Common use of Budgets and Management of Funds Clause in Contracts

Budgets and Management of Funds. 9.1 The Managers shall present to the Owners annually a budget for the following twelve months in such form as the Owners require. The budget for the first year hereof is set out in Annex “C” hereto. Subsequent annual budgets shall be prepared by the Managers and submitted to the Owners not less than three months before the anniversary date of the commencement of this Agreement (see Clause 2 and Box 4). 9.2 The Owners shall indicate to the Managers their acceptance and approval of the annual budget within one month of presentation and in the absence of any such indication the Managers shall be entitled to assume that the Owners have accepted the proposed budget. 9.3 Following the agreement of the budget, the Managers shall prepare and present to the Owners their estimate of the working capital requirement of the Vessel and the Managers shall each month up-date this estimate. Based thereon, the Managers shall each month request the Owners in writing for the funds required to run the Vessel for the ensuing month, including the payment of any occasional or extraordinary item of expenditure, such as emergency repair costs, additional insurance premiums, bunkers or provisions. Such funds shall be received by the Managers within ten running days after the receipt by the Owners of the Managers’ written request and shall be held to the credit of the Owners in a separate bank account. 9.4 The Managers shall produce a comparison between budgeted and actual income and expenditure of the Vessel in such form as required by the Owners monthly or at such other intervals as mutually agreed. 9.5 Notwithstanding anything contained herein to the contrary, the Managers shall in no circumstances be required to use or commit their own funds to finance the provision of the Management Services.

Appears in 5 contracts

Samples: Ship Management Agreement (Dorian LPG Ltd.), Standard Ship Management Agreement (Dorian LPG Ltd.), Standard Ship Management Agreement (Dorian LPG Ltd.)

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Budgets and Management of Funds. 9.1 The Managers shall present to the Owners annually a budget for the following twelve months in such form as the Owners require. The budget for the first year hereof is set out in Annex “C” hereto. Subsequent annual budgets shall be prepared by the Managers and submitted to the Owners by 15 November each year not less than three months before the anniversary date of the commencement of this Agreement (see Clause 2 and Box 4). 9.2 The Owners shall indicate to the Managers their acceptance and approval of the annual budget within one month of presentation and in the absence of any such indication the Managers shall be entitled to assume that the Owners have accepted the proposed budget. 9.3 Following the agreement of the budget, the Managers shall prepare and present to the Owners their estimate of the working capital requirement of the Vessel and the Managers shall each month up-date update this estimate. Based thereon, the Managers shall each month request the Owners in writing for the funds required to run the Vessel for the ensuing month, including the payment of any occasional or extraordinary item of expenditure, such as emergency repair costs, additional insurance premiums, bunkers or provisions. Such funds shall be received by the Managers within ten running days after the receipt by the Owners of the Managers’ written request and shall be held to the credit of the Owners in a separate bank account. 9.4 The Managers shall produce a comparison between budgeted and actual income and expenditure of the Vessel Vessel, in such form as required by the Owners Owners, monthly or at such other intervals as mutually agreed. 9.5 Notwithstanding anything contained herein to the contrary, the Managers shall in no circumstances be required to use or commit their own funds to finance the provision of the Management Services.

Appears in 4 contracts

Samples: Ship Management Agreement (KNOT Offshore Partners LP), Ship Management Agreement (KNOT Offshore Partners LP), Ship Management Agreement (KNOT Offshore Partners LP)

Budgets and Management of Funds. 9.1 The On or before November 30 of each calendar year Tthe Managers shall present to the Owners annually a budget (see Annex "C") for the following twelve months monthsnext calendar year in such form as the Owners reasonably require. The budget for the first year hereof is set out in Annex "C" hereto. Subsequent annual budgets shall be prepared by the Managers and submitted to the Owners not less than three months before the anniversary date of the commencement of this Agreement (see Clause 2 and Box 4). 9.2 The Owners shall indicate to the Managers their acceptance and approval of the annual budget within one month of presentation and in the absence of any such indication the Managers shall be entitled to assume that the Owners have accepted the proposed budget. 9.3 The Owner shall place with the Manager for the duration of this Agreement an amount equal to three months running expenses as working capital reserve. For calculation purposes the reserve will be based on the agreed budgeted daily average cost as per the respective management agreement. Upon termination of this Agreement all moneys remaining within the working capital reserve shall be returned to the Owner subject to the terms and conditions of this agreement. Following the agreement of the budget, the Managers shall prepare and present to the Owners their estimate of the working capital requirement of the Vessel and the Managers shall each month up-date this estimate. Based thereon, the Managers shall each month request the Owners in writing for the funds required to run the Vessel for the ensuing month, including the payment of any occasional or extraordinary item of expenditure, such as emergency repair costs, additional insurance premiums, bunkers or provisions. Such funds shall be received by the Managers within ten running days after the receipt by the Owners of the Managers' written request and shall be held to the credit of the Owners in a separate bank account. 9.4 The Managers shall produce a comparison between budgeted and actual income and expenditure of the Vessel in such form as required by the Owners monthly on a yearly basis or at such other intervals as mutually agreed. 9.5 Notwithstanding anything contained herein to the contrary, the Managers shall in no circumstances be required to use or commit their own funds to finance the provision of the Management Services.

Appears in 3 contracts

Samples: Ship Management Agreement (DryShips Inc.), Ship Management Agreement (DryShips Inc.), Ship Management Agreement (DryShips Inc.)

