Common use of INCIDENTAL VESSEL COSTS LOAN Clause in Contracts

INCIDENTAL VESSEL COSTS LOAN. 1. A copy of any and all invoices in respect of approved Incidental Vessel Costs payable by the Owner on or immediately following the proposed Utilisation Date for the requested Incidental Vessel Costs Loan. 2. Confirmation from the Account Bank that the Owner has deposited in the Proceeds Account: (a) any Balancing Equity Contribution; and (b) the relevant Equity Contribution required under Clause 12.2(a)(i)(B), in respect of the relevant Incidental Vessel Costs Loan. To: Deutsche Bank Luxembourg S.A. as Facility Agent From: Drillship Kithira Owners Inc. 1. We refer to the Credit Agreement. This is a Request. Terms defined in the Credit Agreement shall have the same meaning when used in this Request. 2. We wish to borrow a Loan from you as follows: (a) Utilisation Date: [ ] (b) Amount: US$[ ] Incidental Costs Loan/Instalment Loan 1/Instalment Loan 2/Instalment Loan 3/Incidental Vessel Costs Loan/Delivery Loan1 Amount payable to the Builder towards the Instalment under the Shipbuilding Contract: US$[ ] +[Amount payable to the Debt Service Reserve Account: US$[Required DSRA Balance] [Amount payable in respect of Incidental Vessel Costs as set out below (as supported by the relevant attached invoices): [Amount payable in respect of Incidental Loan Costs as set out below:] (c) Details of item: US$[ ] (d) Details of item: US$[ ]] Total drawdown: US$[ ] 3. Our payment instructions are: [to include provisions that: (a) amount of Loan in respect of Instalment payable under the Shipbuilding Contract to be payable to the Builder's account [set out account details]; (b) [Required DSRA Balance to be credited to the Debt Service Reserve Account; ______________________ (c) Incidental Loan Costs to be credited to the Facility Agent's nominated account; and (d) Incidental Vessel Costs to be credited to [the Owner's: current account for forward payment to] the relevant payee account indicated in invoice] 4. We confirm that each condition precedent under the Credit Agreement which must be satisfied on the date of this Request is so satisfied and that the Repeating Representation are true and correct with reference to the facts and circumstances now subsisting. 5. This Request is irrevocable. 6. If applicable, a copy of: (a) [the relevant invoice from the Builder the final stage certificate signed by the Builder and us; and

Appears in 1 contract

Samples: Credit Facility Agreement (Ocean Rig UDW Inc.)

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INCIDENTAL VESSEL COSTS LOAN. 1. A copy of any and all invoices in respect of approved Incidental Vessel Costs payable by the Owner on or immediately following the proposed Utilisation Date for the requested Incidental Vessel Costs Loan. 2. Confirmation from the Account Bank that the Owner has deposited in the Proceeds Account: (a) any Balancing Equity Contribution; and (b) the relevant Equity Contribution required under Clause 12.2(a)(i)(B), in respect of the relevant Incidental Vessel Costs Loan. To: Deutsche Bank Luxembourg S.A. as Facility Agent From: Drillship Kithira Skopelos Owners Inc.Inc. Credit Agreement dated [ ] 2008 (the Credit Agreement) 1. We refer to the Credit Agreement. This is a Request. Terms defined in the Credit Agreement shall have the same meaning when used in this Request. 2. We wish to borrow a Loan from you as follows: (a) Utilisation Date: [ ] (b) Amount: US$[ ] Incidental Costs Loan/Instalment Loan 1/Instalment Loan 2/Instalment Loan 3/Incidental Vessel Costs Loan/Delivery Loan1 Loan* Amount payable to the Builder towards the Instalment under the Shipbuilding Contract: US$[ ] +[Amount payable to the Debt Service Reserve Account: US$[Required DSRA Balance] [Amount payable in respect of Incidental Vessel Costs as set out below (as supported by the relevant attached invoices): [Amount payable in respect of Incidental Loan Costs as set out below:] (c) Details of item: US$[ ] (d) Details of item: US$[ ]] ] (e) Total drawdown: US$[ ] 3. Our payment instructions are: [to include provisions that: (a) amount of Loan in respect of Instalment payable under the Shipbuilding Contract to be payable to the Builder's ’s account [set out account details]; (b) [Required DSRA Balance to be credited to the Debt Service Reserve Account; ______________________; (c) Incidental Loan Costs to be credited to the Facility Agent's ’s nominated account; and (d) Incidental Vessel Costs to be credited to [the Owner's’s: current account for forward payment to] the relevant payee account indicated in invoice] 4. We confirm that each condition precedent under the Credit Agreement which must be satisfied on the date of this Request is so satisfied and that the Repeating Representation are true and correct with reference to the facts and circumstances now subsisting. 5. This Request is irrevocable. 6. If applicable, a copy of: (a) [the relevant invoice from the Builder the final stage certificate signed by the Builder and us; and

