Common use of Classification Society instructions and undertaking Clause in Contracts

Classification Society instructions and undertaking. Each Borrower shall instruct the Classification Society referred to in Clause 14.3(b) and procure that the Classification Society undertakes with the Security Trustee: (a) to send to the Security Trustee, following receipt of a written request from the Security Trustee, certified true copies of all original class records held by the Classification Society in relation to that Borrower’s Ship; (b) to allow the Security Trustee (or its agents), at any time and from time to time, to inspect the original class and related records of that Borrower and the Ship owned by it either (i) electronically (through the Classification Society directly or by way of indirect access via the Borrowers’ account manager and designating the Security Trustee as a user or administrator of the system under its account) or (ii) in person at the offices of the Classification Society, and to take copies of them electronically or otherwise; (c) to notify the Security Trustee immediately by Email to nxxx.xxxxxxxxxx@xxxxxxx.xxx and txxxxxx@xxxxxxx.xxx if the Classification Society: (i) receives notification from that Borrower or any other person that such Ship’s Classification Society is to be changed; (ii) imposes a condition of class or issues a class recommendation in respect of that Ship; or (iii) becomes aware of any facts or matters which may result in or have resulted in a change, suspension, discontinuance, withdrawal or expiry of that Ship’s class under the rules or terms and conditions of that Borrower’s or that Ship’s membership of the Classification Society; (d) following receipt of a written request from the Security Trustee: (i) to confirm that such Borrower is not in default of any of its contractual obligations or liabilities to the Classification Society and, without limiting the foregoing, that it has paid in full all fees or other charges due and payable to the Classification Society; or (ii) if that Borrower is in default of any of its contractual obligations or liabilities to the Classification Society, to specify to the Security Trustee in reasonable detail the facts and circumstances of such default, the consequences of such default, and any remedy period agreed or allowed by the Classification Society.

Classification Society instructions and undertaking. Each Borrower shall instruct the Classification Society referred to in Clause 14.3(b) (and procure that the Classification Society undertakes with the Security Trustee:): (a) to send to the Security Trustee, following receipt of a written request from the Security Trustee, certified true copies of all original class records held by the Classification Society in relation to that Borrower’s Ship; (b) to allow the Security Trustee (or its agents), at any time and from time to time, to inspect the original class and related records of that Borrower and the Ship owned by it either (i) electronically (through the Classification Society directly or by way of indirect access via the Borrowers’ such Borrower’s account manager and designating the Security Trustee as a user or administrator of the system under its account) or (ii) in person at the offices of the Classification Society, and to take copies of them electronically or otherwise; (c) to notify the Security Trustee immediately in writing and by Email to at nxxx.xxxxxxxxxx@xxxxxxx.xxx and at txxxxxx@xxxxxxx.xxx if the Classification Society: (i) receives notification from that Borrower or any other person that such that Ship’s Classification Society is to be changed; (ii) imposes a condition of class or issues a class recommendation in respect of that Ship; or (iiiii) becomes aware of any facts or matters which may result in or have resulted in a condition of class or a recommendation, or a change, suspension, discontinuance, withdrawal or expiry of that Ship’s class under the rules or terms and conditions of that Borrower’s or that Ship’s membership of the Classification Society; (d) following receipt of a written request from the Security Trustee: (i) to confirm that such that Borrower is not in default of any of its contractual obligations or liabilities to the Classification Society and, without limiting the foregoing, that it has paid in full all fees or other charges due and payable to the Classification Society; or (ii) if that Borrower is in default of any of its contractual obligations or liabilities to the Classification Society, to specify to the Security Trustee in reasonable detail the facts and circumstances of such default, the consequences of such default, and any remedy period agreed or allowed by the Classification Society.

