Further protections for the Finance Parties. In addition to the terms set out in Clause 22.3 (Terms of obligatory insurances), the Borrowers shall procure that the obligatory insurances shall: (a) subject always to paragraph (b), name the Borrower owning such Ship as the sole named assured unless the interest of every other named assured is limited: (i) in respect of any obligatory insurances for hull and machinery and war risks; (A) to any provable out-of-pocket expenses that it has incurred and which form part of any recoverable claim on underwriters; and (B) to any third party liability claims where cover for such claims is provided by the policy (and then only in respect of discharge of any claims made against it); and (ii) in respect of any obligatory insurances for protection and indemnity risks, to any recoveries it is entitled to make by way of reimbursement following discharge of any third party liability claims made specifically against it; and every other named assured has undertaken in writing to the Security Agent (in such form as it requires) that any deductible shall be apportioned between the Owning Borrower and every other named assured in proportion to the gross claims made or paid by each of them and that it shall do all things necessary and provide all documents, evidence and information to enable the Security Agent to collect or recover any moneys which at any time become payable in respect of the obligatory insurances; (b) whenever the Facility Agent requires, name (or be amended to name) the Security Agent as additional named assured for its rights and interests, warranted no operational interest and with full waiver of rights of subrogation against the Security Agent, but without the Security Agent thereby being liable to pay (but having the right to pay) premiums, calls or other assessments in respect of such insurance; (c) name the Security Agent as loss payee with such directions for payment as the Facility Agent may specify; (d) provide that all payments by or on behalf of the insurers under the obligatory insurances to the Security Agent shall be made without set off, counterclaim or deductions or condition whatsoever; (e) provide that the obligatory insurances shall be primary without right of contribution from other insurances which may be carried by the Security Agent or any other Finance Party; and (f) provide that the Security Agent may make proof of loss if the Borrowers fail to do so.
Appears in 2 contracts
Samples: Term Loan Facility (Ardmore Shipping Corp), Term Loan Facility (Ardmore Shipping Corp)
Further protections for the Finance Parties. In addition to the terms set out in Clause 22.3 27.3 (Terms of obligatory insurances), the Borrowers each Borrower shall procure that the obligatory insurances effected by it shall:
(a) subject always to paragraph (b), name the Borrower owning such Ship that Xxxxxxxx as the sole named assured unless the interest of every other named assured is limited:
(i) in respect of any obligatory insurances for hull and machinery and war risks;
(A) to any provable out-of-pocket expenses that it has incurred and which form part of any recoverable claim on underwriters; and
(B) to any third party liability claims where cover for such claims is provided by the policy (and then only in respect of discharge of any claims made against it); and
(ii) in respect of any obligatory insurances for protection and indemnity risks, to any recoveries it is entitled to make by way of reimbursement following discharge of any third party liability claims made specifically against it; and every other named assured has undertaken in writing to the Security Agent (in such form as it requires) that any deductible shall be apportioned between the Owning that Borrower and every other named assured in proportion to the gross claims made or paid by each of them and that it shall do all things necessary and provide all documents, evidence and information to enable the Security Agent to collect or recover any moneys which at any time become payable in respect of the obligatory insurances;
(b) whenever the Facility Agent requires, name (or be amended to name) the Security Agent as additional named assured for its rights and interests, warranted no operational interest and with full waiver of rights of subrogation against the Security Agent, but without the Security Agent thereby being liable to pay (but having the right to pay) premiums, calls or other assessments in respect of such insuranceinsurance Provided that this paragraph (b) shall not apply to the protection and indemnity risks;
(c) name the Security Agent as loss payee with such directions for payment as the Facility Agent may specify;
(d) provide that all payments by or on behalf of the insurers under the obligatory insurances to the Security Agent shall be made without set off, counterclaim or deductions or condition whatsoever;
(e) provide that the obligatory insurances shall be primary without right of contribution from other insurances which may be carried by the Security Agent or any other Finance Party; and
(f) provide that the Security Agent may make proof of loss if the Borrowers fail that Xxxxxxxx fails to do so.
Appears in 2 contracts
Samples: Loan Agreement (Ardmore Shipping Corp), Term and Accordion Facilities Agreement (Ardmore Shipping Corp)
Further protections for the Finance Parties. In addition to the terms set out in Clause 22.3 (Terms of obligatory insurances), the Borrowers Borrower shall procure that the obligatory insurances shall:
(a) subject always to paragraph (b), name no-one other than the Borrower owning such Ship Borrower, the First Bareboat Charterer and the Second Bareboat Charterer as the sole named assured co-assureds unless the interest of every other named assured insured is limited:
(i) in respect of any obligatory insurances for hull and machinery and war risks;
(A) to any provable out-of-pocket expenses that it has incurred and which form part of any recoverable claim on underwriters; and
(B) to any third party liability claims where cover for such claims is provided by the policy (and then only in respect of discharge of any claims made against it); and
(ii) in respect of any obligatory insurances for protection and indemnity risks, to any recoveries it is entitled to make by way of reimbursement following discharge of any third party liability claims made specifically against it; and every other such named assured insured has undertaken in writing to the Security Agent (in such form as it requires) that any deductible shall be apportioned between the Owning Borrower Borrower, the First Bareboat Charterer, the Second Bareboat Charterer, and every other named assured insured in proportion to the gross claims made or paid by each of them and that it shall do all things necessary and provide all documents, evidence and information to enable the Security Agent to collect or recover any moneys which at any time become payable in respect of the obligatory insurances;
(b) whenever the Facility Agent requires, name (or be amended to name) the Security Agent as additional named assured insured for its rights and interests, warranted no operational interest and with full waiver of rights of subrogation against the Security Agent, but without the Security Agent thereby being liable to pay (but having the right to pay) premiums, calls or other assessments in respect of such insurance;
(c) name the Security Agent as loss payee with such directions for payment as the Facility Agent may specify;
(d) provide that all payments by or on behalf of the insurers under the obligatory insurances to the Security Agent shall be made without set off, counterclaim or deductions or condition whatsoever;
(e) provide that the obligatory insurances shall be primary without right of contribution from other insurances which may be carried by the Security Agent or any other Finance Party; and
(f) provide that the Security Agent may make proof of loss if the Borrowers fail Borrower fails to do so.
Appears in 2 contracts
Samples: Term Loan Facility (Grindrod Shipping Holdings Ltd.), Facility Agreement (Grindrod Shipping Holdings Pte. Ltd.)
Further protections for the Finance Parties. In addition to the terms set out in Clause 22.3 23.3 (Terms of obligatory insurances), the Borrowers each Borrower shall procure that the obligatory insurances shall:
(a) subject always to paragraph (b), name the relevant Borrower owning such Ship as the sole named assured insured unless the interest of every other named assured insured is limited:
(i) in respect of any obligatory insurances for hull and machinery and war risks;
(A) to any provable out-of-pocket expenses that it has incurred and which form part of any recoverable claim on underwriters; and
(B) to any third party liability claims where cover for such claims is provided by the policy (and then only in respect of discharge of any claims made against it); and
(ii) in respect of any obligatory insurances for protection and indemnity risks, to any recoveries it is entitled to make by way of reimbursement following discharge of any third party liability claims made specifically against it; and every other named assured insured has undertaken in writing to the Security Agent (in such form as it requiresrequires acting on the instructions of the Facility Agent acting on the instructions of the Majority Lenders) that any deductible shall be apportioned between the Owning relevant Borrower and every other named assured insured in proportion to the gross claims made or paid by each of them and that it shall do all things necessary and provide all documents, evidence and information to enable the Security Agent to collect or recover any moneys which at any time become payable in respect of the obligatory insurances;
(b) whenever the Facility Agent requiresrequires (acting on the instructions of the Majority Lenders), name (or be amended to name) the Security Agent as additional named assured insured for its rights and interests, warranted no operational interest and with full waiver of rights of subrogation against the Security Agent, but without the Security Agent thereby being liable to pay (but having the right to pay) premiums, calls or other assessments in respect of such insurance;
(c) name the Security Agent as loss payee with such directions for payment as the Facility Agent may specifyspecify (acting on the instructions of the Majority Lenders);
(d) provide that all payments by or on behalf of the insurers under the obligatory insurances to the Security Agent shall be made without set off, counterclaim or deductions or condition whatsoever;
(e) provide that the obligatory insurances shall be primary without right of contribution from other insurances which may be carried by the Security Agent or any other Finance Party; and
(f) provide that the Security Agent may make proof of loss if the Borrowers fail relevant Borrower fails to do so.