Budgets and Management of Funds. 9.1 (a) The Managers shall present to the Owners annually a Managers’ initial budget for the following twelve months in such form as the Owners require. The budget for the first year hereof is set out in Annex “C” hereto. Subsequent annual budgets shall be for twelve month periods and shall be prepared by the Managers and submitted presented to the Owners not less than three months before the anniversary date end of the commencement of this Agreement (see Clause 2 and Box 4)budget year. 9.2 (b) The Owners shall indicate state to the Managers their acceptance and approval of the annual budget in a timely manner, but in any event within one month of presentation presentation, whether or not they agree to each proposed annual budget. The parties shall negotiate in good faith and if they fail to agree on the annual budget, including the management fee, either party may terminate this Agreement in the absence of any such indication the Managers shall be entitled to assume that the Owners have accepted the proposed budgetaccordance with Sub-clause 22(e). 9.3 (c) Following the agreement of the budget, the Managers shall prepare and present to the Owners their estimate of the working capital requirement of for the Vessel and the Managers shall each month up-date this estimate. Based thereon, the Managers shall each month request the Owners in writing for to pay the funds required to run the Vessel for the ensuing month, including the payment of any occasional or extraordinary item of expenditure, such as emergency repair costs, additional insurance premiums, bunkers or provisions. Such funds shall be received by the Managers within ten running days after the receipt by the Owners of the Managers’ written request and shall be held to the credit of the Owners in a separate bank account. 9.4 (d) The Managers shall at all times maintain and keep true and correct accounts in respect of the Management Services in accordance with the relevant International Financial Reporting Standards or such other standard as the parties may agree, including records of all costs and expenditure incurred, and produce a comparison between budgeted and actual income and expenditure of the Vessel in such form and at such intervals as required shall be mutually agreed. The Managers shall make such accounts available for inspection and auditing by the Owners monthly and/or their representatives in the Managers’ offices or at such other intervals as mutually agreedby electronic means, provided reasonable notice is given by the Owners. 9.5 (e) Notwithstanding anything contained herein to the contraryherein, the Managers shall in no circumstances be required to use or commit their own funds to finance the provision of the Management Services.

Appears in 3 contracts

Samples: Shipman 2009 Standard Ship Management Agreement (Okeanis Eco Tankers Corp.), Shipman 2009 Standard Ship Management Agreement (Okeanis Eco Tankers Corp.), Shipman 2009 Standard Ship Management Agreement (KNOT Offshore Partners LP)

Budgets and Management of Funds. 9.1 The Managers shall present to the Owners annually a budget for the following twelve months in such form as the Owners require. The budget for the first year hereof is set out in Annex “C” hereto. Subsequent annual budgets shall be prepared by the Managers and submitted to the Owners not less than three months before the anniversary date of the commencement of this Agreement (see Clause 2 and Box 4). Managers will be preparing budgets in connection with, inter alia, the provision of the Management Services which the Managers will be submitting for as the Owners reasonably require. 9.2 The Owners shall indicate to the Managers their acceptance and approval of the annual budget within one month of presentation and in the absence of any such indication the Managers shall be entitled to assume that the Owners have accepted the proposed budget. 9.3 Following the agreement of the budget, the Managers shall prepare and present to the Owners their estimate of the working capital requirement of the Vessel and the Managers shall each month up-date update this estimate. Based thereon, the Managers shall each month request the Owners in writing for the funds required to run the Vessel for the ensuing month, including the payment of any occasional or extraordinary item of expenditure, such as emergency repair costs, additional insurance premiums, bunkers or provisions. Such funds shall be received by the Managers within ten running days after the receipt by the Owners of the Managers’ written request and shall be held to the credit of the Owners in a separate bank accountaccount in the name of the Managers or, if requested by the Managers, in the name of the Owners. 9.4 The Managers shall produce a comparison between budgeted and actual income and expenditure of the Vessel in such form as required by the Owners monthly or at such other intervals as mutually agreed. 9.5 Notwithstanding anything contained herein to the contrary, the Managers shall in no circumstances be required to use or commit their own funds to finance the provision of the Management Services.

Appears in 2 contracts

Samples: Ship Management Agreement (Dynagas LNG Partners LP), Ship Management Agreement (Dynagas LNG Partners LP)

Budgets and Management of Funds. 9.1 9.1. The Managers shall present to the Owners annually a budget for the following twelve months in such form as the Owners require. The budget for the first year hereof is set out in Annex "C" hereto. Subsequent annual budgets shall be prepared by the Managers and submitted to the Owners BY not less than three months before THE FINANCIAL YEAR END the anniversary date of the commencement of this Agreement (see Clause 2 and Box 4). 9.2 9.2. The Owners shall indicate to the Managers their acceptance and approval of the annual budget within one month of presentation and in the absence of any such indication the Managers shall be entitled to assume that the Owners have accepted the proposed budget. 9.3 9.3. Following the agreement of the budget, the Managers shall prepare and present to the Owners their estimate of the working capital requirement of the Vessel and the Managers shall each month up-date update this estimate. Based , based thereon, the Managers shall each month request the Owners in writing for the funds required to run the Vessel for the ensuing month, including the payment of any occasional or extraordinary item of expenditure, such as emergency repair costs, additional insurance premiums, bunkers or provisions. Such funds shall be received by the Managers within ten running days after the receipt by the Owners of the Managers' written request and shall be held to the credit of the Owners in a separate bank account. 9.4 9.4. The Managers shall produce a SIX MONTH comparison between budgeted and actual income and expenditure of the Vessel in such form as required by the Owners monthly or at such other intervals as mutually agreed. 9.5 9.5. Notwithstanding anything contained herein to the contrary, the Managers shall in no circumstances be required to use or commit their own funds to finance the provision of the Management Services.

Appears in 2 contracts

Samples: Standard Ship Management Agreement (Castor Maritime Inc.), Standard Ship Management Agreement (Castor Maritime Inc.)

