Common use of GENERAL UNDERTAKINGS Clause in Contracts

GENERAL UNDERTAKINGS. The Charter Guarantor hereby agrees and undertakes to the Mortgagee that it will at all times throughout the Security Period: 7.1.1 deliver to the Mortgagee sufficient copies of each of the following documents: (a) not later than one hundred and eighty (180) days after the end of each financial year, the audited balance sheet and profit and loss account of the Charter Guarantor and the audited consolidated balance sheet and the consolidated profit and loss account of the Group for such financial year and a cash flow statement for the Group for such financial year together with the report of the auditors thereon, the notes thereto and the directors' report thereon, if any; (b) at the time of issue thereof every report, circular, notice or like document issued by the Charter Guarantor to its shareholders or creditors generally; (c) at the time of the delivery of the annual audited financial statements, a statement from the Charter Guarantor's auditors stating the respective amounts of the Net Asset Value, Book Equity, the Total Debt and the Total Market Value Adjusted Assets, in respect of or, as the case may be, as at the end of the financial year to which such financial statements relate indicating the manner in which the same have been calculated and whether or not the limits imposed by clauses 7.2.1, 7.2.4 and 7.2.5 have or have not been exceeded at such time and so that each such statement shall (in the absence of manifest error or in the absence of the Mortgagee reaching a different determination pursuant to clause 7.2.8) be conclusive evidence of such amounts or facts for the purposes of this Deed; and 7.1.2 comply with its obligations under the Charter Guarantee.

Appears in 4 contracts

Samples: Second Priority Quadripartite Deed (Top Tankers Inc.), Second Priority Quadripartite Deed (Top Tankers Inc.), Second Priority Quadripartite Deed (Top Tankers Inc.)

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GENERAL UNDERTAKINGS. 7.1 The Charter Guarantor hereby agrees and undertakes to the Mortgagee (as security agent and trustee for and on behalf of the Secured Creditors) that it will at all times throughout the Security Period: 7.1.1 deliver to the Mortgagee sufficient copies of each of the following documents: (a) not later than one hundred and eighty (180) days after the end of each financial year, the audited balance sheet and profit and loss account of the Charter Guarantor and the audited consolidated balance sheet and the consolidated profit and loss account of the Group for such financial year and a cash flow statement for the Group for such financial year together with the report of the auditors thereon, the notes thereto and the directors' report thereon, if any; (b) at the time of issue thereof every report, circular, notice or like document issued by the Charter Guarantor to its shareholders or creditors generally; (c) at the time of the delivery of the annual audited financial statements, a statement from the Charter Guarantor's auditors stating the respective amounts of the Net Asset Value, Book Equity, the Total Debt and the Total Market Value Adjusted Assets, in respect of or, as the case may be, as at the end of the financial year to which such financial statements relate indicating the manner in which the same have been calculated and whether or not the limits imposed by clauses 7.2.1, 7.2.4 7.2.2, 7.2.6 and 7.2.5 7.2.7 have or have not been exceeded at such time and so that each such statement shall (in the absence of manifest error or in the absence of the Mortgagee reaching a different determination pursuant to clause 7.2.81.2.10) be conclusive evidence of such amounts or facts for the purposes of this Deed; and 7.1.2 comply with its obligations under the Charter Guarantee.

Appears in 4 contracts

Samples: Quadripartite Deed (Top Tankers Inc.), Quadripartite Deed (Top Tankers Inc.), Quadripartite Deed (Top Tankers Inc.)

