Common use of Documents, fees and no default Clause in Contracts

Documents, fees and no default. The Lender’s obligation to advance a Tranche and issue an Instalment Guarantee arc subject to the following conditions precedent: (a) that, on or before service of the Guarantee Facility Request, the Lender receives the documents described in Part A of Schedule 2 in form and substance satisfactory to and its lawyers; (b) that, on or before the Drawdown Date in respect of the first Tranche of each Advance, the Secondone Tranche A and the Thirdone Tranche A, the Lender receives the documents described in Part B of Schedule 2 in form and substance satisfactory to it and its lawyers; (c) that, on or before the Drawdown Date in respect of the second Tranche of each Advance, the Secondone Advance Tranche B and the Thirdone Advance Tranche B, the Lender receives the documents described in Part C of Schedule 2 in a form and substance satisfactory to it and its lawyers; (d) that, on or before the Drawdown Date in respect of the third Tranche of each Advance, the Secondone Advance Tranche C and the Thirdone Advance Trench C, the Lender receives the documents described in Part D of Schedule 2 in form and substance satisfactory to it and its lawyers; (e) that, on or before the Drawdown Date in respect of each Delivery Tranche, the Lender receives the documents described in Part E of Schedule 2 in form and substance satisfactory to it and its lawyers; (f) that, on or before service of each Drawdown Notice the Lender has received all accrued commitment commission due and payable pursuant to Clause 20.1; (g) that, on or before service of the Drawdown Notice in respect of the first Tranche, the Lender has received the first instalment of the arrangement fee referred to in Clause 20.1; (h) that both at the date of each Drawdown Notice, at each Drawdown Date and on issuance of any Instalment Guarantee: (i) no Event of Default or Potential Event of Default has occurred or would result from the borrowing of the relevant Tranche; (ii) the representations and warranties in Clause 10.1 and those of the Borrowers or any Security Party which are set out in the other Finance Documents would be true and not misleading if repeated on each of those dates with reference to the circumstances then existing; (iii) none of the circumstances contemplated by Clause 4.4 has occurred; and (iv) there has been no material adverse change in the financial condition, state of affairs or prospects of any Borrower or any Security Party applying at the date of this Agreement; and (i) that, if the ratio set out in Clause 15.1 were applied immediately following the making of each Delivery Tranche, the Borrower would not be obliged to provide additional security or prepay part of the Loan under that Clause; (j) that the Lender has received, and found to be acceptable to it, any further opinions, consents, agreements and documents in connection with the Finance Documents which the Lender may request by notice to the Borrowers prior to the relevant Drawdown Date.

Documents, fees and no default. The Lender’s obligation to advance a Tranche and issue an Instalment Guarantee arc make the Loan available is subject to the following conditions precedent: (a) that, on or before service the date of the Guarantee Facility Requestthis Agreement, the Lender receives receives: (i) the documents described in Part A of Schedule 2 in form and substance satisfactory to it and its lawyers; and (ii) payment in full of that part of the arrangement fee referred to in Clauses 19.1 (a)(i) and 19.1(a)(ii)(A); (b) that, on or before the Drawdown Date in respect of the first Tranche of each Advance, the Secondone Tranche A and the Thirdone Tranche A, the Lender receives receives: (i) the documents described in Part B of Schedule 2 in form and substance satisfactory to it and its lawyerslawyers (save in the case of the ISSC and SMC referred to in paragraph 3(b) in Part B of Schedule 2 to be delivered by the Borrowers 5 Business Days after the relevant Drawdown Date); and (ii) all accrued commitment fee payable pursuant to Clause 19.1(b)(A); (c) that, on or before the Drawdown Date in respect of the second Tranche of each Advance, the Secondone Advance First Tranche B and the Thirdone Advance Tranche BAdvance, the Lender receives the documents described in Part C of Schedule 2 in a form and substance satisfactory to it and its lawyers; (d) that, that on or before the Drawdown Date in respect of the third Second Tranche of each B Advance, the Secondone Advance Tranche C and the Thirdone Advance Trench C, the Lender receives receives: (i) the documents described in Part D of Schedule 2 in form and substance satisfactory to it and its lawyerslawyers (save in the case of the ISSC and SMC referred to in paragraph 8(b) in Part D of Schedule 2 to be delivered by the Borrowers to the Lender 5 Business Days after the relevant Drawdown Date); and (ii) all accrued commitment fee payable pursuant to Clause 