Costs of variations, amendments, enforcement etc. The Borrowers shall pay to the Agent, on the Agent’s demand, for the account of the Creditor Party concerned, the amount of all legal and other expenses incurred by a Creditor Party in connection with: (a) any amendment or supplement (or any proposal for such an amendment or supplement) requested (or, in the case of a proposal, made) by or on behalf of the Borrowers and relating to a Finance Document or any other Pertinent Document; (b) any consent, waiver or suspension of rights by the Lenders, the Majority Lenders or the Creditor Party concerned or any proposal for any of the foregoing requested (or, in the case of a proposal, made) by or on behalf of the Borrowers under or in connection with a Finance Document or any other Pertinent Document; (c) the valuation of any security provided or offered under and pursuant to Clause 15 or any other matter relating to such security; (d) any step taken by the Creditor Party concerned with a view to the preservation, protection, exercise or enforcement of any rights or Security Interest created by a Finance Document or for any similar purpose including, without limitation, any proceedings to recover or retain proceeds of enforcement or any other proceedings following enforcement proceedings until the date all outstanding indebtedness to the Creditor Parties under the Finance Documents and any other Pertinent Document is repaid in full; or (e) any amendment or supplement (or any proposal for such an amendment or supplement) in connection with a Finance Document or any other Pertinent Document required as contemplated in Clause 27.5. There shall be recoverable under paragraph (d) the full amount of all legal expenses, whether or not such as would be allowed under rules of court or any taxation or other procedure carried out under such rules.
Appears in 4 contracts
Samples: Loan Agreement (Navios Maritime Acquisition CORP), Loan Agreement (Navios Maritime Partners L.P.), Loan Agreement (Navios Maritime Containers L.P.)
Costs of variations, amendments, enforcement etc. The Borrowers shall pay to the Agent, on the Agent’s 's demand, for the account of the Creditor Party concerned, the amount of all legal and other expenses incurred by a Creditor Party in connection with:
(a) any amendment or supplement (or any proposal for such an amendment or supplement) requested (or, in the case of a proposal, made) by or on behalf of the Borrowers and relating to a Finance Document or any other Pertinent Document;
(b) any consent, waiver or suspension of rights by the Lenders, the Swap Bank, the Majority Lenders or the Creditor Party concerned or any proposal for any of the foregoing requested (or, in the case of a proposal, made) by or on behalf of the Borrowers under or in connection with a Finance Document or any other Pertinent Document;
(c) the valuation of any security provided or offered under and pursuant to Clause 15 or any other matter relating to such security;; or
(d) any step taken by the Creditor Party Lender concerned or the Swap Bank with a view to the preservation, protection, exercise or enforcement of any rights or Security Interest created by a Finance Document or for any similar purpose including, without limitation, any proceedings to recover or retain proceeds of enforcement or any other proceedings following enforcement proceedings until the date all outstanding indebtedness to the Creditor Parties under the Finance Documents Documents, the Master Agreement and any other Pertinent Document is repaid in full; or
(e) any amendment or supplement (or any proposal for such an amendment or supplement) in connection with a Finance Document or any other Pertinent Document required as contemplated in Clause 27.5. There shall be recoverable under paragraph (d) the full amount of all legal expenses, whether or not such as would be allowed under rules of court or any taxation or other procedure carried out under such rules.
Appears in 3 contracts
Samples: Loan Agreement (Seanergy Maritime Holdings Corp.), Loan Agreement (DryShips Inc.), Loan Agreement (Star Bulk Management Inc.)