Budgets and Management of Funds. 9.1 The Managers shall present to the Owners annually a budget for the following twelve months in such form as the Owners require. require The budget for the first year hereof is set out in Annex “C” hereto. Subsequent annual budgets shall be prepared by the Managers and submitted to the Owners not less than three months before the anniversary date of the commencement of this Agreement (see Clause 2 and Box 4). 9.2 The Owners shall indicate to the Managers their acceptance and approval of the annual budget within one month of presentation and in the absence of any such indication the Managers shall be entitled to assume that the Owners have accepted the proposed budget. 9.3 Following the agreement of the budget, the Managers shall prepare and present to the Owners their estimate of the working capital requirement of the Vessel and the Managers shall each month up-date this estimate. Based thereon, the Managers shall each month request the Owners in writing for the funds required to run the Vessel for the ensuing month, including the payment of any occasional or extraordinary item of expenditure, such as emergency repair costs, additional insurance premiums, bunkers or provisions. Such funds shall be received by the Managers within ten running days after the receipt by the Owners of the Managers’ written request and shall be held to the credit of the Owners in a separate bank account. 9.4 The Managers shall produce a comparison between budgeted and actual income and expenditure of the Vessel in such form as required by the Owners monthly or at such other intervals as mutually agreed. 9.5 Notwithstanding anything contained herein to the contrary, the Managers shall in no circumstances be required to use or commit their own funds to finance the provision of the Management Services.

Appears in 2 contracts

Samples: Standard Ship Management Agreement, Standard Ship Management Agreement (Gener8 Maritime, Inc.)

Budgets and Management of Funds. 9.1 The Managers shall present to the Owners annually a budget for the following twelve months monthscalendar year in such form as the Owners require. The budget for the first year hereof is set out in Annex “C” hereto. Subsequent annual budgets shall be prepared by the Managers and submitted to the Owners not less than three months before commencement of the budget yearthe anniversary date of the commencement of this Agreement (see Clause 2 and Box 4). 9.2 The Owners shall indicate Indicate to the Managers their acceptance and approval of the annual budget within one month of presentation and in the absence of any such indication the Managers shall be entitled to assume that the Owners have accepted the proposed budget. 9.3 Following the agreement of the budget, the Managers shall prepare and present to the Owners their estimate of the working capital requirement of the Vessel and the Managers shall each month up-date this estimate. Based thereon, the Managers shall each month request the Owners in writing for the funds required to run the Vessel for the ensuing month, including the payment of any occasional or extraordinary item of expenditure, such as emergency repair costs, additional insurance premiums, bunkers or provisions. Such funds shall be received by the Managers within ten running days after the receipt by the Owners of the Managers’ written request and shall be held to the credit of the Owners in a separate bank account. 9.4 The Managers shall produce a comparison between budgeted and actual income and expenditure of the Vessel in such form as required by the Owners monthly or at such other intervals as mutually agreed. 9.5 Notwithstanding anything contained herein to the contrary, the Managers shall in no circumstances be required to use or commit their own funds to finance the provision of the Management Services.

Appears in 2 contracts

Samples: Standard Ship Management Agreement (Hoegh LNG Partners LP), Standard Ship Management Agreement (Hoegh LNG Partners LP)

Budgets and Management of Funds. 9.1 The Managers shall present to the Owners annually a budget for the following twelve months in such form as the Owners require. The budget for the first year hereof is set out in Annex “C” hereto. Subsequent annual budgets shall be prepared by the Managers and submitted to the Owners not less than three months before the anniversary date of the commencement of this Agreement (see Clause 2 and Box 4). 9.2 The Owners shall indicate to the Managers their acceptance and approval of the annual annual, budget within one month thirty (30) days of presentation and in the absence of any such indication the Managers shall be entitled to assume that the Owners have accepted the proposed budget. 9.3 Following the agreement of the budget, the Managers shall prepare and present to the Owners their estimate of the working capital requirement of the Vessel and the Managers shall each month up-date this estimate. Based thereon, the Managers shall each month request the Owners in writing for the funds required to run the Vessel for the ensuing month, including the payment of any occasional or extraordinary item of expenditure, such as emergency repair costs, additional insurance premiums, bunkers or provisions. Such funds shall be received by the Managers within ten running days after the receipt by the Owners of the Managers’ written request and shall be held to the credit of the Owners in a separate bank account. 9.4 The Managers shall produce a comparison between budgeted and actual income and expenditure of the Vessel in such form as required by the Owners monthly or at such other intervals as mutually agreed. 9.5 Notwithstanding anything contained herein to the contrary, the Managers shall in no circumstances be required to use or commit their own funds to finance the provision of the Management Services.

Appears in 2 contracts

Samples: Ship Management Agreement, Ship Management Agreement (Cavan Maritime LTD)

Budgets and Management of Funds. 9.1 The Managers shall present to the Owners annually a budget for the following twelve months monthscalendar year in such form as the Owners require. The budget for the first year hereof is set out in Annex “C” hereto. Subsequent annual budgets shall be prepared by the Managers and submitted to the Owners not less than three months before commencement of the budget yearthe anniversary date of the commencement of this Agreement (see Clause 2 and Box 4). 9.2 The Owners shall indicate to the Managers their acceptance and approval of the annual budget within one month of presentation and in the absence of any such indication the Managers shall be entitled to assume that the Owners have accepted the proposed budget. 9.3 Following the agreement of the budget, the Managers shall prepare and present to the Owners their estimate of the working capital requirement of the Vessel and the Managers shall each month up-date this estimate. Based thereon, the Managers shall each month request the Owners in writing for the funds required to run the Vessel for the ensuing month, including the payment of any occasional or extraordinary item of expenditure, such as emergency repair costs, additional insurance premiums, bunkers or provisions. Such funds shall be received by the Managers within ten running days after the receipt by the Owners of the Managers’ written request and shall be held to the credit of the Owners in a separate bank account. 9.4 The Managers shall produce a comparison between budgeted and actual income and expenditure of the Vessel in such form as required by the Owners monthly or at such other intervals as mutually agreed. 9.5 Notwithstanding anything contained herein to the contrary, the Managers shall in no circumstances be required to use or commit their own funds to finance the provision of the Management Services.