Appears in 2 contracts
Samples: Term Loan Facility (United Maritime Corp), Facility Agreement (United Maritime Corp)
Further protections for the Finance Parties. In addition to the terms set out in Clause 22.3 24.3 (Terms of obligatory insurances), the Borrowers each Borrower shall procure that the obligatory insurances shall:
(a) subject always to paragraph (b), name the Borrower owning such Ship that Bxxxxxxx as the sole named assured insured unless the interest of every other named assured insured is limited:
(i) in respect of any obligatory insurances for hull and machinery and war risks;
(A) to any provable out-of-pocket expenses that it has incurred and which form part of any recoverable claim on underwriters; and
(B) to any third party liability claims where cover for such claims is provided by the policy (and then only in respect of discharge of any claims made against it); and
(ii) in respect of any obligatory insurances for protection and indemnity risks, to any recoveries it is entitled to make by way of reimbursement following discharge of any third party liability claims made specifically against it; and every other named assured insured has undertaken in writing to the Security Agent (in such form as it requires) that any deductible shall be apportioned between the Owning that Borrower and every other named assured insured in proportion to the gross claims made or paid by each of them and that it shall do all things necessary and provide all documents, evidence and information to enable the Security Agent to collect or recover any moneys which at any time become payable in respect of the obligatory insurances;
(b) whenever the Facility Agent requires, name (or be amended to name) the Security Agent as additional named assured insured for its rights and interests, warranted no operational interest and with full waiver of rights of subrogation against the Security Agent, but without the Security Agent thereby being liable to pay (but having the right to pay) premiums, calls or other assessments in respect of such insurance;
(c) name the Security Agent as loss payee with such directions for payment as the Facility Agent may specify;
(d) provide that all payments by or on behalf of the insurers under the obligatory insurances to the Security Agent shall be made without set off, counterclaim or deductions or condition whatsoever;
(e) provide that the obligatory insurances shall be primary without right of contribution from other insurances which may be carried by the Security Agent or any other Finance Party; and
(f) provide that the Security Agent may make proof of loss if the Borrowers fail that Bxxxxxxx fails to do so.
Appears in 2 contracts
Samples: Facility Agreement (Okeanis Eco Tankers Corp.), Facility Agreement (Okeanis Eco Tankers Corp.)
Further protections for the Finance Parties. In addition to the terms set out in Clause 22.3 21.3 (Terms of obligatory insurances), the Borrowers each Guarantor shall procure that the obligatory insurances effected by it shall:
(a) subject always to paragraph (b), name the Borrower owning such Ship that Guarantor as the sole named assured unless the interest of every other named assured is limited:
(i) in respect of any obligatory insurances for hull and machinery and war risks;
(A) to any provable out-of-pocket expenses that it has incurred and which form part of any recoverable claim on underwriters; and
(B) to any third party liability claims where cover for such claims is provided by the policy (and then only in respect of discharge of any claims made against it); and
(ii) in respect of any obligatory insurances for protection and indemnity risks, to any recoveries it is entitled to make by way of reimbursement following discharge of any third party liability claims made specifically against it; and every other named assured has undertaken in writing to the Security Agent Trustee (in such form as it requires) that any deductible shall be apportioned between the Owning Borrower that Guarantor and every other named assured in proportion to the gross claims made or paid by each of them and that it shall do all things necessary and provide all documents, evidence and information to enable the Security Agent Trustee to collect or recover any moneys which at any time become payable in respect of the obligatory insurances;
(b) whenever the Facility Agent requires, name (or be amended to name) the Security Agent Trustee as additional named assured for its rights and interests, warranted no operational interest and with full waiver of rights of subrogation against the Security AgentTrustee, but without the Security Agent Trustee thereby being liable to pay (but having the right to pay) premiums, calls or other assessments in respect of such insurance;
(c) name the Security Agent Trustee as loss payee with such directions for payment as the Facility Agent may specify;
(d) provide that all payments by or on behalf of the insurers under the obligatory insurances to the Security Agent Trustee shall be made without set off, counterclaim or deductions or condition whatsoever, subject to Clause 21.6(b)(vi) below;
(e) provide that the obligatory insurances shall be primary without right of contribution from other insurances which may be carried by the Security Agent Trustee or any other Finance Party; and
(f) provide that the Security Agent Trustee may make proof of loss if the Borrowers fail that Guarantor fails to do so.
Appears in 2 contracts
Samples: Credit Agreement (DHT Holdings, Inc.), Credit Agreement (DHT Holdings, Inc.)
Further protections for the Finance Parties. In addition to the terms set out in Clause 22.3 21.3 (Terms of obligatory insurances), the Borrowers each Borrower shall procure that the obligatory insurances shall:
(a) subject always to paragraph (b), name that Xxxxxxxx, the Borrower owning such Ship Guarantor or any Approved Manager as the sole named assured or co-assureds unless the interest of every other named assured is limited:
(i) in respect of any obligatory insurances for hull and machinery and war risks;
(A) to any provable out-of-pocket expenses that it has incurred and which form part of any recoverable claim on underwriters; and
(B) to any third party liability claims where cover for such claims is provided by the policy (and then only in respect of discharge of any claims made against it); and
(ii) in respect of any obligatory insurances for protection and indemnity risks, to any recoveries it is entitled to make by way of reimbursement following discharge of any third party liability claims made specifically against it; and every other named assured insured has undertaken in writing to the Security Agent (in such form as it requires) that any deductible shall be apportioned between the Owning that Borrower and every other named assured insured in proportion to the gross claims made or paid by each of them and that it shall do all things necessary and provide all documents, evidence and information to enable the Security Agent to collect or recover any moneys which at any time become payable in respect of the obligatory insurances;
(b) whenever the Facility Agent requires, name (or be amended to name) the Security Agent as additional named assured insured for its rights and interests, warranted no operational interest and with full waiver of rights of subrogation against the Security Agent, but without the Security Agent thereby being liable to pay (but having the right to pay) premiums, calls or other assessments in respect of such insurance;
(c) name the Security Agent as loss payee with such directions for payment as the Facility Agent may specify;
(d) provide that all payments by or on behalf of the insurers under the obligatory insurances to the Security Agent shall be made without set off, counterclaim or deductions or condition whatsoever;
(e) provide that the obligatory insurances shall be primary without right of contribution from other insurances which may be carried by the Security Agent or any other Finance Party; and
(f) provide that the Security Agent may make proof of loss if the Borrowers fail that Xxxxxxxx fails to do so.
Appears in 2 contracts
Samples: Facility Agreement (Navios Maritime Partners L.P.), Facility Agreement (Navios Maritime Partners L.P.)
Further protections for the Finance Parties. In addition to the terms set out in Clause 22.3 (Terms of obligatory insurances), the Borrowers each Borrower shall procure that the obligatory insurances effected by it shall:
(a) subject always to paragraph (b), name that Xxxxxxxx, the Borrower owning such Ship Guarantor or any Approved Manager as the sole named assured or co-assureds unless the interest of every other named assured is limited:
(i) in respect of any obligatory insurances for hull and machinery and war risks;
(A) to any provable out-of-pocket expenses that it has incurred and which form part of any recoverable claim on underwriters; and
(B) to any third party liability claims where cover for such claims is provided by the policy (and then only in respect of discharge of any claims made against it); and
(ii) in respect of any obligatory insurances for protection and indemnity risks, to any recoveries it is entitled to make by way of reimbursement following discharge of any third party liability claims made specifically against it; and every other named assured insured has undertaken in writing to the Security Agent (in such form as it requires) that any deductible shall be apportioned between the Owning that Borrower and every other named assured insured in proportion to the gross claims made or paid by each of them and that it shall do all things necessary and provide all documents, evidence and information to enable the Security Agent to collect or recover any moneys which at any time become payable in respect of the obligatory insurances;
(b) whenever the Facility Agent requires, name (or be amended to name) the Security Agent as additional named assured insured for its rights and interests, warranted no operational interest and with full waiver of rights of subrogation against the Security Agent, but without the Security Agent thereby being liable to pay (but having the right to pay) premiums, calls or other assessments in respect of such insurance;
(c) name the Security Agent as loss payee with such directions for payment as the Facility Agent may specify;
(d) provide that all payments by or on behalf of the insurers under the obligatory insurances to the Security Agent shall be made without set off, counterclaim or deductions or condition whatsoever;
(e) provide that the obligatory insurances shall be primary without right of contribution from other insurances which may be carried by the Security Agent or any other Finance Party; and
(f) provide that the Security Agent may make proof of loss if the Borrowers fail that Xxxxxxxx fails to do so.
