Common use of Borrower restrictions Clause in Contracts

Borrower restrictions. (a) Subject to paragraph (b) below, during the Security Period no Borrower shall: (i) claim any amount which may be due to it from any other Borrower whether in respect of a payment made under, or matter arising out of, this Agreement or any Finance Document, or any matter unconnected with this Agreement or any Finance Document; or (ii) take or enforce any form of security from any other Borrower for such an amount, or in any way seek to have recourse in respect of such an amount against any asset of any other Borrower; or (iii) set off such an amount against any sum due from it to any other Borrower; or (iv) prove or claim for such an amount in any liquidation, administration, arrangement or similar procedure involving any other Borrower; or (v) exercise or assert any combination of the foregoing. (b) If during the Security Period, the Facility Agent, by notice to a Borrower, requires it to take any action referred to in paragraph (a) above in relation to any other Borrower, that Borrower shall take that action as soon as practicable after receiving the Facility Agent’s notice.

Appears in 6 contracts

Samples: Facility Agreement (Navios Maritime Partners L.P.), Term Loan Facility (Navios Maritime Partners L.P.), Facility Agreement (Navios Maritime Partners L.P.)

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Borrower restrictions. (a) Subject to paragraph (b) below, during the Security Period no Borrower shall: (i) claim any amount which may be due to it from any other Borrower whether in respect of a payment made under, or matter arising out of, this Agreement or any Finance Document, or any matter unconnected with this Agreement or any Finance Document; or (ii) take or enforce any form of security from any other Borrower for such an amount, or in any the way seek to have recourse in respect of such an amount against any asset of any other Borrower; or (iii) set off such an amount against any sum due from it to any other Borrower; or (iv) prove or claim for such an amount in any liquidation, administration, arrangement or similar procedure involving any other Borrower; or (v) exercise or assert any combination of the foregoing. (b) If during the Security Period, the Facility Agent, by notice to a Borrower, requires it to take any action referred to in paragraph (a) above in relation to any other Borrower, that Borrower shall take that action as soon as practicable after receiving the Facility Agent’s notice.

Appears in 5 contracts

Samples: Term Loan Facility (Ardmore Shipping Corp), Term Loan Facility (Ardmore Shipping Corp), Term Loan Facility (Ardmore Shipping Corp)

Borrower restrictions. (a) Subject to paragraph (b) below, during the Security Period no Borrower shall: (i) claim any amount which may be due to it from any other Borrower whether in respect of a payment made under, or matter arising out of, this Agreement or any Finance Document, or any matter unconnected with this Agreement or any Finance Document; or (ii) take or enforce any form of security from any other Borrower for such an amount, or in any way seek to have recourse in respect of such an amount against any asset of any other Borrower; or (iii) set off such an amount against any sum due from it to any other Borrower; or (iv) prove or claim for such an amount in any liquidation, administration, arrangement or similar procedure involving any other Borrower; or (v) exercise or assert any combination of the foregoing. (b) If during the Security Period, the Facility Agent, by notice to a Borrower, requires it to take any action referred to in paragraph (a) above in relation to any other Borrower, that Borrower shall take that action as soon as practicable after receiving the Facility Agent’s 's notice.

Appears in 4 contracts

Samples: Term Loan Facility (United Maritime Corp), Term Loan Facility (Navios South American Logistics Inc.), Facility Agreement (Globus Maritime LTD)

Borrower restrictions. (a) Subject to paragraph (b) below, during the Security Period no Borrower shall: (i) claim any amount which may be due to it from any the other Borrower whether in respect of a payment made under, or matter arising out of, this Agreement or any Finance Document, or any matter unconnected with this Agreement or any Finance Document; or (ii) take or enforce any form of security from any the other Borrower for such an amount, or in any way seek to have recourse in respect of such an amount against any asset of any the other Borrower; or (iii) set off such an amount against any sum due from it to any the other Borrower; or (iv) prove or claim for such an amount in any liquidation, administration, arrangement or similar procedure involving any the other Borrower; or (v) exercise or assert any combination of the foregoing. (b) If during the Security Period, the Facility Agent, by notice to a Borrower, requires it to take any action referred to in paragraph (a) above in relation to any the other Borrower, that Borrower shall take that action as soon as practicable after receiving the Facility Agent’s notice.

