DOCUMENTS TO BE DELIVERED TO THE BUYER. The acceptance of the VESSEL by the BUYER shall be conditional upon receipt by the BUYER from the SELLER of authenticated documents, certificates as required in this Contract and also in the Specifications including but not limited to the following (subject to the provision contained in Article V-2 hereof) which shall accompany the aforementioned Protocol of Delivery and Acceptance:
(a) PROTOCOL OF TRIALS of the VESSEL made by the SELLER pursuant to the Specifications.
(b) PROTOCOL OF INVENTORY of the equipment of the VESSEL including spare parts and the like, all as specified in the Specifications made by the SELLER and confirmed by the Supervisor. The equipment of the VESSEL must follow international standard ISO and CB, GB, and first class Chinese shipbuilding practice.
(c) PROTOCOL OF STORES OF CONSUMABLE NATURE made by the SELLER and confirmed by the Supervisor referred to under Paragraph 4 of Article VI hereof.
(d) FINISHED DRAWINGS AND PLANS pertaining to the VESSEL as stipulated in the Specifications (If it is SELLER’s Obligation).
(e) PROTOCOL OF DEADWEIGHT AND INCLINING EXPERIMENT, made by the SELLER, TRIM AND STABILITY BOOKLET and LOADING MANUAL, and GRAIN LOADING STABILITY MANUAL, all approved by the Classification Society on behalf of the Flag State Administration.
(f) ALL CERTIFICATES required to be furnished upon delivery of the VESSEL pursuant to this Contract and the Specifications. Certificates shall be issued by relevant Authorities or Classification Society. The VESSEL shall comply with the above rules and regulations which are in force at the time of delivery of the VESSEL. All the certificates shall be delivered in one (1) original to the VESSEL and two (2) copies to the BUYER. If any permanent certificate or certificates are unable to be issued at the time of delivery of the VESSEL by the Classification Society or any third party other than the SELLER, then the provisional certificate or certificates issued by the Classification Society or such third party shall be furnished by the SELLER and acceptable to the BUYER provided that permanent certificates shall be furnished by the SELLER to the BUYER in any event before the expiry of such provisional certificates.
(g) DECLARATION OF WARRANTY issued by the SELLER that the VESSEL is delivered to the BUYER free and clear of any liens, charges, claims, mortgages, or other encumbrances upon the BUYER's title thereto, and in particular, that the VESSEL is absolutely free of all burdens in the...
DOCUMENTS TO BE DELIVERED TO THE BUYER. Upon delivery and acceptance of the VESSEL, the BUILDER shall deliver to the BUYER the following documents, which shall accompany the aforementioned PROTOCOL OF DELIVERY AND ACCEPTANCE :
(a) PROTOCOL OF TRIALS of the VESSEL made pursuant to this CONTRACT and the SPECIFICATIONS,
(b) PROTOCOL OF INVENTORY of the equipment of the VESSEL, including spare parts, all as specified in the SPECIFICATIONS,
(c) PROTOCOL OF STORES OF CONSUMABLE NATURE, such as all fuel oil and fresh water remaining in tanks if its cost is charged to the BUYER, and all consumed lubricating oils and greases if its cost is charged to the BUILDER, in each case under Article VI.4. hereof,
(d) DRAWINGS AND PLANS pertaining to the VESSEL as stipulated in the SPECIFICATIONS, which shall be furnished to the BUYER at no additional cost,
(e) ALL CERTIFICATES, clean and free of recommendations (unless otherwise mutually agreed by the parties), required to be furnished upon delivery of the VESSEL pursuant to this CONTRACT, the SPECIFICATIONS and the customary shipbuilding practice, including
(i) Classification Certificate
(ii) Safety Construction Certificate
(iii) Safety Equipment Certificate
(iv) Safety Radio Certificate (v) International Loadline Certificate
DOCUMENTS TO BE DELIVERED TO THE BUYER. Upon Delivery and Acceptance of the VESSEL, the BUILDER shall deliver to the BUYER the following documents, which shall accompany the Protocol of Delivery and Acceptance:
(a) Protocol of Trials made pursuant to the Specifications.