Classification Society instructions and undertaking. Each Borrower Owner Guarantor shall instruct the Classification Society referred to in Clause 14.3(b) (and use commercially reasonable efforts to procure that the Classification Society undertakes with the Security Trustee) as follows, or provide another instruction to the Classification Society on such Classification Society’s standard form and in a form acceptable to the Agent: (a) to send to the Security Trustee, following receipt of a written request from the Security Trustee, certified true copies of all original class records held by the Classification Society in relation to that BorrowerOwner Guarantor’s ShipVessel; (b) to allow the Security Trustee (or its agents), at any time and from time to time, to inspect the original class and related records of that Borrower Owner Guarantor and the Ship Vessel owned by it either (i) electronically (through the Classification Society directly or by way of indirect access via the Borrowers’ Borrower’s account manager and designating the Security Trustee as a user or administrator of the system under its account) or (ii) in person at the offices of the Classification Society, and to take copies of them electronically or otherwise; (c) to notify the Security Trustee immediately by Email to nxxx.xxxxxxxxxx@xxxxxxx.xxx and txxxxxx@xxxxxxx.xxx in writing if the Classification Society: (i) receives notification from that Borrower Owner Guarantor or any other person that such Shipthat Xxxxxx’s Classification Society is to be changed; (ii) imposes a condition of class or issues a class recommendation in respect of that Ship; or (iiiii) becomes aware of any facts or matters which may result in or have resulted in a condition of class or a recommendation, or a change, suspension, discontinuance, withdrawal or expiry of that ShipXxxxxx’s class under the rules or terms and conditions of that BorrowerOwner Guarantor’s or that ShipXxxxxx’s membership of the Classification Society; (d) following receipt of a written request from the Security Trustee: (i) to confirm that such Borrower that Owner Guarantor is not in default of any of its contractual obligations or liabilities to the Classification Society and, without limiting the foregoing, that it has paid in full all fees or other charges due and payable to the Classification Society; or (ii) if that Borrower Owner Guarantor is in default of any of its contractual obligations or liabilities to the Classification Society, to specify to the Security Trustee in reasonable detail the facts and circumstances of such default, the consequences of such default, and any remedy period agreed or allowed by the Classification Society.

Classification Society instructions and undertaking. Each The Borrower shall instruct the Classification Society referred through a letter sent by the Borrower to the Classification Society in Clause 14.3(b) the form attached hereto as Exhibit H-1 (and procure that the Classification Society undertakes with the Security Trustee:Trustee through a letter in the form attached hereto as Exhibit H-2): (ai) to send to the Security Trustee, following receipt of a written request from the Security Trustee, certified true copies of all original class records held by the Classification Society in relation to that Borrower’s Shipthe Vessel; (bii) to allow the Security Trustee (or its agents), at any time and from time to time, to inspect the original class and class, related records and other information of that the Borrower and the Ship owned by it Vessel either (i) electronically (through the Classification Society directly or by way of indirect access via the Borrowers’ Borrower's account manager and designating the Security Trustee as a user or administrator of the system under its account) or (ii) in person at the offices of the Classification Society, and to take copies of them electronically or otherwise; (ciii) to notify the Security Trustee immediately in writing and by Email to nxxx.xxxxxxxxxx@xxxxxxx.xxx and at txxxxxx@xxxxxxx.xxx if the Classification Society: (i1) receives notification from that the Borrower or any other person that such Ship’s the Vessel's Classification Society is to be changed; (ii) imposes a condition of class or issues a class recommendation in respect of that Ship; or (iii2) becomes aware of any facts or matters which may result in or have resulted in a condition of class or a recommendation, or a change, suspension, discontinuance, withdrawal or expiry of that Ship’s the Vessel's class under the rules or terms and conditions of that the Borrower’s 's or that Ship’s the Vessel's membership of the Classification Society; (div) following receipt of a written request from the Security Trustee: (i1) to confirm that such the Borrower is not in default of any of its contractual obligations or liabilities to the Classification Society and, without limiting the foregoing, that it has paid in full all fees or other charges due and payable to the Classification Society; or (ii2) if that the Borrower is in default of any of its contractual obligations or liabilities to the Classification Society, to specify to the Security Trustee in reasonable detail the facts and circumstances of such default, the consequences of such default, and any remedy period agreed or allowed by the Classification Society.; or (3) to provide any other information reasonably requested;

Classification Society instructions and undertaking. Each Borrower shall instruct the Classification Society referred to in Clause 14.3(b) and procure that the Classification Society undertakes with the Security Trustee: (a) to send to the Security Trustee, following receipt of a written request from the Security Trustee, certified true copies of all original class records held by the Classification Society in relation to that Borrower’s each Ship; (b) to allow the Security Trustee (or its agents), at any time and from time to time, to inspect the original class and related records of that Borrower and the Ship owned by it either (i) electronically (through the Classification Society directly or by way of indirect access via the Borrowers’ account manager and designating the Security Trustee as a user or administrator of the system under its account) or (ii) in person at the offices of the Classification Society, and to take copies of them electronically or otherwise; (c) to notify the Security Trustee immediately by Email to nxxx.xxxxxxxxxx@xxxxxxx.xxx Xxx-Xxxxxx Xxxxxxxxxxxxxxx (Xxxxxxxx@xxxx.xxx) and txxxxxx@xxxxxxx.xxx Dolf Rijnberg (Xxxx.Xxxxxxxx@xxxx.xxx) if the Classification Society: (i) receives notification from that Borrower or any other person that such Ship’s Classification Society is to be changed; (ii) imposes a condition of class or issues a class recommendation in respect of that Ship; or (iii) becomes aware of any facts or matters which may result in or have resulted in a change, suspension, discontinuance, withdrawal or expiry of that Ship’s class under the rules or terms and conditions of that BorrowerXxxxxxxx’s or that the Ship’s membership of the Classification Society; (d) following receipt of a written request from the Security Trustee: (i) to confirm that such Borrower is not in default of any of its contractual obligations or liabilities to the Classification Society and, without limiting the foregoing, that it has paid in full all fees or other charges due and payable to the Classification Society; or (ii) if that Borrower is in default of any of its contractual obligations or liabilities to the Classification Society, to specify to the Security Trustee in reasonable detail the facts and circumstances of such default, the consequences of such default, and any remedy period agreed or allowed by the Classification Society.

