Common use of Assumption re Event of Default Clause in Contracts

Assumption re Event of Default. Except as otherwise provided in Section 17.15, the Facility Agent and the Security Trustee shall be entitled to assume that no Event of Default, or event which with the giving of notice or lapse of time, or both, would constitute an Event of Default, has occurred and is continuing, unless it has been notified by any Security Party of such fact, or has been notified by a Lender that such Lender considers that an Event of Default or such an event (specifying in detail the nature thereof) has occurred and is continuing. In the event that either thereof shall have been notified by any Security Party or any Lender in the manner set forth in the preceding sentence of any Event of Default or of an event which with the giving of notice or lapse of time, or both, would constitute an Event of Default, the Facility Agent shall notify the Lenders and shall take action and assert such rights under this Agreement, under the Note and under Security Documents as the Majority Lenders shall request in writing.

Appears in 6 contracts

Samples: Agreement (International Shipholding Corp), Senior Secured Loan Facility Agreement (International Shipholding Corp), Senior Secured Loan Facility Agreement (International Shipholding Corp)

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Assumption re Event of Default. Except as otherwise provided in Section 17.1515.15, the Facility each Agent and the Security Trustee shall be entitled to assume that no Event of Default, or event which with the giving of notice or lapse of time, or both, would constitute an Event of Default, has occurred and is continuing, unless it such Agent has been notified by any Security Party of such fact, or has been notified by a Lender that such Lender considers that an Event of Default or such an event (specifying in detail the nature thereof) has occurred and is continuing. In the event that either thereof an Agent shall have been notified by any Security Party or any Lender in the manner set forth in the preceding sentence of any Event of Default or of an event which with the giving of notice or lapse of time, or both, would constitute an Event of Default, the Facility such Agent shall notify the Lenders and shall take action and assert such rights under this Agreement, under the Note and under Security Documents as the Majority Lenders shall request in writing.

Appears in 2 contracts

Samples: Consent and Agreement (Omi Corp/M I), Loan Agreement (Omi Corp/M I)

Assumption re Event of Default. Except as otherwise provided in Section 17.1515.15, the Facility Administrative Agent and the Security Trustee shall be entitled to assume that no Event of Default, or event which with the giving of notice or lapse of time, or both, would constitute an Event of Default, has occurred and is continuing, unless it the Administrative Agent has been notified by any Security Party of such fact, or has been notified by a Lender that such Lender considers that an Event of Default or such an event (specifying in detail the nature thereof) has occurred and is continuing. In the event that either thereof the Administrative Agent shall have been notified by any Security Party or any Lender notified, in the manner set forth in the preceding sentence sentence, by any Security Party or any Lender of any Event of Default or of an event which with the giving of notice or lapse of time, or both, would constitute an Event of Default, the Facility Administrative Agent shall notify the Lenders and shall take action and assert such rights under this Credit Facility Agreement, under the Note and under Security Documents as the Majority Lenders shall request in writing.

Appears in 2 contracts

Samples: Credit Facility Agreement (Top Tankers Inc.), Credit Facility Agreement (Top Tankers Inc.)

Assumption re Event of Default. Except as otherwise provided in Section 17.15Clause 15.14 hereof, the Facility Agent and the Security Trustee shall be entitled to assume that no Event of Default, or event which with the giving of notice or lapse of time, or both, would constitute an Event of Default, has occurred and is continuing, unless it the Agent has been notified by any Security Party the Borrowers or the Guarantor of such fact, or has been notified by a Lender that such Lender considers that an Event of Default or such an event (specifying in detail the nature thereof) has occurred and is continuing. In the event that either thereof the Agent shall have been notified by any Security Party the Borrowers or any Lender in the manner set forth in the preceding sentence of any Event of Default or of an event which with the giving of notice or lapse of time, or both, would constitute an Event of Default, the Facility Agent shall notify the Lenders and shall take action and assert such rights under this Agreement, Agreement under the Note Notes and under the Security Documents as the Majority Lenders shall request in writing.