Appears in 2 contracts

Samples: Standard Ship Management Agreement (Hoegh LNG Partners LP), Standard Ship Management Agreement (Hoegh LNG Partners LP)

Budgets and Management of Funds. 9.1 The Managers shall present to the Owners annually a budget for the following twelve months in such form as the Owners require. The budget for the first year hereof is set out in Annex “C” hereto. Subsequent annual budgets shall be prepared by the Managers and submitted to the Owners not less than three months one month before the anniversary date of the commencement of this Agreement (see Clause 2 and Box 4). 9.2 The Owners shall indicate to the Managers their acceptance and approval of the annual budget within one month of presentation and in the absence of any such indication the Managers shall be entitled to assume that the Owners have accepted the proposed budget. 9.3 Following the agreement of the budget, the Managers shall prepare and present to the Owners their estimate of the working capital requirement of the Vessel and the Managers shall each month up-date this estimate. Based thereon, the Managers shall each month request the Owners in writing for the funds required to run the Vessel for the ensuing month, including the payment of any occasional or extraordinary item of expenditure, such as emergency repair costs, additional insurance premiums, bunkers or provisions. Such funds shall be received by the Managers within ten running days after the receipt by the Owners of the Managers’ written request and shall be held to the credit of the Owners in a separate bank account. 9.4 The Managers shall produce a comparison between budgeted and actual income and expenditure of the Vessel in such form as required by the Owners monthly on a quarterly basis or at such other intervals as mutually agreed. 9.5 Notwithstanding anything contained herein to the contrary, the Managers shall in no circumstances be required to use or commit their own funds to finance the provision of the Management Services.

Appears in 2 contracts

Samples: Standard Ship Management Agreement (Scorpio Tankers Inc.), Standard Ship Management Agreement (Scorpio Tankers Inc.)

Budgets and Management of Funds. 9.1 (a) The Managers shall present to the Owners annually a Managers’ Initial budget for the following twelve months in such form as the Owners require. The budget for the first year hereof is set out in Annex “C” hereto. Subsequent annual budgets shall be for twelve month periods and shall be prepared by the Managers and submitted presented to the Owners not less than one three months before the anniversary date end of the commencement of this Agreement (see Clause 2 and Box 4)budget year. 9.2 (b) The Owners shall indicate state to the Managers their acceptance and approval of the annual budget in a timely manner, but in any event within one month of presentation and in presentation, whether or not they agree to each proposed annual budget. If the absence Owners do not respond within one month of any such indication presentation, the Managers proposed annual budget shall be entitled deemed to assume that be accepted. The parties shall negotiate in good faith and if they fail to agree on the Owners have accepted annual budget, including the proposed budgetmanagement fee, either party may terminate this Agreement in accordance with Sub-clause 22(e). 9.3 (c) Following the agreement of the budget, the Managers shall prepare and present to the Owners their estimate of the working capital requirement of for the Vessel and the Managers shall each month up-date this estimate. Based thereon, the Managers shall each month request the Owners in writing for to pay the funds required to run the Vessel for the ensuing month, including the payment of any unbudgeted, contingency and occasional or extraordinary item of expenditure, such as emergency repair costs, additional insurance premiums, bunkers or provisions. Such funds shall be received by the Managers within ten running days after the receipt by the Owners of the Managers’ written request and shall be held to the credit of the Owners in a separate bank account. 9.4 (d) The Managers shall at all times maintain and keep true and correct accounts in respect of the Management Services in accordance with the relevant International Financial Reporting Standards or such other standard as the parties may agree, including records of all costs and expenditure incurred, and produce a comparison between budgeted and actual income and expenditure of the Vessel in such form and at such intervals as required shall be mutually agreed. The Managers shall make such accounts available for inspection and auditing by the Owners monthly and/or their representatives in the Managers’ offices or at such other intervals as mutually agreed. 9.5 Notwithstanding anything contained herein to the contraryby electronic means, the Managers shall in no circumstances be required to use or commit their own funds to finance the provision of the Management Services.provided reasonable notice is given by the

Appears in 1 contract

Samples: Master Agreement (Scorpio Tankers Inc.)

Budgets and Management of Funds. 9.1 (a) The Managers shall present to the Owners annually a Managers’ Initial budget for the following twelve months in such form as the Owners require. The budget for the first year hereof is set out in Annex “C” hereto. Subsequent annual budgets shall be for twelve month periods and shall be prepared by the Managers and submitted presented to the Owners not less than one three months before the anniversary date end of the commencement of this Agreement (see Clause 2 and Box 4)budget year. 9.2 (b) The Owners shall indicate state to the Managers their acceptance and approval of the annual budget in a timely manner, but in any event within one month of presentation and in presentation, whether or not they agree to each proposed annual budget. If the absence Owners do not respond within one month of any such indication presentation, the Managers proposed annual budget shall be entitled deemed to assume that be accepted. The parties shall negotiate in good faith and if they fail to agree on the Owners have accepted annual budget, including the proposed budgetmanagement fee, either party may terminate this Agreement in accordance with Sub-clause 22(e). 9.3 (c) Following the agreement of the budget, the Managers shall prepare and present to the Owners their estimate of the working capital requirement of for the Vessel and the Managers shall each month up-date this estimate. Based thereon, the Managers shall each month request the Owners in writing for to pay the funds required to run the Vessel for the ensuing month, including the payment of any unbudgeted, contingency and occasional or extraordinary item of expenditure, such as emergency repair costs, additional insurance premiums, bunkers or provisions. Such funds shall be received by the Managers within ten running days after the receipt by the Owners of the Managers’ written request and shall be held to the credit of the Owners in a separate bank account. 9.4 (d) The Managers shall at all times maintain and keep true and correct accounts in respect of the Management Services in accordance with the relevant International Financial Reporting Standards or such other standard as the parties may agree, including records of all costs and expenditure incurred, and produce a comparison between budgeted and actual income and expenditure of the Vessel in such form and at such intervals as required shall be mutually agreed. The Managers shall make such accounts available for inspection and auditing by the Owners monthly and/or their representatives in the Managers’ offices or at such other intervals as mutually agreedby electronic means, provided reasonable notice is given by the PART II XXXXXXX 2009 Standard ship management agreement Owners. 9.5 (e) Notwithstanding anything contained herein to the contraryherein, the Managers shall in no circumstances be required to use or commit their own funds to finance the provision of the Management Services.