Appears in 1 contract

Samples: Credit Agreement (Ocean Rig UDW Inc.)

INCIDENTAL VESSEL COSTS LOAN. 1. A copy of any and all invoices in respect of approved Incidental Vessel Costs payable by the Owner on or immediately following the proposed Utilisation Date for the requested Incidental Vessel Costs Loan. 2. Confirmation from the Account Bank that the Owner has deposited in the Proceeds Account: (a) any Balancing Equity Contribution; and (b) the relevant Equity Contribution required under Clause 12.2(a)(i)(B), in respect of the relevant Incidental Vessel Costs Loan. To: Deutsche Bank Luxembourg S.A. as Facility Agent From: Drillship Kithira Owners Inc.Inc. Credit Agreement dated [ ] 2008 (the Credit Agreement) 1. We refer to the Credit Agreement. This is a Request. Terms defined in the Credit Agreement shall have the same meaning when used in this Request. 2. We wish to borrow a Loan from you as follows: (a) Utilisation Date: [ ] (b) Amount: US$[ ] Incidental Costs Loan/Instalment Loan 1/Instalment Loan 2/Instalment Loan 3/Incidental Vessel Costs Loan/Delivery Loan1 Loan* Amount payable to the Builder towards the Instalment under the Shipbuilding Contract: US$[ ] +[Amount payable to the Debt Service Reserve Account: US$[Required DSRA Balance] [Amount payable in respect of Incidental Vessel Costs as set out below (as supported by the relevant attached invoices): [Amount payable in respect of Incidental Loan Costs as set out below:] (c) Details of item: US$[ ] (d) Details of item: US$[ ]] Total drawdown: US$[ ] 3. Our payment instructions are: [to include provisions that: (a) amount of Loan in respect of Instalment payable under the Shipbuilding Contract to be payable to the Builder's ’s account [set out account details]; (b) [Required DSRA Balance to be credited to the Debt Service Reserve Account; ______________________; (c) Incidental Loan Costs to be credited to the Facility Agent's ’s nominated account; and (d) Incidental Vessel Costs to be credited to [the Owner's’s: current account for forward payment to] the relevant payee account indicated in invoice] 4. We confirm that each condition precedent under the Credit Agreement which must be satisfied on the date of this Request is so satisfied and that the Repeating Representation are true and correct with reference to the facts and circumstances now subsisting. 5. This Request is irrevocable. 6. If applicable, a copy of: (a) [the relevant invoice from the Builder the final stage certificate signed by the Builder and us; and

Appears in 1 contract

Samples: Credit Facility Agreement (DryShips Inc.)

