Information regarding the Vessel. (a) The Owner shall upon becoming aware of the same, and shall procure that the Manager shall upon the earlier of (i) becoming aware of the same and (ii) the time when a prudent manager ought reasonably to have become aware of the same, at all times after the Delivery Date: (i) promptly notify the Facility Agent of the occurrence of any accident, casualty or other event which has caused or resulted in or may cause or result in the Vessel being or becoming a Total Loss; (ii) promptly notify the Facility Agent of any requirement or recommendation made by any Insurer or the Classification Society or by any competent authority which is not complied with in a timely manner, disregarding any matter which cannot reasonably be considered to be material; (iii) promptly notify the Facility Agent of any intended dry-docking of the Vessel (whether routine or otherwise); (iv) promptly notify the Facility Agent of any claim for a material breach of the ISM Code being made in connection with the Vessel or its operation; (v) promptly notify the Facility Agent of any claim for a material breach of the ISPS Code being made in connection with the Vessel or its operation; (vi) give to the Facility Agent from time to time on request such information, in electronic form by email attachments or hard copy, as the Facility Agent may reasonably require regarding the Vessel, its employment, position and engagements or regarding the Obligatory Insurances; (vii) provide the Facility Agent with copies of the classification certificate of the Vessel and of all periodic damage or survey reports on the Vessel which the Facility Agent may reasonably request; (viii) promptly notify the Facility Agent when a condition of class is applied by the Classification Society; (ix) promptly notify the Facility Agent if the Vessel is detained by any port, governmental or quasi-governmental authority; (x) promptly notify the Facility Agent if the flag state or the Classification Society refuse to issue or withdraw any trading certification; (xi) promptly notify the Facility Agent of any fire on board the Vessel which requires the use of fixed fire systems; (xii) promptly notify the Facility Agent of any collision or grounding of the Vessel; (xiii) promptly notify the Facility Agent if the Vessel is taken under tow other than in respect of the routine operation of the Vessel; (xiv) promptly notify the Facility Agent of any death or serious injury to any person which occurs on board the Vessel; (xv) subject to any applicable restriction under a Drilling Charter give to the Facility Agent and its duly authorised representatives (at their own risk and expense) reasonable access to the Vessel but without interruption to her use or operation for the purpose of conducting on board inspections and/or surveys of the Vessel and the Technical Records; (xvi) if the Facility Agent reasonably believes an Event of Default may have occurred and is continuing, procure that the Facility Agent and its duly authorised representatives shall upon request be granted the right to inspect the records kept in respect of the Vessel by the Classification Society; and (xvii) if the Facility Agent reasonably believes an Event of Default may have occurred and is continuing, furnish to the Facility Agent from time to time upon reasonable request certified copies of the ship’s log in respect of the Vessel. (b) The Owner shall, upon becoming aware of the same, during the Pre-Delivery Period, notify the Facility Agent of any accident, casualty or other event which has caused or resulted in or may cause or result in the Vessel as it is then constructed becoming a Total Loss or being reasonably considered as beyond economic repair.
Appears in 6 contracts
Samples: Credit Facility Agreement (Ocean Rig UDW Inc.), Credit Facility Agreement (DryShips Inc.), Credit Facility Agreement (DryShips Inc.)