Appears in 2 contracts
Samples: Term Loan Facility (Navios Maritime Partners L.P.), Facility Agreement (Navios Maritime Partners L.P.)
Further protections for the Finance Parties. In addition to the terms set out in Clause 22.3 24.3 (Terms of obligatory insurances), the Borrowers each Borrower shall procure that the obligatory insurances effected by it shall:
(a) subject always to paragraph (b), name the that Borrower owning such Ship as the sole named assured unless the interest of every other named assured is limited:
(i) in respect of any obligatory insurances for hull and machinery and war risks;
(A) to any provable out-of-pocket expenses that it has incurred and which form part of any recoverable claim on underwriters; and
(B) to any third party liability claims where cover for such claims is provided by the policy (and then only in respect of discharge of any claims made against it); and
(ii) in respect of any obligatory insurances for protection and indemnity risks, to any recoveries it is entitled to make by way of reimbursement following discharge of any third party liability claims made specifically against it; and every other named assured has undertaken in writing to the Security Agent (in such form as it requires) that any deductible shall be apportioned between the Owning that Borrower and every other named assured in proportion to the gross claims made or paid by each of them and that it shall do all things necessary and provide all documents, evidence and information to enable the Security Agent to collect or recover any moneys which at any time become payable in respect of the obligatory insurances;
(b) whenever the Facility Agent requires, name (or be amended to name) the Security Agent as additional named assured for its rights and interests, warranted no operational interest and with full waiver of rights of subrogation against the Security Agent, but without the Security Agent thereby being liable to pay (but having the right to pay) premiums, calls or other assessments in respect of such insurance;
(c) name the Security Agent as loss payee with such directions for payment as the Facility Agent may specify;
(d) provide that all ail payments by or on behalf of the insurers under the obligatory insurances to the Security Agent shall be made without set off, counterclaim or deductions or condition whatsoever;
(e) provide that the obligatory insurances shall be primary without right of contribution from other insurances which may be carried by the Security Agent or any other Finance Party; and
(f) provide that the Security Agent may make proof of loss if the Borrowers fail that Borrower fails to do so.,
Appears in 2 contracts
Samples: Term Loan Facility (Dorian LPG Ltd.), Term Loan Facility (Dorian LPG Ltd.)
Further protections for the Finance Parties. In addition to the terms set out in Clause 22.3 25.3 (Terms of obligatory insurances), the Borrowers each Borrower shall procure that the obligatory insurances effected by it shall:
(a) subject always to paragraph (b), name the Borrower owning such Ship that Bxxxxxxx as the sole named assured unless the interest of every other named assured is limited:
(i) in respect of any obligatory insurances for hull and machinery and war risks;
(A) to any provable out-of-pocket expenses that it has incurred and which form part of any recoverable claim on underwriters; and
(B) to any third party liability claims where cover for such claims is provided by the policy (and then only in respect of discharge of any claims made against it); and
(ii) in respect of any obligatory insurances for protection and indemnity risks, to any recoveries it is entitled to make by way of reimbursement following discharge of any third party liability claims made specifically against it; and every other named assured has undertaken in writing to the Security Agent (in such form as it requires) that any deductible shall be apportioned between the Owning that Borrower and every other named assured in proportion to the gross claims made or paid by each of them and that it shall do all things necessary and provide all documents, evidence and information to enable the Security Agent to collect or recover any moneys which at any time become payable in respect of the obligatory insurances;
(b) whenever the Facility Agent requires, name (or be amended to name) the Security Agent as additional named assured for its rights and interests, warranted no operational interest and with full waiver of rights of subrogation against the Security Agent, but without the Security Agent thereby being liable to pay (but having the right to pay) premiums, calls or other assessments in respect of such insuranceinsurance Provided that this paragraph (b) shall not apply to the protection and indemnity risks;
(c) name the Security Agent as loss payee with such directions for payment as the Facility Agent may specify;
(d) provide that all payments by or on behalf of the insurers under the obligatory insurances to the Security Agent shall be made without set off, counterclaim or deductions or condition whatsoever;
(e) provide that the obligatory insurances shall be primary without right of contribution from other insurances which may be carried by the Security Agent or any other Finance Party; and
(f) provide that the Security Agent may make proof of loss if the Borrowers fail that Bxxxxxxx fails to do so.
Appears in 2 contracts
Samples: Term Loan Facility (Ardmore Shipping Corp), Term Loan Facility (Ardmore Shipping Corp)
Further protections for the Finance Parties. In addition to the terms set out in Clause 22.3 21.3 (Terms of obligatory insurances), the Borrowers each Borrower shall procure that the obligatory insurances effected by it shall:
(a) subject always to paragraph (b), name that Xxxxxxxx, the Borrower owning such Ship Guarantor or any Approved Manager as the sole named assured or co-assured unless the interest of every other named assured is limited:
(i) in respect of any obligatory insurances for hull and machinery and war risks;
(A) to any provable out-of-pocket expenses that it has incurred and which form part of any recoverable claim on underwriters; and
(B) to any third party liability claims where cover for such claims is provided by the policy (and then only in respect of discharge of any claims made against it); and
(ii) in respect of any obligatory insurances for protection and indemnity risks, to any recoveries it is entitled to make by way of reimbursement following discharge of any third party liability claims made specifically against it; and every other named assured insured has undertaken in writing to the Security Agent (in such form as it requires) that any deductible shall be apportioned between the Owning that Borrower and every other named assured insured in proportion to the gross claims made or paid by each of them and that it shall do all things necessary and provide all documents, evidence and information to enable the Security Agent to collect or recover any moneys which at any time become payable in respect of the obligatory insurances;
(b) whenever the Facility Agent requires, name (or be amended to name) the Security Agent as additional named assured insured for its rights and interests, warranted no operational interest and with full waiver of rights of subrogation against the Security Agent, but without the Security Agent thereby being liable to pay (but having the right to pay) premiums, calls or other assessments in respect of such insurance;
(c) name the Security Agent as loss payee with such directions for payment as the Facility Agent may specify;
(d) provide that all payments by or on behalf of the insurers under the obligatory insurances to the Security Agent shall be made without set off, counterclaim or deductions or condition whatsoever;
(e) provide that the obligatory insurances shall be primary without right of contribution from other insurances which may be carried by the Security Agent or any other Finance Party; and
(f) provide that the Security Agent may make proof of loss if the Borrowers fail that Xxxxxxxx fails to do so.
Appears in 2 contracts
Samples: Term Loan Facility (Navios Maritime Partners L.P.), Facility Agreement (Navios Maritime Partners L.P.)
