Common use of Lawful and Safe Operation Clause in Contracts

Lawful and Safe Operation. The Owner shall, and shall procure that the Manager shall, at all times after the Delivery Date: (a) operate the Vessel and cause the Vessel to be operated in a manner consistent in all material respects with any Applicable Law; (b) not cause or permit the Vessel to trade with, or within the territorial waters of, any country in which her safety may be imperilled by exposure to terrorism; (c) not cause or permit the Vessel to be employed in any manner which will or may give rise to any reasonable degree of likelihood that the Vessel would be liable to arrest, requisition, confiscation, forfeiture, seizure, destruction or condemnation as prize; (d) not cause or permit the Vessel to be employed in any trade or business which is forbidden by Applicable Law or is illicit or in carrying goods which are illicit or prohibited under any Applicable Law; (e) in the event of hostilities in any part of the world (whether war be declared or not) not cause or permit the Vessel to be carrying any contraband goods and/or trading in any zone after it has been declared a war zone by any authority or by any of the Vessel’s war risks Insurers unless the Vessel’s Insurers shall have confirmed to the Owner that the Vessel is held covered under the Obligatory Insurances or under a government scheme that gives comparable protection for the voyage(s) in question; and (f) not charter the Vessel with any foreign country or national of any foreign country which is the subject of sanctions imposed by the United Nations or is specified by legislation or regulations of the flag state under which the Vessel is registered and such that, if the earnings or any part of the earnings were derived from such charter, that fact would render any Finance Document or the security conferred by the Security Documents unlawful.

Appears in 6 contracts

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

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Lawful and Safe Operation. The Owner shallBorrower will, and shall will procure that the Manager shallwill, at all times after the Delivery DateDate of each Vessel: (a) operate the each Vessel and cause each of the Vessel Vessels to be operated in a manner consistent in all material respects with any Applicable Lawand all laws, regulations, treaties and conventions (and all rules and regulations issued thereunder) from time to time applicable to the Vessel; (b) not cause or permit any of the Vessel Vessels to trade with, or within the territorial waters of, of any country in which her safety may could reasonably be expected to be imperilled by exposure to piracy, terrorism, arrest, requisition, confiscation, forfeiture, seizure, destruction or condemnation as prize; (c) not cause or permit any of the Vessel Vessels to be employed in any manner which will or may give rise to any reasonable degree of likelihood that the such Vessel would be liable to arrest, requisition, confiscation, forfeiture, seizure, destruction or condemnation as prize; (d) not cause or permit any of the Vessel Vessels to be employed in any trade or business which is forbidden by Applicable Law international law or is illicit or in carrying goods which are illicit or prohibited under any Applicable Lawgoods; (e) in the event of hostilities in any part of the world (whether war be declared or not) not cause or permit any of the Vessel Vessels to be employed in carrying any contraband goods and/or trading and that she does not trade in any zone after it has been declared a war zone by any authority or by any of the that Vessel’s war risks Insurers unless the that Vessel’s Insurers shall have confirmed to the Owner Borrower that the such Vessel is held covered under the Obligatory Insurances or under a government scheme that gives comparable protection for the voyage(s) in question; and (f) not charter any of the Vessel Vessels or permit any of the Vessels to serve under any contract of affreightment with any foreign country or national of any foreign country which is the subject of sanctions imposed by the United Nations would be contrary to Applicable Law or is specified by legislation or regulations of the flag state under which the Vessel is registered and such that, if the earnings or any part of the earnings were derived from such charter, that fact would render any Finance Document or the security conferred by the Security Documents unlawful.