Information regarding the Vessel. (a) The Owner shall upon becoming aware of the same, and shall procure that the Manager shall upon the earlier of (i) becoming aware of the same and (ii) the time when a prudent manager ought reasonably to have become aware of the same, Borrower will at all times after the Delivery Date:
(ia) promptly notify the Facility Agent of the occurrence of any accident, casualty or other event which has caused or resulted in or may cause or result in the Vessel being or becoming a Total Loss;
(iib) promptly notify the Facility Agent of any requirement or recommendation made by any Insurer or the Classification Society classification society or by any competent authority which is not complied with in a timely manner, disregarding any matter which cannot reasonably be considered to be material;
(iiic) promptly notify the Facility Agent of any intended dry-dry docking of the Vessel (whether routine or otherwise)Vessel;
(ivd) promptly notify the Facility Agent of any Environmental Claim being made in connection with the Vessel or its operation;
(e) promptly notify the Agent of any claim for a material breach of the ISM Code being made in connection with the Vessel or its operation;
(v) promptly notify the Facility Agent of any claim for a material breach of the ISPS Code being made in connection with the Vessel or its operation;
(vif) give to the Facility Agent from time to time on request such information, in electronic form by email attachments or hard copy, information as the Facility Agent may reasonably require regarding the Vessel, its her employment, position and engagements or regarding the Obligatory Insurancesengagements;
(viig) provide the Facility Agent on request with copies of the classification certificate of the Vessel and of all periodic damage or survey reports on the Vessel which the Facility Agent may reasonably request;
(viii) promptly notify the Facility Agent when a condition of class is applied by the Classification Society;
(ix) promptly notify the Facility Agent if the Vessel is detained by any port, governmental or quasi-governmental authority;
(x) promptly notify the Facility Agent if the flag state or the Classification Society refuse to issue or withdraw any trading certification;
(xi) promptly notify the Facility Agent of any fire on board the Vessel which requires the use of fixed fire systems;
(xii) promptly notify the Facility Agent of any collision or grounding of the Vessel;
(xiiih) promptly notify furnish the Facility Agent if with full information of any casualty or other accident or damage to the Vessel is taken under tow other than involving an amount in respect excess of the routine operation of the VesselUS$2,500,000 (or equivalent);
(xivi) promptly notify the Facility Agent of any death or serious injury to any person which occurs on board the Vessel;
(xv) subject to any applicable restriction under a Drilling Charter give to the Facility Agent and its duly authorised representatives (at their own risk and expense) reasonable access to the Vessel but without interruption to her use or operation for the purpose of conducting on board inspections and/or surveys of the Vessel and pay the Technical Records;reasonable expenses incurred by the Agent in connection with the inspections and/or surveys provided that, unless a Default has occurred and is continuing, such inspections and/or surveys shall not take place at the expense of the Borrower other than at dry docking and the Agent shall co-operate with the Borrower in respect of the timing for and the place where such surveys take place in order to minimise disruption to the activities of the Vessel; and
(xvij) if the Facility Agent reasonably believes an Event of Default may have occurred and is continuing, procure that the Facility Agent and its duly authorised representatives shall upon request be granted the right to inspect the records kept in respect of the Vessel by the Classification Society; and
(xvii) if the Facility Agent reasonably believes an Event of Default may have occurred and is continuingoccurred, furnish to the Facility Agent from time to time upon reasonable request certified copies of the ship’s 's log in respect of the Vessel.
(b) The Owner shall, upon becoming aware of the same, during the Pre-Delivery Period, notify the Facility Agent of any accident, casualty or other event which has caused or resulted in or may cause or result in the Vessel as it is then constructed becoming a Total Loss or being reasonably considered as beyond economic repair.
Appears in 2 contracts
Samples: Loan Agreement, Loan Agreement (Teekay LNG Partners L.P.)
Information regarding the Vessel. (a) The Owner Borrower shall upon becoming aware of the same, and shall procure that the Manager shall upon the earlier of (i) becoming aware of the same and (ii) the time when a prudent manager ought reasonably to have become aware of the same, at all times after the Delivery Date:
(ia) promptly notify the Facility Agent of the occurrence of any accident, casualty or other event which has caused or resulted in or may cause or result in the Vessel being or becoming a Total Loss;
(iib) promptly notify the Facility Agent of any requirement or recommendation made by any Insurer or the Classification Society or by any competent authority which is not complied with in a timely manner, disregarding any matter which cannot reasonably be considered to be material;
(iiic) promptly notify the Facility Agent of any intended dry-docking of the Vessel (whether routine or otherwise);
(ivd) promptly notify the Facility Agent of any claim for a material breach of the ISM Code being made in connection with the Vessel or its operation;
(ve) promptly notify the Facility Agent of any claim for a material breach of the ISPS Code being made in connection with the Vessel or its operation;
(vif) give to the Facility Agent from time to time on request such information, in electronic form by email attachments or hard copy, as the Facility Agent may reasonably require regarding the Vessel, its employment, position and engagements or regarding the Obligatory Insurances;
(viig) provide the Facility Agent with copies of the classification certificate of the Vessel and of all periodic damage or survey reports on the Vessel which the Facility Agent may reasonably request;
(viiih) promptly notify the Facility Agent when a condition of class is applied by the Classification Society;
(ixi) promptly notify the Facility Agent if the Vessel is detained by any port, governmental or quasi-governmental authority;
(xj) promptly notify the Facility Agent if the flag state or the Classification Society refuse to issue or withdraw any trading certification;
(xik) promptly notify the Facility Agent of any fire on board the Vessel which requires the use of fixed fire systems;
(xiil) promptly notify the Facility Agent of any collision or grounding of the Vessel;
(xiiim) promptly notify the Facility Agent if the Vessel is taken under tow other than in respect of the routine operation of the Vessel;
(xivn) promptly notify the Facility Agent of any death or serious injury to any person which occurs on board the Vessel;
(xvo) subject to any applicable restriction under a Drilling Charter give to the Facility Agent and its duly authorised representatives (at their own risk and expense) reasonable access to the Vessel but without interruption to her use or operation for the purpose of conducting on board inspections and/or surveys of the Vessel and the Technical Records;
(xvip) if the Facility Agent reasonably believes an Event of Default may have occurred and is continuing, procure that the Facility Agent and its duly authorised representatives shall upon request be granted the right to inspect the records kept in respect of the Vessel by the Classification Society; and
(xviiq) if the Facility Agent reasonably believes an Event of Default may have occurred and is continuing, furnish to the Facility Agent from time to time upon reasonable request certified copies of the ship’s log in respect of the Vessel.
