Common use of Constructive Total Loss Clause in Contracts

Constructive Total Loss. In the event of an accident, occurrence or event resulting in a constructive total loss of any Vessel, the Mortgagee may claim for a constructive total loss of such Vessel and require that Mortgagor declare such to be a constructive total loss, and if both (i) such claim is accepted by all underwriters under all policies then in force as to such Vessel under which payment is due for total loss and (ii) payment in full is made in cash under such policies, then, with the underwriters’ approval, the Mortgagee shall abandon such Vessel to the underwriters under such policies, free from the lien of this Mortgage.

Appears in 1 contract

Samples: Mortgage Agreement (Trailer Bridge Inc)

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Constructive Total Loss. In the event case of an accident, occurrence or event resulting in Event of Loss which is ----------------------- a constructive total loss of any the Vessel, the Mortgagee may shall have the right (but only with prior written consent of the Mortgagor unless an Event of Default has occurred and is continuing) to claim for a constructive total loss of such Vessel and require that Mortgagor declare such to be a constructive total lossthe Vessel, and if both (i) such claim is accepted by all underwriters under all policies then in force as to such the Vessel under which payment is due for total loss and (ii) payment in full is made in cash under such policies, then, with the underwriters’ approval, then the Mortgagee shall have the right to abandon such the Vessel to the underwriters under such policies, free from the lien Lien of this Mortgage.

Appears in 1 contract

Samples: First Preferred Ship Mortgage (HWCC Shreveport Inc)

Constructive Total Loss. In the event case of an accident, occurrence or event resulting in Event of Loss which is ----------------------- a constructive total loss of any Vessel, the Mortgagee may shall have the right (but only with prior written consent of the Mortgagor unless an Event of Default has occurred and is continuing) to claim for a constructive total loss of such Vessel and require that Mortgagor declare such to be a constructive total lossVessel, and if both (i) such claim is accepted by all underwriters under all policies then in force as to such Vessel under which payment is due for total loss and (ii) payment in full is made in cash under such policies, then, with the underwriters’ approval, then the Mortgagee shall have the right to abandon such Vessel to the underwriters under such policies, free from the lien Lien of this Mortgage.

Appears in 1 contract

Samples: First Preferred Fleet Mortgage (HWCC Shreveport Inc)

Constructive Total Loss. In the event case of an accident, occurrence or event resulting in Event of Loss ----------------------- which is a constructive total loss of any the Vessel, the Mortgagee may shall have the right (but only with prior written consent of the Mortgagor unless an Event of Default has occurred and is continuing) to claim for a constructive total loss of such Vessel and require that Mortgagor declare such to be a constructive total lossthe Vessel, and if both (i) such claim is accepted by all underwriters under all policies then in force as to such the Vessel under which payment is due for total loss and (ii) payment in full is made in cash under such policies, then, with the underwriters’ approval, then the Mortgagee shall have the right to abandon such the Vessel to the underwriters under such policies, free from the lien Lien of this Mortgage.

Appears in 1 contract

Samples: Second Preferred Ship Mortgage (HWCC Shreveport Inc)

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Constructive Total Loss. In the event of an accident, occurrence or event resulting in a constructive total loss of any the Vessel, the Mortgagee may shall claim for a constructive total loss of such the Vessel and require that Mortgagor declare such to be a constructive total loss, and if both (i) such claim is accepted by all underwriters under all policies then in force as to such the Vessel under which payment is due for total loss and (ii) payment in full is made in cash under such policies, then, with the underwriters’ approval, the Mortgagee shall abandon such the Vessel to the underwriters under such policies, free from the lien of this Mortgage.

Appears in 1 contract

Samples: First Preferred Ship Mortgage (Inspecciones Maritimas S.A)

Constructive Total Loss. In the event case of an accident, occurrence or event resulting in Event of Loss which ----------------------- is a constructive total loss of any the Vessel, the Mortgagee may shall have the right (but only with prior written consent of the Mortgagor unless an Event of Default has occurred and is continuing) to claim for a constructive total loss of such Vessel and require that Mortgagor declare such to be a constructive total lossthe Vessel, and if both (i) such claim is accepted by all underwriters under all policies then in force as to such the Vessel under which payment is due for total loss and (ii) payment in full is made in cash under such policies, then, with the underwriters’ approval, then the Mortgagee shall have the right to abandon such the Vessel to the underwriters under such policies, free from the lien Lien of this Mortgage.

Appears in 1 contract

Samples: Preferred Ship Mortgage (Shreveport Capital Corp)

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