GENERAL UNDERTAKINGS. The Charter Guarantor hereby agrees and undertakes to the Mortgagee Beneficiary that it will at all times throughout the Security Period: 7.1.1 until expiry of this Guarantee in accordance with paragraph 4 thereof deliver to the Mortgagee Beneficiary sufficient copies of each of the following documents: (a) not later than one hundred and eighty (180) days after the end of each financial year, the audited balance sheet and profit and loss account of the Charter Guarantor and the audited consolidated balance sheet and the consolidated profit and loss account of the Group for such financial year and a cash flow statement for the Group for such financial year together with the report of the auditors thereon, the notes thereto and the directors' report thereon, if any; (b) at the time of issue thereof every report, circular, notice or like document issued by the Charter Guarantor to its shareholders or creditors generally; (c) at the time of the delivery of the annual audited financial statements, a statement from the Charter Guarantor's auditors stating the respective amounts of the Net Asset Value, Book Equity, the Total Debt and the Total Market Value Adjusted Assets, in respect of or, as the case may be, as at the end of the financial year to which such financial statements relate indicating the manner in which the same have been calculated and whether or not the limits imposed by clauses 7.2.1paragraphs 10.2.1, 7.2.4 10.2.4 and 7.2.5 10.2.5 have or have not been exceeded at such time and so that each such statement shall (in the absence of manifest error or in the absence of the Mortgagee reaching a different determination pursuant to clause 7.2.8paragraph 10.2.8) be conclusive evidence of such amounts or facts for the purposes of this Deed; and 7.1.2 comply with its obligations under the Charter Guarantee.

Appears in 3 contracts

Samples: Guarantee (Top Tankers Inc.), Guarantee (Top Tankers Inc.), Guarantee (Top Tankers Inc.)

GENERAL UNDERTAKINGS. The Charter Guarantor hereby agrees and undertakes to the Mortgagee (as security agent and trustee for and on behalf of the Secured Creditors) that it will at all times throughout the Security Period: 7.1.1 deliver to the Mortgagee sufficient copies of each of the following documents: (a) not later than one hundred and eighty (180) days after the end of each financial year, the audited balance sheet and profit and loss account of the Charter Guarantor and the audited consolidated balance sheet and the consolidated profit and loss account of the Group for such financial year and a cash flow statement for the Group for such financial year together with the report of the auditors thereon, the notes thereto and the directors' report thereon, if any; (b) at the time of issue thereof every report, circular, notice or like document issued by the Charter Guarantor to its shareholders or creditors generally; (c) at the time of the delivery of the annual audited financial statements, a statement from the Charter Guarantor's auditors stating the respective amounts of the Net Asset Value, Book Equity, the Total Debt and the Total Market Value Adjusted Assets, in respect of or, as the case may be, as at the end of the financial year to which such financial statements relate indicating the manner in which the same have been calculated and whether or not the limits imposed by clauses 7.2.1, 7.2.4 and 7.2.5 have or have not been exceeded at such time and so that each such statement shall (in the absence of manifest error or in the absence of the Mortgagee reaching a different determination pursuant to clause 7.2.8) be conclusive evidence of such amounts or facts for the purposes of this Deed; and 7.1.2 comply with its obligations under the Charter Guarantee.

Appears in 3 contracts

Samples: Quadripartite Deed (Top Tankers Inc.), Quadripartite Deed (Top Tankers Inc.), Quadripartite Deed (Top Tankers Inc.)

GENERAL UNDERTAKINGS. The Charter Guarantor hereby agrees and undertakes to the Mortgagee Beneficiary that it will at all times throughout the Security Period: 7.1.1 until expiry of this Guarantee in accordance with paragraph 4 thereof deliver to the Mortgagee Beneficiary sufficient copies of each of the following documents: (a) not later than one hundred and eighty (180) days after the end of each financial year, the audited balance sheet and profit and loss account of the Charter Guarantor and the audited consolidated balance sheet and the consolidated profit and loss account of the Group for such financial year and a cash flow statement for the Group for such financial year together with the report of the auditors thereon, the notes thereto and the directors' report thereon, if any; (b) at the time of issue thereof every report, circular, notice or like document issued by the Charter Guarantor to its shareholders or creditors generally;; and (c) at the time of the delivery of the annual audited financial statements, a statement from the Charter Guarantor's auditors stating the respective amounts of the Net Asset Value, Book Equity, the Total Debt and the Total Market Value Adjusted Assets, in respect of or, as the case may be, as at the end of the financial year to which such financial statements relate indicating the manner in which the same have been calculated and whether or not the limits imposed by clauses 7.2.1paragraphs 10.2.1, 7.2.4 10.2.4 and 7.2.5 10.2.5 have or have not been exceeded at such time and so that each such statement shall (in the absence of manifest error or in the absence of the Mortgagee reaching a different determination pursuant to clause 7.2.8paragraph 10.2.8) be conclusive evidence of such amounts or facts for the purposes of this Deed; and 7.1.2 comply with its obligations under the Charter Guarantee.

