Common use of Fixed Charge Clause in Contracts

Fixed Charge. 3.1 The Owner with full title guarantee, hereby charges and agrees to charge and releases and agrees to release to the Bank as a continuing security for payment of the Outstanding Indebtedness, by way of first fixed charge, the Secured Property. 3.2 Upon the occurrence of a Default the charge shall become enforceable and the Bank shall be entitled then or at any later time or times to appropriate all or any part of the Secured Property in or towards discharge of the then Outstanding Indebtedness or any part thereof, and may do so notwithstanding that any maturity date attached to any part or parts of the Secured Property may not yet have arrived. 3.3 A certificate signed by a director or other senior officer of the Bank and which states that on a specified date and (if the certificate also states this) at a specified time the Bank exercised its rights under this clause to appropriate a specified amount of Secured Property in the discharge of a specified amount of the Outstanding Indebtedness shall be conclusive evidence that: 3 3.1 the Bank's liabilities in respect of the specified amount of Secured Property; and 3 3.2 the specified amount of Outstanding Indebtedness, were extinguished and discharged on the specified date and, if so stated, at the specified time.

Appears in 1 contract

Samples: Loan Agreement (Safe Bulkers, Inc.)

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Fixed Charge. 3.1 The Owner with full title guarantee, hereby charges and agrees to charge and releases and agrees to release to the Bank Lender as a continuing security for payment of the Outstanding Indebtedness, by way of first fixed charge, the Secured Property. 3.2 Upon the occurrence of a Default the charge shall become enforceable and the Bank Lender shall be entitled then or at any later time or times to appropriate all or any part of the Secured Property in or towards discharge of the then Outstanding Indebtedness or any part thereof, and may do so notwithstanding that any maturity date attached to any part or parts of the Secured Property may not yet have arrived. 3.3 A certificate signed by a director or other senior officer of the Bank Lender and which states that on a specified date and (if the certificate also states this) at a specified time the Bank Lender exercised its rights under this clause to appropriate a specified amount of Secured Property in the discharge of a specified amount of the Outstanding Indebtedness shall be conclusive evidence that: 3 3.1 3.3.1 the Bank's Lender’s liabilities in respect of the specified amount of Secured Property; and 3 3.2 3.3.2 the specified amount of Outstanding Indebtedness, were extinguished and discharged on the specified date and, if so stated, at the specified time.

Appears in 1 contract

Samples: Loan Agreement (Safe Bulkers, Inc.)

Fixed Charge. 3.1 The Owner Borrower with full title guarantee, hereby charges and agrees to charge and releases and agrees to release to the Bank as a continuing security for payment of the Outstanding Indebtedness, by way of first fixed charge, the Secured Property. 3.2 Upon the occurrence of a Default the charge shall become enforceable and the Bank shall be entitled then or at any later time or times to appropriate all or any part of the Secured Property in or towards discharge of the then Outstanding Indebtedness or any part thereof, and may do so notwithstanding that any maturity date attached to any part or parts of the Secured Property may not yet have arrived. 3.3 A certificate signed by a director or other senior officer of the Bank and which states that on a specified date and (if the certificate also states this) at a specified time the Bank exercised its rights under this clause to appropriate a specified amount of Secured Property in the discharge of a specified amount of the Outstanding Indebtedness shall be conclusive evidence that: 3 3.1 3.3.1 the Bank's ’s liabilities in respect of the specified amount of Secured Property; and 3 3.2 3.3.2 the specified amount of Outstanding Indebtedness, Indebtedness were extinguished and discharged on the specified date and, if so stated, at the specified time.

Appears in 1 contract

Samples: Loan Agreement (Safe Bulkers, Inc.)

Fixed Charge. 3.1 The Owner with full title guarantee, hereby charges and agrees to charge and releases and agrees to release release. to the Bank as a continuing security for payment of the Outstanding Indebtedness, by way of first fixed charge, the Secured Property. 3.2 Upon the occurrence of a Default the charge shall become enforceable and the Bank shall be entitled then or at any later time or times to appropriate all or any part of the Secured Property in or towards discharge of the then Outstanding Indebtedness or any part thereof, and may do so notwithstanding that any maturity date attached to any part or parts of the Secured Property may not yet have arrived. 3.3 A certificate signed by a director or other senior officer of the Bank and which states that on a specified date and (if the certificate also states this) at a specified time the Bank exercised its rights under this clause to appropriate a specified amount of Secured Property in the discharge of a specified amount of the Outstanding Indebtedness shall be conclusive evidence that: 3 3.1 3.3.1 the Bank's ’s liabilities in respect of the specified amount of Secured Property; and 3 3.2 3.3.2 the specified amount of Outstanding Indebtedness, were extinguished and discharged on the specified date and, if so stated, at the specified time.