Appears in 4 contracts

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

Lawful and Safe Operation. The Owner shallEach Obligor will, and shall will procure that the Manager shall, at all times after the Delivery Datewill: (a) operate the each Collateral Vessel and cause the each Collateral Vessel to be operated in a manner consistent in all material respects with any Applicable Lawand all laws, regulations, treaties and conventions (and all rules and regulations issued thereunder) from time to time applicable to that Collateral Vessel; (b) not cause or permit any of the Vessel Collateral Vessels to trade with, or within the territorial waters of, of any country in which her safety may could reasonably be imperilled expected to be imperiled by exposure to piracy, terrorism, arrest, requisition, confiscation, forfeiture, seizure, destruction or condemnation as prize; (c) not cause or permit any of the Vessel Collateral Vessels to be employed in any manner which will or may give rise to any reasonable degree of likelihood that the such Collateral Vessel would be liable to arrest, requisition, confiscation, forfeiture, seizure, destruction or condemnation as prize; (d) not cause or permit any of the Vessel Collateral Vessels to be employed in any trade or business which is forbidden by Applicable Law international law or is illicit or in knowingly carrying goods which are illicit or prohibited under any Applicable Lawgoods; (e) in the event of hostilities in any part of the world (whether war be declared or not) not cause or permit any of the Vessel Collateral Vessels to be employed in carrying any contraband goods and/or trading and that she does not trade in any zone after it has been declared a war zone by any authority or by any of the that Collateral Vessel’s war risks Insurers unless the that Collateral Vessel’s Insurers shall have confirmed to the Owner Borrower that the such Collateral Vessel is held covered under the Obligatory Insurances or under a government scheme that gives comparable protection for the voyage(s) in question; and (f) not charter any of the Vessel Collateral Vessels or permit any of the Collateral Vessels to serve under any contract of affreightment with any foreign country or national of any foreign country which is the subject of sanctions imposed by the United Nations would be contrary to Applicable Law or is specified by legislation or regulations of the flag state under which the Vessel is registered and such that, if the earnings or any part of the earnings were derived from such charter, that fact would render any Finance Loan Document or the security conferred by the Security Documents unlawful.

Appears in 4 contracts

Samples: Credit Agreement (Atlas Corp.), Credit Agreement (Atlas Corp.), Credit Agreement (Atlas Corp.)

Lawful and Safe Operation. The Owner shall, and shall procure that the Manager shall, Borrower will at all times after the Delivery Date: (a) operate the Vessel and not cause or permit the Vessel to be operated in a any manner consistent in contrary to the laws, regulations, treaties and conventions (and all material respects with any Applicable Lawrules and regulations issued thereunder) from time to time applicable to the Vessel; (b) subject to compliance by the Borrower with the terms of the Time Charter, not cause or permit the Vessel to trade with, with or within the territorial waters of, of any country in which her safety may be imperilled by exposure to terrorismimperilled; (c) subject to compliance by the Borrower with the terms of the Time Charter, not cause or permit the Vessel to be employed in any manner which will or may give rise to any reasonable degree of likelihood that the Vessel would be render her liable to arrest, requisition, confiscation, forfeiture, seizure, destruction or condemnation as prize; (d) not cause or permit ensure that the Vessel to be is not employed in any trade or business which is forbidden by Applicable Law international law or is illicit or in is carrying goods which are illicit or prohibited under any Applicable Lawgoods; (e) subject to compliance by the Borrower with the terms of the Time Charter, in the event of hostilities in any part of the world (whether war be declared or not) not cause or permit ensure that the Vessel to be is not employed in carrying any contraband goods and/or trading and that she does not trade in any zone after it has been declared a war zone by any authority or by any of the Vessel’s 's war risks Insurers insurers unless the Vessel’s Insurers 's insurers shall have confirmed to the Owner Borrower that the Vessel is held covered under the Obligatory Insurances or under a government scheme that gives comparable protection for the voyage(s) in question; and (f) not charter the Vessel to or permit the Vessel to serve under any contract of affreightment with any foreign country or national of any foreign country which is the subject of sanctions imposed by the United Nations or is specified by legislation or regulations of the flag state under United States of America or any other jurisdiction in which the Vessel a Bank's Facility Office is registered located and such that, if the earnings Earnings or any part of the earnings Earnings were derived from such chartercharter or affreightment, that fact would render any Finance Document or the security conferred by the Security Documents unlawful.

Appears in 3 contracts

Samples: Loan Agreement, Loan Agreement (Teekay LNG Partners L.P.), Loan Agreement (Teekay LNG Partners L.P.)