(b) Protocol of Inventory and Equipment of the VESSEL, including spare parts and the like, all as specified in the Specifications.
(c) Protocol of Stores of consumable nature referred to under Article VI hereof which are payable by the BUYER to the BUILDER.
(d) Drawings and Plans pertaining to the VESSEL together with all necessary instruction manuals, as further stipulated in the Specifications.
(e) All Certificates including the BUILDER’s Certificate required to be furnished upon Delivery and Acceptance of the VESSEL pursuant to this Contract and the Specifications. It is agreed that if, through no fault on the part of the BUILDER, the Classification Certificate and/or other required certificates are not available at the time of delivery, provisional certificates shall be accepted by the BUYER, provided that the BUILDER shall furnish the BUYER with formal certificates as promptly as possible.
(f) Declaration of Warranty by the BUILDER that the VESSEL is free and clear of any liens, claims, mortgages and other encumbrances. Ulstein Verft AS X.X. Xxx 000, X-0000 Xxxxxxxxxx, Xxxxxx Tel. +00 0000 0000. Fax +00 0000 0000 Ent. No: 912 447 561 xxx.xxxxxxx.xxx
DOCUMENTS TO BE DELIVERED TO THE BUYER. Acceptance of the Vessel by the Buyer shall be conditional upon receipt by the Buyer from the Builder of the following duly authenticated documents which shall accompany the aforementioned PROTOCOL OF DELIVERY AND ACCEPTANCE:
(i) PROTOCOL OF TRIALS of the Vessel made pursuant to this Contract and the Specifications,
(ii) PROTOCOL OF INVENTORY of the equipment of the Vessel including spare parts and the like as specified in the Specifications,
(iii) PROTOCOL OF STORES OF CONSUMABLE NATURE, such as all fuel oil, lubricating oil, and fresh water remaining in tanks if their cost is charged to the Buyer, but not water or oils or greases in the machinery which are on board and delivered to the Buyer with the Vessel at the price set forth in Article 6(g) hereof,
DOCUMENTS TO BE DELIVERED TO THE BUYER. Upon the delivery and the acceptance of the VESSEL, the Seller shall deliver to the Buyer the following documents, which shall accompany the PROTOCOL OF DELIVERY AND ACCEPTANCE: -
(i) Two (2) original BILL OF SALE to be notarized and apostilled.
(ii) PROTOCOL OF TRIALS of the VESSEL made pursuant to the Specifications.
(iii) PROTOCOL OF INVENTORY of the equipment of the VESSEL, including spare parts and the like all as specified in the Specifications.
(iv) PROTOCOL OF STORES OF CONSUMABLE NATURE referred to under the Paragraphs 3(b) and 6 of the Article VI hereof, including the original purchase price thereof.
(v) All Certificates required to be furnished by the Builder upon the delivery of the VESSEL pursuant to this Contract and the Specifications. It is agreed that if, through no fault on the part of the Seller, the classification certificate and/or other certificates are not available at the time of the delivery of the VESSEL, provisional certificates shall be accepted by the Buyer, provided that the Seller shall furnish the Buyer with formal certificates as promptly as possible after such formal certificates have been issued.