Classification Society instructions and undertaking. Each The Borrower shall instruct the Classification Society referred to in Clause 14.3(b) and procure that the Classification Society undertakes with the Security Trustee: (a) to send to the Security Trustee, following receipt of a written request from the Security Trustee, certified true copies of all original class records held by the Classification Society in relation to that Borrower’s the Ship; (b) to allow the Security Trustee (or its agents), at any time and from time to time, to inspect the original class and related records of that the Borrower and the Ship owned by it either (i) electronically (through the Classification Society directly or by way of indirect access via the Borrowers’ Borrower’s account manager and designating the Security Trustee as a user or administrator of the system under its account) or (ii) in person at the offices of the Classification Society, and to take copies of them electronically or otherwise; (c) to notify the Security Trustee immediately by Email to nxxx.xxxxxxxxxx@xxxxxxx.xxx Jan-Xxxxxx Xxxxxxxxxxxxxxx (Xxx-Xxxxxx.Schellingerhout@xxxx.xxx) and txxxxxx@xxxxxxx.xxx Anneke van der Spek (Xxxxxx.xxx.xxx.Xxxx@xxxx.xxx) if the Classification Society: (i) receives notification from that the Borrower or any other person that such the Ship’s Classification Society is to be changed; (ii) imposes a condition of class or issues a class recommendation in respect of that the Ship; or or (iii) becomes aware of any facts or matters which may result in or have resulted in a change, suspension, discontinuance, withdrawal or expiry of that the Ship’s class under the rules or terms and conditions of that the Borrower’s or that the Ship’s membership of the Classification Society; (d) following receipt of a written request from the Security Trustee: (i) to confirm that such the Borrower is not in default of any of its contractual obligations or liabilities to the Classification Society and, without limiting the foregoing, that it has paid in full all fees or other charges due and payable to the Classification Society; or (ii) if that the Borrower is in default of any of its contractual obligations or liabilities to the Classification Society, to specify to the Security Trustee in reasonable detail the facts and circumstances of such default, the consequences of such default, and any remedy period agreed or allowed by the Classification Society.

Classification Society instructions and undertaking. Each Borrower Guarantor shall instruct the Classification Society referred to in Clause 14.3(b) (and procure that the Classification Society undertakes with the Security Trustee:, at the written direction of the Majority Lenders): (a) to send to the Security Trustee, following receipt of a written request from the Security TrusteeTrustee (following the written direction of the Majority Lenders), certified true copies of all original class records held by the Classification Society in relation to that BorrowerGuarantor’s Ship; (b) to allow the Security Trustee (or its agentsdesignee), at any time and from time to time, to inspect the original class and related records of that Borrower Guarantor and the Ship owned by it either (i) electronically (through the Classification Society directly or by way of indirect access via the Borrowers’ Borrower’s account manager and designating the Security Trustee (or its designee) as a user or administrator of the system under its account) or (ii) in person at the offices of the Classification Society, and to take copies of them electronically or otherwise, in each case following the written direction of the Majority Lenders; (c) to notify the Security Trustee immediately by Email to nxxx.xxxxxxxxxx@xxxxxxx.xxx and txxxxxx@xxxxxxx.xxx in writing if the Classification Society: (i) receives notification from that Borrower Guarantor or any other person that such that Ship’s Classification Society is to be changed; (ii) imposes a condition of class or issues a class recommendation in respect of that Ship; or (iiiii) becomes aware of any facts or matters which may result in or have resulted in a condition of class or a recommendation, or a change, suspension, discontinuance, withdrawal or expiry of that Ship’s class under the rules or terms and conditions of that BorrowerGuarantor’s or that Ship’s membership of the Classification Society; (d) following receipt of a written request from the Security Trustee, at the written direction of the Majority Lenders: (i) to confirm that such Borrower that Guarantor is not in default of any of its contractual obligations or liabilities to the Classification Society and, without limiting the foregoing, that it has paid in full all fees or other charges due and payable to the Classification Society; or (ii) if that Borrower Guarantor is in default of any of its contractual obligations or liabilities to the Classification Society, to specify to the Security Trustee in reasonable detail the facts and circumstances of such default, the consequences of such default, and any remedy period agreed or allowed by the Classification Society.