Costs of variations, amendments, enforcement etc. The Borrowers Borrower shall pay to the Agent, on the Agent’s 's demand, for the account of the Creditor Party concerned, the amount of all legal and reasonable (other than in relation to any expenses under sub-clause (d)) expenses incurred by a Creditor Party in connection with:
(a) any amendment or supplement (or any proposal for such an amendment or supplement) requested (or, in the case of a proposal, made) by or on behalf of the Borrowers Borrower and relating to a Finance Document or any other Pertinent Document;
(b) any consent, waiver or suspension of rights by the Lenders, the Swap Bank, the Majority Lenders or the Creditor Party concerned or any proposal for any of the foregoing requested (or, in the case of a proposal, made) by or on behalf of the Borrowers Borrower under or in connection with a Finance Document or any other Pertinent Document;
(c) the valuation of any security provided or offered under and pursuant to Clause 15 or any other matter relating to such security;; or
(d) any step taken by the Creditor Party Lender concerned or the Swap Bank with a view to the preservation, protection, exercise or enforcement of any rights or Security Securty Interest created by a Finance Document or for any similar purpose including, without limitation, any proceedings to recover or retain proceeds of enforcement or any other proceedings following enforcement proceedings until the date all outstanding outstandling indebtedness to the Creditor Parties under the Finance Documents and any other Pertinent Document is repaid in full; or
(e) any amendment or supplement (or any proposal for such an amendment or supplement) in connection with a Finance Document or any other Pertinent Document required as contemplated in Clause 27.5. There shall be recoverable under paragraph (d) the full amount of all legal expenses, whether or not such as would be allowed under rules of court or any taxation or other procedure carried out under such rules. Provided that no Event of Default has occurred and is continuing, any external advisers other than legal advisers will be mandated by the Agent only after consultation with the Borrower, and the Borrower and the Agent will use their best endeavours to agree to external advisers as well as the arrangements mutually agreeable to both parties.
Appears in 3 contracts
Samples: Loan Agreement (EuroDry Ltd.), Loan Agreement (EuroDry Ltd.), Loan Agreement (Euroseas Ltd.)
Costs of variations, amendments, enforcement etc. The Borrowers Borrower shall pay to the Facility Agent, on the Facility Agent’s demand, for the account of the Creditor Party concerned, the amount of all legal and other expenses incurred by a Creditor Party Lender in connection with:
(a) any amendment or supplement (or any proposal for such an amendment or supplement) requested (or, in the case of a proposal, made) by or on behalf of the Borrowers Borrower and relating to a Finance Document or any other Pertinent Document;
(b) any consent, waiver or suspension of rights by the Lenders, the Swap Bank, the Majority Lenders or the Creditor Party concerned or any proposal for any of the foregoing requested (or, in the case of a proposal, made) by or on behalf of the Borrowers Borrower under or in connection with a Finance Document or any other Pertinent Document;
(c) the valuation of any security provided or offered under and pursuant to Clause 15 or any other matter relating to such security;; or
(d) any step taken by the Creditor Party Lender concerned or the Swap Bank with a view to the preservation, protection, exercise or enforcement of any rights or Security Interest created by a Finance Document or for any similar purpose including, without limitation, any proceedings to recover or retain proceeds of enforcement or any other proceedings following enforcement proceedings until the date all outstanding indebtedness to the Creditor Parties under the Finance Documents Documents, the Master Agreement and any other Pertinent Document is repaid in full; or
(e) any amendment or supplement (or any proposal for such an amendment or supplement) in connection with a Finance Document or any other Pertinent Document required as contemplated in Clause 27.5. There shall be recoverable under paragraph (d) the full amount of all legal expenses, whether or not such as would be allowed under rules of court or any taxation or other procedure carried out under such rules.
Appears in 2 contracts
Samples: Loan Agreement (Capital Product Partners L.P.), Loan Agreement
Costs of variations, amendments, enforcement etc. The Borrowers shall pay to the Agent, on the Agent’s demand, for the account of the Creditor Party concerned, the amount of all legal and other expenses incurred by a Creditor Party in connection with:
(a) any amendment or supplement (or any proposal for such an amendment or supplement) requested (or, in the case of a proposal, made) by or on behalf of the Borrowers and relating to a Finance Document or any other Pertinent Document;
(b) any consent, waiver or suspension of rights by the Lenders, the Majority Lenders or the Creditor Party concerned or any proposal for any of the foregoing requested (or, in the case of a proposal, made) by or on behalf of the Borrowers under or in connection with a Finance Document or any other Pertinent Document;
(c) the valuation of any security provided or offered under and pursuant to Clause 15 or any other matter relating to such security;; or
(d) any step taken by the Creditor Party Lender concerned with a view to the preservation, protection, exercise or enforcement of any rights or Security Interest created by a Finance Document or for any similar purpose including, without limitation, any proceedings to recover or retain proceeds of enforcement or any other proceedings following enforcement proceedings until the date all outstanding indebtedness to the Creditor Parties under the Finance Documents and any other Pertinent Document is repaid in full; or
(e) any amendment or supplement (or any proposal for such an amendment or supplement) in connection with a Finance Document or any other Pertinent Document required as contemplated in Clause 27.5. There shall be recoverable under paragraph (d) the full amount of all legal expenses, whether or not such as would be allowed under rules of court or any taxation or other procedure carried out under such rules.
