Amendments to Finance Documents. With effect on and from the Effective Date each of the Finance Documents (other than the Loan Agreement, each Existing Xxxxxxxx Islands Mortgage which is amended and supplemented by the relevant Mortgage Addendum and each Guarantee which is amended and supplemented by the relevant Guarantee Supplement), shall be, and shall be deemed by this Agreement to be, amended as follows: (a) the definition of, and references throughout each of the Finance Documents to, the Loan Agreement, the Master Agreements and any of the other Finance Documents shall be construed as if the same referred to the Loan Agreement, the Master Agreements and those Finance Documents as amended and restated or supplemented by this Agreement; (b) the definition of, and references throughout each of the Finance Documents to, each Existing Xxxxxxxx Islands Mortgage shall be construed as if the same referred to that Existing Xxxxxxxx Island Mortgage as amended and supplemented by the relevant Mortgage Addendum; (c) the definition of, and references throughout each of the Finance Documents to each Guarantee, shall be construed as if the same referred to that Guarantee as amended and supplemented by the relevant Guarantee Supplement; (d) 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.
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Amendments to Finance Documents. With effect on and from (and subject to the occurrence of) the Effective Date Date, each of the Finance Documents (other than the Loan Agreement, each Facility Agreement and the Existing Xxxxxxxx Islands Mortgage which is amended and supplemented by the relevant Mortgage Addendum and each Guarantee which is amended and supplemented by the relevant Guarantee Supplement), Addendum) shall be, and shall be deemed by this Agreement Deed to be, amended as follows:
(a) the definition of, and references throughout each of the Finance Documents to, to the Loan Agreement, the Master Agreements Facility Agreement and any of the other Finance Documents shall be construed as if the same referred to to, respectively:
(i) the Loan Amended and Restated Facility Agreement, ; and
(ii) the Master Agreements and those other Finance Documents as amended and restated or supplemented by this AgreementClause 5.2 (Amendments to Finance Documents);
(b) the definition of, and cross references throughout each to any provisions of the Finance Documents to, each Existing Xxxxxxxx Islands Mortgage Facility Agreement shall be construed as if being cross references to the same referred to that Existing Xxxxxxxx Island Mortgage as amended equivalent clause in the Amended and supplemented by the relevant Mortgage AddendumRestated Facility Agreement;
(c) the definition of, and references throughout each of the Finance Documents to each Guaranteeto, the Existing Mortgage shall be construed as if the same referred to that Guarantee the Existing Mortgage as amended and supplemented by the relevant Guarantee SupplementMortgage Addendum;
(d) by construing references throughout each of the Finance Documents to “the Borrowers” as if the same referred to the Borrowers (including, for the avoidance of doubt, the Replacement Borrowers) as joint and several borrowers, or, where the context so requires, any of them; and
(e) 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 those Finance Documents as amended and and/or supplemented by this AgreementDeed.
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Amendments to Finance Documents. With effect on and from (and subject to the occurrence of) the Effective Date Date, each of the Finance Documents (other than the Loan Agreement, Facility Agreement and each Existing Xxxxxxxx Islands Mortgage which is amended and supplemented by the relevant Mortgage Addendum and each Guarantee which is amended and supplemented by the relevant Guarantee Supplement), or Second Mortgage Addendum) shall be, and shall be deemed by this Agreement Deed to be, amended as follows:
(a) the definition of, and references throughout each of the Finance Documents to, to the Loan "Facility Agreement, the Master Agreements " and any of the other Finance Documents shall be construed as if the same referred to to, respectively:
(i) the Loan Amended and Restated Facility Agreement, ; and
(ii) the Master Agreements and those other Finance Documents (other than the Mortgages) as amended and restated or supplemented by this AgreementClause 5.2 (Amendments to Finance Documents);
(b) by construing references throughout each such Finance Document to "the Borrowers" as if the same referred to the Borrowers (including, for the avoidance of doubt, the Additional Borrowers) as joint and several borrowers, or, where the context so requires, any of them;
(c) by construing references throughout each such Finance Document to "the Hedge Guarantors" as if the same referred to the Hedge Guarantors (including, for the avoidance of doubt, the Additional Hedge Guarantors) as hedge guarantors, or, where the context so requires, any of them;
(d) the definition of, and references throughout each of the such Finance Documents Document to, each Existing Xxxxxxxx Islands a Mortgage shall be construed as if the same referred to that Existing Xxxxxxxx Island Mortgage as amended and supplemented by the relevant Mortgage Addendum or Second Mortgage Addendum;; and
(c) the definition of, and references throughout each of the Finance Documents to each Guarantee, shall be construed as if the same referred to that Guarantee as amended and supplemented by the relevant Guarantee Supplement;
(de) by construing references throughout each of the such Finance Documents Document to “"this Agreement”", “"this Deed”", “"hereunder” " and other like expressions as if the same referred to such those Finance Documents as amended and and/or supplemented by this AgreementDeed.