19.1(b)(B); (e) that, on or before the Drawdown Date in respect of each Delivery Tranche, the Lender receives the documents described in Part E of Schedule 2 in form and substance satisfactory to it and its lawyers; (f) that, on or before service of each Drawdown Notice the Lender has received all accrued commitment commission due and payable pursuant to Clause 20.1; (g) that, on or before service of the Drawdown Notice in respect of the first Tranche, the Lender has received the first instalment of the arrangement fee referred to in Clause 20.1; (h) that both at the date of each Drawdown Notice, Notice and at each Drawdown Date and on issuance of any Instalment GuaranteeDate: (i) no Event of Default or Potential Event of Default has occurred and is continuing or would result from the borrowing of the relevant TrancheTranche or Advance; (ii) the representations and warranties in Clause 10.1 9 and those of the Borrowers or any Security Party which are set out in the other Finance Documents would be true and not misleading if repeated on each of those dates with reference to the circumstances then existing;; and (iii) none of the circumstances contemplated by Clause 4.4 has occurred; andoccurred and is continuing; (iv) there has been no material adverse change in the financial condition, state of affairs or prospects of any Borrower or any Security Party applying at the date of this Agreement; and (if) that, if the ratio set out in Clause 15.1 14.1 were applied immediately following the making of each Delivery Tranchea Tranche or an Advance, the Borrower Borrowers would not be obliged to provide additional security or prepay part of the Loan under that Clause;; and (jg) that the Lender has received, and found to be acceptable to it, any further opinions, consents, agreements and documents in connection with the Finance Documents which the Lender may reasonably request by notice to the Borrowers prior to the relevant Drawdown Date.

Documents, fees and no default. The Lender’s 's obligation to advance a make Tranche and issue A or an Instalment Guarantee arc Advance is subject to the following conditions precedent: (a) that, on or before the service of the Guarantee Facility RequestDrawdown Notice in respect of the first Tranche or Advance to be drawn down under this Agreement, the Lender receives the documents described in Part A of Schedule 2 2, in form and substance satisfactory to it and its lawyers; (b) that, on or before the each Drawdown Date in respect but prior to the making of Tranche A or, as the first Tranche of each Advancecase may be, the Secondone relevant Advance under Tranche A and the Thirdone Tranche AB, the Lender receives the documents described in Part B of Schedule 2 in relation to Tranche A or, as the case may be, that Advance, in form and substance satisfactory to it and its lawyers; (c) that, on or before the Drawdown Date in respect relating to Tranche A and the Drawdown Date relating to the Advance under Tranche B which shall be used to refinance part of the second Purchase Price of "GAS MARATHON" but prior to the making of Tranche of each A or, as the case may be, such Advance, the Secondone Advance Tranche B and the Thirdone Advance Tranche B, the Lender receives (in addition to those documents described in Part B of Schedule 2 in relation to the applicable Ship (being, in the case of Tranche A, "SWEET DREAM" and, in the case of the Advance to refinance part of the Purchase Price of "GAS MARATHON", "GAS MARATHON") the documents described in Part C of Schedule 2 2, in a form and substance satisfactory to it and its lawyers; (d) that, on or before the Drawdown Date in respect relating to Tranche A but prior to the making of the third Tranche of each Advance, the Secondone Advance Tranche C and the Thirdone Advance Trench CA, the Lender receives (in addition to those documents described in Part B of Schedule 2 in relation to "GAS ORACLE") the documents described in Part D of Schedule 2 2, in a form and substance satisfactory to it and its lawyers; (e) that, on or before the Drawdown Date in respect date of each Delivery Tranchethis Agreement, the Lender receives the documents described in Part E of Schedule 2 in form and substance satisfactory to it and its lawyers; (f) that, on or before service of each Drawdown Notice the Lender has received all accrued commitment commission due and payable pursuant to Clause 20.1; (g) that, on or before service of the Drawdown Notice in respect of the first Tranche, the Lender has received the first instalment of the arrangement fee referred to in Clause 20.1;19.1 and has received payment of the expenses referred to in Clause 19.2; and (hf) that both at the date of each Drawdown Notice, Notice and at each Drawdown Date and on issuance of any Instalment GuaranteeDate: (i) no Event of Default or Potential Event of Default has occurred and is continuing or would result from the borrowing of the relevant TrancheTranche or Advance; (ii) the representations