Appears in 3 contracts

Samples: Term Loan Facility (Navios Maritime Partners L.P.), Facility Agreement (Navios Maritime Partners L.P.), Facility Agreement (Navios Maritime Holdings Inc.)

Borrower restrictions. (a) Subject to paragraph (b‎(b) below, during the Security Period no Borrower shall: (i) claim any amount which may be due to it from any other Borrower whether in respect of a payment made under, or matter arising out of, this Agreement or any Finance Document, or any matter unconnected with this Agreement or any Finance Document; or (ii) take or enforce any form of security from any other Borrower for such an amount, or in any way seek to have recourse in respect of such an amount against any asset of any other Borrower; or (iii) set off such an amount against any sum due from it to any other Borrower; or (iv) prove or claim for such an amount in any liquidation, administration, arrangement or similar procedure involving any other Borrower; or (v) exercise or assert any combination of the foregoing. (b) If during the Security Period, the Facility Agent, by notice to a Borrower, requires it to take any action referred to in paragraph (a‎(a) above in relation to any other Borrower, that Borrower shall take that action as soon as practicable after receiving the Facility Agent’s 's notice.

Appears in 2 contracts

Samples: Facility Agreement (United Maritime Corp), Term Loan Facility (Seanergy Maritime Holdings Corp.)

Borrower restrictions. (a) Subject to paragraph (b) below, during the Security Period no neither Borrower shall: (i) claim any amount which may be due to it from any the other Borrower whether in respect of a payment made under, or matter arising out of, this Agreement or any Finance Document, or any matter unconnected with this Agreement or any Finance Document; or (ii) take or enforce any form of security from any the other Borrower for such an amount, or in any way seek to have recourse in respect of such an amount against any asset of any the other Borrower; or (iii) set off such an amount against any sum due from it to any the other Borrower; or (iv) prove or claim for such an amount in any liquidation, administration, arrangement or similar procedure involving any the other Borrower; or (v) exercise or assert any combination of the foregoing. (b) If during the Security Period, the Facility Agent, by notice to a Borrower, requires it to take any action referred to in paragraph (a) above in relation to any the other Borrower, that Borrower shall take that action as soon as practicable after receiving the Facility Agent’s 's notice.

Appears in 2 contracts

Samples: Facility Agreement (Okeanis Eco Tankers Corp.), Facility Agreement (Okeanis Eco Tankers Corp.)

Borrower restrictions. (a) Subject to paragraph (b) below, during the Security Period no Borrower shall: (i) claim any amount which may be due to it from any other Borrower whether in respect of a payment made under, or matter arising out of, this Agreement or any Finance Document, or any matter unconnected with this Agreement or any Finance Document; or; (ii) take or enforce any form of security from any other Borrower for such an amount, or in any way seek to have recourse in respect of such an amount against any asset of any other Borrower; or; (iii) set off such an amount against any sum due from it to any other Borrower; or; (iv) prove or claim for such an amount in any liquidation, administration, arrangement or similar procedure involving any other Borrower; or (v) exercise or assert any combination of the foregoing. (b) If during the Security Period, the Facility AgentLender, by notice to a Borrower, requires it to take any action referred to in paragraph (a) above in relation to any other Borrower, that Borrower shall take that action as soon as practicable after receiving the Facility Agent’s Lender's notice.

Appears in 1 contract

Samples: Term Loan Facility (Navios Maritime Partners L.P.)