Appears in 1 contract

Samples: Loan Agreement (Safe Bulkers, Inc.)

Fixed Charge. 3.1 The Owner Owners, with full title guarantee, hereby charges charge and agrees agree to charge and releases release and agrees agree to release to the Bank Lender, as a continuing security for payment of the Outstanding Indebtedness, by way of first fixed charge, the Secured Property. 3.2 Upon the occurrence of a an Event of Default the charge shall become enforceable and the Bank Lender shall be entitled then or at any later time or times to appropriate all or any part of the Secured Property in or towards discharge of the then Outstanding Indebtedness or any part thereof, and may do so notwithstanding that any maturity date attached to any part or parts of the Secured Property may not yet have arrived. 3.3 A certificate signed by a director or other senior officer of the Bank Lender and which states that on a specified date and (if the certificate also states this) at a specified time the Bank Lender exercised its rights under this clause to appropriate a specified amount of Secured Property in the discharge of a specified amount of the Outstanding Indebtedness shall be conclusive evidence that: 3 3.1 3.3.1 the BankLender's liabilities in respect of the specified amount of Secured Property; and 3 3.2 3.3.2 the specified amount of the Outstanding Indebtedness, were extinguished and discharged on the specified date and, if so stated, at the specified time.

Appears in 1 contract

Samples: Loan Agreement (Aegean Marine Petroleum Network Inc.)

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Fixed Charge. 3.1 The Owner with full title guarantee, hereby charges and agrees to charge and releases and agrees to release to the Bank as a continuing security for payment of the Outstanding Indebtedness, by way of first fixed charge, the Secured Property. 3.2 Upon the occurrence of a Default the charge shall become enforceable and the Bank shall be entitled then or at any later time or times to appropriate all or any part of the Secured Property in or towards discharge of the then Outstanding Indebtedness or any part thereof, and may do so notwithstanding that any maturity date attached to any part or parts of the Secured Property may not yet have arrived. 3.3 A certificate signed by a director or other senior officer of the Bank and which states that on a specified date and (if the certificate also states this) at a specified time the Bank exercised its rights under this clause to appropriate a specified amount of Secured Property in the discharge of a specified amount of the Outstanding Indebtedness shall be conclusive evidence that: 3 3.1 3.3.1 the Bank's ’s liabilities in respect of the specified amount of Secured Property; and 3 3.2 3.3.2 the specified amount of Outstanding Indebtedness, were extinguished and discharged on the specified date and, if so stated, at the specified time.

Appears in 1 contract

Samples: Loan Agreement (Safe Bulkers, Inc.)

Fixed Charge. 3.1 The Owner Borrower with full title guarantee, guarantee hereby charges and agrees to charge and releases and agrees to release to the Bank as a continuing security for payment of the Outstanding Indebtedness, Indebtedness by way of first fixed charge, charge the Secured Property. 3.2 Upon the occurrence of a an Event of Default the charge shall become enforceable and the Bank shall be entitled then or at any later time or times to appropriate all or any part of the Secured Property in or towards discharge of the then Outstanding Indebtedness or any part thereof, and may do so notwithstanding that any maturity date attached to any part or parts of the Secured Property may not yet have arrived. 3.3 A certificate signed by a director or other senior officer of the Bank and which states that on a specified date and (if the certificate also states this) at a specified time the Bank exercised its rights under this clause to appropriate a specified amount of Secured Property in the discharge of a specified amount of the Outstanding Indebtedness shall be conclusive evidence that: 3 3.1 3.3.1 the Bank's ’s liabilities in respect of the specified amount of Secured Property; and 3 3.2 3.3.2 the specified amount of Outstanding Indebtedness, were extinguished and discharged on the specified date and, if so stated, at the specified time.

Appears in 1 contract

Samples: Facility Agreement (Globus Maritime LTD)

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