Classification Society instructions and undertaking. Each Borrower Guarantor shall instruct the Classification Society referred to in Clause 14.3(b) (and procure that the Classification Society undertakes with the Security Trustee:): (a) to send to the Security Trustee, following receipt of a written request from the Security Trustee, certified true copies of all original class records held by the Classification Society in relation to that BorrowerGuarantor’s Ship; (b) to allow the Security Trustee (or its agents), at any time and from time to time, to inspect the original class and related records of that Borrower Guarantor and the Ship owned by it either (i) electronically (through the Classification Society directly or by way of indirect access via the Borrowers’ Borrower’s account manager and designating the Security Trustee as a user or administrator of the system under its account) or (ii) in person at the offices of the Classification Society, and to take copies of them electronically or otherwise; (c) to notify the Security Trustee immediately by Email to nxxx.xxxxxxxxxx@xxxxxxx.xxx and txxxxxx@xxxxxxx.xxx in writing if the Classification Society: (i) receives notification from that Borrower Guarantor or any other person that such that Ship’s Classification Society is to be changed; (ii) imposes a condition of class or issues a class recommendation in respect of that Ship; or (iiiii) becomes aware of any facts or matters which may result in or have resulted in a condition of class or a recommendation, or a change, suspension, discontinuance, withdrawal or expiry of that Ship’s class under the rules or terms and conditions of that BorrowerGuarantor’s or that Ship’s membership of the Classification Society; (d) following receipt of a written request from the Security Trustee: (i) to confirm that such Borrower that Guarantor is not in default of any of its contractual obligations or liabilities to the Classification Society and, without limiting the foregoing, that it has paid in full all fees or other charges due and payable to the Classification Society; or (ii) if that Borrower Guarantor is in default of any of its contractual obligations or liabilities to the Classification Society, to specify to the Security Trustee in reasonable detail the facts and circumstances of such default, the consequences of such default, and any remedy period agreed or allowed by the Classification Society.

Classification Society instructions and undertaking. Each The Borrower shall instruct the Classification Society referred through a letter sent by the Borrower to the Classification Society in Clause 14.3(b) the form attached hereto as Exhibit H-1 (and procure that the Classification Society undertakes with the Security Trustee:Trustee through a letter in the form attached hereto as Exhibit H-2): (ai) to send to the Security Trustee, following receipt of a written request from the Security Trustee, certified true copies of all original class records held by the Classification Society in relation to that Borrower’s Shipthe Vessel (and, upon the consummation of the Borrower Restructuring, the GREEN BAY); (bii) to allow the Security Trustee (or its agents), at any time and from time to time, to inspect the original class and class, related records and other information of that the Borrower and the Ship owned by it Vessel (and, upon the consummation of the Borrower Restructuring, the GREEN BAY) either (i) electronically (through the Classification Society directly or by way of indirect access via the Borrowers’ Borrower’s account manager and designating the Security Trustee as a user or administrator of the system under its account) or (ii) in person at the offices of the Classification Society, and to take copies of them electronically or otherwise; (ciii) to notify the Security Trustee immediately in writing and by Email to nxxx.xxxxxxxxxx@xxxxxxx.xxx and txxxxxx@xxxxxxx.xxx at xxxxxxx@xxxxxxx.xxx if the Classification Society: (i1) receives notification from that the Borrower or any other person that such Ship’s the Classification Society of the Vessel (or, upon the consummation of the Borrower Restructuring, the GREEN BAY) is to be changed; (ii) imposes a condition of class or issues a class recommendation in respect of that Ship; or (iii2) becomes aware of any facts or matters which may result in or have resulted in a condition of class or a recommendation, or a change, suspension, discontinuance, withdrawal or expiry of that Ship’s the class of the Vessel (or, upon the consummation of the Borrower Restructuring, the GREEN BAY) under the rules or terms and conditions of that the Borrower’s or that Shipthe relevant vessel’s membership of the Classification Society; (div) following receipt of a written request from the Security Trustee: (i1) to confirm that such the Borrower is not in default of any of its contractual obligations or liabilities to the Classification Society and, without limiting the foregoing, that it has paid in full all fees or other charges due and payable to the Classification Society; or (ii2) if that the Borrower is in default of any of its contractual obligations or liabilities to the Classification Society, to specify to the Security Trustee in reasonable detail the facts and circumstances of such default, the consequences of such default, and any remedy period agreed or allowed by the Classification Society.; or (3) to provide any other information reasonably requested;