Borrower restrictions. (a) Subject to paragraph (b) below, during the Security Period no neither Borrower shall: (i) claim any amount which may be due to it from any the other Borrower whether in respect of a payment made under, or matter arising out of, this Agreement or any Finance Document, or any matter unconnected with this Agreement or any Finance Document; or (ii) take or enforce any form of security from any the other Borrower for such an amount, or in any the way seek to have recourse in respect of such an amount against any asset of any the other Borrower; or (iii) set off such an amount against any sum due from it to any the other Borrower; or (iv) prove or claim for such an amount in any liquidation, administration, arrangement or similar procedure involving any the other Borrower; or (v) exercise or assert any combination of the foregoing. (b) If during the Security Period, the Facility Agent, by notice to a Borrower, requires it to take any action referred to in paragraph (a) above in relation to any the other Borrower, that Borrower shall take that action as soon as practicable after receiving the Facility Agent’s 's notice.

Appears in 1 contract

Samples: Term Loan Facility (Star Bulk Carriers Corp.)

Borrower restrictions. (a) Subject to paragraph (b) below, during the Security Period no neither Borrower shall: (i) claim any amount which may be due to it from any the other Borrower whether in respect of a payment made under, or matter arising out of, this Agreement or any Finance Document, or any matter unconnected with this Agreement or any Finance Document; or (ii) take or enforce any form of security from any the other Borrower for such an amount, or in any the way seek to have recourse in respect of such an amount against any asset of any the other Borrower; or (iii) set off such an amount against any sum due from it to any the other Borrower; or (iv) prove or claim for such an amount in any liquidation, administration, arrangement or similar procedure involving any the other Borrower; or (v) exercise or assert any combination of the foregoing. (b) If during the Security Period, the Facility Agent, by notice to a either Borrower, requires it to take any action referred to in paragraph (a) above in relation to any the other Borrower, that Borrower shall take that action as soon as practicable after receiving the Facility Agent’s notice.. ​ ​

Appears in 1 contract

Samples: Term and Accordion Facilities Agreement (Ardmore Shipping Corp)

Borrower restrictions. (a) Subject to paragraph (b) below, during the Security Period no Borrower shall: (i) claim any amount which may be due to it from any other Borrower whether in respect of a payment made under, or matter arising out of, this Agreement or any Finance Document, or any matter unconnected with this Agreement or any Finance Document; or (ii) take or enforce any form of security from any other Borrower for such an amount, or in any way seek to have recourse in respect of such an amount against any asset of any other Borrower; or (iii) set off such an amount against any sum due from it to any other Borrower; or (iv) prove or claim for such an amount in any liquidation, administration, arrangement or similar procedure involving any other Borrower; or (v) exercise or assert any combination of the foregoing. (b) If during the Security Period, the Facility Agent, by notice to a Borrower, requires it to take any action referred to in paragraph (a) above in relation to any other Borrower, that Borrower shall take that action as soon as practicable after receiving the Facility Agent’s notice.

Appears in 1 contract

Samples: Term Loan Facility Agreement (Castor Maritime Inc.)

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Borrower restrictions. (a) Subject to paragraph (b) below, during the Security Period no Borrower shall: (i) claim any amount which may be due to it from any other Borrower whether in respect of a payment made under, or matter arising out of, this Agreement or any Finance Document, or any matter unconnected with this Agreement or any Finance Document; or (ii) take or enforce any form of security from any other Borrower for such an amount, or in any the way seek to have recourse in respect of such an amount against any asset of any other Borrower; or (iii) set off such an amount against any sum due from it to any other Borrower; or (iv) prove or claim for such an amount in any liquidation, administration, arrangement or similar procedure involving any other Borrower; or (v) exercise or assert any combination of the foregoing. (b) If during the Security Period, the Facility Agent, by notice to a Borrower, requires it to take any action referred to in paragraph (a) above in relation to any other Borrower, that Borrower shall take that action as soon as practicable after receiving the Facility Agent’s 's notice.