Appears in 2 contracts

Samples: Guarantee (Top Tankers Inc.), Guarantee (Top Tankers Inc.)

GENERAL UNDERTAKINGS. The Charter Guarantor hereby agrees and undertakes to the Mortgagee (as security agent and trustee for and on behalf of the Secured Creditors) that it will at all times throughout the Security Period: 7.1.1 deliver to the Mortgagee sufficient copies of each of the following documents: (a) not later than one hundred and eighty (180) days after the end of each financial year, the audited balance sheet and profit and loss account of the Charter Guarantor and the audited consolidated balance sheet and the consolidated profit and loss account of the Group for such financial year and a cash flow statement for the Group for such financial year together with the report of the auditors thereon, the notes thereto and the directors' report thereon, if any; (b) at the time of issue thereof every report, circular, notice or like document issued by the Charter Guarantor to its shareholders or creditors generally;; and (c) at the time of the delivery of the annual audited financial statements, a statement from the Charter Guarantor's auditors stating the respective amounts of the Net Asset Value, Book Equity, the Total Debt and the Total Market Value Adjusted Assets, in respect of or, as the case may be, as at the end of the financial year to which such financial statements relate indicating the manner in which the same have been calculated and whether or not the limits imposed by clauses 7.2.1, 7.2.4 and 7.2.5 have or have not been exceeded at such time and so that each such statement shall (in the absence of manifest error or in the absence of the Mortgagee reaching a different determination pursuant to clause 7.2.8) be conclusive evidence of such amounts or facts for the purposes of this Deed; 7.1.2 Provision of further information provide the Mortgagee with such financial or other information concerning the Charter Guarantor and its affairs as the Mortgagee may from time to time require; and 7.1.2 7.1.3 comply with its obligations under the Charter Guarantee.

Appears in 2 contracts

Samples: Quadripartite Deed (Top Tankers Inc.), Quadripartite Deed (Top Tankers Inc.)

GENERAL UNDERTAKINGS. The Charter Guarantor hereby agrees and undertakes to the Mortgagee Beneficiary that it will at all times throughout the Security Period: 7.1.1 until expiry of this Guarantee in accordance with paragraph 4 thereof deliver to the Mortgagee Beneficiary sufficient copies of each of the following documents: (a) not later than one hundred and eighty (180) days after the end of each financial year, the audited balance sheet and profit and loss account of the Charter Guarantor and the audited consolidated balance sheet and the consolidated profit and loss account of the Group for such financial year and a cash flow statement for the Group for such financial year together with the report of the auditors thereon, the notes thereto and the directors' report thereon, if any; (b) at the time of issue thereof every report, circular, notice or like document issued by the Charter Guarantor to its shareholders or creditors generally;; and (c) at the time of the delivery of the annual audited financial statements, a statement from the Charter Guarantor's auditors stating the respective amounts of the Net Asset Value, Book Equity, the Total Debt and the Total Market Value Adjusted Assets, in respect of or, as the case may be, as at the end of the financial year to which such financial statements relate indicating the manner in which the same have been calculated and whether or not the limits imposed by clauses 7.2.1paragraphs 10.2.1, 7.2.4 10.2.4 and 7.2.5 10.2.5 have or have not been exceeded at such time lime and so that each such statement shall (in the absence of manifest error or in the absence of the Mortgagee reaching a different determination pursuant to clause 7.2.8paragraph 10.2.8) be conclusive evidence of such amounts or facts for the purposes of this Deed; and 7.1.2 comply with its obligations under the Charter Guarantee.

Appears in 1 contract

Samples: Guarantee (Top Tankers Inc.)