Appears in 1 contract

Samples: Master Agreement

Budgets and Management of Funds. 9.1 The Managers shall present to the Owners annually a budget for the following twelve months in such form as the Owners require. The budget for the first year hereof is set out in Annex "C" hereto. Subsequent annual budgets shall be prepared by the Managers and submitted to the Owners not less than three months before the anniversary date of the commencement of this Agreement (see Clause 2 and Box 4). 9.2 The Owners shall indicate to the Managers their acceptance and approval of the annual budget within one (1) month of presentation and in the absence of any such indication the Managers shall be entitled to assume that the Owners have accepted the proposed budget. The Manager shall provide the Owners with prior notice of any unbudgeted expenditures in excess of US$500,000. 9.3 Following The Owners shall provide the agreement Managers with working capital in the amount of US$120,000 at least ten (10) running days prior to the budgetDelivery Date. Thereafter, the Managers shall may prepare and present to the Owners their from time to time a revised estimate of the working capital requirement of the Vessel and the Managers shall each month up-date this estimateVessel. Based thereon, the Managers shall each month may request in writing that the Owners in writing for pay directly, or provide the Manager with additional funds required to run the Vessel for the ensuing month, including cover the payment of of, any occasional or extraordinary item of expenditure, such as emergency repair costs, additional insurance premiums, bunkers or provisions. Such funds payments shall be received made, or funds paid by the Managers Owners to the Managers, within ten running days after the receipt by the Owners of the Managers' written request and in the case of payment of funds to the Manager shall be held to the credit credited in favour of the Owners in a separate bank accountthe accounting records maintained by the Managers with respect to the Owners. 9.4 The Managers shall produce a comparison between budgeted and actual income and expenditure of the Vessel in such form as is required by the Owners monthly or their designated representatives quarterly or at such other intervals as are mutually agreed. 9.5 Notwithstanding anything contained herein to the contrary, the Managers shall in no circumstances be required to use or commit their own funds to finance the provision of the Management Services.

Appears in 1 contract

Samples: Ship Management Agreement (Golden Energy Marine Corp.)

Budgets and Management of Funds. 9.1 The Managers shall present to the Owners annually a budget for the following twelve months calendar year in such form as the Owners require. The budget for the first year hereof is set out in Annex “C” hereto. Subsequent annual budgets shall be prepared by the Managers and submitted to the Owners not less than three one months before the 31st December of the running year anniversary date of the commencement of this Agreement (see Clause 2 and Box 4). 9.2 The Owners shall indicate to the Managers their acceptance and approval of the annual budget within one month of presentation and in the absence of any such indication the Managers shall be entitled to assume that the Owners have accepted the proposed budget. 9.3 Following the agreement of the budget, the Managers shall prepare and present to the Owners their estimate of the working capital requirement of the Vessel (i.e. on twelfth of the budget) and the Managers shall each month up-date xxxx this estimate. Based thereon, the Managers shall each Each month request the Owners in writing for the funds required to run the Vessel for the ensuing month, including the payment of any occasional or extraordinary item of expenditure, such as emergency repair costs, additional insurance premiums, bunkers or provisions. Such funds shall be received by the Managers within ten running days after the receipt by the Owners of the Managers’ written request and shall be held to the credit of the Owners in a separate bank account. 9.4 The Managers shall produce a comparison between budgeted and actual income and expenditure of the Vessel in such form as required or approved by the Owners monthly monthly, quarterly or at such other intervals as mutually agreed. 9.5 Notwithstanding anything contained herein to the contrary, the Managers shall in no circumstances be required to use or commit their own funds to finance the provision of the Management Services.

Appears in 1 contract

Samples: Shareholder Agreement (Exmar Energy Partners LP)

Budgets and Management of Funds. 9.1 The Managers shall present to the Owners annually a budget for the following twelve months in such form as the Owners require. The budget for the first year hereof is set out in Annex “C” hereto. Subsequent annual budgets shall be prepared by the Managers and submitted to the Owners not less than three months before the anniversary date of the commencement of this Agreement (see Clause 2 and Box 4). 9.2 The Owners shall indicate to the Managers their acceptance and approval of the annual budget within one month of presentation and in the absence of any such indication the Managers shall be entitled to assume that the Owners have accepted the proposed budget. 9.3 Following the agreement of the budget, the Managers shall prepare and present to the Owners their estimate of the working capital requirement of the Vessel and the Managers shall each month up-up date this estimate. Based thereon, the Managers shall each month request the Owners in writing for the funds required to run the Vessel for the ensuing month, including the payment of any occasional or extraordinary item of expenditure, such as emergency repair costs, additional insurance premiums, bunkers or provisions. Such funds shall be received by the Managers within ten running days after the receipt by the Owners of the Managers’ written request and shall be held to the credit of the Owners in a separate bank account. 9.4 The Managers shall produce a comparison between budgeted and actual income and expenditure of the Vessel in such form as required by the Owners monthly or at such other intervals as mutually agreed. 9.5 Notwithstanding anything contained herein to the contrary, the Managers shall in no circumstances be required to use or commit their own funds to finance the provision of the Management Services.

Appears in 1 contract

Samples: Standard Ship Management Agreement (Scorpio Tankers Inc.)

Budgets and Management of Funds. 9.1 The Managers shall present to the Owners annually a budget for the following twelve months in such form as the Owners requirecalendar year . The budget for the first year hereof is set out in Annex “C” hereto. Subsequent annual budgets shall be prepared by the Managers and submitted to the Owners not less than three months one month before the anniversary date 31st December of the commencement of this Agreement running year (see Clause 2 and Box 4). 9.2 The Owners shall indicate to the Managers their acceptance and approval of the annual budget within one month of presentation and in the absence of any such indication the Managers shall be entitled to assume that the Owners have accepted the proposed budget. 9.3 Following the agreement of the budget, the Managers shall prepare and present to the Owners their estimate of the working capital requirement of the Vessel (i.e. on twelfth of the budget) and the Managers shall each month up-date xxxx this estimate. Based thereon, the Managers shall each Each month request the Owners in writing for the funds required to run the Vessel for the ensuing month, including the payment of any occasional or extraordinary item of expenditure, such as emergency repair costs, additional insurance premiums, bunkers or provisions. Such funds shall be received by the Managers within ten running days after the receipt by the Owners of the Managers’ written request and shall be held to the credit of the Owners in a separate bank account. 9.4 The Managers shall produce a comparison between budgeted and actual income and expenditure of the Vessel in such form as required or approved by the Owners monthly monthly, quarterly or at such other intervals as mutually agreed. 9.5 Notwithstanding anything contained herein to the contrary, the Managers shall in no circumstances be required to use or commit their own funds to finance the provision of the Management Services.