and warranties in Clause 10.1 9.1 and those of the Borrowers any Borrower or any Security Party which are set out in the other Finance Documents would be true and not misleading if repeated on each of those dates with reference to the circumstances then existing;; and (iii) none of the circumstances contemplated by Clause 4.4 has occurredoccurred and is continuing; and (iv) there has been no material adverse change in the financial condition, state of affairs or prospects of any Borrower or any Security Party applying at the date of this Agreement; and (ig) that, if the ratio set out in Clause 15.1 14.1 were applied immediately following the making of each Delivery Tranchethe relevant Tranche or Advance, the Borrower Borrowers would not be obliged to provide additional security or prepay part of the Loan under that Clause;; and (jh) that the Lender has received, and found to be acceptable to it, any further opinions, consents, agreements and documents in connection with the Finance Documents which the Lender may request by notice to the Borrowers prior to the relevant Drawdown Date.

Documents, fees and no default. The Lender’s obligation to advance a Tranche and issue an Instalment Guarantee arc make the Loan available is subject to the following conditions precedent: (a) that, on or before service the date of the Guarantee Facility Requestthis Agreement, the Lender receives receives: (i) the documents described in Part A of Schedule 2 in form and substance satisfactory to it and its lawyers; and (ii) payment in full of that part of the arrangement fee referred to in Clauses 19.1(a)(i) and 19.1(a)(ii)(A); (b) that, on or before the Drawdown Date in respect of the first Tranche of each Advance, the Secondone Tranche A and the Thirdone Tranche A, the Lender receives receives: (i) the documents described in Part B of Schedule 2 in form and substance satisfactory to it and its lawyerslawyers (save in the case of the ISSC and SMC referred to in paragraph 3(b) in Part B of Schedule 2 to be delivered by the Borrowers 5 Business Days after the relevant Drawdown Date); and (ii) all accrued commitment fee payable pursuant to Clause 19.1(b)(A); (c) that, on or before the Drawdown Date in respect of the second Tranche of each Advance, the Secondone Advance First Tranche B and the Thirdone Advance Tranche BAdvance, the Lender receives the documents described in Part C of Schedule 2 in a form and substance satisfactory to it and its lawyers; (d) that, that on or before the Drawdown Date in respect of the third Second Tranche of each B Advance, the Secondone Advance Tranche C and the Thirdone Advance Trench C, the Lender receives receives: (i) the documents described in Part D of Schedule 2 in form and substance satisfactory to it and its lawyerslawyers (save in the case of the ISSC and SMC referred to in paragraph 8(b) in Part D of Schedule 2 to be delivered by the Borrowers to the Lender 5 Business Days after the relevant Drawdown Date); and (ii) all accrued commitment fee payable pursuant to Clause 19.1(b)(B); (e) that, on or before the Drawdown Date in respect of each Delivery Tranche, the Lender receives the documents described in Part E of Schedule 2 in form and substance satisfactory to it and its lawyers; (f) that, on or before service of each Drawdown Notice the Lender has received all accrued commitment commission due and payable pursuant to Clause 20.1; (g) that, on or before service of the Drawdown Notice in respect of the first Tranche, the Lender has received the first instalment of the arrangement fee referred to in Clause 20.1; (h) that both at the date of each Drawdown Notice, Notice and at each Drawdown Date and on issuance of any Instalment GuaranteeDate: (i) no Event of Default or Potential Event of Default has occurred and is continuing or would result from the borrowing of the relevant TrancheTranche or Advance; (ii) the representations and warranties in Clause 10.1 9 and those of the Borrowers or any Security Party which are set out in the other Finance Documents would be true and not misleading if repeated on each of those dates with reference to the circumstances then existing;; and (iii) none of the circumstances contemplated by Clause 4.4 has occurred; andoccurred and is continuing; (iv) there has been no material adverse change in the financial condition, state of affairs or prospects of any Borrower or any Security Party applying at the date of this Agreement; and (if) that, if the ratio set out in Clause 15.1 14.1 were applied immediately following the making of each Delivery Tranchea Tranche or an Advance, the Borrower Borrowers would not be obliged to provide additional security or prepay part of the Loan under that Clause;; and (jg) that the Lender has received, and found to be acceptable to it, any further opinions, consents, agreements and documents in connection with the Finance Documents which the Lender may reasonably request by notice to the Borrowers prior to the relevant Drawdown Date.