DOCUMENTS TO BE DELIVERED TO THE BUYER. Upon delivery and acceptance of the VESSEL, the BUILDER shall deliver to the BUYER the following documents, which shall accompany the aforementioned PROTOCOL OF DELIVERY AND ACCEPTANCE:
(a) PROTOCOL OF TRIALS of the VESSEL made pursuant to this CONTRACT and the SPECIFICATIONS,
(b) PROTOCOL OF INVENTORY of the equipment of the VESSEL, including spare parts, all as specified in the SPECIFICATIONS,
(c) PROTOCOL OF STORES OF CONSUMABLE NATURE, such as all fuel oil and fresh water remaining in tanks if its cost is charged to the BUYER under Article VI. 4. hereof,
(d) DRAWING AND PLANS pertaining to the VESSEL as stipulated in the SPECIFICATIONS, which shall be furnished to the BUYER at no additional cost,
(e) ALL CERTIFICATES required to be furnished upon delivery of the VESSEL pursuant to this CONTRACT, the SPECIFICATIONS and the customary shipbuilding practice, including
(1) Classification certificate for Hull and Machinery
(2) Cargo Ship Safety Construction Certificate
(3) Cargo Ship Safety Equipment Certificate
(4) Cargo Ship Safety Radio Certificate
(5) Adjustment Certificate for Magnetic Compass
(6) Certificate for Navigation and Signal Lights required by COLREG
(7) International Load Line Certificate
(8) International Tonnage Certificate (9) I.O.P.P. Certificate (10) I.A.P.P. Certificate
DOCUMENTS TO BE DELIVERED TO THE BUYER. Upon delivery and acceptance of the VESSEL, the BUILDER shall deliver to the BUYER the following documents, which shall accompany the aforementioned PROTOCOL OF DELIVERY AND ACCEPTANCE:
(a) PROTOCOL OF TRIALS of the VESSEL made pursuant to this CONTRACT and the SPECIFICATIONS,
(b) PROTOCOL OF INVENTORY of the equipment of the VESSEL, including spare parts, all as specified in the SPECIFICATIONS,
(c) PROTOCOL OF STORES OF CONSUMABLE NATURE, such as all fuel oil and fresh water remaining in tanks if its cost is charged to the BUYER under Article VI. 4. hereof,
(d) Three (3) sets of DRAWING AND PLANS pertaining to the VESSEL as stipulated in the SPECIFICATIONS, which shall be furnished to the BUYER at no additional cost,
(e) ALL CERTIFICATES required to be furnished upon delivery of the VESSEL pursuant to this CONTRACT, the SPECIFICATIONS and the customary shipbuilding practice, including · Classification Certificate for Hull and Machinery · Statement of compliance for USCG regulations for foreign flag vessel · Cargo Ship Safety Construction Certificate · Cargo Ship Safety Radio Certificate · Cargo Ship Safety Equipment Certificate · International Load Line Certificate · International Tonnage Certificate · International Oil Pollution Prevention Certificate · IAPP Certificate for NOx · EIAPP for Main engine and Auxiliary engine · MARPOL 73/78 Annex VI Certificate for Incinerator · Suez Canal Tonnage Certificate · Statement of Compliance for Maritime Labor Convention 2006, Title 3, Regulation Standard A 3.1 · Ship Sanitation Control Exemption Certificate · Test Certificate of Windlass, Anchor, Anchor Chain · Certificate for Cargo hose handling, Provision Crane and Engine Room Crane · International Sewage Pollution Prevention Certificate · Statement of compliance for International Garbage Pollution Prevention. (Garbage management plan shall be prepared by the BUYER) · Anti fouling (TBT free) Certificate · Statement of compliance for voyage data recorder system · Certificate for life boat, lifesaving appliances and firefighting equipment · Statement of Compliance for Inventory of Hazardous Materials · International Energy Efficiency Certificate (IEEC) *SEEMP (Ship Energy Efficiency Management Plan) shall be prepared by BUYER. Any other certificate required by the CLASSIFICATION SOCIETY and/or other relevant regulatory bodies as specified in the SPECIFICATION and/or the PLANS However, it is agreed by the parties that if the Classification Certificate and/or other ...