GENERAL UNDERTAKINGS. The Charter Guarantor hereby agrees and undertakes to the Mortgagee (as security agent and trustee for and on behalf of the Secured Creditors) that it will at all times throughout the Security Period: 7.1.1 deliver to the Mortgagee sufficient copies of each of the following documents: (a) not later than one hundred and eighty (180) days after the end of each financial year, the audited balance sheet and profit and loss account of the Charter Guarantor and the audited consolidated balance sheet and the consolidated profit and loss account of the Group for such financial year and a cash flow statement for the Group for such financial year together with the report of the auditors thereon, the notes thereto and the directors' report thereon, if any; (b) at the time of issue thereof every report, circular, notice or like document issued by the Charter Guarantor to its shareholders or creditors generally;; and (c) at the time of the delivery of the annual audited financial statements, a statement from the Charter Guarantor's auditors stating the respective amounts of the Net Asset Value, Book Equity, the Total Debt and the Total Market Value Adjusted Assets, in respect of or, as the case may be, as at the end of the financial year to which such financial statements relate indicating the manner in which the same have been calculated and whether or not the limits imposed by clauses 7.2.172.1, 7.2.4 and 7.2.5 have or have not been exceeded at such time and so that each such statement shall (in the absence of manifest error or in the absence of the Mortgagee reaching a different determination pursuant to clause 7.2.8) be conclusive evidence of such amounts or facts for the purposes of this Deed; 7.1.2 Provision of further information provide the Mortgagee with such financial or other information concerning the Charter Guarantor and its affairs as the Mortgagee may from time to time require; and 7.1.2 7.1.3 comply with its obligations under the Charter Guarantee.

Appears in 1 contract

Samples: Quadripartite Deed (Top Tankers Inc.)

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GENERAL UNDERTAKINGS. The Charter Guarantor hereby agrees and undertakes to the Mortgagee Beneficiary that it will at all times throughout the Security Period: 7.1.1 until expiry of this Guarantee in accordance with paragraph 4 thereof deliver to the Mortgagee Beneficiary sufficient copies of each of the following documents: (a) not later than one hundred and eighty (180) days after the end of each financial year, the audited balance sheet and profit and loss account of the Charter Guarantor and the audited consolidated balance sheet and the consolidated profit and loss account of the Group for such financial year and a cash flow statement for the Group for such financial year together with the report of the auditors thereon, the notes thereto and the directors' report thereon, if any; ; (b) at the time of issue thereof every report, circular, notice or like document issued by the Charter Guarantor to its shareholders or creditors generally; ; and (c) at the time of the delivery of the annual audited financial statements, a statement from the Charter Guarantor's auditors stating the respective amounts of the Net Asset Value, Book Equity, the Total Debt and the Total Market Value Adjusted Assets, in respect of or, as the case may be, as at the end of the financial year to which such financial statements relate indicating the manner in which the same have been calculated and whether or not the limits imposed by clauses 7.2.1paragraphs 10.2.1, 7.2.4 10.2.4 and 7.2.5 10.2.5 have or have not been exceeded at such time and so that each such statement shall (in the absence of manifest error or in the absence of the Mortgagee reaching a different determination pursuant to clause 7.2.8paragraph 10.2.8) be conclusive evidence of such amounts or facts for the purposes of this Deed; and 7.1.2 comply with its obligations under the Charter Guarantee.

Appears in 1 contract

Samples: Guarantee (Top Tankers Inc.)

GENERAL UNDERTAKINGS. The Charter Guarantor hereby agrees and undertakes to the Mortgagee Beneficiary that it will at all times throughout the Security Period: 7.1.1 until expiry of this Guarantee in accordance with paragraph 4 thereof deliver to the Mortgagee Beneficiary sufficient copies of each of the following documents: (a) not later than one hundred and eighty (180) days after the end of each financial year, the audited balance sheet and profit and loss account of the Charter Guarantor and the audited consolidated balance sheet and the consolidated profit and loss account of the Group for such financial year and a cash flow statement for the Group for such financial year together with the report of the auditors thereon, the notes thereto and the directors' report thereon, if any; (b) at the time of issue thereof every report, circular, notice or like document issued by the Charter Guarantor to its shareholders or creditors generally; (c) at the time of the delivery of the annual audited financial statements, a statement statemerf from the Charter Guarantor's auditors stating the respective amounts of the Net Asset Value, Book Equity, the Total Debt and the Total Market Value Adjusted Assets, in respect of or, as the case may be, as at the end of the financial year to which such financial statements relate indicating the manner in which the same have been calculated and whether or not the limits imposed by clauses 7.2.1paragraphs 10.2.1, 7.2.4 10.2.4 and 7.2.5 10.2.5 have or have not been exceeded at such time and so that each such statement shall (in the absence of manifest error or in the absence of the Mortgagee reaching a different determination pursuant to clause 7.2.8paragraph 10.2.8) be conclusive evidence of such amounts or facts for the purposes of this Deed; and 7.1.2 comply with its obligations under the Charter Guarantee.