Appears in 1 contract

Samples: Shareholders Agreement (Exmar Energy Partners LP)

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Budgets and Management of Funds. 9.1 The Managers shall present to the Owners annually a budget for the following twelve months in such form as the Owners require. The budget for the first year hereof is set out in Annex "C" hereto. Subsequent annual budgets shall be prepared by the Managers and submitted to the Owners not less than three months before the anniversary date of the commencement of this Agreement (see Clause 2 and Box 4)4)Managers will be preparing budgets in connection with, inter alia, the provision of the Management Services which the Managers will be submitting for as the Owners reasonably require. 9.2 The Owners shall indicate to the Managers their acceptance and approval of the annual budget within one month of presentation and in the absence of any such indication the Managers shall be entitled to assume that the Owners have accepted the proposed budget. 9.3 Following the agreement of the budget, the Managers shall prepare and present to the Owners their estimate of the working capital requirement of the Vessel and the Managers shall each month up-date update this estimate. Based thereon, the Managers shall each month request the Owners in writing for the funds required to run the Vessel for the ensuing month, including the payment of any occasional or extraordinary item of expenditure, such as emergency repair costs, additional insurance premiums, bunkers or provisions. Such funds shall be received by the Managers within ten running days after the receipt by the Owners of the Managers' written request and shall be held to the credit of the Owners in a separate bank accountaccount in the name of the Managers or, if requested by the Managers, in the name of the Owners. 9.4 The Managers shall produce a comparison between budgeted and actual income and expenditure of the Vessel in such form as required by the Owners monthly or at such other intervals as mutually agreed. 9.5 Notwithstanding anything contained herein to the contrary, the Managers shall in no circumstances be required to use or commit their own funds to finance the provision of the Management Services.

Appears in 1 contract

Samples: Ship Management Agreement (Dynagas LNG Partners LP)

Budgets and Management of Funds. 9.1 9.1. The Managers shall present to the Owners annually a budget for the following twelve months in such form as the Owners require. The budget for the first year hereof is set out in Annex "C" hereto. Subsequent annual budgets shall be prepared by the Managers and submitted to the Owners not less than three months before the anniversary date of the commencement of this Agreement (see Clause 2 and Box 4). 9.2 9.2. The Owners shall indicate to the Managers their acceptance and approval of the annual budget within one month of presentation and in the absence of any such indication the Managers shall be entitled to assume that the Owners have accepted the proposed said budget. 9.3 9.3. Following the agreement of the budget, the Managers shall prepare and present to the Owners their estimate of the working capital requirement of the Vessel and the Managers shall each month up-date this estimate. Based thereon, the Managers shall each month request the Owners in writing for the funds Funds required to run the Vessel for the ensuing month, including the payment of any occasional or extraordinary item of expenditure, such as emergency repair costs, additional insurance premiums, bunkers or provisions. Such funds Funds shall be received by the Managers within ten running days after the receipt by the Owners of the Managers’ written request and shall be held to the credit of the Owners in a separate bank account. 9.4 9.4. The Managers shall produce a comparison between budgeted and actual income and expenditure of the Vessel in such form as required by the Owners monthly or at such other intervals as mutually agreed. 9.5 9.5. Notwithstanding anything contained herein to the contrary, the Managers shall in no circumstances be required to use or commit their own funds to finance the provision of the Management Services.

Appears in 1 contract

Samples: Standard Ship Management Agreement

Budgets and Management of Funds. 9.1 The Managers shall present to the Owners annually (on a calendar year basis) a budget for the following twelve months in such form as together with their estimate of the Owners requiremonthly working capital requirement of the Vessel. Such presentation to be made by 1st December of the preceding year. The budget for the first year hereof is set out in Annex ‘‘C’’ hereto. Subsequent annual budgets shall be prepared by the Managers on a calendar year basis and submitted to the Owners not less than three months before the anniversary date of the commencement of this Agreement as above. (see Clause 2 and Box 4). The Owners will remit for credit to the Managers designated bank account the applicable working capital amount the latest 3 working days prior to the commencement of the month for which the amount applies. 9.2 The Owners shall indicate to the Managers their acceptance and approval of the annual budget within one month 14 days of presentation and in the absence of any such indication indication, the Managers shall be entitled to assume that the Owners have accepted the proposed budget. 9.3 Following the agreement of the budget, As and when necessary the Managers shall prepare and present to the Owners their estimate of the working capital requirement of the Vessel and the Managers shall each month up-date this estimate. Based thereon, the Managers shall each month request the Owners in writing for the any additional funds required to run the Vessel for the ensuing month, including the payment of any occasional or extraordinary item of expenditure, such as emergency repair costs, additional insurance premiums, bunkers or provisions. Such funds shall be received by the Managers within ten running five working days after the receipt by the Owners of the Managers’ written request unless the extraordinary nature of the expense requires quicker payment, as requested by the Managers and shall be held to the credit of the Owners in a separate bank account. 9.4 The Managers shall produce a comparison between budgeted and actual income and expenditure of the Vessel in such form as required by semi-annually within 45 days of the Owners monthly or at such other intervals as mutually agreedend of the reporting period. 9.5 Notwithstanding anything contained herein to the contrary, the Managers shall in no circumstances be required to use or commit their own funds to finance the provision of the Management ServicesServices and the performance of the Managers under this Agreement in general.