Further protections for the Finance Parties. In addition to the terms set out in Clause 22.3 22.3 (Terms of obligatory insurances), the Borrowers each Borrower shall procure that the obligatory insurances shall:
(a) subject always to paragraph (b(b), name the relevant Borrower owning such Ship as the sole named assured insured unless the interest of every other named assured insured is limited:
(i) in respect of any obligatory insurances for hull and machinery and war risks;
(A) to any provable out-of-pocket expenses that it has incurred and which form part of any recoverable claim on underwriters; and
(B) to any third party liability claims where cover for such claims is provided by the policy (and then only in respect of discharge of any claims made against it); and
(ii) in respect of any obligatory insurances for protection and indemnity risks, to any recoveries it is entitled to make by way of reimbursement following discharge of any third party liability claims made specifically against it; and every other named assured insured has undertaken in writing to the Security Agent (in such form as it requiresrequires acting on the instructions of the Facility Agent acting on the instructions of the Majority Lenders) that any deductible shall be apportioned between the Owning relevant Borrower and every other named assured insured in proportion to the gross claims made or paid by each of them and that it shall do all things necessary and provide all documents, evidence and information to enable the Security Agent to collect or recover any moneys which at any time become payable in respect of the obligatory insurances;
(b) whenever the Facility Agent requiresrequires (acting on the instructions of the Majority Lenders), name (or be amended to name) the Security Agent as additional named assured insured for its rights and interests, warranted no operational interest and with full waiver of rights of subrogation against the Security Agent, but without the Security Agent thereby being liable to pay (but having the right to pay) premiums, calls or other assessments in respect of such insurance;
(c) name the Security Agent as loss payee with such directions for payment as the Facility Agent may specifyspecify (acting on the instructions of the Majority Lenders);
(d) provide that all payments by or on behalf of the insurers under the obligatory insurances to the Security Agent shall be made without set off, counterclaim or deductions or condition whatsoever;
(e) provide that the obligatory insurances shall be primary without right of contribution from other insurances which may be carried by the Security Agent or any other Finance Party; and
(f) provide that the Security Agent may make proof of loss if the Borrowers fail relevant Borrower fails to do so.
Appears in 2 contracts
Samples: Facility Agreement (United Maritime Corp), Term Loan Facility (Seanergy Maritime Holdings Corp.)
Further protections for the Finance Parties. In addition to the terms set out in Clause 22.3 25.3 (Terms of obligatory insurances), the Borrowers each Borrower shall procure that the obligatory insurances effected by it shall:
(a) subject always to paragraph (b), name the Borrower owning such Ship that Bxxxxxxx as the sole named assured insured unless the interest of every other named assured insured is limited:
(i) in respect of any obligatory insurances for hull and machinery and war risks;:
(A) to any provable out-of-pocket expenses that it has incurred and which form part of any recoverable claim on underwriters; and
(B) to any third party liability claims where cover for such claims is provided by the policy (and then only in respect of discharge of any claims made against it); and
(ii) in respect of any obligatory insurances for protection and indemnity risks, to any recoveries it is entitled to make by way of reimbursement following discharge of any third party liability claims made specifically against it; and every other named assured insured has undertaken in writing to the Security Agent (in such form as it requires) that any deductible shall be apportioned between the Owning that Borrower and every other named assured insured in proportion to the gross claims made or paid by each of them and that it shall do all things necessary and provide all documents, evidence and information to enable the Security Agent to collect or recover any moneys which at any time become payable in respect of the obligatory insurances;
(b) whenever the Facility Agent requires, name (or be amended to name) the Security Agent as additional named assured insured for its rights and interests, warranted no operational interest and with full waiver of rights of subrogation against the Security Agent, but without the Security Agent thereby being liable to pay (but having the right to pay) premiums, calls or other assessments in respect of such insuranceinsurance Provided that this paragraph (b) shall not apply to the protection and indemnity risks;
(c) name the Security Agent as loss payee with such directions for payment as the Facility Agent may specify;
(d) provide that all payments by or on behalf of the insurers under the obligatory insurances to the Security Agent shall be made without set off, counterclaim or deductions or condition whatsoever;
(e) provide that the obligatory insurances shall be primary without right of contribution from other insurances which may be carried by the Security Agent or any other Finance Party; and
(f) provide that the Security Agent may make proof of loss if the Borrowers fail that Bxxxxxxx fails to do so.
Appears in 1 contract
Further protections for the Finance Parties. In addition to the terms set out in Clause 22.3 27.3 (Terms of obligatory insurances), the Borrowers each Borrower shall procure that the obligatory insurances effected by it shall:
(a) subject always to paragraph (b), name the Borrower owning such Ship that Bxxxxxxx as the sole named assured insured unless the interest of every other named assured insured is limited:
(i) in respect of any obligatory insurances for hull and machinery and war risks;
(A) to any provable out-of-pocket expenses that it has incurred and which form part of any recoverable claim on underwriters; and
(B) to any third party liability claims where cover for such claims is provided by the policy (and then only in respect of discharge of any claims made against it); and
(ii) in respect of any obligatory insurances for protection and indemnity risks, to any recoveries it is entitled to make by way of reimbursement following discharge of any third party liability claims made specifically against it; and every other named assured insured has undertaken in writing to the Security Agent (in such form as it requires) that any deductible shall be apportioned between the Owning that Borrower and every other named assured insured in proportion to the gross claims made or paid by each of them and that it shall do all things necessary and provide all documents, evidence and information to enable the Security Agent to collect or recover any moneys which at any time become payable in respect of the obligatory insurances;
(b) whenever the Facility Agent requires, name (or be amended to name) the Security Agent as additional named assured insured for its rights and interests, warranted no operational interest and with full waiver of rights of subrogation against the Security Agent, but without the Security Agent thereby being liable to pay (but having the right to pay) premiums, calls or other assessments in respect of such insurance;
(c) name the Security Agent as loss payee with such directions for payment as the Facility Agent may specify;
(d) provide that all payments by or on behalf of the insurers under the obligatory insurances to the Security Agent shall be made without set off, counterclaim or deductions or condition whatsoever;
(e) provide that the obligatory insurances shall be primary without right of contribution from other insurances which may be carried by the Security Agent or any other Finance Party; and
(f) provide that the Security Agent may make proof of loss if the Borrowers fail that Bxxxxxxx fails to do so.
Appears in 1 contract
Further protections for the Finance Parties. In addition to the terms set out in Clause 22.3 21.3 (Terms of obligatory insurances), the Borrowers Borrower shall procure that the obligatory insurances shall:
(a) subject always to paragraph (b), name the Borrower owning such Ship as the sole named assured insured unless the interest of every other named assured insured is limited:
(i) in respect of any obligatory insurances for hull and machinery and war risks;
(A) to any provable out-of-pocket expenses that it has incurred and which form part of any recoverable claim on underwriters; and
(B) to any third party liability claims where cover for such claims is provided by the policy (and then only in respect of discharge of any claims made against it); and
(ii) in respect of any obligatory insurances for protection and indemnity risks, to any recoveries it is entitled to make by way of reimbursement following discharge of any third party liability claims made specifically against it; and every other named assured insured has undertaken in writing to the Security Agent (in such form as it requiresrequires acting on the instructions of the Facility Agent acting on the instructions of the Majority Lenders) that any deductible shall be apportioned between the Owning Borrower and every other named assured insured in proportion to the gross claims made or paid by each of them and that it shall do all things necessary and provide all documents, evidence and information to enable the Security Agent to collect or recover any moneys which at any time become payable in respect of the obligatory insurances;
(b) whenever the Facility Agent requiresrequires (acting on the instructions of the Majority Lenders), name (or be amended to name) the Security Agent as additional named assured insured for its rights and interests, warranted no operational interest and with full waiver of rights of subrogation against the Security Agent, but without the Security Agent thereby being liable to pay (but having the right to pay) premiums, calls or other assessments in respect of such insurance;
(c) name the Security Agent as loss payee in accordance with the terms of the Facility Agreement with such directions for payment as the Facility Agent may specifyspecify (acting on the instructions of the Majority Lenders);
(d) provide that all payments by or on behalf of the insurers under the obligatory insurances to the Security Agent shall be made without set off, counterclaim or deductions or condition whatsoever;
(e) provide that the obligatory insurances shall be primary without right of contribution from other insurances which may be carried by the Security Agent or any other Finance Party; and
(f) provide that the Security Agent may make proof of loss if the Borrowers fail Borrower fails to do soso within a reasonable time period after a relevant request of the Security Agent.