Appears in 2 contracts
Samples: Loan Agreement (Navios Maritime Partners L.P.), Loan Agreement (Navios Maritime Acquisition CORP)
Costs of variations, amendments, enforcement etc. The Borrowers Borrower shall pay to the Agent, on the Agent’s demand, for the account of the Creditor Party concerned, the amount of all legal and other expenses incurred by a Creditor Party in connection with:
(a) any amendment or supplement (or any proposal for such an amendment or supplement) requested (or, in the case of a proposal, made) by or on behalf of the Borrowers Borrower and relating to a Finance Document or any other Pertinent Document;
(b) any consent, waiver or suspension of rights by the Lenders, the Majority Lenders or the Creditor Party concerned or any proposal for any of the foregoing requested (or, in the case of a proposal, made) by or on behalf of the Borrowers Borrower under or in connection with a Finance Document or any other Pertinent Document;
(c) the valuation of any security provided or offered under and pursuant to Clause 15 or any other matter relating to such security;
(d) any step taken by the Creditor Party concerned with a view to the preservation, protection, exercise or enforcement of any rights or Security Interest created by a Finance Document or for any similar purpose including, without limitation, any proceedings to recover or retain proceeds of enforcement or any other proceedings following enforcement proceedings until the date all outstanding indebtedness to the Creditor Parties under the Finance Documents and any other Pertinent Document is repaid in full; or
(e) any amendment or supplement (or any proposal for such an amendment or supplement) in connection with a Finance Document or any other Pertinent Document required as contemplated in Clause 27.5. There shall be recoverable under paragraph (d) the full amount of all legal expenses, whether or not such as would be allowed under rules of court or any taxation or other procedure carried out under such rules.
Appears in 2 contracts
Samples: Amending and Restating Agreement (Navios Maritime Acquisition CORP), Loan Agreement (Navios Maritime Acquisition CORP)
Costs of variations, amendments, enforcement etc. The Borrowers shall pay to the Agent, on the Agent’s 's demand, for the account of the Creditor Party concerned, the amount of all legal and other expenses incurred by a Creditor Party in connection with:
(a) any amendment or supplement (or any proposal for such an amendment or supplement) requested (or, in the case of a proposal, made) by or on behalf of the Borrowers and relating to a Finance Document or any other Pertinent Document;
(b) any consent, waiver or suspension of rights by the Lenders, the Swap Bank, the Majority Lenders or the Creditor Party concerned or any proposal for any of the foregoing requested (or, in the case of a proposal, made) by or on behalf of the Borrowers under or in connection with a Finance Document or any other Pertinent Document;
(c) the valuation of any security provided or offered under and pursuant to Clause 15 or any other matter relating to such security;; or
(d) any step taken by the Creditor Party Lender concerned or the Swap Bank with a view to the preservation, protection, exercise or enforcement of any rights or Security Interest created by a Finance Document or for any similar purpose including, without limitation, any proceedings to recover or retain proceeds of enforcement or any other proceedings following enforcement proceedings until the date all outstanding indebtedness to the Creditor Parties under the Finance Documents Documents, the Master Agreement and any other Pertinent Document is repaid in full; or
(e) any amendment or supplement (or any proposal for such an amendment or supplement) in connection with a Finance Document or any other Pertinent Document required as contemplated in Clause 27.5. There shall be recoverable under paragraph (d) the full amount of all legal expenses, whether or not such as would be allowed under rules of court or any taxation or other procedure carried out under such rules.
Appears in 2 contracts
Samples: Loan Agreement (Paragon Shipping Inc.), Loan Agreement (Star Bulk Carriers Corp.)