Appears in 2 contracts

Samples: Consent and Agreement (Teekay Shipping Corp), Agreement (Teekay Shipping Corp)

Assumption re Event of Default. Except as otherwise provided in Section 17.1515.14, the Facility Administrative Agent and the Security Trustee shall be entitled to assume that no Event of Default, or event which with the giving of notice or lapse of time, or both, would constitute an Event of Default, has occurred and is continuing, unless it the Administrative Agent has been notified by any Security Party of such fact, or has been notified by a Lender that such Lender considers that an Event of Default or such an event (specifying in detail the nature thereof) has occurred and is continuing. In the event that either thereof the Administrative Agent shall have been notified by any Security Party or any Lender in the manner set forth in the preceding sentence of any Event of Default or of an event which with the giving of notice or lapse of time, or both, would constitute an Event of Default, the Facility Administrative Agent shall notify the Lenders and shall take action and assert such rights under this Agreement, under the Note Note, under the Guaranty and under Security Documents as the Majority Lenders shall request in writing.

Appears in 2 contracts

Samples: Credit Agreement (Chiles Offshore LLC), Credit Agreement (Chiles Magellan LLC)

Assumption re Event of Default. Except as otherwise provided in Section 17.1516.15, the Facility Agent and the Security Trustee shall be entitled to assume that no Event of Default, or event which with the giving of notice or lapse of time, or both, would constitute an Event of Default, has occurred and is continuing, unless it has been notified by any Security Party of such fact, or has been notified by a Lender that such Lender considers that an Event of Default or such an event (specifying in detail the nature thereof) has occurred and is continuing. In the event that either thereof shall have been notified by any Security Party or any Lender in the manner set forth in the preceding sentence of any Event of Default or of an event which with the giving of notice or lapse of time, or both, would constitute an Event of Default, the Facility Agent shall notify the Lenders and shall take action and assert such rights under this Agreement, under the Note and under Security Documents as the Majority Lenders shall request in writing.

Appears in 2 contracts

Samples: Loan Agreement (International Shipholding Corp), Credit Agreement (International Shipholding Corp)

Assumption re Event of Default. Except as otherwise provided in Section 17.1515.15, the Facility Agent and the Security Trustee shall be entitled to assume that no Event of Default, or event which with the giving of notice or lapse of time, or both, would constitute an Event of Default, has occurred and is continuing, unless it the Facility Agent has been notified by any Security Party of such fact, or has been notified by a Lender that such Lender Xxxxxx considers that an Event of Default or such an event (specifying in detail the nature thereof) has occurred and is continuing. In the event that either thereof the Facility Agent shall have been notified by any Security Party or any Lender in the manner set forth in the preceding sentence of any Event of Default or of an event which with the giving of notice or lapse of time, or both, would constitute an Event of Default, the Facility Agent shall notify the Lenders and shall take action and assert such rights under this Agreement, under the Note and under Security Documents as the Majority Lenders shall request in writing.

Appears in 1 contract

Samples: Secured Credit Facility Agreement (Teekay Shipping Corp)

Assumption re Event of Default. Except as otherwise provided in Section 17.1514.15, the Facility Administrative Agent and the Security Trustee shall be entitled to assume that no Event of Default, or event which with the giving of notice or lapse of time, or both, would constitute an Event of Default, has occurred and is continuing, unless it the Administrative Agent has been notified by any Security Party of such fact, or has been notified by a Lender that such Lender Xxxxxx considers that an Event of Default or such an event (specifying in detail the nature thereof) has occurred and is continuing. In the event that either thereof the Administrative Agent shall have been notified by any Security Party or any Lender notified, in the manner set forth in the preceding sentence sentence, by any Security Party or any Lender of any Event of Default or of an event which with the giving of notice or lapse of time, or both, would constitute an Event of Default, the Facility Administrative Agent shall notify the Lenders and shall take action and assert such rights under this Agreement, under the Note and under Security Transaction Documents as the Majority Lenders (or the in the case of any Interest Rate Agreement, the Swap Provider) shall request in writing.