Documents, fees and no default. The Lender’s 's obligation to advance a Tranche and issue contribute to an Instalment Guarantee arc Advance is, in addition to the conditions set out in Clause 3.2, subject to the following conditions precedent: (a) that, on or before service the date of the Guarantee Facility Requestsigning of this Agreement, the Lender receives the documents described in Part A of Schedule 2 in form and substance satisfactory to the Lender and its lawyers; (b) that, on or before the Drawdown Date in respect of the first Tranche Advance of each Advance, the Secondone Tranche A and the Thirdone Tranche ATranche, the Lender receives the documents described in Part B of Schedule 2 in relation to the relevant Ship, in form and substance satisfactory to it the Lender and its lawyers; (c) that, on or before the Drawdown Date in respect of the second Tranche Advance of each Advance, the Secondone Advance Tranche B and the Thirdone Advance Tranche BTranche, the Lender receives the documents described in Part C of Schedule 2 in a relation to the relevant Ship, in form and substance satisfactory to it the Lender and its lawyers; (d) that, on or before the Drawdown Date in respect of the third Tranche Advance of each Advance, the Secondone Advance Tranche C and the Thirdone Advance Trench CTranche, the Lender receives the documents described in Part D of Schedule 2 in relation to the relevant Ship, in form and substance satisfactory to it the Lender and its lawyers; (e) that, on or before the Drawdown Date in respect of the fourth Advance of each Delivery Tranche, the Lender receives the documents described in Part E of Schedule 2 in relation to the relevant Ship, in form and substance satisfactory to it the Lender and its lawyers; (f) that, on or before service the Drawdown Date of the fifth Advance of each Drawdown Notice Tranche, the Lender has received all accrued commitment commission due receives the documents described in Part F of Schedule 2 in relation to the relevant Ship, in form and payable pursuant substance satisfactory to Clause 20.1the Lender and its lawyers; (g) that, on or before the Drawdown Date of the Delivery Advance of each Tranche, the Lender receives the documents described in Part G of Schedule 2 in relation to the relevant Ship, in form and substance satisfactory to the Lender and its lawyers; (h) that, on or before the service of the first Drawdown Notice in respect of the first each Tranche, the Lender receives any fees payable pursuant to Clause 19.1 and has received the first instalment payment of the arrangement fee expenses referred to in Clause 20.119.2; (hi) that both at the date of each Drawdown Notice, Notice and at each Drawdown Date and on issuance of any Instalment GuaranteeDate: (i) no Event of Default or Potential Event of Default has occurred and is continuing or would result from the borrowing of the relevant TrancheLoan; (ii) the representations and warranties in Clause 10.1 9 and those of the Borrowers or any Security Party which are set out in the other Finance Documents would be true and not misleading if repeated on each of those dates with reference to the circumstances then existing; (iii) none of the circumstances contemplated by Clause 4.4 4.5 has occurred; andoccurred and is continuing; (iv) there has been no material adverse change in the financial condition, state of affairs or prospects of any Borrower or any Security Party applying at the date of this Agreement; and (ij) that, if the ratio set out in Clause 15.1 14.1 were applied immediately following the making of each Delivery Tranchethe relevant Advance, the Borrower Borrowers would not be obliged to provide additional security or prepay part of the Loan under that Clause;; and (jk) that the Lender has received, and found to be acceptable to it, any further opinions, consents, agreements and documents in connection with the Finance Documents which the Lender may reasonably request by notice to the Borrowers prior to the relevant Drawdown Date.