Appears in 1 contract

Samples: Term Loan Facility (Ardmore Shipping Corp)

Borrower restrictions. (a) Subject to paragraph (b) below, during the Security Period no Borrower shall: (i) claim any amount which may be due to it from any other Borrower whether in respect of a payment made under, or matter arising out of, this Agreement or any Finance Document, or any matter unconnected with this Agreement or any Finance Document; or; (ii) take or enforce any form of security from any other Borrower for such an amount, or in any way seek to have recourse in respect of such an amount against any asset of any other Borrower; or; (iii) set off such an amount against any sum due from it to any other Borrower; or; (iv) prove or claim for such an amount in any liquidation, administration, arrangement or similar procedure involving any other Borrower; or (v) exercise or assert any combination of the foregoing. (b) If during the Security Period, the Facility AgentAgent (acting on the instructions of the Majority Lenders), by notice to a Borrower, requires it to take any action referred to in paragraph (a) above in relation to any other Borrower, that Borrower shall take that action as soon as practicable after receiving the Facility Agent’s notice.

Appears in 1 contract

Samples: Term Loan Facility (Global Ship Lease, Inc.)

Borrower restrictions. (a) Subject to paragraph (b) below, during the Security Period no Borrower shall: (i) claim any amount which may be due to it from any other Borrower whether in respect of a payment made under, or matter arising out of, this Agreement or any Finance Document, or any matter unconnected with this Agreement or any Finance Document; or; (ii) take or enforce any form of security from any other Borrower for such an amount, or in any way seek to have recourse in respect of such an amount against any asset of any other Borrower; or; (iii) set off such an amount against any sum due from it to any other Borrower; or; (iv) prove or claim for such an amount in any liquidation, administration, arrangement or similar procedure involving any other Borrower; or (v) exercise or assert any combination of the foregoing. (b) If during the Security Period, the Facility AgentAgent (acting on the instructions of the Majority Lenders), by notice to a Borrower, requires it to take any action referred to in paragraph (a) above a)above in relation to any other Borrower, that Borrower shall take that action as soon as practicable after receiving the Facility Agent’s notice.

Appears in 1 contract

Samples: Term Loan Facility (Global Ship Lease, Inc.)

Borrower restrictions. (a) Subject to paragraph (b) below, during the Security Period no neither Borrower shall: (i) claim any amount which may be due to it from any the other Borrower whether in respect of a payment made under, or matter arising out of, this Agreement or any Finance Document, or any matter unconnected with this Agreement or any Finance Document; or (ii) take or enforce any form of security from any the other Borrower for such an amount, or in any the way seek to have recourse in respect of such an amount against any asset of any the other Borrower; or (iii) set off such an amount against any sum due from it to any the other Borrower; or (iv) prove or claim for such an amount in any liquidation, administration, arrangement or similar procedure involving any the other Borrower; or (v) exercise or assert any combination of the foregoing. (b) If during the Security Period, the Facility Agent, by notice to a either Borrower, requires it to take any action referred to in paragraph (a) above in relation to any the other Borrower, that Borrower shall take that action as soon as practicable after receiving the Facility Agent’s 's notice.. 89 ‌ EUROPE/73091764v9

Appears in 1 contract

Samples: Term, Revolving and Accordion Facilities Agreement (Ardmore Shipping Corp)

Borrower restrictions. (a) Subject to paragraph (b) below, during the Security Period no neither Borrower shall: (i) claim any amount which may be due to it from any the other Borrower whether in respect of a payment made under, or matter arising out of, this Agreement or any Finance Document, or any matter unconnected with this Agreement or any Finance Document; or; (ii) take or enforce any form of security from any the other Borrower for such an amount, or in any way seek to have recourse in respect of such an amount against any asset of any the other Borrower; or; (iii) set off such an amount against any sum due from it to any the other Borrower; or; (iv) prove or claim for such an amount in any liquidation, administration, arrangement or similar procedure involving any the other Borrower; or (v) exercise or assert any combination of the foregoing. (b) If during the Security Period, the Facility AgentLender, by notice to a Borrower, requires it to take any action referred to in paragraph (a) above in relation to any the other Borrower, that Borrower shall take that action as soon as practicable after receiving the Facility Agent’s Lender's notice.

Appears in 1 contract

Samples: Term Loan Facility (Castor Maritime Inc.)

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