Common use of ISM Code Clause in Contracts

ISM Code. The Borrower shall, and shall procure that the Manager shall: (a) at all times after the Delivery Date of a Vessel be responsible for compliance by itself and by such Vessel with the ISM Code; (b) at all times after the Delivery Date of a Vessel ensure that: (i) the Vessel has a valid Safety Management Certificate (as defined in the ISM Code); (ii) the Vessel is subject to a safety management system (as defined in the ISM Code) which complies with the ISM Code; and (iii) there is a valid Document of Compliance (as defined in the ISM Code) for the Vessel, which is held on board the Vessel, and shall deliver to the Facility Agent, on or before the Delivery Date of a Vessel, a copy of a valid Safety Management Certificate and a valid Document of Compliance in respect of the relevant Vessel, in each case duly certified by an officer of the Borrower; (c) promptly notify the Facility Agent of any actual or, upon becoming aware of the same, threatened withdrawal of an applicable Safety Management Certificate or Document of Compliance; (d) promptly notify the Facility Agent of the identity of the person ashore designated for the purposes of paragraph 4 of the ISM Code and of any change in the identity of that person; and (e) promptly upon becoming aware of the same notify the Facility Agent of the occurrence of any accident or major non-conformity (as defined in the ISM Code) requiring action under the ISM Code.

Appears in 2 contracts

Samples: Credit Facility Agreement, Credit Facility Agreement (Seaspan CORP)

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ISM Code. The Borrower shall, and shall procure that the Manager shall: (a) at all times after the Delivery Date of a Vessel Applicable Time be responsible for compliance by itself and by such each Secured Vessel with the ISM Code; (b) at all times after the Delivery Date of a Vessel Applicable Time ensure that: (i) the each Secured Vessel has a valid Safety Management Certificate (as defined in the ISM Code); (ii) the each Secured Vessel is subject to a safety management system (as defined in the ISM Code) which complies with the ISM Code; and (iii) there is a valid Document of Compliance (as defined in the ISM Code) for the Vessel), which is held on board the Secured Vessel, and shall deliver to the Facility Agent, on or before the Delivery Date of a VesselApplicable Time, a copy of a valid Safety Management Certificate and a valid Document of Compliance in respect of the relevant Vessel, in each case duly certified by an officer of the Borrower; (c) promptly notify the Facility Agent of any actual or, upon becoming aware of the same, threatened withdrawal of an applicable Safety Management Certificate or Document of Compliance; (d) promptly notify the Facility Agent of the identity of the person ashore designated for the purposes of paragraph 4 of the ISM Code and of any change in the identity of that person; and (e) promptly upon becoming aware of the same notify the Facility Agent of the occurrence of any accident or major non-conformity (as defined in the ISM Code) requiring action under the ISM Code.

Appears in 1 contract

Samples: Credit Facility Agreement (Seaspan CORP)

ISM Code. The relevant Borrower shall, and shall procure that the Manager shall: (a) at all times after the Delivery Date of a Vessel Applicable Time be responsible for compliance by itself and by such its Vessel with the ISM Code; (b) at all times after the Delivery Date of a Vessel Applicable Time ensure that: (i) the its Vessel has a valid Safety Management Certificate (as defined in the ISM Code); (ii) the its Vessel is subject to a safety management system (as defined in the ISM Code) which complies with the ISM Code; and (iii) there is the Manager holds a valid Document of Compliance (as defined in the ISM Code) for the Vessel), a copy of which is held on board the Vesselrelevant Vessel , and shall deliver to the Facility Agent, on or before the Delivery Date of a VesselApplicable Time, a copy of a valid Safety Management Certificate and a valid Document of Compliance in respect of the relevant Vessel, and a valid Document of Compliance in each case duly certified by an officer of the relevant Borrower; (c) promptly notify the Facility Agent of any actual oror upon becoming, upon becoming aware of the same, threatened withdrawal of an applicable Safety Management Certificate or Document of Compliance; (d) promptly notify the Facility Agent of the identity of the person ashore designated for the purposes of paragraph 4 of the ISM Code and of any change in the identity of that person; and (e) promptly upon becoming becoming, aware of the same notify the Facility Agent of the occurrence of any accident or major non-conformity (as defined in the ISM Code) requiring action under the ISM Code.

Appears in 1 contract

Samples: Credit Facility Agreement (Global Ship Lease, Inc.)

ISM Code. The Borrower shall, and shall procure that the Manager shall: (a) at all times after the Delivery Date of a Vessel Applicable Time be responsible for compliance by itself and by such each Secured Vessel with the ISM Code; (b) at all times after the Delivery Date of a Vessel Applicable Time ensure that: (i) the each Secured Vessel has a valid Safety Management Certificate (as defined in the ISM Code); (ii) the each Secured Vessel is subject to a safety management system (as defined in the ISM Code) which complies with the ISM Code; and (iii) there is a valid Document of Compliance (as defined in the ISM Code) for the Vessel), which is held on board the Secured Vessel, , (c) and shall deliver to the Facility Agent, on or before the Delivery Date of a VesselApplicable Time, a copy of a valid Safety Management Certificate and a valid Document of Compliance in respect of the relevant Vessel, in each case duly certified by an officer of the Borrower; (cd) promptly notify the Facility Agent of any actual or, upon becoming aware of the same, threatened withdrawal of an applicable Safety Management Certificate or Document of Compliance; (de) promptly notify the Facility Agent of the identity of the person ashore designated for the purposes of paragraph 4 of the ISM Code and of any change in the identity of that person; and (ef) promptly upon becoming aware of the same notify the Facility Agent of the occurrence of any accident or major non-conformity (as defined in the ISM Code) requiring action under the ISM Code.

Appears in 1 contract

Samples: Credit Facility Agreement (Seaspan CORP)

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ISM Code. The Borrower Guarantor shall, and shall procure that the Manager shall: (a) at all times after the Delivery Date of a Vessel be responsible for compliance by itself and by such Vessel with the ISM Code; (b) at all times after the Delivery Date of a Vessel ensure that: (i) the Vessel has a valid Safety Management Certificate (as defined in the ISM Code); (ii) the Vessel is subject to a safety management system (as defined in the ISM Code) which complies with the ISM Code; and (iii) there is a valid Document of Compliance (as defined in the ISM Code) for the Vessel, which is held on board the Vessel, and shall deliver to the Facility Agent, on or before the Delivery Date of a Vessel, a copy of a valid Safety Management Certificate and a valid Document of Compliance in respect of the relevant Vessel, in each case duly certified by an officer of the BorrowerGuarantor; (c) promptly notify the Facility Agent of any actual or, upon becoming aware of the same, threatened withdrawal of an applicable Safety Management Certificate or Document of Compliance; (d) promptly notify the Facility Agent of the identity of the person ashore designated for the purposes of paragraph 4 of the ISM Code and of any change in the identity of that person; and (e) promptly upon becoming aware of the same notify the Facility Agent of the occurrence of any accident or major non-conformity (as defined in the ISM Code) requiring action under the ISM Code.

Appears in 1 contract

Samples: Reducing Revolving Credit Facility (Seaspan CORP)

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