Handysize Ships Private Sale Procedure Sample Clauses

Handysize Ships Private Sale Procedure. (i) Each Handysize Ship shall be marketed on a prompt private sale basis, charter free, by a broker or brokers acceptable to the Bank, such brokers to be appointed by the Owners of such Ships upon terms that any such broker is authorised and instructed to give full disclosure of marketing efforts to the Bank and to discuss all aspects of the proposed sales with the Bank throughout; and (ii) each Handysize Ship shall be sold at the best price reasonably obtainable by the appointed broker pursuant to a sale contract which shall provide for prompt delivery to the relevant buyer by not later than 15 February 2012, and it shall otherwise be in terms in all respects acceptable to the Bank and executed by the Owner of that Ship and the relevant buyer by not later than 31 January 2012; and (iii) if a sale contract for either Handysize Ship has not been executed by 31 January 2012, and otherwise pursuant to the terms specified in paragraph (ii) above, the Bank shall be entitled to exercise its powers as attorney for the Owner of that Ship to sell that Ship under the relevant PoA on behalf and at the expense of such Owner, and to appoint the same or other broker or brokers for such purpose; and (iv) of the sale proceeds of each Handysize Ship under any sale pursuant to this Handysize Ships Private Sale Procedure (after deduction only of agreed broker’s commission), an amount equal to the said sale proceeds multiplied by the Handysize Ships Relevant Fraction shall be payable directly to the Bank and applied by the Bank in prepayment of the Loan in the manner provided in paragraph (c)(ii) below Provided however that the amount of such prepayment in the case of the second Handysize Ship to be delivered will be reduced by an amount equal to the Additional Prepayment (as defined in paragraph (v)(A) below), if one has been made in respect of the first Handysize Ship to be delivered; and (v) subject to paragraph (vi) below, provided no Event of Default is continuing at the time: (A) any remaining sale proceeds of the first Handysize Ship to be sold and delivered under this Handysize Ships Private Sale Procedure, shall be applied by the Borrower or the Owner of that Ship, forthwith upon receipt of the same, first, in payment of all unpaid trade debt incurred by them in connection with that Ship up to the maximum amount of $556,000 (in respect of Free Goddess) or $540,684 (in respect of Free Hero) detailed to the Bank on 30 September 2011 (as such amounts and payments have b...

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