(b) The Owner shall, upon becoming aware of the same, during the Pre-Delivery Period, notify the Facility Agent of any accident, casualty or other event which has caused or resulted in or may cause or result in the Vessel as it is then constructed becoming a Total Loss or being reasonably considered as beyond economic repair.
Appears in 1 contract
Information regarding the Vessel. (a) The Owner shall upon becoming aware of the same, and shall procure that the Bareboat Charterer during the Bareboat Charter and the Manager shall upon the earlier of (i) becoming aware of the same and (ii) the time when a prudent manager ought reasonably to have become aware of the same, at all times after the Delivery Date:
(i) promptly notify the Facility Agent of the occurrence of any accident, casualty or other event which has caused or resulted in or may cause or result in the Vessel being or becoming a Total Loss;
(ii) promptly notify the Facility Agent of any requirement or recommendation made by any Insurer or the Classification Society or by any competent authority which is not complied with in a timely manner, disregarding any matter which cannot reasonably be considered to be material;
(iii) promptly notify the Facility Agent of any intended dry-docking of the Vessel (whether routine or otherwise);
(iv) promptly notify the Facility Agent of any claim for a material breach of the ISM Code being made in connection with the Vessel or its operation;
(v) promptly notify the Facility Agent of any claim for a material breach of the ISPS Code being made in connection with the Vessel or its operation;
(vi) give to the Facility Agent from time to time on request such information, in electronic form by email attachments or hard copy, as the Facility Agent may reasonably require regarding the Vessel, its employment, position and engagements or regarding the Obligatory Insurances, and shall without undue delay send copies of all notices sent or received by it, Ocean Rig, the Bareboat Charterer, or the Manager under the terms of the OCR Time Charter, the Bareboat Charter or the Petrobras Charter (except for communications in the ordinary course of business);
(vii) provide the Facility Agent with copies of the classification certificate of the Vessel and of all periodic damage or survey reports on the Vessel which the Facility Agent may reasonably request;
(viii) promptly notify the Facility Agent when a condition of class is applied by the Classification Society;
(ix) promptly notify the Facility Agent if the Vessel is detained by any port, governmental or quasi-governmental authority;
(x) promptly notify the Facility Agent if the flag state or the Classification Society refuse to issue or withdraw any trading certification;
(xi) promptly notify the Facility Agent of any fire on board the Vessel which requires the use of fixed fire systems;
(xii) promptly notify the Facility Agent of any collision or grounding of the Vessel;
(xiii) promptly notify the Facility Agent if the Vessel is taken under tow other than in respect of the routine operation of the Vessel;
(xiv) promptly notify the Facility Agent of any death or serious injury to any person which occurs on board the Vessel;
(xv) subject to any applicable restriction under a Drilling Charter give to the Facility Agent and its duly authorised representatives (at their own risk and expense) reasonable access to the Vessel but without interruption to her use or operation for the purpose of conducting on board inspections and/or surveys of the Vessel and the Technical Records;
(xvi) if the Facility Agent reasonably believes an Event of Default may have occurred and is continuing, procure that the Facility Agent and its duly authorised representatives shall upon request be granted the right to inspect the records kept in respect of the Vessel by the Classification Society; and
(xvii) if the Facility Agent reasonably believes an Event of Default may have occurred and is continuing, furnish to the Facility Agent from time to time upon reasonable request certified copies of the ship’s 's log in respect of the Vessel.