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Amendments to Finance Documents. With effect on and from the Effective Date each of the Finance Documents (other than the Loan Agreement, each Existing Xxxxxxxx Islands Mortgage which is will be amended and supplemented by the relevant Mortgage Addendum and each Guarantee which is amended and supplemented by the relevant Guarantee SupplementAddendum), shall be, and shall be deemed by this Agreement to be, amended as follows:
(a) by including the liabilities of the Borrowers 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) the definition of, and references throughout each of the Finance Documents to the Agency and Trust Deed shall be construed as if the same referred 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 "BOX VOYAGER", "BOX TRADER" and "MAXXX", 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 reference throughout each of the Finance Documents to the Master Agreement, the Master Agreement Assignment and the Swap Bank shall be construed as if the same includes, respectively, the Second Master Agreement, the Second Master Agreement Assignment and the Second Swap Bank and all references to the Master Agreement, the Master Agreement Assignment and the Swap Bank in singular shall be construed as references in plural;
(e) the definition of, and references throughout each of the Finance Documents to, the Loan Master Agreement, the Master Agreements Loan Agreement and any of the other Finance Documents shall be construed as if the same referred to the Loan Master Agreement, the Master Agreements Loan Agreement and those Finance Documents as amended and restated or supplemented by this Agreement;; and
(b) the definition of, and references throughout each of the Finance Documents to, each Existing Xxxxxxxx Islands Mortgage shall be construed as if the same referred to that Existing Xxxxxxxx Island Mortgage as amended and supplemented by the relevant Mortgage Addendum;
(c) the definition of, and references throughout each of the Finance Documents to each Guarantee, shall be construed as if the same referred to that Guarantee as amended and supplemented by the relevant Guarantee Supplement;
(df) 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.
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Amendments to Finance Documents. With effect on and from the Effective Date each of the Finance Documents (other than the Loan Agreement, each Guarantee and each Existing Xxxxxxxx Islands Mortgage which is amended and supplemented by the relevant Mortgage Addendum and each Guarantee which is amended and supplemented by the relevant Guarantee SupplementAddendum), shall be, and shall be deemed by this Agreement to be, amended as follows:
(a) the definition of, and references throughout each of the Finance Documents to, the Loan Agreement, the Master Agreements and any of the other Finance Documents shall be construed as if the same referred to the Loan Agreement, the Master Agreements and those Finance Documents as amended and restated or supplemented by this Agreement;
(b) the definition of, and references throughout each of the Finance Documents to, each Existing Xxxxxxxx Islands Mortgage shall be construed as if the same referred to that Existing Xxxxxxxx Island Mortgage as amended and supplemented by the relevant Mortgage AddendumAddendum (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) the definition of, and references throughout each of the Finance Documents to each Guarantee, shall be construed as if the same referred to that Guarantee as amended and supplemented by the relevant Guarantee Supplementthis Agreement;
(de) 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.
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Amendments to Finance Documents. With effect on and from the Effective Date (and subject to its occurrence), each of the Finance Documents (other than the Loan Agreement, Facility Agreement and each Existing Xxxxxxxx Islands Mortgage which is amended and supplemented by the relevant Mortgage Addendum and each Guarantee which is amended and supplemented by the relevant Guarantee Supplement), Addendum) shall be, and shall be deemed by this Agreement Deed to be, amended as follows:
(a) the definition of, and references throughout each of the Finance Documents to, to the Loan “Facility Agreement, the Master Agreements ” and any of the other Finance Documents shall be construed as if the same referred to to, respectively:
(i) the Loan Amended and Restated Facility Agreement, ; and
(ii) the Master Agreements and those other Finance Documents as amended and restated or supplemented by this AgreementClause 5.2 (Amendments to Finance Documents) and by such further or consequential modification as may be necessary to give full effect to the terms of this Deed;
(b) the definition of, and references throughout each of the Finance Documents to, each Existing Xxxxxxxx Islands a Mortgage shall be construed as if the same referred to that Existing Xxxxxxxx Island Mortgage as amended and supplemented by the relevant Mortgage Addendum;
(c) the definition of, and by construing references throughout each of the Finance Documents to each Guarantee, shall be construed “the Borrowers” as if the same referred to that Guarantee the Borrowers (including, for the avoidance of doubt, the Additional Borrower) as amended joint and supplemented by several borrowers, or, where the relevant Guarantee Supplementcontext so requires, any of them;
(d) 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 those Finance Documents as amended and and/or supplemented by this Deed; and
(e) all cross references in the Facility Agreement will be updated accordingly to reflect the relevant clauses in the Amended and Restated Facility Agreement.
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Samples: Facility Agreement (Seanergy Maritime Holdings Corp.)