DOCUMENTS TO BE DELIVERED TO THE BUYER. On the Closing Date, the Company and the Seller will deliver, or cause to be delivered, to the Buyer:
(a) certificates, if certificated, representing the Equity, duly endorsed or accompanied by powers duly executed in blank and otherwise in form acceptable for transfer on the books of the Company;
(b) a certificate, in form and substance reasonably acceptable to the Buyer, executed by an appropriate officer of the Company, dated the Closing Date, and certifying that attached thereto are true and complete copies of: (i) the Charter and Governing Documents of the Company immediately prior to the and immediately after, the Reorganization; and (ii) the resolutions duly adopted by the Seller and board of managers of the Company authorizing the execution, delivery, and performance by the Company of this Agreement and each Transaction Document to which the Company is a party and the Reorganization, which resolutions have not been modified, rescinded, or amended and are in full force and effect as of the Closing Date;
(c) a certificate of good standing of the Company from the Commonwealth of Virginia and each jurisdiction where the Company is qualified to do business as a foreign entity, dated not earlier than thirty (30) days prior to the Closing Date;
(d) consents or waivers of third parties with respect to the Contracts or Government Contracts listed on Schedule 3.2(d) in form reasonably satisfactory to Buyer;
(e) written resignations and releases signed by the directors (other than Xxxx Xxxx) and officers of the Company;
(f) an IRS Form W-9 for the Seller and each of the Owners;
(g) an affidavit executed by the Seller to the effect that it is not a “foreign person” within the meaning of Code Section 1445;
(h) the Escrow Agreement, duly executed by the Seller;
(i) the Flow of Funds Memorandum, duly executed by the Company, the Seller and the Sellers’ Representative;
(j) the Discharges duly executed by each payee and documentation reasonably satisfactory to the Buyer evidencing the release and extinguishment of all of the Liens on any of the assets of the Company;
(k) evidence that each step of the Reorganization, including applicable Tax elections, properly were effected in accordance with applicable corporate and Tax Law;
(l) reasonably suitable documentation for the control of all bank and other financial accounts set forth on Schedule 5.19, as reasonably prescribed by the Buyer;
(m) the books and records of the Company, including the equity ledger, minute bo...
DOCUMENTS TO BE DELIVERED TO THE BUYER. Upon delivery and acceptance of the VESSEL, the BUILDER shall deliver to the BUYER the following documents, which shall accompany the aforementioned PROTOCOL OF DELIVERY AND ACCEPTANCE:
(a) PROTOCOL OF TRIALS of the VESSEL made pursuant to this CONTRACT and the SPECIFICATIONS,
(b) PROTOCOL OF INVENTORY of the equipment of the VESSEL, including spare parts, all as specified in the SPECIFICATIONS,
(c) PROTOCOL OF STORES OF CONSUMABLE NATURE, such as all fuel oil and fresh water remaining in tanks if its cost is charged to the BUYER under Article VI. 4. hereof,
DOCUMENTS TO BE DELIVERED TO THE BUYER. Acceptance of the Vessel by the Buyer shall be conditioned upon receipt by the Buyer of the following duly authenticated documents to be provided by the Seller and/or the Builder, which shall accompany the aforementioned PROTOCOL OF DELIVERY AND ACCEPTANCE:
(a) COMMERCIAL INVOICE. {N1783113.1.2}
(b) DECLARATION OF WARRANTY of the Seller that the Vessel is delivered to the Buyer free and clear of any and all liens, claims or other encumbrances upon the Vessel and Buyer's title thereof, and in particular, that the Vessel is absolutely free of all burdens in the nature of imposts, taxes or charges imposed by the city, state or country of the port of delivery, as well as of all liabilities arising from the construction or operation of the Vessel in trial runs or otherwise, prior to delivery and acceptance.
(c) PROTOCOL OF TRIALS of the VESSEL made pursuant to the Specifications.
(d) PROTOCOL OF INVENTORY of the equipment of the VESSEL, including spare parts and the like, all as specified in the specifications.
(e) PROTOCOL OF STORES OF CONSUMABLE NATURE referred to under paragraph 6) of Article VII hereof, including the original purchase price thereof.
(f) FINISHED DRAWINGS AND PLANS and instruction books pertaining to the Vessel as stipulated in the Specifications.