Costs of variations, amendments, enforcement etc. The Borrowers shall pay to the Agent, on the Agent’s 's demand, for the account of the Creditor Party concerned, the amount of all legal and other expenses incurred by a Creditor Party in connection with:
(a) any amendment or supplement (to a Finance Document, or any proposal for such an amendment or supplement) requested (or, in the case of a proposal, to be made) by or on behalf of the Borrowers and relating to a Finance Document or any other Pertinent Document;
(b) any consent, consent or waiver or suspension of rights by the Lenders, the Swap Bank, the Majority Lenders or the Creditor Party concerned or any proposal for any of the foregoing requested (or, in the case of a proposal, made) by or on behalf of the Borrowers under or in connection with a Finance Document Document, or any other Pertinent Documentrequest for such a consent or waiver;
(c) the valuation of any security provided or offered under and pursuant to Clause 15 or any other matter relating to such security;
(d) where the Security Trustee, in its absolute opinion, considers that there has been a material change to the insurances in respect of a Ship, the review of the insurances of that Ship pursuant to Clause 13.17; and
(e) any step taken by the Creditor Party concerned with a view to the preservation, protection, exercise or enforcement of any rights right or Security Interest created by a Finance Document or for any similar purpose (including, without limitation, a request for the preparation of any proceedings to recover or retain proceeds of enforcement or any other proceedings following enforcement proceedings until the date all outstanding indebtedness insurance opinion prepared by an insurance expert acceptable to the Creditor Parties under Agent, which, in the Finance Documents and any other Pertinent Document is repaid opinion of the Agent, opines on the matters requested by the Agent in full; or
(e) any amendment or supplement (or any proposal for such an amendment or supplement) in connection with a Finance Document or any other Pertinent Document required as contemplated in Clause 27.5satisfactory manner). There shall be recoverable under paragraph (d) the full amount of all legal expenses, whether or not such as would be allowed under rules of court or any taxation or other procedure carried out under such rules.
Appears in 2 contracts
Samples: Loan Agreement (Diana Shipping Inc.), Loan Agreement (Diana Shipping Inc.)
Costs of variations, amendments, enforcement etc. The Borrowers Borrower shall pay to the Agent, on the Agent’s 's demand, for the account of the Creditor Party concerned, the amount of all costs and expenses or any on-going costs throughout the Security Period (including, without limitation, any legal and other fees or expenses or any expenses in respect of any Delegate or Receiver) incurred by a Creditor Party in connection with:
(a) any amendment or supplement (to a Finance Document or any related documents or a Finance Document to be entered into at a later stage or any proposal for such an amendment or supplement) requested (or, in the case of a proposal, to be made) by or on behalf of the Borrowers and relating to a Finance Document or any other Pertinent Document;
(b) any consent, consent or waiver or suspension of rights by the Lenders, the Majority Lenders or the Creditor Party Lender concerned or any proposal for any of the foregoing requested (or, in the case of a proposal, made) by or on behalf of the Borrowers under or in connection with a Finance Document Document, or any other Pertinent Documentrequest for such a consent or waiver;
(c) the valuation of any security provided or offered under and pursuant to Clause 15 or any other matter relating to such security;
(d) such circumstances where the Agent, in its absolute opinion, considers that there has been a material change to the insurances in respect of a Ship, the review of the insurances of that Ship pursuant to Clause 13.18;
(e) any step taken by the Creditor Party concerned or the Swap Bank concerned with a view to the protection, preservation, protection, exercise or enforcement of any rights right or Security Interest created by a Finance Document or for any similar purpose and any proceedings instituted by or against the Agent or the Security Trustee as a consequence of taking, holding, preserving, exercising, protecting or any right or Security Interest created by a Finance Document or enforcing those rights (including, without limitation, any proceedings to recover expenses in respect of any Delegate or retain proceeds of enforcement or any other proceedings following enforcement proceedings until the date all outstanding indebtedness to the Creditor Parties under the Finance Documents and any other Pertinent Document is repaid in full; or
(e) any amendment or supplement (or any proposal for such an amendment or supplement) in connection with a Finance Document or any other Pertinent Document required as contemplated in Clause 27.5Receiver). There shall be recoverable under paragraph (de) the full amount of all legal expenses, whether or not such as would be allowed under rules of court or any taxation or other procedure carried out under such rules.