INCIDENTAL VESSEL COSTS LOAN. 1. A copy of any and all invoices in respect of approved Incidental Vessel Costs payable by the Owner on or immediately following the proposed Utilisation Date for the requested Incidental Vessel Costs Loan. 2. Confirmation from the Account Bank that the Owner has deposited in the Proceeds Account: (a) any Balancing Equity Contribution; and (b) the relevant Equity Contribution required under Clause 12.2(a)(i)(B), in respect of the relevant Incidental Vessel Costs Loan. To: Deutsche Bank Luxembourg S.A. as Facility Agent From: Drillship Kithira Skopelos Owners Inc.Inc. Credit Agreement dated [ ] 2008 (the Credit Agreement) 1. We refer to the Credit Agreement. This is a Request. Terms defined in the Credit Agreement shall have the same meaning when used in this Request. 2. We wish to borrow a Loan from you as follows: (a) Utilisation Date: [ ] (b) Amount: US$[ ] Incidental Costs Loan/Instalment Loan 1/Instalment Loan 2/Instalment Loan 3/Incidental Vessel Costs Loan/Delivery Loan1 Loan* Amount payable to the Builder towards the Instalment under the Shipbuilding Contract: US$[ ] +[Amount payable to the Debt Service Reserve Account: US$[Required DSRA Balance] [Amount payable in respect of Incidental Vessel Costs as set out below (as supported by the relevant attached invoices): [Amount payable in respect of Incidental Loan Costs as set out below:] (c) Details of item: US$[ ] (d) Details of item: US$[ ]] Total drawdown: US$[ ] 3. Our payment instructions are: [to include provisions that: (a) amount of Loan in respect of Instalment payable under the Shipbuilding Contract to be payable to the Builder's ’s account [set out account details]; (b) [Required DSRA Balance to be credited to the Debt Service Reserve Account; ______________________; (c) Incidental Loan Costs to be credited to the Facility Agent's ’s nominated account; and (d) Incidental Vessel Costs to be credited to [the Owner's’s: current account for forward payment to] the relevant payee account indicated in invoice] 4. We confirm that each condition precedent under the Credit Agreement which must be satisfied on the date of this Request is so satisfied and that the Repeating Representation are true and correct with reference to the facts and circumstances now subsisting. 5. This Request is irrevocable. 6. If applicable, a copy of: (a) [the relevant invoice from the Builder the final stage certificate signed by the Builder and us; and (b) the relevant invoices in respect of the Incidental Vessel Costs, is attached to this Request.] By: DRILLSHIP SKOPELOS OWNERS INC. Authorised Signatory *Delete as appropriate + Delivery Loan only To: DRILLSHIP SKOPELOS OWNERS INC. From: [THE EXISTING LENDER] and [THE NEW LENDER] Date: [ ] Credit Agreement dated [ ] (the Credit Agreement) We refer to Clause 27.3 (Procedure for transfer by way of novations) of the Credit Agreement. Terms defined in the Credit Agreement shall have the same meaning when used in this Novation Certificate. 1. We [ ] (the Existing Lender) and [ ] (the New Lender) agree to the Existing Lender and the New Lender novating all the Existing Lender’s rights and obligations referred to in the Schedule in accordance with Clause 27.3 (Procedure for transfer by way of novations) of the Credit Agreement. 2. The specified date for the purposes of Clause 27.3(a) of the Credit Agreement is [date of novation]. 3. The Facility Office and address for notices of the New Lender for the purposes of Clause 33.2 (Contact details) of the Credit Agreement are set out in the Schedule attached to this Certificate. 4. This Novation Certificate is governed by English law. [Choose either of the following options:] (a) All of the rights and obligations of the Existing Lender in respect of the Facility – principal amount US$[ ]. (b) The principal amount of US$[ ] in respect of each of the Loans and all the rights and obligations attached to the same – total principal amount US$[ ]. [New Bank] [Facility Office Address for notices] [Existing Lender] [New Lender] By: By: Date: Date: The Transfer Date is confirmed by the Facility Agent as [ ]. [ ] By: 1 31 May 2012 US$31,250,000 2 30 November 2012 US$31,250,000 3 31 May 2013 US$31,250,000 4 30 November 2013 US$31,250,000 5 31 May 2014 US$31,250,000 6 30 November 2014 US$31,250,000 7 31 May 2015 US$31,250,000 8 30 November 2015 US$31,250,000 9 31 May 2016 US$31,250,000 10 30 November 2016 US$31,250,000 11 31 May 2017 US$31,250,000 12 30 November 2017 US$31,250,000 13 31 May 2018 US$31,250,000 14 30 November 2018 US$31,250,000 15 31 May 2019 US$31,250,000 16 30 November 2019 US$31,250,000 17 31 May 2020 US$31,250,000 18 30 November 2020 US$31,250,000 To: Deutsche Bank Luxembourg S.A as Facility Agent From: Drillship Skopelos Owners Inc. Drillship Skopelos Owners Inc. Credit Agreement dated [ ] (the Credit Agreement) 1. Terms defined in the Credit Agreement have the same meaning in this Certificate. 2. We hereby certify that [no Default or Mandatory Termination Event has occurred and is continuing or is outstanding] [a Default/Mandatory Prepayment Event under Clause [ ] of [specify document] is outstanding] and the following steps are being taken to remedy it [ ]. 3. With respect to the Calculation Period ending on [insert Repayment Date] the Debt Service Ratio was [l] calculated on the basis of the figures in the table below. Relevant figures for Calculation Period US$ Gross Revenues received Operating Expenses payable Financing Costs accrued Financing Principal payable CAPEX payable Yours faithfully, …………………………… [Senior Officer]