Appears in 1 contract
Further protections for the Finance Parties. In addition to the terms set out in Clause 22.3 (Terms of obligatory insurances), the Borrowers each Borrower shall procure that the obligatory insurances effected by it shall:
(a) subject always to paragraph (b), name the that Borrower owning such Ship as the sole named assured insured unless the interest of every other named assured insured (including each Approved Manager as co-assured) is limited:
(i) in respect of any obligatory insurances for hull and machinery and war risks;
(A) to any provable out-of-pocket expenses that it has incurred and which form part of any recoverable claim on underwriters; and
(B) to any third party liability claims where cover for such claims is provided by the policy (and then only in respect of discharge of any claims made against it); and
(ii) in respect of any obligatory insurances for protection and indemnity risks, to any recoveries it is entitled to make by way of reimbursement following discharge of any third party liability claims made specifically against it; and every other named assured insured has undertaken in writing to the Security Agent (in such form as it requiresrequires (acting on the instructions of the Facility Agent acting on the instructions of the Majority Lenders) that any deductible shall be apportioned between the Owning that Borrower and every other named assured insured in proportion to the gross claims made or paid by each of them and that it shall do all things necessary and provide all documents, evidence and information to enable the Security Agent to collect or recover any moneys which at any time become payable in respect of the obligatory insurances;
(b) whenever the Facility Agent requiresrequires (acting on the instructions of the Majority Lenders), name (or be amended to name) the Security Agent as additional named assured insured for its rights and interests, warranted no operational interest and with full waiver of rights of subrogation against the Security Agent, but without the Security Agent thereby being liable to pay (but having the right to pay) premiums, calls or other assessments in respect of such insurance;
(c) name the Security Agent as loss payee with such directions for payment as the Facility Agent may specifyspecify (acting on the instructions of the Majority Lenders);
(d) provide that all payments by or on behalf of the insurers under the obligatory insurances to the Security Agent shall be made without set off, counterclaim or deductions or condition whatsoever;
(e) provide that the obligatory insurances shall be primary without right of contribution from other insurances which may be carried by the Security Agent or any other Finance Party; and
(f) provide that the Security Agent may make proof of loss if the Borrowers fail that Borrower fails to do so.,
Appears in 1 contract
Further protections for the Finance Parties. In addition to the terms set out in Clause 22.3 (Terms of obligatory insurances), the Borrowers each Owner shall procure that the obligatory insurances effected by it shall:
(a) subject always to paragraph (b), name the Borrower owning such Ship that Owner as the sole named assured insured unless the interest of every other named assured insured (including each Approved Manager as co-assured) is limited:
(i) in respect of any obligatory insurances for hull and machinery and war risks;
(A) to any provable out-of-pocket expenses that it has incurred and which form part of any recoverable claim on underwriters; and
(B) to any third party liability claims where cover for such claims is provided by the policy (and then only in respect of discharge of any claims made against it); and
(ii) in respect of any obligatory insurances for protection and indemnity risks, to any recoveries it is entitled to make by way of reimbursement following discharge of any third party liability claims made specifically against it; and every other named assured insured has undertaken in writing to the Security Agent (in such form as it requiresrequires (acting on the instructions of the Facility Agent acting on the instructions of the Majority Lenders)) that any deductible shall be apportioned between the Owning Borrower that Owner and every other named assured insured in proportion to the gross claims made or paid by each of them and that it shall do all things necessary and provide all documents, evidence and information to enable the Security Agent to collect or recover any moneys which at any time become payable in respect of the obligatory insurances;
(b) whenever the Facility Agent requiresrequires (acting on the instructions of the Majority Lenders), name (or be amended to name) the Security Agent as additional named assured insured for its rights and interests, warranted no operational interest and with full waiver of rights of subrogation against the Security Agent, but without the Security Agent thereby being liable to pay (but having the right to pay) premiums, calls or other assessments in respect of such insurance;
(c) name the Security Agent as loss payee with such directions for payment as the Facility Agent may specifyspecify (acting on the instructions of the Majority Lenders);
(d) provide that all payments by or on behalf of the insurers under the obligatory insurances to the Security Agent shall be made without set off, counterclaim or deductions or condition whatsoever;
(e) provide that the obligatory insurances shall be primary without right of contribution from other insurances which may be carried by the Security Agent or any other Finance Party; and
(f) provide that the Security Agent may make proof of loss if the Borrowers fail that Owner fails to do so.
Appears in 1 contract
Further protections for the Finance Parties. In addition to the terms set out in Clause 22.3 23.3 (Terms of obligatory insurances), the Borrowers each Borrower shall procure that the obligatory insurances shall:
(a) subject always to paragraph (b), name the that Borrower owning such Ship as the sole named assured insured unless the interest of every other named assured insured is limited:
(i) in respect of any obligatory insurances for hull and machinery and war risks;
(A) to any provable out-of-pocket expenses that it has incurred and which form part of any recoverable claim on underwriters; and
(B) to any third party liability claims where cover for such claims is provided by the policy (and then only in respect of discharge of any claims made against it); and
(ii) in respect of any obligatory insurances for protection and indemnity risks, to any recoveries it is entitled to make by way of reimbursement following discharge of any third party liability claims made specifically against it; and every other named assured insured has undertaken in writing to the Security Agent (in such form as it requires) that any deductible shall be apportioned between the Owning that Borrower and every other named assured insured in proportion to the gross claims made or paid by each of them and that it shall do all things necessary and provide all documents, evidence and information to enable the Security Agent to collect or recover any moneys which at any time become payable in respect of the obligatory insurances;
(b) whenever the Facility Agent requiresMajority Lenders require, name (or be amended to name) the Security Agent as additional named assured insured for its rights and interests, warranted no operational interest and with full waiver of rights of subrogation against the Security AgentLenders, but without the Security Agent thereby Lenders being liable to pay (but having the right to pay) premiums, calls or other assessments in respect of such insurance;
(c) name the Security Agent as loss payee with such directions for payment as the Facility Agent may specify;
(d) provide that all payments by or on behalf of the insurers under the obligatory insurances to the Security Agent shall be made without set off, counterclaim or deductions or condition whatsoever;
(e) provide that the obligatory insurances shall be primary without right of contribution from other insurances which may be carried by the Security Agent or any other Finance Party; and
(f) provide that the Security Agent may make proof of loss if the Borrowers fail that Borrower fails to do so.
Appears in 1 contract
Samples: Term Loan Facility Agreement (Castor Maritime Inc.)
Further protections for the Finance Parties. In addition to the terms set out in Clause 22.3 21.3 (Terms of obligatory insurances), the Borrowers each Borrower shall procure that the obligatory insurances effected by it shall:
(a) subject always to paragraph (b), name that Xxxxxxxx, the Borrower owning such Ship Guarantor or any Approved Manager as the sole named assured or co-assureds unless the interest of every other named assured is limited:
(i) in respect of any obligatory insurances for hull and machinery and war risks;
(A) to any provable out-of-pocket expenses that it has incurred and which form part of any recoverable claim on underwriters; and
(B) to any third party liability claims where cover for such claims is provided by the policy (and then only in respect of discharge of any claims made against it); and
(ii) in respect of any obligatory insurances for protection and indemnity risks, to any recoveries it is entitled to make by way of reimbursement following discharge of any third party liability claims made specifically against it; and every other named assured insured has undertaken in writing to the Security Agent (in such form as it requires) that any deductible shall be apportioned between the Owning that Borrower and every other named assured insured in proportion to the gross claims made or paid by each of them and that it shall do all things necessary and provide all documents, evidence and information to enable the Security Agent to collect or recover any moneys which at any time become payable in respect of the obligatory insurances;
(b) whenever the Facility Agent requires, name (or be amended to name) the Security Agent as additional named assured insured for its rights and interests, warranted no operational interest and with full waiver of rights of subrogation against the Security Agent, but without the Security Agent thereby being liable to pay (but having the right to pay) premiums, calls or other assessments in respect of such insurance;
(c) name the Security Agent as loss payee with such directions for payment as the Facility Agent may specify;
(d) provide that all payments by or on behalf of the insurers under the obligatory insurances to the Security Agent shall be made without set off, counterclaim or deductions or condition whatsoever;
(e) provide that the obligatory insurances shall be primary without right of contribution from other insurances which may be carried by the Security Agent or any other Finance Party; and
(f) provide that the Security Agent may make proof of loss if the Borrowers fail that Xxxxxxxx fails to do so.