Appears in 1 contract
Costs of variations, amendments, enforcement etc. The Borrowers Borrower shall pay to the Agent, on the Agent’s demand, for the account of the Creditor Party concerned, the amount of all legal and other expenses incurred by a Creditor Party in connection with:
(a) any amendment or supplement (or any proposal for such an amendment or supplement) requested (or, in the case of a proposal, made) by or on behalf of the Borrowers Borrower and relating to a Finance Document or any other Pertinent DocumentDocument contemplated in Clause 27.5 (Replacement of Screen Rate);
(b) any consent, waiver or suspension of rights by the Lenders, the Majority Lenders or the Creditor Party concerned or any proposal for any of the foregoing requested (or, in the case of a proposal, made) by or on behalf of the Borrowers Borrower under or in connection with a Finance Document or any other Pertinent Document;
(c) the valuation of any security provided or offered under and pursuant to Clause 15 (Security Cover) or any other matter relating to such security;
(d) any step taken by the Creditor Party concerned with a view to the preservation, protection, exercise or enforcement of any rights or Security Interest created by a Finance Document or for any similar purpose including, without limitation, any proceedings to recover or retain proceeds of enforcement or any other proceedings following enforcement proceedings until the date all outstanding indebtedness to the Creditor Parties under the Finance Documents and any other Pertinent Document is repaid in full; or
(e) any amendment or supplement (or any proposal for such an amendment or supplement) in connection with a Finance Document or any other Pertinent Document required as contemplated in Clause 27.527.5 (Replacement of Screen Rate). There shall be recoverable under paragraph (d) the full amount of all legal expenses, whether or not such as would be allowed under rules of court or any taxation or other procedure carried out under such rules.
Appears in 1 contract
Costs of variations, amendments, enforcement etc. The Borrowers shall pay to the Agent, on within five Business Days of the Agent’s demand, for the account of the Creditor Party concerned, the amount of all legal and other expenses incurred by a Creditor Party in connection with:
(a) the response to, or the evaluation, negotiation or implementation of, any amendment or supplement (or any proposal for such an amendment or supplement):
(i) requested (or, in the case of a proposal, made) by or on behalf of the Borrowers and relating to a Finance Document or any other Pertinent Document; or
(ii) which is contemplated in Clause 27.4;
(b) any consent, waiver or suspension of rights by the Lenders, the Majority Lenders or the Creditor Party concerned or any proposal for any of the foregoing requested (or, in the case of a proposal, made) by or on behalf of the Borrowers under or in connection with a Finance Document or any other Pertinent Document;
(c) the valuation of any security provided or offered under and pursuant to Clause 15 or any other matter relating to such security;; or
(d) any step taken by the Creditor Party Lender concerned with a view to the preservation, protection, exercise or enforcement of any rights or Security Interest created by a Finance Document or for any similar purpose including, without limitation, any proceedings to recover or retain proceeds of enforcement or any other proceedings following enforcement proceedings until the date all outstanding indebtedness to the Creditor Parties under the Finance Documents and any other Pertinent Document is repaid in full; or
(e) any amendment or supplement (or any proposal for such an amendment or supplement) in connection with a Finance Document or any other Pertinent Document required as contemplated in Clause 27.5. There shall be recoverable under paragraph (d) the full amount of all legal expenses, whether or not such as would be allowed under rules of court or any taxation or other procedure carried out under such rules.
Appears in 1 contract
Costs of variations, amendments, enforcement etc. The Borrowers Borrower shall pay to the Agent, on the Agent’s 's demand, for the account of the Creditor Party concerned, the amount of all legal and other expenses (reasonable and documented other than in respect of paragraph (d) below) incurred by a Creditor Party in connection with:
(a) any amendment or supplement (or any proposal for such an amendment or supplement) requested (or, in the case of a proposal, made) by or on behalf of the Borrowers Borrower and relating to a Finance Document or any other Pertinent Document;
(b) any consent, waiver or suspension of rights by the Lenders, the Majority Lenders or the Creditor Party concerned or any proposal for any of the foregoing requested (or, in the case of a proposal, made) by or on behalf of the Borrowers Borrower under or in connection with a Finance Document or any other Pertinent Document;
(c) the valuation of any security provided or offered under and pursuant to Clause 15 or any other matter relating to such security;
(d) any step taken by the Creditor Party Lender concerned with a view to the preservation, protection, exercise or enforcement of any rights or Security Interest created by a Finance Document or for any similar purpose including, without limitation, any proceedings to recover or retain proceeds of enforcement or any other proceedings following enforcement proceedings until the date all outstanding indebtedness to the Creditor Parties under the Finance Documents and any other Pertinent Document is repaid in full; or;
(e) any amendment or supplement (or any proposal for such an amendment or supplement) in connection with a Finance Document or any other Pertinent Document required as contemplated in Clause 27.527.4; or
(f) any amendment or supplement as a result of (i) the introduction of or any change in (or in the interpretation, administration or application of) any law or regulation or (ii) compliance with any law or regulation made after the date of this Agreement. There shall be recoverable under paragraph (d) the full amount of all legal expenses, whether or not such as would be allowed under rules of court or any taxation or other procedure carried out under such rules.
