Designation as Finance Document. The German Borrower and the Agent designate this Agreement as a Finance Document by execution of this Agreement for the purposes of the definition of Finance Document in the Original Facility Agreement.
Designation as Finance Document. The parties hereto agree that this Agreement constitutes a Finance Document.
Designation as Finance Document. In accordance with the Facility Agreement, the Parties designate this Amendment Agreement as a Finance Document.
Designation as Finance Document. The Borrower and the Agent designate this Agreement as a Finance Document by execution of this Agreement for the purposes of the definition of Finance Document in the Senior Facility Agreement.
Designation as Finance Document. The Account Party and the Agent designate this Agreement as a Finance Document by execution of this Agreement for the purposes of the definition of Finance Document in the Original Facility Agreement.
Designation as Finance Document. The Borrower and the Agent (acting on the instructions of the Majority Lenders) designate this Agreement as a Finance Document by execution of this Agreement for the purposes of the definition of Finance Document in the Facility Agreement.
Designation as Finance Document. The Parties agree that this Supplemental Agreement is and shall be designated as a Finance Document.
Designation as Finance Document. This Deed is hereby designated as a “Finance Document” under and for the purposes of the CCBI Agreement and the Note Instruments.
Designation as Finance Document. The Parties agree that this Third Supplemental Agreement is and shall be designated as a Finance Document.
Designation as Finance Document. The Borrower and the Administrative Agent designate this Agreement as a Finance Document by execution of this Agreement for the purposes of the definition of Finance Document in the Original Facility Agreement. THIS AGREEMENT has been entered into on the date stated at the beginning of this Agreement. SCHEDULE 1 CONDITIONS PRECEDENT TO THE EFFECTIVE DATE
(a) a certificate from an officer or representative of the Borrower confirming that there have been no changes to any documents which contain or establish or relate to the constitution of the Borrower and the Owners delivered in relation to the Original Facility Agreement;
(b) a copy of a resolution of the board of directors of the Borrower and each Owner:
(i) approving the terms of, and the transactions contemplated by, this Agreement and any amendments to other Finance Documents to which it is a party and resolving that it execute this Agreement and any amendments to other Finance Documents to which it is a party;
(ii) authorising a specified person or persons to execute this Agreement and any amendments to other Finance Documents to which it is a party on its behalf; and
(iii) authorising a specified person or persons, on its behalf, to sign and/or despatch all documents and notices (including in respect of the Borrower, Drawdown Notices and Selection Notices) to be signed and/or despatched by it under or in connection with this Agreement and any other Finance Documents to which it is a party.
(c) certified copies of the passports of the directors and the authorised representatives of the Borrower and the Owners together with proof of their address and any other identification or similar document any Lender may reasonably require on the basis of mandatory regulatory laws of the country of such Lender or a certificate from an officer or representative of the Borrower confirming that there have been no changes to such documents since they were delivered under the Original Facility Agreement;
(d) evidence that the Free Cash of the Charterer is minimum USD 218,200,000;
(e) a written confirmation from the Borrower that no event of default has occurred or is continuing under the Senior Note Documents;
(f) the satisfactory legal opinion from Seward & Kissel confirming that this Agreement and any amendmexxx xx thx xxxxr Finance Documents will not violate or be in conflict with the Senior Note Documents;
(g) the Security Document Amendments properly executed with evidence of the perfection of the security rights...
