General conditions precedent. The agreement of the Creditors referred to in clause 2 shall be further subject to: 6.2.1 the representations and warranties in clause 5 being true and correct on the Effective Date as if each was made with respect to the facts and circumstances existing at such time; and 6.2.2 no Default having occurred and continuing at the time of the Effective Date.
Appears in 3 contracts
Samples: Supplemental Agreement (Diana Shipping Inc.), Supplemental Agreement (Quintana Shipping Ltd.), Supplemental Agreement (Quintana Shipping Ltd.)
General conditions precedent. The agreement of the Creditors referred to in clause 2 shall be further subject to:
6.2.1 5.2.1 the representations and warranties in clause 5 4 being true and correct on the Effective Date as if each was were made with respect to the facts and circumstances existing at such time; and
6.2.2 5.2.2 no Default having occurred and continuing at the time of the Effective Date.
Appears in 2 contracts
Samples: Supplemental Agreement (DryShips Inc.), Second Supplemental Agreement (DryShips Inc.)
General conditions precedent. The agreement of the Creditors referred to in clause 2 shall be further subject to:
6.2.1 5.2.1 the representations and warranties in clause 5 4 being true and correct on the Effective Date as if each was made with respect to the facts and circumstances existing at such time; and
6.2.2 5.2.2 no Default having occurred and continuing at the time of the Effective Date.
Appears in 2 contracts
Samples: Third Supplemental Agreement (Quintana Shipping Ltd.), Supplemental Agreement (FreeSeas Inc.)
General conditions precedent. The agreement agreements and the waivers of the Creditors referred to in clause 2 shall be further subject to:
6.2.1 5.2.1 the representations and warranties in clause 5 4 being true and correct on the Effective Date as if each was were made with respect to the facts and circumstances existing at such time; and
6.2.2 5.2.2 no Default (other than those described in clause 2.1) having occurred and continuing at the time of the Effective Date.
Appears in 1 contract