Appears in 1 contract
Costs of variations, amendments, enforcement etc. The Borrowers Each Borrower shall pay to the Facility Agent, on the Facility Agent’s demand, for the account of the Creditor Party concerned, the amount of all legal and other expenses incurred by a Creditor Party Lender in connection with:
(a) any amendment or supplement (or any proposal for such an amendment or supplement) requested (or, in the case of a proposal, made) by or on behalf of the Borrowers any Borrower and relating to a Finance Document or any other Pertinent Document;
(b) any consent, waiver or suspension of rights by the Lenders, the Swap Bank, the Majority Lenders or the Creditor Party concerned or any proposal for any of the foregoing requested (or, in the case of a proposal, made) by or on behalf of the Borrowers a Borrower under or in connection with a Finance Document or any other Pertinent Document;
(c) the valuation of any security provided or offered under and pursuant to Clause 15 or any other matter relating to such security;; or
(d) any step taken by the Creditor Party Lender or the Swap Bank concerned with a view to the preservation, protection, exercise or enforcement of any rights or Security Interest created by a Finance Document or for any similar purpose including, without limitation, any proceedings to recover or retain proceeds of enforcement or any other proceedings following enforcement proceedings until the date all outstanding indebtedness to the Creditor Parties under the Finance Documents Documents, a Master Agreement and any other Pertinent Document is repaid in full; or
(e) any amendment or supplement (or any proposal for such an amendment or supplement) in connection with a Finance Document or any other Pertinent Document required as contemplated in Clause 27.5. There shall be recoverable under paragraph (d) the full amount of all legal expenses, whether or not such as would be allowed under rules of court or any taxation or other procedure carried out under such rules.
Appears in 1 contract
Costs of variations, amendments, enforcement etc. The Borrowers Each Borrower shall pay to the Facility Agent, on the Facility Agent’s demand, for the account of the Creditor Party concerned, the amount of all legal and other expenses incurred by a Creditor Party Lender in connection with:
(a) any amendment or supplement (or any proposal for such an amendment or supplement) requested (or, in the case of a proposal, made) by or on behalf of the Borrowers any Borrower and relating to a Finance Document or any other Pertinent Document;
(b) any consent, waiver or suspension of rights by the Lenders, the Swap Bank, the Majority Lenders or the Creditor Party concerned or any proposal for any of the foregoing requested (or, in the case of a proposal, made) by or on behalf of the Borrowers a Borrower under or in connection with a Finance Document or any other Pertinent Document;
(c) the valuation of any security provided or offered under and pursuant to Clause 15 or any other matter relating to such security;; or
(d) any step taken by the Creditor Party Lender concerned or the Swap Bank with a view to the preservation, protection, exercise or enforcement of any rights or Security Interest created by a Finance Document or for any similar purpose including, without limitation, any proceedings to recover or retain proceeds of enforcement or any other proceedings following enforcement proceedings until the date all outstanding indebtedness to the Creditor Parties under the Finance Documents Documents, a Master Agreement and any other Pertinent Document is repaid in full; or
(e) any amendment or supplement (or any proposal for such an amendment or supplement) in connection with a Finance Document or any other Pertinent Document required as contemplated in Clause 27.5. There shall be recoverable under paragraph (d) the full amount of all legal expenses, whether or not such as would be allowed under rules of court or any taxation or other procedure carried out under such rules.