Classification Society instructions and undertaking. Each Borrower shall instruct the Classification Society referred to in Clause 14.3(b) and procure that the Classification Society undertakes with the Security Trustee: (a) to send to the Security Trustee, following receipt of a written request from the Security Trustee, certified true copies of all original class records held by the Classification Society in relation to that Borrower’s each Ship; (b) to allow the Security Trustee (or its agents), at any time and from time to time, to inspect the original class and related records of that Borrower and the Ship owned by it either (i) electronically (through the Classification Society directly or by way of indirect access via the Borrowers’ account manager and designating the Security Trustee as a user or administrator of the system under its account) or (ii) in person at the offices of the Classification Society, and to take copies of them electronically or otherwise; (c) to notify the Security Trustee immediately by Email to nxxx.xxxxxxxxxx@xxxxxxx.xxx Jan-Xxxxxx Xxxxxxxxxxxxxxx (Xxx-Xxxxxx.Schellingerhout@xxxx.xxx) and txxxxxx@xxxxxxx.xxx Xxxxxx Xxxxxxxxx (Xxxxxx.Xxxxxxxxx@xxxx.xxx) if the Classification Society: (i) receives notification from that Borrower or any other person that such Ship’s Classification Society is to be changed; (ii) imposes a condition of class or issues a class recommendation in respect of that Ship; or (iii) becomes aware of any facts or matters which may result in or have resulted in a change, suspension, discontinuance, withdrawal or expiry of that Ship’s class under the rules or terms and conditions of that Borrower’s or that the Ship’s membership of the Classification Society; (d) following receipt of a written request from the Security Trustee: (i) to confirm that such Borrower is not in default of any of its contractual obligations or liabilities to the Classification Society and, without limiting the foregoing, that it has paid in full all fees or other charges due and payable to the Classification Society; or (ii) if that Borrower is in default of any of its contractual obligations or liabilities to the Classification Society, to specify to the Security Trustee in reasonable detail the facts and circumstances of such default, the consequences of such default, and any remedy period agreed or allowed by the Classification Society.

Classification Society instructions and undertaking. Each Borrower shall instruct the Classification Society referred to in Clause 14.3(b) and procure that the Classification Society undertakes with the Security Trustee: (a) to send to the Security Trustee, following receipt of a written request from the Security Trustee, certified true copies of all original class records held by the Classification Society in relation to that Borrower’s Ship; (b) to allow the Security Trustee (or its agents), at any time and from time to time, to inspect the original class and related records of that Borrower and the Ship owned by it either (i) electronically (through the Classification Society directly or by way of indirect access via the Borrowers’ account manager and designating the Security Trustee as a user or administrator of the system under its account) or (ii) in person at the offices of the Classification Society, and to take copies of them electronically or otherwise; (c) to notify the Security Trustee immediately by Email to nxxx.xxxxxxxxxx@xxxxxxx.xxx and txxxxxx@xxxxxxx.xxx if nexx.xxxxxxxxxx@xxxxxxx.xxx xnd texxxxx@xxxxxxx.xxx xf the Classification Society: (i) receives notification from that Borrower or any other person that such Ship’s Classification Society is to be changed; (ii) imposes a condition of class or issues a class recommendation in respect of that Ship; or (iii) becomes aware of any facts or matters which may result in or have resulted in a change, suspension, discontinuance, withdrawal or expiry of that Ship’s class under the rules or terms and conditions of that Borrower’s or that Ship’s membership of the Classification Society; (d) following receipt of a written request from the Security Trustee: (i) to confirm that such Borrower is not in default of any of its contractual obligations or liabilities to the Classification Society and, without limiting the foregoing, that it has paid in full all fees or other charges due and payable to the Classification Society; or (ii) if that Borrower is in default of any of its contractual obligations or liabilities to the Classification Society, to specify to the Security Trustee in reasonable detail the facts and circumstances of such default, the consequences of such default, and any remedy period agreed or allowed by the Classification Society.