Appears in 1 contract

Samples: Credit Facility Agreement (DryShips Inc.)

INCIDENTAL VESSEL COSTS LOAN. 1. A copy of any and all invoices in respect of approved Incidental Vessel Costs payable by the Owner on or immediately following the proposed Utilisation Date for the requested Incidental Vessel Costs Loan. 2. Confirmation from the Account Bank that the Owner has deposited in the Proceeds Account: (a) any Balancing Equity Contribution; and (b) the relevant Equity Contribution required under Clause 12.2(a)(i)(B), in respect of the relevant Incidental Vessel Costs Loan. To: Deutsche Bank Luxembourg S.A. as Facility Agent From: Drillship Kithira Skopelos Owners Inc. 1. We refer to the Credit Agreement. This is a Request. Terms defined in the Credit Agreement shall have the same meaning when used in this Request. 2. We wish to borrow a Loan from you as follows: (a) Utilisation Date: [ ] (b) Amount: US$US$ [ ] Incidental Costs Loan/Instalment Loan 1/Instalment Loan 2/Instalment Loan 3/Incidental Vessel Costs Loan/Delivery Loan1 Loan* Amount payable to the Builder towards the Instalment under the Shipbuilding Contract: US$[ ] +[Amount payable to the Debt Service Reserve Account: US$[Required DSRA Balance] [Amount payable in respect of Incidental Vessel Costs as set out below (as supported by the relevant attached invoices): [Amount payable in respect of Incidental Loan Costs as set out below:] (c) Details of item: US$[ ] (d) Details of item: US$[ ]] Total drawdown: US$[ ] 3. Our payment instructions are: [to include provisions that: (a) amount of Loan in respect of Instalment payable under the Shipbuilding Contract to be payable to the Builder's ’s account [set out account details]; (b) [Required DSRA Balance to be credited to the Debt Service Reserve Account; ______________________; (c) Incidental Loan Costs to be credited to the Facility Agent's ’s nominated account; and (d) Incidental Vessel Costs to be credited to [the Owner's’s: current account for forward payment to] the relevant payee account indicated in invoice] 4. We confirm that each condition precedent under the Credit Agreement which must be satisfied on the date of this Request is so satisfied and that the Repeating Representation are true and correct with reference to the facts and circumstances now subsisting. 5. This Request is irrevocable. 6. If applicable, a copy of: (a) [the relevant invoice from the Builder the final stage certificate signed by the Builder and us; and

Appears in 1 contract

Samples: Credit Facility Agreement (Ocean Rig UDW Inc.)