Appears in 1 contract
Further protections for the Finance Parties. In addition to the terms set out in Clause 22.3 27.3 (Terms of obligatory insurances), the Borrowers each Borrower shall procure that the obligatory insurances effected by it shall:
(a) subject always to paragraph (b), name the Borrower owning such Ship that Xxxxxxxx as the sole named assured unless the interest of every other named assured is limited:
(i) in respect of any obligatory insurances for hull and machinery and war risks;
(A) to any provable out-of-pocket expenses that it has incurred and which form part of any recoverable claim on underwriters; and
(B) to any third party liability claims where cover for such claims is provided by the policy (and then only in respect of discharge of any claims made against it); and
(ii) in respect of any obligatory insurances for protection and indemnity risks, to any recoveries it is entitled to make by way of reimbursement following discharge of any third party liability claims made specifically against it; and every other named assured has undertaken in writing to the Security Agent (in such form as it requires) that any deductible shall be apportioned between the Owning that Borrower and every other named assured in proportion to the gross claims made or paid by each of them and that it shall do all things necessary and provide all documents, evidence and information to enable the Security Agent to collect or recover any moneys which at any time become payable in respect of the obligatory insurances;
(b) whenever the Facility Agent requires, name (or be amended to name) the Security Agent as additional named assured for its rights and interests, warranted no operational interest and with full waiver of rights of subrogation against the Security Agent, but without the Security Agent thereby being liable to pay (but having the right to pay) premiums, calls or other assessments in respect of such insuranceinsurance Provided that this paragraph (b) shall not apply to the protection and indemnity risks;
(c) name the Security Agent as loss payee with such directions for payment as the Facility Agent may specify;
(d) provide that all payments by or on behalf of the insurers under the obligatory insurances to the Security Agent shall be made without set off, counterclaim or deductions or condition whatsoever;; 117 EUROPE/73091764v9
(e) provide that the obligatory insurances shall be primary without right of contribution from other insurances which may be carried by the Security Agent or any other Finance Party; and
(f) provide that the Security Agent may make proof of loss if the Borrowers fail that Xxxxxxxx fails to do so.
Appears in 1 contract
Samples: Term, Revolving and Accordion Facilities Agreement (Ardmore Shipping Corp)
Further protections for the Finance Parties. In addition to the terms set out in Clause 22.3 (Terms of obligatory insurances), the Borrowers Borrower shall procure that the obligatory insurances shall:
(a) subject always to paragraph (b), name the Borrower owning such Ship as the sole named assured insured unless the interest of every other named assured insured is limited:
(i) in respect of any obligatory insurances for hull and machinery and war risks;
(Aa) to any provable out-of-pocket expenses that it has incurred and which form part of any recoverable claim on underwriters; and
(Bb) to any third party liability claims where cover for such claims is provided by the policy (and then only in respect of discharge of any claims made against it); and
(ii) in respect of any obligatory insurances for protection and indemnity risks, to any recoveries it is entitled to make by way of reimbursement following discharge of any third party liability claims made specifically against it; and every other named assured has undertaken in writing to the Security Agent (in such form as it requires) that any deductible shall be apportioned between the Owning Borrower and every other named assured in proportion to the gross claims made or paid by each of them and that it shall do all things necessary and provide all documents, evidence and information to enable the Security Agent to collect or recover any moneys which at any time become payable in respect of the obligatory insurances;
(b) whenever the Facility Agent requires, name (or be amended to name) the Security Agent as additional named assured insured for its rights and interests, warranted no operational interest and with full waiver of rights of subrogation against the Security Agent, but without the Security Agent thereby being liable to pay (but having the right to pay) premiums, calls or other assessments in respect of such insurance;
(c) name the Security Agent as loss payee with such directions for payment as per the Facility Agent may specifyagreed loss payable clause;
(d) provide that all payments by or on behalf of the insurers under the obligatory insurances to the Security Agent shall be made without set off, counterclaim or deductions or condition whatsoever;
(e) provide that the obligatory insurances shall be primary without right of contribution from other insurances which may be carried by the Security Agent or any other Finance Party; and
(f) provide that the Security Agent may make proof of loss if the Borrowers fail Borrower fails to do so.
Appears in 1 contract
Samples: Facility Agreement (Euroseas Ltd.)
Further protections for the Finance Parties. In addition to the terms set out in Clause 22.3 25.3 (Terms of obligatory insurances), the Borrowers each Borrower shall procure that the obligatory insurances effected by it shall:
(a) subject always to paragraph (b), name the Borrower owning such Ship that Bxxxxxxx as the sole named assured insured unless the interest of every other named assured insured is limited:
(i) in respect of any obligatory insurances for hull and machinery and war risks;
(A) to any provable out-of-pocket expenses that it has incurred and which form part of any recoverable claim on underwriters; and
(B) to any third party liability claims where cover for such claims is provided by the policy (and then only in respect of discharge of any claims made against it); and
(ii) in respect of any obligatory insurances for protection and indemnity risks, to any recoveries it is entitled to make by way of reimbursement following discharge of any third party liability claims made specifically against it; and every other named assured insured has undertaken in writing to the Security Agent (in such form as it requires) that any deductible shall be apportioned between the Owning that Borrower and every other named assured insured in proportion to the gross claims made or paid by each of them and that it shall do all things necessary and provide all documents, evidence and information to enable the Security Agent to collect or recover any moneys which at any time become payable in respect of the obligatory insurances;
(b) whenever the Facility Agent requires, name (or be amended to name) the Security Agent as additional named assured insured for its rights and interests, warranted no operational interest and with full waiver of rights of subrogation against the Security Agent, but without the Security Agent thereby being liable to pay (but having the right to pay) premiums, calls or other assessments in respect of such insurance;
(c) name the Security Agent as loss payee with such directions for payment as the Facility Agent may specify;
(d) provide that all payments by or on behalf of the insurers under the obligatory insurances to the Security Agent shall be made without set off, counterclaim or deductions or condition whatsoever;
(e) provide that the obligatory insurances shall be primary without right of contribution from other insurances which may be carried by the Security Agent or any other Finance Party; and
(f) provide that the Security Agent may make proof of loss if the Borrowers fail that Bxxxxxxx fails to do so.
Appears in 1 contract
Further protections for the Finance Parties. In addition to the terms set out in Clause 22.3 (Terms of obligatory insurances), the Borrowers Borrower shall procure that the obligatory insurances shall:
(a) subject always to paragraph (b), name no-one other than the Borrower owning such Ship Borrower, the First Bareboat Charterer and the Second Bareboat Charterer as the sole named assured co-assureds unless the interest of every other named assured insured is limited:
(i) in respect of any obligatory insurances for hull and machinery and war risks;
(A) to any provable out-of-pocket expenses that it has incurred and which form part of any recoverable claim on underwriters; and
(B) to any third party liability claims where cover for such claims is provided by the policy (and then only in respect of discharge of any claims made against it); and
(ii) in respect of any obligatory insurances for protection and indemnity risks, to any recoveries it is entitled to make by way of reimbursement following discharge of any third party liability claims made specifically against it; and every other such named assured insured has undertaken in writing to the Security Agent (in such form as it requires) that any deductible shall be apportioned between the Owning Borrower Borrower, the First Bareboat Charterer, the Second Bareboat Charterer, and every other named assured insured in proportion to the gross claims made or paid by each of them and that it shall do all things necessary and provide all documents, evidence and information to enable the Security Agent to collect or recover any moneys which at any time become payable in respect of the obligatory insurances;
(b) whenever the Facility Agent requires, name (or be amended to name) the Security Agent as additional named assured for its rights and interests, warranted no operational interest and with full waiver of rights of subrogation against the Security Agent, but without the Security Agent thereby being liable to pay (but having the right to pay) premiums, calls or other assessments in respect of such insurance;
(c) name the Security Agent as loss payee with such directions for payment as the Facility Agent may specify;
(d) provide that all payments by or on behalf of the insurers under the obligatory insurances to the Security Agent shall be made without set off, counterclaim or deductions or condition whatsoever;
(e) provide that the obligatory insurances shall be primary without right of contribution from other insurances which may be carried by the Security Agent or any other Finance Party; and
(f) provide that the Security Agent may make proof of loss if the Borrowers fail to do so.
Appears in 1 contract
Samples: Term Loan Facility (Grindrod Shipping Holdings Ltd.)