(b) The Owner shall, and shall procure that the Bareboat Charterer during the Bareboat Charter Period, and the Manager shall, upon becoming aware of the same, during the Pre-Delivery Period, notify the Facility Agent of any accident, casualty or other event which has caused or resulted in or may cause or result in the Vessel as it is then constructed becoming a Total Loss or being reasonably considered as beyond economic repair.
Appears in 1 contract
Information regarding the Vessel. (a) The Owner shall upon becoming aware of the same, and shall procure that the Bareboat Charterer (during the Bareboat Charter Period), the Operator (during the Operator Period) and the Manager shall upon the earlier of (i) becoming aware of the same and (ii) the time when a prudent manager ought reasonably to have become aware of the same, at all times after the Delivery Date:
(i) promptly notify the Facility Agent of the occurrence of any accident, casualty or other event which has caused or resulted in or may cause or result in the Vessel being or becoming a Total Loss;
(ii) promptly notify the Facility Agent of any requirement or recommendation made by any Insurer or the Classification Society or by any competent authority which is not complied with in a timely manner, disregarding any matter which cannot reasonably be considered to be material;
(iii) promptly notify the Facility Agent of any intended dry-docking of the Vessel (whether routine or otherwise);
(iv) promptly notify the Facility Agent of any claim for a material breach of the ISM Code being made in connection with the Vessel or its operation;
(v) promptly notify the Facility Agent of any claim for a material breach of the ISPS Code being made in connection with the Vessel or its operation;
(vi) give to the Facility Agent from time to time on request such information, in electronic form by email attachments or hard copy, as the Facility Agent may reasonably require regarding the Vessel, its employment, position and engagements or regarding the Obligatory Insurances, and shall without undue delay send copies of all notices sent or received by it, the Bareboat Charterer, or the Manager under the terms of the Bareboat Charter or the Petrobras Brasil Charter or by the Operator under the Terms of the Services Contract (except for communications in the ordinary course of business);
(vii) provide the Facility Agent with copies of the classification certificate of the Vessel and of all periodic damage or survey reports on the Vessel which the Facility Agent may reasonably request;
(viii) promptly notify the Facility Agent when a condition of class is applied by the Classification Society;
(ix) promptly notify the Facility Agent if the Vessel is detained by any port, governmental or quasi-governmental authority;
(x) promptly notify the Facility Agent if the flag state or the Classification Society refuse to issue or withdraw any trading certification;
(xi) promptly notify the Facility Agent of any fire on board the Vessel which requires the use of fixed fire systems;
(xii) promptly notify the Facility Agent of any collision or grounding of the Vessel;
(xiii) promptly notify the Facility Agent if the Vessel is taken under tow other than in respect of the routine operation of the Vessel;
(xiv) promptly notify the Facility Agent of any death or serious injury to any person which occurs on board the Vessel;
(xv) subject to any applicable restriction under a Drilling Charter give to the Facility Agent and its duly authorised representatives (at their own risk and expense) reasonable access to the Vessel but without interruption to her use or operation for the purpose of conducting on board inspections and/or surveys of the Vessel and the Technical Records;
(xvi) if the Facility Agent reasonably believes an Event of Default may have occurred and is continuing, procure that the Facility Agent and its duly authorised representatives shall upon request be granted the right to inspect the records kept in respect of the Vessel by the Classification Society; and
(xvii) if the Facility Agent reasonably believes an Event of Default may have occurred and is continuing, furnish to the Facility Agent from time to time upon reasonable request certified copies of the ship’s 's log in respect of the Vessel.
(b) The Owner shall, and shall procure that the Bareboat Charterer (during the Bareboat Charter Period), the Operator (during the Operator Period) and the Manager shall, upon becoming aware of the same, during the Pre-Delivery Period, notify the Facility Agent of any accident, casualty or other event which has caused or resulted in or may cause or result in the Vessel as it is then constructed becoming a Total Loss or being reasonably considered as beyond economic repair.
Appears in 1 contract