", "hereunder and other like expressions as if the same referred to such Finance Documents as amended and supplemented by this Agreement.
Appears in 2 contracts
Samples: Loan Facility Agreement (Star Bulk Carriers Corp.), Loan Facility Agreement (Star Bulk Carriers Corp.)
Amendments to Finance Documents. (a) With effect on and from the date of this Agreement Effective Date each of the Finance Documents (other than the Loan Agreement) Facility Agreement and the Mortgage which is amended and/or supplemented by the Mortgage Addendum, shall be, and shall be deemed by this Agreement to have been, amended in accordance with Clause 5.1 as follows:
(ia) by including in the relevant clause (Incorporation of Facility Agreement provisions) of that Finance Document, a cross reference to clause 33 (bail-in) of the Facility Agreement as amended and supplemented by this Agreement;
(b) the definition of, and references throughout each of the Finance Documents to, the Loan Facility Agreement and any of the other Finance Documents shall be construed as if the same referred to the Loan Facility Agreement and those Finance Documents as amended amended/or and supplemented by this Agreement;
(c) the definition of, and references throughout each of the Finance Documents to, the Mortgage shall be construed as if the same referred to the Mortgage as amended/or and supplemented by the Mortgage Addendum; and
(iid) by construing references throughout each of the Finance Documents to "this Agreement", "this Deed", "hereunder " and other like expressions as if the same referred to such Finance Documents as amended and and/or supplemented by this Agreement.
(b) With effect on and from the Effective Date each of the Finance Documents (other than the Loan Agreement) shall be, and shall be deemed by this Agreement to have been, amended in accordance with Clause 5.2 as follows:
(i) the definition of, and references throughout each of the Finance Documents to, the Loan Agreement and any of the other Finance Documents shall be construed as if the same referred to the Loan Agreement and those Finance Documents as amended and supplemented by this Agreement; and
(ii) by construing references throughout each of the Finance Documents to "this Agreement", "this Deed", "hereunder and other like expressions as if the same referred to such Finance Documents as amended and supplemented by this Agreement.
Appears in 1 contract
Samples: Supplemental Agreement (Seanergy Maritime Holdings Corp.)
Amendments to Finance Documents. (a) With effect on and from the date of this Agreement Effective Date each of the Finance Documents (other than the Loan Agreement) Agreement and the Mortgages which are amended and supplemented by the Mortgage Addenda, shall be, and shall be deemed by this Agreement to have beenbe, amended in accordance with Clause 5.1 as follows:
(ia) the definition of, and references throughout each of the Finance Documents to, the Loan Agreement and any of the other Finance Documents shall be construed as if the same referred to the Loan Agreement and those Finance Documents as amended and restated or supplemented by this Agreement;
(b) the definitions of, and references throughout each of the Finance Documents to, a Mortgage or to the Mortgages shall be construed as if the same referred to such Mortgage or Mortgages as amended and supplemented by the relevant Mortgage Addendum; and
(iic) by construing references throughout each of the Finance Documents to "“this Agreement"”, "“this Deed"”, "hereunder “hereunder” and other like expressions as if the same referred to such Finance Documents as amended and supplemented by this Agreement.
(b) With effect on and from the Effective Date each of the Finance Documents (other than the Loan Agreement) shall be, and shall be deemed by this Agreement to have been, amended in accordance with Clause 5.2 as follows:
(i) the definition of, and references throughout each of the Finance Documents to, the Loan Agreement and any of the other Finance Documents shall be construed as if the same referred to the Loan Agreement and those Finance Documents as amended and supplemented by this Agreement; and
(ii) by construing references throughout each of the Finance Documents to "this Agreement", "this Deed", "hereunder and other like expressions as if the same referred to such Finance Documents as amended and supplemented by this Agreement.
Appears in 1 contract
Samples: Amending and Restating Agreement (Paragon Shipping Inc.)
Amendments to Finance Documents. (a) With effect on and from the date of this Agreement Effective Date each of the Finance Documents (other than the Loan Agreement) Agreement and each Mortgage in respect of each Ship which will be amended and supplemented by the relevant Mortgage Addendum), shall be, and shall be deemed by this Agreement Deed to have beenbe, amended in accordance with Clause 5.1 as follows:
(ia) the definition of, and references throughout each of the Finance Documents to, each Mortgage in respect of each Ship, shall be construed as if the same referred to each such Mortgage as amended and supplemented by the relevant Mortgage Addendum;
(b) the definition of, and references throughout each of the Finance Documents to, the Loan Agreement and any of the other Finance Documents shall be construed as if the same referred to the Loan Agreement and those Finance Documents as amended and restated or supplemented by this AgreementDeed; and
(iic) by construing references throughout each of the Finance Documents to "“this Agreement"”, "“this Deed"”, "hereunder “this Guarantee”, “hereunder” and other like expressions as if the same referred to such Finance Documents as amended and supplemented by this AgreementDeed.
(b) With effect on and from the Effective Date each of the Finance Documents (other than the Loan Agreement) shall be, and shall be deemed by this Agreement to have been, amended in accordance with Clause 5.2 as follows:
(i) the definition of, and references throughout each of the Finance Documents to, the Loan Agreement and any of the other Finance Documents shall be construed as if the same referred to the Loan Agreement and those Finance Documents as amended and supplemented by this Agreement; and
(ii) by construing references throughout each of the Finance Documents to "this Agreement", "this Deed", "hereunder and other like expressions as if the same referred to such Finance Documents as amended and supplemented by this Agreement.
Appears in 1 contract
Samples: Deed of Amendment and Restatement (Capital Product Partners L.P.)