Further protections for the Finance Parties. In addition to the terms set out in Clause 22.3 23.3 (Terms of obligatory insurances), the Borrowers each Borrower shall procure that the obligatory insurances effected by it shall:
(a) subject always to paragraph (b), name the Borrower owning such Ship that Bxxxxxxx as the sole named assured insured unless the interest of every other named assured insured is limited:
(i) in respect of any obligatory insurances for hull and machinery and war risks;
(A) to any provable out-of-pocket expenses that it has incurred and which form part of any recoverable claim on underwriters; and
(B) to any third party liability claims where cover for such claims is provided by the policy (and then only in respect of discharge of any claims made against it); and
(ii) in respect of any obligatory insurances for protection and indemnity risks, to any recoveries it is entitled to make by way of reimbursement following discharge of any third party liability claims made specifically against it; and every other named assured insured has undertaken in writing to the Security Agent (in such form as it requires) that any deductible shall be apportioned between the Owning that Borrower and every other named assured insured in proportion to the gross claims made or paid by each of them and that it shall do all things necessary and provide all documents, evidence and information to enable the Security Agent to collect or recover any moneys which at any time become payable in respect of the obligatory insurancesinsurances and, if required by the Security Agent, that any such other named insured shall assign its rights and interest to the obligatory insurances if they are named as a co-assured party;
(b) whenever the Facility Agent requires, name (or be amended to name) the Security Agent as additional named assured insured for its rights and interests, warranted no operational interest and with full waiver of rights of subrogation against the Security Agent, but without the Security Agent thereby being liable to pay (but having the right to pay) premiums, calls or other assessments in respect of such insurance;
(c) name the Security Agent as loss payee with such directions for payment as the Facility Agent may specify;
(d) provide that all payments by or on behalf of the insurers under the obligatory insurances to the Security Agent shall be made without set off, counterclaim or deductions or condition whatsoever;
(e) provide that the obligatory insurances shall be primary without right of contribution from other insurances which may be carried by the Security Agent or any other Finance Party; and
(f) provide that the Security Agent may make proof of loss if the Borrowers fail that Bxxxxxxx fails to do so.
Appears in 1 contract
Further protections for the Finance Parties. In addition to the terms set out in Clause 22.3 (Terms of obligatory insurances)Section 9.26, the Borrowers Company shall procure that each Vessel Owner shall, in respect of the Collateral Vessel owned by it, procure that the obligatory insurances effected by it shall:
(a) subject always to paragraph (b), name the Borrower owning such Ship that Vessel Owner as the sole named assured insured unless the interest of every other named assured insured is limited:
(i) in respect of any obligatory insurances for hull and machinery and war risks;
(A) to any provable out-of-pocket expenses that it has incurred and which form part of any recoverable claim on underwriters; and
(B) to any third party liability claims where cover for such claims is provided by the policy (and then only in respect of discharge of any claims made against it); and
(ii) in respect of any obligatory insurances for protection and indemnity risks, to any recoveries it is entitled to make by way of reimbursement following discharge of any third party liability claims made specifically against it; and every other named assured insured has undertaken in writing to the Security Agent Trustee (in such form as it requires) that any deductible shall be apportioned between the Owning Borrower that Vessel Owner and every other named assured insured in proportion to the gross claims made or paid by each of them and that it shall do all things necessary and provide all documents, evidence and information to enable the Security Agent Trustee to collect or recover any moneys which at any time become payable in respect of the obligatory insurances;
(b) whenever the Facility Notes Administrative Agent requires, name (or be amended to name) the Security Agent Trustee as additional named assured insured for its rights and interests, warranted no operational interest and with full waiver of rights of subrogation against the Security AgentTrustee, but without the Security Agent thereby Trustee being liable to pay (but having the right to pay) premiums, calls or other assessments in respect of such insurance;
(c) name the Security Agent Trustee as loss payee with such directions for payment as the Facility Notes Administrative Agent may specify;
(d) provide that all payments by or on behalf of the insurers under the obligatory insurances to the Security Agent Trustee shall be made without set off, counterclaim or deductions or condition whatsoever;
(e) provide that the obligatory insurances shall be primary without right of contribution from other insurances which may be carried by the Security Agent Trustee or any other Finance Party; and
(f) provide that the Security Agent Trustee may make proof of loss if the Borrowers fail that Vessel Owner fails to do so.
Appears in 1 contract
Further protections for the Finance Parties. In addition to the terms set out in Clause 22.3 (Terms of obligatory insurances), the Borrowers each Guarantor shall procure that the obligatory insurances shall:
(a) subject always to paragraph (b), name the Borrower owning such Ship that Guarantor as the sole named assured insured unless the interest of every other named assured insured is limited:
(i) in respect of any obligatory insurances for hull and machinery and war risks;
(A) to any provable out-of-pocket expenses that it has incurred and which form part of any recoverable claim on underwriters; and
(B) to any third party liability claims where cover for such claims is provided by the policy (and then only in respect of discharge of any claims made against it); and
(ii) in respect of any obligatory insurances for protection and indemnity risks, to any recoveries it is entitled to make by way of reimbursement following discharge of any third party liability claims made specifically against it; and every other named assured insured has undertaken in writing to the Security Agent (in such form as it requires) that any deductible shall be apportioned between the Owning Borrower that Guarantor and every other named assured insured in proportion to the gross claims made or paid by each of them and that it shall do all things necessary and provide all documents, evidence and information to enable the Security Agent to collect or recover any moneys which at any time become payable in respect of the obligatory insurances;
(b) whenever the Facility Agent requires, name (or be amended to name) the Security Agent as additional named assured insured for its rights and interests, warranted no operational interest and with full waiver of rights of subrogation against the Security Agent, but without the Security Agent thereby being liable to pay (but having the right to pay) premiums, calls or other assessments in respect of such insurance;
(c) name the Security Agent as loss payee with such directions for payment as the Facility Agent may specify;
(d) provide that all payments by or on behalf of the insurers under the obligatory insurances to the Security Agent shall be made without set off, counterclaim or deductions or condition whatsoever;
(e) provide that the obligatory insurances shall be primary without right of contribution from other insurances which may be carried by the Security Agent or any other Finance Party; and
(f) provide that the Security Agent may make proof of loss if the Borrowers fail that Guarantor fails to do so.
Appears in 1 contract
Further protections for the Finance Parties. In addition to the terms set out in Clause 22.3 (Terms of obligatory insurances), the Borrowers each Collateral Guarantor shall procure that the obligatory insurances effected by it shall:
(a) subject always to paragraph (b), name the Borrower owning such Ship that Collateral Guarantor as the sole named assured insured unless the interest of every other named assured insured is limited:
(i) in respect of any obligatory insurances for hull and machinery and war risks;
(A) to any provable out-of-pocket expenses that it has incurred and which form part of any recoverable claim on underwriters; and
(B) to any third party liability claims where cover for such claims is provided by the policy (and then only in respect of discharge of any claims made against it); and
(ii) in respect of any obligatory insurances for protection and indemnity risks, to any recoveries it is entitled to make by way of reimbursement following discharge of any third party liability claims made specifically against it; and every other named assured insured has undertaken in writing to the Security Agent (in such form as it requires) that any deductible shall be apportioned between the Owning Borrower that Collateral Guarantor and every other named assured insured in proportion to the gross claims made or paid by each of them and that it shall do all things necessary and provide all documents, evidence and information to enable the Security Agent to collect or recover any moneys which at any time become payable in respect of the obligatory insurances;
(b) whenever the Facility Agent requires, name (or be amended to name) the Security Agent as additional named assured insured for its rights and interests, warranted no operational interest and with full waiver of rights of subrogation against the Security Agent, but without the Security Agent thereby being liable to pay (but having the right to pay) premiums, calls or other assessments in respect of such insurance;
(c) name the Security Agent as loss payee with such directions for payment as the Facility Agent may specify;
(d) provide that all payments by or on behalf of the insurers under the obligatory insurances to the Security Agent shall be made without set off, counterclaim or deductions or condition whatsoever;
(e) provide that the obligatory insurances shall be primary without right of contribution from other insurances which may be carried by the Security Agent or any other Finance Party; and
(f) provide that the Security Agent may make proof of loss if the Borrowers fail that Collateral Guarantor fails to do so.