Appears in 1 contract

Samples: Shipmanagement Agreement (Pyxis Tankers Inc.)

Budgets and Management of Funds. 9.1 The Managers shall present to the Owners annually a budget for the following twelve months in such form as the Owners require. The budget for the first year hereof is set out in Annex “C” hereto. Subsequent annual budgets shall be prepared by the Managers and submitted to the Owners not less than three months before the anniversary date of the commencement of this Agreement (see Clause 2 ? and Box 4). 9.2 The Owners shall indicate to the Managers their acceptance and approval of the annual budget within one month of presentation and in the absence of any such indication the Managers shall be entitled to assume that the Owners have accepted the proposed budget. 9.3 Following the agreement of the budget, the Managers shall prepare and present to the Owners their estimate of the working capital requirement of the Vessel and the Managers shall each month up-date this estimate. Based thereon, the Managers shall each month request the Owners in writing for the funds required to run the Vessel for the ensuing ongoing month, including the payment of any occasional or extraordinary item of expenditure, such as emergency repair costs, additional insurance premiums, bunkers [ILLEGIBLE] or provisions. Such funds shall be received by the Managers within ten running days after the receipt by the Owners of the Managers’ written request and shall be held to the credit of the Owners in a separate bank account. 9.4 The Managers shall produce a comparison between budgeted and actual income and expenditure of the Vessel in such form as required by the Owners monthly or at such other intervals as mutually agreed. 9.5 Notwithstanding anything contained herein to the contrary, the Managers shall in no circumstances be required to use or of commit their own funds to finance the provision of the Management Services.

Appears in 1 contract

Samples: Standard Ship Management Agreement (Ship Finance International LTD)

Budgets and Management of Funds. 9.1 The Managers shall present to the Owners annually a budget for the following twelve months in such form as the Owners require. The budget for the first year hereof is set out in Annex “C” hereto. Subsequent annual budgets shall be prepared by the Managers and submitted to the Owners by 15 November each year not less than three months before the anniversary date of the commencement of this Agreement (see Clause 2 and Box 4). 9.2 The Owners shall indicate to the Managers their acceptance and approval of the annual budget within one month of presentation and in the absence of any such indication the Managers shall be entitled to assume that the Owners have accepted the proposed budget. 9.3 Following the agreement of the budget, the Managers shall prepare and present to the Owners their estimate of the working capital requirement of the Vessel and the Managers shall each month up-date update this estimate. Based thereon, the Managers shall each month request the Owners in writing for the funds required to run the Vessel for the ensuing month, including the payment of any occasional or extraordinary item of expenditure, such as emergency repair costs, additional insurance premiums, bunkers or provisions. , Such funds shall be received by the Managers within ten running days after the receipt by the Owners of the Managers’ written request and shall be held to the credit of the Owners in a separate bank account. 9.4 The Managers shall produce a comparison between budgeted and actual income and expenditure of the Vessel Vessel, in such form as required by the Owners Owners, monthly or at such other intervals as mutually agreed. 9.5 Notwithstanding anything contained herein to the contrary, the Managers shall in no circumstances be required to use or commit their own funds to finance the provision of the Management Services.

Appears in 1 contract

Samples: Ship Management Agreement (KNOT Offshore Partners LP)

Budgets and Management of Funds. 9.1 The Managers shall present to the Owners annually a budget for the following twelve months in such form as the Owners require. The budget for the first year hereof is set out in Annex “C” hereto. Subsequent annual budgets shall be prepared by the Managers and submitted to the Owners not less than that three months one month before the anniversary date of the commencement of this Agreement (see Clause 2 and Box 4). 9.2 The Owners shall indicate Indicate to the Managers their acceptance and approval of the annual budget within one month of presentation and in the absence of any such indication the Managers shall be entitled to assume that the Owners have accepted the proposed budget. 9.3 Following the agreement of the budget, the Managers shall prepare and present to the Owners their estimate of the working capital requirement of the Vessel and the Managers shall each month up-date this estimate. Based thereon, the Managers shall each month request the Owners in writing for the funds required to run the Vessel for the ensuing month, including the payment of any occasional or extraordinary item of expenditure, such as emergency repair costs, additional insurance premiums, bunkers or provisions. Such funds shall be received by the Managers within ten running days after the receipt by the Owners of the Managers’ written request and shall be held to the credit of the Owners in a separate bank account. 9.4 The Managers shall produce a comparison between budgeted and actual income and expenditure of the Vessel in such form as required by the Owners monthly on a quarterly basis or at such other intervals as mutually agreed. 9.5 Notwithstanding anything contained herein to the contrary, the Managers shall in no circumstances be required to use or commit their own funds to finance the provision of the Management Services.

Appears in 1 contract

Samples: Standard Ship Management Agreement (Scorpio Tankers Inc.)

Budgets and Management of Funds. 9.1 (a) The Managers shall present to the Owners annually a Managers’ initial budget for the following twelve months in such form (including predelivery costs and expenses, as the Owners require. The budget for the first year hereof applicable) is set out in Annex “C” hereto. Subsequent annual budgets shall be for twelve (12) month periods and shall be prepared by the Managers and submitted presented to the Owners not less than three (3) months before the anniversary date end of the commencement budget year. (b) The Owners shall state to the Managers in a timely manner, but in any event within one (1) month of presentation, whether or not they agree to each proposed annual budget. The Parties shall negotiate in good faith and if they fail to agree on the annual budget, including the annual management fee, either Party may terminate this Agreement (see Clause 2 and Box 4in accordance with subclause 31(e). 9.2 The Owners shall indicate to the Managers their acceptance and approval of the annual budget within one month of presentation and in the absence of any such indication the Managers shall be entitled to assume that the Owners have accepted the proposed budget. 9.3 (c) Following the agreement of the budget, the Managers shall prepare and present to the Owners their estimate of the working capital requirement of for the Vessel and the Managers shall each month up-date this estimate. Based thereon, the Managers shall each month request the Owners in writing for to pay the funds required to run the Vessel for the ensuing month, including the payment of any occasional or extraordinary item of expenditure, such as emergency repair costs, additional insurance premiums, bunkers or provisions. Such funds shall be received by the Managers within ten (10) running days after the receipt by the Owners of the Managers’ written request and shall be held to the credit of the Owners in a separate the nominated bank account.account stated in Box 9.4 (d) The Managers shall at all times maintain and keep true and correct accounts in respect of the Management Services in accordance with the relevant International Financial Reporting Standards or such other standard as the Parties may agree, including records of all costs and expenditure incurred, and produce a comparison between budgeted and actual income and expenditure of the Vessel in such form and at such intervals as required shall be mutually agreed. The Managers shall make such accounts available for inspection and auditing by the Owners monthly and/or their representatives in the Managers’ offices or at such other intervals as mutually agreedby electronic means, provided reasonable notice is given by the Owners. 9.5 (e) Notwithstanding anything contained herein to the contraryherein, the Managers shall in no circumstances be required to use or commit their own funds to finance the provision of the Management Services.

