Common use of Costs of variations, amendments, enforcement etc Clause in Contracts

Costs of variations, amendments, enforcement etc. The Borrower shall pay to the Agent, on the Agent’s demand, for the account of the Creditor Party concerned the amount of all 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 to be made; (b) any consent or waiver by the Lenders, the Swap Banks, the Majority Lenders or the Creditor Party concerned under or in connection with a Finance Document, or any request for such a consent or waiver; (c) the valuation of any security provided or offered under Clause 15 or any other matter relating to such security; or (d) any step taken by the Creditor Party concerned with a view to the protection, exercise or enforcement of any right or Security Interest created by a Finance Document or for any similar purpose. There shall be recoverable under paragraph (d) the Ml 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 (Euronav NV)

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Costs of variations, amendments, enforcement etc. The Borrower Borrowers shall pay to the Agent, on the Agent’s demand, for the account of the Creditor Party concerned or K-Sure, the amount of all expenses incurred by a Creditor Party in connection with: (a) any amendment or supplement to a Finance Document or a K-Sure Insurance Policy, or any proposal for such an amendment to be made; (b) any consent or waiver by the Lenders, the Swap Banks, the Majority Lenders or Lenders, the Creditor Party concerned or K-Sure under or in connection with a Finance Document, or any request for such a consent or waiver; (c) the valuation of any security additional Collateral provided or offered under Clause 15 or any other matter relating to such securityadditional Collateral; or (d) any step taken by the Creditor Party concerned Security Trustee, a Lender, K-Sure or a Swap Bank with a view to the protection, exercise or enforcement of any right or Security Interest created by a Finance Document or for any similar purpose. There shall be recoverable under paragraph (d) the Ml 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 (Scorpio Tankers Inc.)

Costs of variations, amendments, enforcement etc. The Borrower shall pay to the Agent, on the Agent’s demand, for the account of the Creditor Party concerned the amount of all documented expenses incurred by a Creditor Party in connection with: (a) any amendment or supplement to a Finance Document Document, or any proposal for such an amendment to be made; (b) any consent or waiver by the Lenders, the Swap Banks, the Majority Lenders or the Creditor Party concerned under or in connection with a Finance Document, or any request for such a consent or waiver; (c) the valuation of any security provided or offered under Clause 15 or any other matter relating to such security; or; (d) where the Agent, in its absolute opinion, considers that there has been a material change to the insurances in respect of the Ship, the review of the insurances of the Ship pursuant to Clause 13.18; (e) the opinions of the independent insurance consultant referred to in paragraph 5 of Part B, Schedule 3; and (f) any step taken by the Creditor Party any Lender concerned with a view to the protection, exercise or enforcement of any right or Security Interest created by a Finance Document or for any similar purpose. There shall be recoverable under paragraph (d) the Ml 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 (Navios Maritime Containers Inc.)

Costs of variations, amendments, enforcement etc. The Borrower Obligors shall pay to the Agent, on the Agent’s demand, for the account of the Creditor Party concerned the amount of all 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 to be made; (b) any consent or waiver by the Lenders, the Swap Banks, the Majority Lenders or the Creditor Party concerned under or in connection with a Finance Document, or any request for such a consent or waiver; (c) the valuation of any security provided or offered under Clause 15 (Security Cover) or any other matter relating to such security; or (d) any step taken by the Creditor Party concerned with a view to the protection, exercise or enforcement of any right or Security Interest created by a Finance Document or for any similar purpose. There shall be recoverable under paragraph (d) the Ml 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 (Euronav NV)

Costs of variations, amendments, enforcement etc. The Borrower Borrowers shall pay to the Agent, on the Agent’s 's demand, for the account of the Creditor Party concerned concerned, the amount of all expenses incurred by a Creditor Party in connection with: (a) any amendment or supplement to a Finance Document (required for the continuation of the availability of the Loan or as contemplated under Clause 27.4), or any proposal for such an amendment to be made; (b) any consent or waiver by the Lenders, the Swap BanksBank, the Majority Lenders or the Creditor Party concerned under or in connection with a Finance Document, or any request for such a consent or waiver; (c) the valuation of any security provided or offered under Clause 15 or any other matter relating to such security; or (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 13.18; and (e) any step taken by the Creditor Party party concerned or the Swap Bank with a view to the protection, exercise or enforcement of any right or Security Interest created by a Finance Document or for any similar purpose. There shall be recoverable under paragraph (d) the Ml 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 (Diana Shipping Inc.)