Appears in 1 contract

Samples: Guarantee (Top Tankers Inc.)

GENERAL UNDERTAKINGS. The Charter Guarantor hereby agrees and undertakes to the Mortgagee (as security agent and trustee for and on behalf of the Secured Creditors) that it will at all times throughout the Security Period:. 7.1.1 deliver to the Mortgagee sufficient copies of each of the following documents: (a) not later than one hundred and eighty (180) days after the end of each financial year, the audited balance sheet and profit and loss account of the Charter Guarantor and the audited consolidated balance sheet and the consolidated profit and loss account of the Group for such financial year and a cash flow statement for the Group for such financial year together with the report of the auditors thereon, the notes thereto and the directors' report thereon, if any; (b) at the time of issue thereof every report, circular, notice or like document issued by the Charter Guarantor to its shareholders or creditors generally; (c) at the time of the delivery of the annual audited financial statements, a statement from the Charter Guarantor's auditors stating the respective amounts of the Net Asset Value, Book Equity, the Total Debt and the Total Market Value Adjusted Assets, in respect of or, as the case may be, as at the end of the financial year to which such financial statements relate indicating the manner in which the same have been calculated and whether or not the limits imposed by clauses 7.2.1, 7.2.4 and 7.2.5 have or have not been exceeded at such time and so that each such statement shall (in the absence of manifest error or in the absence of the Mortgagee reaching a different determination pursuant to clause 7.2.8) be conclusive evidence of such amounts or facts for the purposes of this Deed; and 7.1.2 comply with its obligations under the Charter Guarantee.

Appears in 1 contract

Samples: Quadripartite Deed (Top Tankers Inc.)

GENERAL UNDERTAKINGS. The Charter Guarantor hereby agrees and undertakes to the Mortgagee (as security agent and trustee for and on behalf of the Secured Creditors) that it will at all times throughout the Security Period: 7.1.1 deliver to the Mortgagee sufficient copies of each of the following documents: (a) not later than one hundred and eighty (180) days after the end of each financial year, the audited balance sheet and profit and loss account of the Charter Guarantor and the audited consolidated balance sheet and the consolidated profit and loss account of the Group for such financial year and a cash flow statement for the Group for such financial year together with the report of the auditors thereon, the notes thereto and the directors' report thereon, if any; (b) at the time of issue thereof every report, circular, notice or like document issued by the Charter Guarantor to its shareholders or creditors generally;; and (c) at the time of the delivery of the annual audited financial statements, a statement from the Charter Guarantor's auditors stating the respective amounts of the Net Asset Value, Book Equity, the Total Debt and the Total Market Value Adjusted Assets, in respect of or, as the case may be, as at the end of the financial year to which such financial statements relate indicating the manner in which the same have been calculated and whether or not the limits imposed by clauses 7.2.1, 7.2.4 and 7.2.5 have or have not been exceeded at such time and so that each such statement shall (in the absence of manifest error or in the absence of the Mortgagee reaching a different determination pursuant to clause 7.2.8) be conclusive evidence of such amounts or facts for the purposes of this Deed; 7.1.2 Provision of further information provide the Mortgagee with such financial or other information conceming the Charter Guarantor and its affairs as the Mortgagee may from time to time require; and 7.1.2 7.1.3 comply with its obligations under the Charter Guarantee.

Appears in 1 contract

Samples: Quadripartite Deed (Top Tankers Inc.)

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