Appears in 1 contract

Samples: Vessel Management Agreement

Budgets and Management of Funds. 9.1 The Managers shall present to the Owners annually a budget for the following twelve months in such form as the Owners require. The budget for the first year hereof is set out in Annex “C” hereto. Subsequent annual budgets shall be prepared by the Managers and submitted to the Owners not less than three two months before the anniversary date of the commencement of this Agreement (see Clause 2 and Box 4). 9.2 The Owners shall indicate to the Managers their acceptance and approval of the annual budget within one month of presentation and in the absence of any such indication the Managers shall be entitled to assume that the Owners have accepted the proposed budget. 9.3 Following the agreement of the budget, the Managers shall prepare and present to the Owners their estimate of the working capital requirement of the Vessel and the Managers shall each month up-date this estimate. Based thereon, the Managers shall each month request the Owners in writing for the funds required to run the Vessel for the ensuing month, including the payment of any occasional or extraordinary item of expenditure, such as emergency repair costs, additional insurance premiums, bunkers or provisions. Such funds shall be received by the Managers within ten (10) running days after the receipt by the Owners of the Managers’ written request and shall be held to the credit of the Owners Owners’ in a separate bank account. 9.4 The Managers shall produce a comparison between budgeted and actual income and expenditure of the Vessel in such form as required by the Owners on a monthly and YTD basis or at such other intervals as mutually agreed. 9.5 Notwithstanding anything contained herein to the contrary, the Managers shall in no circumstances be required to use or commit their own funds to finance the provision of the Management Services.

Appears in 1 contract

Samples: Standard Ship Management Agreement (Oceanfreight Inc.)

Budgets and Management of Funds. 9.1 The Managers shall present to the Owners annually a budget for the following twelve months in such form as agreed between the Owners requireand the Managers. The budget for the first year hereof is set out in Annex “C” hereto. Subsequent annual budgets shall be prepared by the Managers and submitted to the Owners not less than three months before the anniversary date of the commencement of this Agreement (see Clause 2 and Box 4). 9.2 The Owners shall indicate to the Managers their acceptance and approval of the annual budget within one month of presentation and in the absence of any such indication the Managers shall be entitled to assume that the Owners have accepted the proposed budget. 9.3 Following the agreement of the budget, the Managers shall prepare and present to the Owners their estimate of the working capital requirement of the Vessel and the Managers shall each month up-date this estimate. Based thereon, the Managers shall each month request the Owners in writing for the funds required to run the Vessel for the ensuing month, including the payment of any occasional or extraordinary item of expenditure, such as emergency repair costs, additional insurance premiums, bunkers lubricating oils and greases or provisions. Such funds shall be received by the Managers within ten running days after the receipt by the Owners of the Managers’ written request and shall be held to the credit of the Owners in a separate bank account. 9.4 The Managers shall produce and maintain true and correct budgets and accounts for the management of the Vessel, and will produce a comparison between budgeted and actual income and expenditure of the Vessel in such form as required by agreed between Managers and Owners. Such budgets and accounts will always be available to the Owners monthly or at such other intervals as mutually agreedfor inspection and auditing, provided reasonable notice is given by Owners. 9.5 Notwithstanding anything contained herein to the contrary, the Managers shall in no circumstances be required to use or commit their own funds to finance the provision of the Management Services.

Appears in 1 contract

Samples: Ship Management Agreement (DHT Maritime, Inc.)

Budgets and Management of Funds. 9.1 The Managers shall present to the Owners annually a budget for the following twelve months in such form as the Owners require. The budget for the first year hereof is set out in Annex “C” hereto. Subsequent annual budgets shall be prepared by the Managers and submitted to the Owners not less than three months before the anniversary date of the commencement of this Agreement (see Clause 2 and Box 4). 9.2 The Owners shall indicate to the Managers their acceptance and approval of the annual budget within one month of presentation and in the absence of any such indication the Managers shall be entitled to assume that the Owners have accepted the proposed budget. 9.3 Following the agreement of the budget, the Managers shall prepare and present to the Owners their estimate of the working capital requirement of the Vessel and the Managers shall each month up-up date this their estimate. Based thereon, the Managers shall each month request the Owners in writing for the funds required to run the Vessel for the ensuing month, including the payment of any occasional or extraordinary item of expenditure, such as emergency repair costs, additional insurance premiums, bunkers or provisions. Such funds shall be received by the Managers within ten running days after the receipt by the Owners of the Managers’ written request and shall be held to the credit of the Owners in a separate bank account. 9.4 The Managers shall produce a comparison between budgeted and actual income and expenditure of the Vessel in such form as required by the Owners monthly or at such other intervals as mutually agreed. 9.5 Notwithstanding anything contained herein to the contrary, the Managers shall in no circumstances be required to use or commit their own funds to finance the provision of the Management Services.

Appears in 1 contract

Samples: Standard Ship Management Agreement (Scorpio Tankers Inc.)

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