Appears in 1 contract

Samples: Senior Secured Term Credit Facility Agreement (Top Ships Inc.)

Assumption re Event of Default. Except as otherwise provided in Section 17.1516.15, the Facility Administrative Agent and the Security Trustee shall be entitled to assume that no Event of Default, or event which with the giving of notice or lapse of time, or both, would constitute an Event of Default, has occurred and is continuing, unless it has been notified by any Security Party of such fact, or has been notified by a Lender that such Lender considers that an Event of Default or such an event (specifying in detail the nature thereof) has occurred and is continuing. In the event that either thereof shall have been notified by any Security Party or any Lender in the manner set forth in the preceding sentence of any Event of Default or of an event which with the giving of notice or lapse of time, or both, would constitute an Event of Default, the Facility Administrative Agent shall notify 50 the Lenders and shall take action and assert such rights under this Agreement, under the Note and under Security Documents as the Majority Lenders shall request in writing.

Appears in 1 contract

Samples: Credit Agreement (International Shipholding Corp)

Assumption re Event of Default. Except as otherwise provided in Section 17.1515.14, the Facility Agent and the Security Trustee shall be entitled to assume that no Event of Default, or event which with the giving of notice or lapse of time, or both, would constitute an Event of Default, has occurred and is continuing, unless it the Agent has been notified by any Security Party of such fact, or has been notified by a Lender that such Lender considers that an Event of Default or such an event (specifying in detail the nature thereof) has occurred and is continuing. In the event that either thereof the Agent shall have been notified by any Security Party or any Lender in the manner set forth in the preceding sentence of any Event of Default or of an event which with the giving of notice or lapse of time, or both, would constitute an Event of Default, the Facility Agent shall notify the Lenders and shall take action and assert such rights under this Agreement, under the Note and under the Security Documents as the Majority Lenders shall request in writing.

Appears in 1 contract

Samples: Credit Agreement (NRG Generating U S Inc)

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Assumption re Event of Default. Except as otherwise provided in Section 17.1515.15, the Facility Administrative Agent and the Security Trustee shall be entitled to assume that no Event of Default, or event which with the giving of notice or lapse of time, or both, would constitute an Event of Default, has occurred and is continuing, unless it the Administrative Agent has been notified by any Security Party of such fact, or has been notified by a Lender that such Lender Lxxxxx considers that an Event of Default or such an event (specifying in detail the nature thereof) has occurred and is continuing. In the event that either thereof the Administrative Agent shall have been notified by any Security Party or any Lender notified, in the manner set forth in the preceding sentence sentence, by any Security Party or any Lender of any Event of Default or of an event which with the giving of notice or lapse of time, or both, would constitute an Event of Default, the Facility Administrative Agent shall notify the Lenders and shall take action and assert such rights under this Credit Facility Agreement, under the Note and under Security Documents as the Majority Lenders shall request in writing.

Appears in 1 contract

Samples: Senior Secured Term Credit Facility Agreement (Top Ships Inc.)

Assumption re Event of Default. Except as otherwise provided in Section 17.1515.15, the Facility Administrative Agent and the Security Trustee shall be entitled to assume that no Event of Default, or event which with the giving of notice or lapse passage of time, or both, would constitute an Event of Default, has occurred and is continuing, unless it the Administrative Agent has been notified by any Security Party of such fact, or has been notified by a Lender that such Lender considers that an Event of Default or such an event (specifying in detail the nature thereof) has occurred and is continuing. In the event that either thereof the Administrative Agent shall have been notified by any Security Party or any Lender notified, in the manner set forth in the preceding sentence sentence, by any Security Party or any Lender of any Event of Default or of an event which with the giving of notice or lapse of timepassage, or both, would constitute an Event of Default, the Facility Administrative Agent shall notify the Lenders and shall take action and assert such rights under this Loan Agreement, under the Note and under Security Documents as the Majority Lenders shall request in writing.

