Common use of FIFTHLY Clause in Contracts

FIFTHLY. in retention of an amount equal to any amount not then due and payable under any Finance Document or the Master Agreement but which the Lender, by notice to the Borrower and the Security Parties, states in its opinion will or may become due and payable in the future and, upon those amounts becoming due and payable, in or towards satisfaction of them in accordance with the provisions of Clause 16.1(a), 16.1(b), 16.1(c) and 16.1(d); and

Appears in 5 contracts

Samples: Loan Agreement (Box Ships Inc.), Agreement (Paragon Shipping Inc.), Loan Agreement (Box Ships Inc.)

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FIFTHLY. in retention of an amount equal to any amount not then due and payable under any Finance Document or the Master Agreement but which the Lender, by notice to the Borrower and the Security Parties, states in its opinion will or may become due and payable in the future and, upon those amounts becoming due and payable, in or towards satisfaction of them in accordance with the provisions of Clause 16.1(a16.1 (a), 16.1(b16.1 (b), 16.1(c) and 16.1(d16.1 (d); and

Appears in 1 contract

Samples: Loan Agreement (Box Ships Inc.)

FIFTHLY. in retention of an amount equal to any amount not then due and payable under any Finance Document or the Master Agreement but which the Lender, by notice to the Borrower Borrowers and the Security Parties, states in its opinion will or may become due and payable in the future and, upon those amounts becoming due and payable, in or towards satisfaction of them in accordance with the provisions of Clause 16.1(a), 16.1(b), 16.1(c) and 16.1(d); and

Appears in 1 contract

Samples: Loan Agreement (Scorpio Bulkers Inc.)

FIFTHLY. in retention of an amount equal to any amount not then due and payable under any Finance Document or the Master Agreement but which the Lender, by notice to the Borrower and the Security PartiesBorrower, states in its opinion will or may become due and payable in the future and, upon those amounts becoming due and payable, in or towards satisfaction of them in accordance with the provisions of Clause 16.1(a77.1(a), 16.1(b7.1(b), 16.1(c7.1(c) and 16.1(d7.1(d); and

Appears in 1 contract

Samples: Loan Agreement (Seanergy Maritime Holdings Corp.)

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FIFTHLY. in retention of an amount equal to any amount not then due and payable under any Finance Document or (other than in relation to the Master Agreement Agreements) but which the LenderAgent, by notice to the Borrower Borrowers, the Security Parties and the Security other Creditor Parties, states in its opinion will or may become due and payable in the future and, upon those amounts becoming due and payable, in or towards satisfaction of them in accordance with the provisions of Clause 16.1(a), 16.1(b), 16.1(c) and 16.1(d); and

Appears in 1 contract

Samples: Loan Agreement (Euronav NV)

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