Appears in 1 contract
Costs of variations, amendments, enforcement etc. The Borrowers shall pay to the Agent, on the Agent’s demand, for the account of the Creditor Party concerned, the amount of all legal and other expenses incurred by a Creditor Party in connection with:
(a) any amendment or supplement (or any proposal for such an amendment or supplement) requested (or, in the case of a proposal, made) by or on behalf of the Borrowers and relating to a Finance Document or any other Pertinent Document;
(b) any consent, waiver or suspension of rights by the Lenders, the Majority Lenders or the Creditor Party concerned or any proposal for any of the foregoing requested (or, in the case of a proposal, made) by or on behalf of the Borrowers under or in connection with a Finance Document or any other Pertinent Document;
(c) the valuation of any security provided or offered under and pursuant to Clause 15 or any other matter relating to such security;; or
(d) any step taken by the Creditor Party Lender concerned with a view to the preservation, protection, exercise or enforcement of any rights or Security Interest created by a Finance Document or for any similar purpose including, without limitation, any proceedings to recover or retain proceeds of enforcement or any other proceedings following enforcement proceedings until the date all outstanding indebtedness to the Creditor Parties under the Finance Documents and any other Pertinent Document is repaid in full; or
(e) any amendment or supplement (or any proposal for such an amendment or supplement) in connection with a Finance Document or any other Pertinent Document required as contemplated in Clause 27.5. There shall be recoverable under paragraph (d) the full amount of all legal expenses, whether or not such as would be allowed under rules of court or any taxation or other procedure carried out under such rules.
Appears in 1 contract
Costs of variations, amendments, enforcement etc. The Borrowers shall pay to the Agent, on the Agent’s 's demand, for the account of the Creditor Party concerned, the amount of all legal and other expenses incurred by a Creditor Party in connection with:
(a) any amendment or supplement (or any proposal for such an amendment or supplement) requested (or, in the case of a proposal, made) by or on behalf of the Borrowers and relating to a Finance Document or any other Pertinent Document;
(b) any consent, waiver or suspension of rights by the Lenders, the Swap Bank, the Majority Lenders or the Creditor Party concerned or any proposal for any of the foregoing requested (or, in the case of a proposal, made) by or on behalf of the Borrowers under or in connection with a Finance Document or any other Pertinent Document;
(c) the valuation of any security provided or offered under and pursuant to Clause 15 or any other matter relating to such security;; or
(d) any step taken by the Creditor Party Lender concerned or the Swap Bank with a view to the preservation, protection, exercise or enforcement of any rights or Security Interest created by a Finance Document or for any similar purpose including, without limitation, any proceedings to recover or retain proceeds of enforcement or any other proceedings following enforcement proceedings until the date all outstanding indebtedness to the Creditor Parties under the Finance Documents Documents, the Master Agreement and any other Pertinent Document is repaid in full; or
(e) any amendment or supplement (or any proposal for such an amendment or supplement) in connection with a Finance Document or any other Pertinent Document required as contemplated in Clause 27.5. There shall be recoverable under paragraph (d) the full amount of all legal expenses, whether or not such as would be allowed under rules of court or any taxation or other procedure carried out under such rules.
Appears in 1 contract
Samples: Loan Agreement (Pyxis Tankers Inc.)
Costs of variations, amendments, enforcement etc. The Borrowers Borrower shall pay to the Agent, on the Agent’s demand, for the account of the Creditor Party concerned, the amount of all costs and expenses or any on-going costs throughout the Security Period (including, without limitation, any legal and other fees or expenses or any expenses in respect of any Delegate or Receiver) incurred by a Creditor Party in connection with:
(a) any amendment or supplement (to a Finance Document or any related documents or a Finance Document to be entered into at a later stage or any proposal for such an amendment or supplement) requested (or, in the case of a proposal, to be made) by or on behalf of the Borrowers and relating to a Finance Document or any other Pertinent Document;
(b) any consent, consent or waiver or suspension of rights by the Lenders, the Majority Lenders or the Creditor Party Lender concerned or any proposal for any of the foregoing requested (or, in the case of a proposal, made) by or on behalf of the Borrowers under or in connection with a Finance Document Document, or any other Pertinent Documentrequest for such a consent or waiver;
(c) the valuation of any security provided or offered under and pursuant to Clause 15 or any other matter relating to such security;
(d) such circumstances where the Agent, in its absolute opinion, considers that there has been a material change to the insurances in respect of a Ship, the review of the insurances of that Ship pursuant to Clause 13.18;
(e) any step taken by the Creditor Party concerned or the Swap Bank concerned with a view to the protection, preservation, protection, exercise or enforcement of any rights right or Security Interest created by a Finance Document or for any similar purpose and any proceedings instituted by or against the Agent or the Security Trustee as a consequence of taking, holding, preserving, exercising, protecting or any right or Security Interest created by a Finance Document or enforcing those rights (including, without limitation, any proceedings to recover expenses in respect of any Delegate or retain proceeds of enforcement or any other proceedings following enforcement proceedings until the date all outstanding indebtedness to the Creditor Parties under the Finance Documents and any other Pertinent Document is repaid in full; or
(e) any amendment or supplement (or any proposal for such an amendment or supplement) in connection with a Finance Document or any other Pertinent Document required as contemplated in Clause 27.5Receiver). There shall be recoverable under paragraph (de) the full amount of all legal expenses, whether or not such as would be allowed under rules of court or any taxation or other procedure carried out under such rules.