Lawful and Safe Operation. The Owner Borrower shall, and shall procure that the Manager shall, at all times after the Delivery Datetimes: (a) operate the Vessel and cause the Vessel to be operated in a manner consistent in all material respects with any Applicable Law; (b) not cause or permit the Vessel to trade with, or within the territorial waters of, any country in which her safety may be imperilled by exposure to terrorism; (c) not cause or permit the Vessel to be employed in any manner which will or may give rise to any reasonable degree of likelihood that the Vessel would be liable to arrest, requisition, confiscation, forfeiture, seizure, destruction or condemnation as prize; (d) not cause or permit the Vessel to be employed in any trade or business which is forbidden by Applicable Law or is illicit or in carrying goods which are illicit or prohibited under any Applicable Law; (e) in the event of hostilities in any part of the world (whether war be declared or not) not cause or permit the Vessel to be carrying any contraband goods and/or trading in any zone after it has been declared a war zone by any authority or by any of the Vessel’s war risks Insurers unless the Vessel’s Insurers shall have confirmed to the Owner Borrower that the Vessel is held covered under the Obligatory Insurances or under a government scheme that gives comparable protection for the voyage(s) in question; and; (f) not charter the Vessel with any foreign country or national of any foreign country which is the subject of sanctions imposed by the United Nations or is specified by legislation or regulations of the flag state under which the Vessel is registered and such that, if the earnings or any part of the earnings were derived from such charter, that fact would render any Finance Document or the security conferred by the Security Documents unlawful; and (g) during the Security Period, use the Vessel only for civil merchant trading.

Appears in 2 contracts

Samples: Facility Agreement (Ocean Rig UDW Inc.), Facility Agreement (DryShips Inc.)

Lawful and Safe Operation. The Owner shallBorrower will, and shall will procure that the Manager shallwill, at all times after the Delivery DateApplicable Time: (a) operate the each Secured Vessel and cause each of the Vessel Secured Vessels to be operated in a manner consistent in all material respects with any Applicable Lawand all laws, regulations, treaties and conventions (and all rules and regulations issued thereunder) from time to time applicable to that Vessel; (b) not cause or permit any of the Vessel Secured Vessels to trade with, or within the territorial waters of, of any country in which her safety may could reasonably be expected to be imperilled by exposure to piracy, terrorism, arrest, requisition, confiscation, forfeiture, seizure, destruction or condemnation as prize; (c) not cause or permit any of the Vessel Secured Vessels to be employed in any manner which will or may give rise to any reasonable degree of likelihood that the such Vessel would be liable to arrest, requisition, confiscation, forfeiture, seizure, destruction or condemnation as prize; (d) not cause or permit any of the Vessel Secured Vessels to be employed in any trade or business which is forbidden by Applicable Law international law or is illicit or in carrying goods which are illicit or prohibited under any Applicable Lawgoods; (e) in the event of hostilities in any part of the world (whether war be declared or not) not cause or permit any of the Vessel Secured Vessels to be employed in carrying any contraband goods and/or trading and that she does not trade in any zone after it has been declared a war zone by any authority or by any of the that Vessel’s war risks Insurers unless the that Vessel’s Insurers shall have confirmed to the Owner Borrower that the such Vessel is held covered under the Obligatory Insurances or under a government scheme that gives comparable protection for the voyage(s) in question; and (f) not charter any of the Vessel Secured Vessels or permit any of the Secured Vessels to serve under any contract of affreightment with any foreign country or national of any foreign country which is the subject of sanctions imposed by the United Nations would be contrary to Applicable Law or is specified by legislation or regulations of the flag state under which the Vessel is registered and such that, if the earnings or any part of the earnings were derived from such charter, that fact would render any Finance Document or the security conferred by the Security Documents unlawful.

Appears in 2 contracts

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

Lawful and Safe Operation. The Owner shallEach Obligor will, and shall will procure that the Manager shall, at all times after the Delivery Datewill: (a) operate the each Collateral Vessel and cause the each Collateral Vessel to be operated in a manner consistent in all material respects with any Applicable Lawand all laws, regulations, treaties and conventions (and all rules and regulations issued thereunder) from time to time applicable to that Collateral Vessel; (b) not cause or permit any of the Vessel Collateral Vessels to trade with, or within the territorial waters of, of any country in which her safety may could reasonably be expected to be imperilled by exposure to piracy, terrorism, arrest, requisition, confiscation, forfeiture, seizure, destruction or condemnation as prize; (c) not cause or permit any of the Vessel Collateral Vessels to be employed in any manner which will or may give rise to any reasonable degree of likelihood that the such Collateral Vessel would be liable to arrest, requisition, confiscation, forfeiture, seizure, destruction or condemnation as prize; (d) not cause or permit any of the Vessel Collateral Vessels to be employed in any trade or business which is forbidden by Applicable Law international law or is illicit or in knowingly carrying goods which are illicit or prohibited under any Applicable Lawgoods; (e) in the event of hostilities in any part of the world (whether war be declared or not) not cause or permit any of the Vessel Collateral Vessels to be employed in carrying any contraband goods and/or trading and that she does not trade in any zone after it has been declared a war zone by any authority or by any of the that Collateral Vessel’s war risks Insurers unless the that Collateral Vessel’s Insurers shall have confirmed to the Owner Company that the such Collateral Vessel is held covered under the Obligatory Insurances or under a government scheme that gives comparable protection for the voyage(s) in question; and (f) not charter any of the Vessel Collateral Vessels or permit any of the Collateral Vessels to serve under any contract of affreightment with any foreign country or national of any foreign country which is the subject of sanctions imposed by the United Nations would be contrary to Applicable Law or is specified by legislation or regulations of the flag state under which the Vessel is registered and such that, if the earnings or any part of the earnings were derived from such charter, that fact would render any Finance Financing Document or the security conferred by the Security Documents unlawful.