Amendments to Finance Documents. (a) With effect on and from the date of this Agreement Effective Date each of the Finance Documents (other than the Loan Agreement) shall be, and shall be deemed by this Agreement to have beenbe, amended in accordance with Clause 5.1 as follows:
(ia) the definition of, and references throughout each of the Finance Documents to, the Loan Agreement Agreement, the Master Agreements and any of the other Finance Documents shall be construed as if the same referred to the Loan Agreement Agreement, the Master Agreements and those Finance Documents as amended and or supplemented by this Agreement; and;
(iib) the definition of, and references throughout each of the Finance Documents to, each Mortgage shall be construed as if the same referred to that Mortgage as amended and supplemented by the relevant Mortgage Addendum (if any);
(c) in relation to the General Assignments relating to each of the Existing Ships, such General Assignments shall be read and construed as supplementing the relevant Existing Mortgage as amended and supplemented pursuant to relevant the Mortgage Addenda (as the case may be) and references therein to the Mortgage shall be read and construed accordingly;
(d) by construing references throughout each of the Finance Documents to "this Agreement", "this Deed", "hereunder hereunder" and other like expressions as if the same referred to such Finance Documents as amended and supplemented by this Agreement.
(b) With effect on and from the Effective Date each of the Finance Documents (other than the Loan Agreement) shall be, and shall be deemed by this Agreement to have been, amended in accordance with Clause 5.2 as follows:
(i) the definition of, and references throughout each of the Finance Documents to, the Loan Agreement and any of the other Finance Documents shall be construed as if the same referred to the Loan Agreement and those Finance Documents as amended and supplemented by this Agreement; and
(ii) by construing references throughout each of the Finance Documents to "this Agreement", "this Deed", "hereunder and other like expressions as if the same referred to such Finance Documents as amended and supplemented by this Agreement.
Appears in 1 contract
Amendments to Finance Documents. (a) With effect on and from the date of this Agreement Effective Date each of the Finance Documents (other than the Loan Agreement) Agreement and the Mortgages in respect of the Ships shall be, and shall be deemed by this Agreement to have beenbe, amended in accordance with Clause 5.1 as follows:
(ia) the definition of, and references throughout each of the Finance Documents to, the Loan Agreement Agreement, the Guarantee and any of the other Finance Documents shall be construed as if the same referred to the Loan Agreement Agreement, the Guarantee and those Finance Documents as amended and supplemented by this AgreementAgreement and where relevant, each Third Mortgage Addendum; and
(iib) by construing references throughout each of the Finance Documents to "this Agreement", "this Deed", "hereunder " and other like expressions as if the same referred to such Finance Documents as amended and supplemented by this Agreement and where relevant, each Third Mortgage Addendum.
5.3 Finance Documents to remain in full force and effect
(a) the amendments to the Finance Documents contained or referred to in Clause 5.1 (Specific amendments to the Loan Agreement.) and Clause 5.2 (Amendments to Finance Documents);
(b) With effect on and from in the Effective Date each case of the Finance Documents (other than the Loan Agreement) shall be, and shall be deemed by this Agreement to have been, amended in accordance with Clause 5.2 as follows:
(i) the definition of, and references throughout Mortgages over each of the Finance Documents toShip, the Loan Agreement and any of the other Finance Documents shall be construed as if the same referred Third Mortgage Addendum applicable to the Loan Agreement and those Finance Documents as amended and supplemented by this Agreementsuch Mortgage; and
(iic) by construing references throughout each such further or consequential modifications as may be necessary to give full effect to the terms of the Finance Documents to "this Agreement", "this Deed", "hereunder and other like expressions as if the same referred to such Finance Documents as amended and supplemented by this Agreement.
Appears in 1 contract
Amendments to Finance Documents. (a) With effect on and from the date of this Agreement Restatement Date, each of the Finance Documents (other than the Loan AgreementFacility Agreement and the Mortgage) shall be, and shall be deemed by this Agreement to have beenbe, amended in accordance with Clause 5.1 as follows:
(a) the definition of, and references throughout each such Finance Documents to the Facility Agreement and any of the other Finance Documents shall be construed as if the same referred to, respectively:
(i) the Amended and Restated Facility Agreement; and
(ii) such other Finance Documents as amended and supplemented by this Clause 4.2 (Amendments to Finance Documents);
(b) the definition of, and references throughout each of the Finance Documents to, the Loan Agreement and any of the other Finance Documents Mortgage shall be construed as if the same referred to the Loan Agreement and those Finance Documents that Mortgage as amended and supplemented by this Agreement; andthe Mortgage Addendum;
(iic) by construing references throughout each of the such Finance Documents to "this Agreement", "this Deed", "hereunder hereunder" and other like expressions as if the same referred to such Finance Documents as amended and supplemented by this Agreement.
(b) With effect on and from the Effective Date each of the Finance Documents (other than the Loan Agreement) shall be, and shall be deemed by this Agreement to have been, amended in accordance with Clause 5.2 as follows:
(i) the definition of, and references throughout each of the Finance Documents to, the Loan Agreement and any of the other Finance Documents shall be construed as if the same referred to the Loan Agreement and those Finance Documents as amended and and/or supplemented by this AgreementDeed; and
(iid) by construing all cross references throughout each of to clauses in the Finance Documents Facility Agreement will be updated accordingly to "this Agreement", "this Deed", "hereunder reflect the relevant clauses in the Amended and other like expressions as if the same referred to such Finance Documents as amended and supplemented by this Restated Facility Agreement.
Appears in 1 contract
Samples: Amendment and Restatement Agreement (United Maritime Corp)