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INCIDENTAL VESSEL COSTS LOAN. 1. A copy of any and all invoices in respect of approved Incidental Vessel Costs payable by the Owner on or immediately following the proposed Utilisation Date for the requested Incidental Vessel Costs Loan. 2. Confirmation from the Account Bank that the Owner has deposited in the Proceeds Account: (a) any Balancing Equity Contribution; and (b) the relevant Equity Contribution required under Clause 12.2(a)(i)(B), in respect of the relevant Incidental Vessel Costs Loan. To: Deutsche Bank Luxembourg S.A. as Facility Agent From: Drillship Kithira Owners Inc.Inc. Credit Agreement dated [ ]2008 (the Credit Agreement) 1. We refer to the Credit Agreement. This is a Request. Terms defined in the Credit Agreement shall have the same meaning when used in this Request. 2. We wish to borrow a Loan from you as follows: (a) Utilisation Date: [ ] (b) Amount: US$US$ [ ] Incidental Costs Loan/Instalment Loan 1/Instalment Loan 2/Instalment Loan 3/Incidental Vessel Costs Loan/Delivery Loan1 Loan* Amount payable to the Builder towards the Instalment under the Shipbuilding Contract: US$[ ] +[Amount payable to the Debt Service Reserve Account: US$[Required DSRA Balance] [Amount payable in respect of Incidental Vessel Costs as set out below (as supported by the relevant attached invoices): [Amount payable in respect of Incidental Loan Costs as set out below:] (c) Details of item: US$[ ] (d) Details of item: US$[ ]] Total drawdown: US$[ ] 3. Our payment instructions are: [to include provisions that: (a) amount of Loan in respect of Instalment payable under the Shipbuilding Contract to be payable to the Builder's ’s account [set out account details]; (b) [Required DSRA Balance to be credited to the Debt Service Reserve Account; ______________________; (c) Incidental Loan Costs to be credited to the Facility Agent's ’s nominated account; and (d) Incidental Vessel Costs to be credited to [the Owner's’s: current account for forward payment to] the relevant payee account indicated in invoice] 4. We confirm that each condition precedent under the Credit Agreement which must be satisfied on the date of this Request is so satisfied and that the Repeating Representation are true and correct with reference to the facts and circumstances now subsisting. 5. This Request is irrevocable. 6. If applicable, a copy of: (a) [the relevant invoice from the Builder the final stage certificate signed by the Builder and us; and

Appears in 1 contract

Samples: Credit Facility Agreement (Ocean Rig UDW Inc.)

INCIDENTAL VESSEL COSTS LOAN. 1. A copy of any and all invoices in respect of approved Incidental Vessel Costs payable by the Owner on or immediately following the proposed Utilisation Date for the requested Incidental Vessel Costs Loan. 2. Confirmation from the Account Bank that the Owner has deposited in the Proceeds Account: (a) any Balancing Equity Contribution; and (b) the relevant Equity Contribution required under Clause 12.2(a)(i)(B), in respect of the relevant Incidental Vessel Costs Loan. To: Deutsche Bank Luxembourg S.A. as Facility Agent From: Drillship Kithira Owners Inc.Inc. Credit Agreement dated [ ] 2008 (the Credit Agreement) 1. We refer to the Credit Agreement. This is a Request. Terms defined in the Credit Agreement shall have the same meaning when used in this Request. 2. We wish to borrow a Loan from you as follows: (a) Utilisation Date: [ ] (b) Amount: US$[ ] Incidental Costs Loan/Instalment Loan 1/Instalment Loan 2/Instalment Loan 3/Incidental Vessel Costs Loan/Delivery Loan1 Loan* Amount payable to the Builder towards the Instalment under the Shipbuilding Contract: US$[ ] +[Amount payable to the Debt Service Reserve Account: US$[Required DSRA Balance] [Amount payable in respect of Incidental Vessel Costs as set out below (as supported by the relevant attached invoices): [Amount payable in respect of Incidental Loan Costs as set out below:] (c) Details of item: US$[ ] (d) Details of item: US$[ ]] Total drawdown: US$[ ] 3. Our payment instructions are: [to include provisions that: (a) amount of Loan in respect of Instalment payable under the Shipbuilding Contract to be payable to the Builder's ’s account [set out account details]; (b) [Required DSRA Balance to be credited to the Debt Service Reserve Account; ______________________ (c) Incidental Loan Costs to be credited to the Facility Agent's nominated account; and (d) Incidental Vessel Costs to be credited to [the Owner's: current account for forward payment to] the relevant payee account indicated in invoice] 4. We confirm that each condition precedent under the Credit Agreement which must be satisfied on the date of this Request is so satisfied and that the Repeating Representation are true and correct with reference to the facts and circumstances now subsisting. 5. This Request is irrevocable. 6. If applicable, a copy of: (a) [the relevant invoice from the Builder the final stage certificate signed by the Builder and us; and;

Appears in 1 contract

Samples: Credit Agreement (Ocean Rig UDW Inc.)

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