Costs of variations, amendments, enforcement etc. The 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 expenses incurred by a Creditor Party Lender in connection with: (a) any amendment or supplement to a Finance Document Document, or any proposal for such an amendment to be made; (b) any consent or waiver by the Lenders, the Swap Banks, the Majority Lenders or the Creditor Party Lender concerned under or in connection with a Finance Document, or any request for such a consent or waiver; (c) the valuation of any security provided or offered under Clause 15 or any other matter relating to such security; or; (d) where the Facility Agent, in its absolute opinion, considers that there has been a material change to the insurances in respect of any Ship, the review of the insurances or any Ship pursuant to Clause 13.18; and (e) any step taken by the Creditor Party any Lender concerned with a view to the protection, exercise or enforcement of any right or Security Interest created by a Finance Document or for any similar purpose. There shall be recoverable under paragraph (d) the Ml 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

Costs of variations, amendments, enforcement etc. The Borrower shall pay to the Agent, on the Agent’s demand, for the account of the Creditor Party concerned the amount of all 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 to be made; (b) any consent or waiver by the Lenders, the Swap Banks, the Majority Lenders or the Creditor Party concerned under or in connection with a Finance Document, or any request for such a consent or waiver; (c) the valuation of any security provided or offered under Clause 15 or any other matter relating to such security; or (d) any step taken by the Creditor Party concerned with a view to the protection, exercise or enforcement of any right or Security Interest created by a Finance Document or for any similar purpose. There shall be recoverable under paragraph (d) the Ml 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 (Grindrod Shipping Holdings Pte. Ltd.)

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Costs of variations, amendments, enforcement etc. The Borrower Borrowers shall pay to the Agent, on the Agent’s demand, for the account of the Creditor Party concerned the amount of all reasonable and documented expenses incurred by a Creditor Party Lender in connection with: (a) any amendment or supplement to a Finance Document Document, or any proposal for such an amendment to be mademade in each case requested by a Borrower (but excluding, for the avoidance of doubt, any such expense incurred in connection with the assignment, transfer or sub-participation of any of the rights and/or obligations of a Creditor Party under any of the Finance Documents); (b) any consent or waiver by the LendersCo-Arrangers, the Swap Banks, the Majority Lenders or the Creditor Party concerned under or in connection with a Finance Document, or any request for such a consent or waiverwaiver in each case initiated by a Borrower; (c) the valuation of any security provided or offered under 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 protection, exercise or enforcement of any right or Security Interest created by a Finance Document or for any similar purpose. There shall be recoverable under paragraph (dc) the Ml 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 (Alma Maritime LTD)

Costs of variations, amendments, enforcement etc. The Borrower Borrowers shall pay to the Agent, on the Agent’s 's demand, for the account of the Creditor Party concerned concerned, the amount of all expenses incurred by a Creditor Party in connection with: (a) any amendment or supplement to a Finance Document Document, or any proposal for such an amendment to be made; (b) any consent or waiver by the Lenders, the Swap Banks, the Majority Lenders or the Creditor Party concerned under or in connection with a Finance Document, or any request for such a consent or waiver; (c) the valuation of any security provided or offered under Clause 15 or any other matter relating to such security; or (d) 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 such Ship pursuant to Clause 13.18; and (e) any step taken by the Creditor Party Lender concerned with a view to the protection, exercise or enforcement of any right or Security Interest created by a Finance Document or for any similar purpose. There shall be recoverable under paragraph (d) the Ml 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 (Navios Maritime Holdings Inc.)

Costs of variations, amendments, enforcement etc. The Borrower shall pay to the Agent, on the Agent’s 's demand, for the account of the Creditor Party concerned concerned, the amount of all reasonable and documented (other than in the case of paragraph (d)) expenses (including, without limitation, the reasonable legal fees of counsel to the Agent and Bookrunner and any maritime or local counsel) incurred by a Creditor Party in connection with: (a) any amendment or supplement to a Finance Document Document, or any proposal for such an amendment to be made; (b) any consent or waiver by the Lenders, the Swap Banks, the Majority Lenders or the Creditor Party concerned under or in connection with a Finance Document, or any request for such a consent or waiver; (c) the valuation of any security provided or offered under Clause 15 (Security Cover) or any other matter relating to such security; or (d) any step taken by the Creditor Party concerned with a view to the protection, exercise or enforcement of any right or Security Interest created by a Finance Document or for any similar purpose. There shall be recoverable under paragraph (d) the Ml 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 (Paragon Shipping Inc.)

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