Appears in 1 contract

Samples: Loan Agreement (B Plus H Ocean Carriers LTD)

Assumption re Event of Default. Except as otherwise provided in Section 17.1515.14, the Facility Agent and the Security Trustee shall be entitled to assume that no Event of Default, or event which with the giving of notice or lapse of time, or both, would constitute an Event of Default, has occurred and is continuing, unless it the Facility Agent has been notified by any Security Party of such fact, or has been notified by a Lender that such Lender considers that an Event of Default or such an event (specifying in detail the nature thereof) has occurred and is continuing. In the event that either thereof the Facility Agent shall have been notified by any Security Party or any Lender in the manner set forth in the preceding sentence of any Event of Default or of an event which with the giving of notice or lapse of time, or both, would constitute an Event of Default, the Facility Agent shall notify the Lenders and shall take action and assert such rights under this Agreement, under the Note and under Security Loan Documents as the Majority Lenders shall request in writing.

Appears in 1 contract

Samples: Credit Agreement (Chiles Offshore Inc/New/)

Assumption re Event of Default. Except as otherwise provided in Section 17.1514.14, the Facility Administrative Agent and the Security Trustee Trustee, as the case may be, shall each be entitled to assume that no Event of Default, Default or event which with the giving of notice or lapse of time, or both, would constitute an Event of Default, Default has occurred and is continuing, unless it the Administrative Agent or the Security Trustee, as the case may be, has been notified by any a Security Party of such fact, or has been notified by a Lender Creditor that such Lender Creditor considers that an Event of Default or such an event Default (specifying in detail the nature thereof) has occurred and is continuing. In the event that either thereof the Administrative Agent or the Security Trustee, as the case may be, shall have been notified by any Security Party or any Lender other Creditor in the manner set forth in the preceding sentence of any Event of Default or of an event which with the giving of notice or lapse of time, or both, would constitute an Event of Default, the Facility Administrative Agent or the Security Trustee, as the case may be, shall notify the Lenders other Creditors and shall take action and assert such rights under this Agreement, under the Note and under Security Transaction Documents as the Majority Lenders shall request in writing.

Appears in 1 contract

Samples: Credit Facility Agreement (K-Sea Transportation Partners Lp)

Assumption re Event of Default. Except as otherwise provided in Section 17.1516.15, each of the Facility Agent and the Security Trustee shall be entitled to assume that no Event of Default, or event which with the giving of notice or lapse of time, or both, would constitute an Event of Default, has occurred and is continuing, unless it has been notified by any Security Party of such fact, or has been notified by a Lender that such Lender considers that an Event of Default or such an event (specifying in detail the nature thereof) has occurred and is continuing. In the event that either thereof shall have been notified by any Security Party or any Lender in the manner set forth in the preceding sentence of any Event of Default or of an event which with the giving of notice or lapse of time, or both, would constitute an Event of Default, the Facility Agent shall notify the Lenders and shall take action and assert such rights under this Agreement, under the Note and under Security Documents as the Majority Lenders shall request in writing.

Appears in 1 contract

Samples: Credit Agreement (International Shipholding Corp)

Assumption re Event of Default. Except as otherwise provided in Section 17.1515.15, the Facility Agent and the Security Trustee shall be entitled to assume that no Event of Default, or event which with the giving of notice or lapse of time, or both, would constitute an Event of Default, has occurred and is continuing, unless it the Facility Agent has been notified by any Security Party of such fact, or has been notified by a Lender that such Lender considers that an Event of Default or such an event (specifying in detail the nature thereof) has occurred and is continuing. In the event that either thereof the Facility Agent shall have been notified by any Security Party or any Lender in the manner set forth in the preceding sentence of any Event of Default or of an event which with the giving of notice or lapse of time, or both, would constitute an Event of Default, the Facility Agent shall notify the Lenders and shall take action and assert such rights under this Agreement, under the Note and under Security Documents as the Majority Lenders shall request in writing.

Appears in 1 contract

Samples: Restatement of Loan Agreement (Gulfmark Offshore Inc)

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