Appears in 1 contract
Costs of variations, amendments, enforcement etc. The Borrowers shall pay to the Agent, on the Agent’s demand, for the account of the Creditor Party concerned, the amount of all legal and other expenses incurred by a Creditor Party in connection with:
(a) the response to, or the evaluation, negotiation or implementation of, any amendment or supplement (or any proposal for such an amendment or supplement):
(i) requested (or, in the case of a proposal, made) by or on behalf of the Borrowers and relating to a Finance Document or any other Pertinent Document; or
(ii) which is contemplated in Clause 27.4 (Replacement of Screen Rate);
(b) any consent, waiver or suspension of rights by the Lenders, the Majority Lenders or the Creditor Party concerned or any proposal for any of the foregoing requested (or, in the case of a proposal, made) by or on behalf of the Borrowers under or in connection with a Finance Document or any other Pertinent Document;
(c) the valuation of any security provided or offered under and pursuant to Clause 15 (Security Cover) or any other matter relating to such security;; or
(d) any step taken by the Creditor Party Lender concerned with a view to the preservation, protection, exercise or enforcement of any rights or Security Interest created by a Finance Document or for any similar purpose including, without limitation, any proceedings to recover or retain proceeds of enforcement or any other proceedings following enforcement proceedings until the date all outstanding indebtedness to the Creditor Parties under the Finance Documents and any other Pertinent Document is repaid in full; or
(e) any amendment or supplement (or any proposal for such an amendment or supplement) in connection with a Finance Document or any other Pertinent Document required as contemplated in Clause 27.5. There shall be recoverable under paragraph (d) the full amount of all legal expenses, whether or not such as would be allowed under rules of court or any taxation or other procedure carried out under such rules.
Appears in 1 contract
Costs of variations, amendments, enforcement etc. The Borrowers shall pay to the Agent, on the Agent’s demand, for the account of the Creditor Party concerned, the amount of all legal and other expenses incurred by a Creditor Party in connection with:
(a) any amendment or supplement (or any proposal for such an amendment or supplement) requested (or, in the case of a proposal, made) by or on behalf of the Borrowers and relating to a Finance Document or any other Pertinent DocumentDocument contemplated in Clause 27.5 (Replacement of Screen Rate);
(b) any consent, waiver or suspension of rights by the Lenders, the Majority Lenders or the Creditor Party concerned or any proposal for any of the foregoing requested (or, in the case of a proposal, made) by or on behalf of the Borrowers under or in connection with a Finance Document or any other Pertinent Document;
(c) the valuation of any security provided or offered under and pursuant to Clause 15 or any other matter relating to such security;
(d) any step taken by the Creditor Party concerned with a view to the preservation, protection, exercise or enforcement of any rights or Security Interest created by a Finance Document or for any similar purpose including, without limitation, any proceedings to recover or retain proceeds of enforcement or any other proceedings following enforcement proceedings until the date all outstanding indebtedness to the Creditor Parties under the Finance Documents and any other Pertinent Document is repaid in full; or
(e) any amendment or supplement (or any proposal for such an amendment or supplement) in connection with a Finance Document or any other Pertinent Document required as contemplated in Clause 27.5. There shall be recoverable under paragraph (d) the full amount of all legal expenses, whether or not such as would be allowed under rules of court or any taxation or other procedure carried out under such rules.
Appears in 1 contract