Appears in 1 contract
Samples: Facility Agreement (Taylor Maritime Investments LTD)
Further protections for the Finance Parties. In addition to the terms set out in Clause 22.3 (Terms of obligatory insurances), the Borrowers each Drillship Owner shall procure that the obligatory insurances taken out by it shall:
(a) subject always to paragraph (b), name the Borrower owning such Ship that Drillship Owner and any relevant Intra-Group Charterer as the sole named main co assured unless the interest of every other named co assured is limited:
(i) in respect of any obligatory insurances for hull and machinery and war risks;
(A) to any provable out-of-pocket expenses that it has incurred and which form part of any recoverable claim on underwriters; and
(B) to any third party liability claims where cover for such claims is provided by the policy (and then only in respect of discharge of any claims made against it); and
(ii) in respect of any obligatory insurances for protection and indemnity risks, to any recoveries it is entitled to make by way of reimbursement following discharge of any third party liability claims made specifically against it; and every other named co assured has undertaken in writing to the Security Agent (in such form as it requires) that any deductible shall be apportioned between the Owning Borrower that Drillship Owner, any relevant Intra-Group Charterer and every other named co assured in proportion to the gross claims made or paid by each of them and that it shall do all things necessary and provide all documents, evidence and information to enable the Security Agent to collect or recover any moneys which at any time become payable in respect of the obligatory insurances;
(b) whenever the Facility Agent requires(acting on the authorisation of all Lenders) requires (acting reasonably), name (or be amended to name) the Security Agent as additional named assured for its rights and interests, warranted no operational interest and with full waiver of rights of subrogation against the Security Agent, but without the Security Agent thereby being liable to pay (but having the right to pay) premiums, calls or other assessments in respect of such insurance;
(c) name the Security Agent as loss payee with such directions for payment as the Facility Agent may specify;
(d) provide that all payments by or on behalf of the insurers under the obligatory insurances to the Security Agent shall be made without set off, counterclaim or deductions or condition whatsoever;
(e) provide that the obligatory insurances shall be primary without right of contribution from other insurances which may be carried by the Security Agent or any other Finance Party; and
(f) provide that the Security Agent may make proof of loss if the Borrowers fail that Drillship Owner or any relevant Intra-Group Charterer fails to do so.
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Further protections for the Finance Parties. In addition to the terms set out in Clause 22.3 23.3 (Terms of obligatory insurances), the Borrowers Drillship Owner shall procure that the obligatory insurances taken out by it shall:
(a) subject always to paragraph (b), name the Borrower owning such Ship Drillship Owner and any Intra-Group Charterer as the sole named main co assured unless the interest of every other named co assured is limited:
(i) in respect of any obligatory insurances for hull and machinery and war risks;
(A) to any provable out-of-pocket expenses that it has incurred and which form part of any recoverable claim on underwriters; and
(B) to any third party liability claims where cover for such claims is provided by the policy (and then only in respect of discharge of any claims made against it); and
(ii) in respect of any obligatory insurances for protection and indemnity risks, to any recoveries it is entitled to make by way of reimbursement following discharge of any third party liability claims made specifically against it; and every other named co assured has undertaken in writing to the Security Agent (in such form as it requires) that any deductible shall be apportioned between the Owning Borrower Drillship Owner, any Intra-Group Charterer and every other named co assured in proportion to the gross claims made or paid by each of them and that it shall do all things necessary and provide all documents, evidence and information to enable the Security Agent to collect or recover any moneys which at any time become payable in respect of the obligatory insurances;
(b) whenever the Facility Agent requires, name (or be amended to name) the Security Agent as additional named assured for its rights and interests, warranted no operational interest and with full waiver of rights of subrogation against the Security Agent, but without the Security Agent thereby being liable to pay (but having the right to pay) premiums, calls or other assessments in respect of such insurance;
(c) name the Security Agent as loss payee with such directions for payment as the Facility Agent may specify;
(dc) provide that all payments by or on behalf of the insurers under the obligatory insurances to the Security Agent shall be made without set off, counterclaim or deductions or condition whatsoever;
(ed) provide that the obligatory insurances shall be primary without right of contribution from other insurances which may be carried by the Security Agent or any other Finance Party; and
(fe) provide that the Security Agent may make proof of loss if the Borrowers fail Drillship Owner or any Intra-Group Charterer fails to do so.
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Samples: Addendum to First Preferred Marshall Islands Mortgage (Ocean Rig UDW Inc.)
Further protections for the Finance Parties. In addition to the terms set out in Clause 22.3 23.3 (Terms of obligatory insurances), the Borrowers each Borrower shall procure that the obligatory insurances effected by it shall:
(a) subject always to paragraph (b), name the that Borrower owning such Ship as the sole named assured unless the interest of every other named assured is limited:
(i) in respect of any obligatory insurances for hull and machinery and war risks;
(A) to any provable out-of-pocket expenses that it has incurred and which form part of any recoverable claim on underwriters; and
(B) to any third party liability claims where cover for such claims is provided by the policy (and then only in respect of discharge of any claims made against it); and
(ii) in respect of any obligatory insurances for protection and indemnity risks, to any recoveries it is entitled to make by way of reimbursement following discharge of any third party liability claims made specifically against it; and every other named assured has undertaken in writing to the Security Agent (in such form as it requires) that any deductible shall be apportioned between the Owning that Borrower and every other named assured in proportion to the gross claims made or paid by each of them and that it shall do all things necessary and provide all documents, evidence and information to enable the Security Agent to collect or recover any moneys which at any time become payable in respect of the obligatory insurances;
(b) whenever the Facility Agent requires, name (or be amended to name) the Security Agent as additional named assured for its rights and interests, warranted no operational interest and with full waiver of rights of subrogation against the Security Agent, but without the Security Agent thereby being liable to pay (but having the right to pay) premiums, calls or other assessments in respect of such insurance;
(c) name the Security Agent as loss payee with such directions for payment as the Facility Agent may specify;
(dc) provide that all payments by or on behalf of the insurers under the obligatory insurances to the Security Agent shall be made without set off, counterclaim or deductions or condition whatsoever;
(ed) provide that the obligatory insurances shall be primary without right of contribution from other insurances which may be carried by the Security Agent or any other Finance Party; and
(fe) provide that the Security Agent may make proof of loss if the Borrowers fail that Borrower fails to do so.
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Further protections for the Finance Parties. In addition to the terms set out in Clause 22.3 (Terms of obligatory insurances), the Borrowers Borrower shall procure that the obligatory insurances shall:
(a) subject always to paragraph (b), name the Borrower owning such Ship as the sole named assured insured unless the interest of every other named assured insured is limited:
(i) in respect of any obligatory insurances for hull and machinery and war risks;
(A) to any provable out-of-pocket expenses that it has incurred and which form part of any recoverable claim on underwriters; and
(B) to any third party liability claims where cover for such claims is provided by the policy (and then only in respect of discharge of any claims made against it); and
(ii) in respect of any obligatory insurances for protection and indemnity risks, to any recoveries it is entitled to make by way of reimbursement following discharge of any third party liability claims made specifically against it; and every other named assured insured has undertaken in writing to the Security Agent (in such form as it requires) that any deductible shall be apportioned between the Owning Borrower and every other named assured insured in proportion to the gross claims made or paid by each of them and that it shall do all things necessary and provide all documents, evidence and information to enable the Security Agent to collect or recover any moneys which at any time become payable in respect of the obligatory insurances;
(b) whenever the Facility Agent requires, name (or be amended to name) the Security Agent as additional named assured insured for its rights and interests, warranted no operational interest and with full waiver of rights of subrogation against the Security Agent, but without the Security Agent thereby being liable to pay (but having the right to pay) premiums, calls or other assessments in respect of such insurance;
(c) name the Security Agent as loss payee with such directions for payment as the Facility Agent may specify;
(d) provide that all payments by or on behalf of the insurers under the obligatory insurances to the Security Agent shall be made without set off, counterclaim or deductions or condition whatsoever;
(e) provide that the obligatory insurances shall be primary without right of contribution from other insurances which may be carried by the Security Agent or any other Finance Party; and
(f) provide that the Security Agent may make proof of loss if the Borrowers fail Borrower fails to do so.
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