Appears in 2 contracts

Samples: Note Purchase Agreement (Atlas Corp.), Note Purchase Agreement (Atlas Corp.)

Lawful and Safe Operation. The Owner shall, and shall Charterer will (or will procure that the Manager shall, will) at all times on and after the Delivery Date: (a) operate the Vessel and not cause or permit the Vessel to be operated in a any manner consistent in contrary to the laws, regulations, treaties and conventions (and all material respects with any Applicable Lawrules and regulations issued thereunder) from time to time applicable to the Vessel; (b) not cause or permit the Vessel to trade with, with or within the territorial waters of, of any country in which her safety may could reasonably be expected to be imperilled by exposure to terrorismwithout customarily required war insurance; (c) not cause or permit the Vessel to be employed in any manner which will or may give rise to any reasonable degree of likelihood that the Vessel would be render her liable to arrest, requisition, confiscation, forfeiture, seizure, destruction or condemnation as prize; (d) not cause or permit perform all obligations and comply with all laws (including, without limitation Environmental Laws) applicable to the Charterer and/or the Vessel and use its best efforts to be ensure that the Vessel is not employed in any trade or business which is forbidden by Applicable Law or is illicit or in carrying goods which are international law and not allow the Vessel to carry illicit or prohibited under goods (including but not limited to any Applicable Lawnuclear waste or material); (e) in the event of hostilities in any part of the world (whether war be declared or not) not cause or permit ensure that the Vessel to be is not employed in carrying any contraband goods and/or trading and that she does not trade in any zone after it has been declared a war zone by any authority or by any of the Vessel’s 's war risks Insurers insurers unless the Vessel’s Insurers 's insurers shall have confirmed to the Charterer and the Owner that the Vessel is held covered under the Obligatory Compulsory Insurances or under a government scheme that gives comparable protection for the voyage(s) in question; and; (f) not do or permit to be done any act which might jeopardise the title, rights and interests of the Owner in the Vessel and to the Charterer Security Assets and/or knowingly omit or knowingly permit to be omitted to be done any act which might prevent that title or those rights and interest from being jeopardised; (g) not charter the Vessel or permit the Vessel to serve under any contract of affreightment with any foreign country or national of any foreign country which is would be contrary to applicable law or to the subject of sanctions imposed by the United Nations or is specified by legislation or regulations of the flag state under which the Vessel is registered and such thatCharterer's knowledge, if the earnings or any part of the earnings were derived from such charter, that fact would render any Finance Transaction Document or the security conferred by the Security Documents unlawful; and (h) take all necessary and proper precautions to prevent any infringements of the Anti Drug Abuse Act of 1986 of the United States of America or any similar legislation applicable to the Vessel in any jurisdiction in or to which the Vessel shall be employed or located or trade or which may otherwise be applicable to the Vessel and/or the Charterer and, if the Owner shall so require, the Charterer shall enter into a "Carrier Initiative Agreement" with the United States Customs Service and to procure that any such similar agreement is maintained in full force and effect and performed by the Charterer.

Appears in 1 contract

Samples: Bareboat Charter Amendment (Pangaea Logistics Solutions Ltd.)

Lawful and Safe Operation. The Owner shall, and shall procure that the Manager shall, Borrower will at all times after the Delivery Datetimes: (a) operate the Vessel and cause the Vessel to be operated in a manner consistent in all material respects with any Applicable Law; (b) not cause or permit the Vessel to be operated in any manner contrary to the laws, regulations, treaties and conventions (and all rules and regulations issued thereunder) from time to time applicable to the Vessel; (b) subject to compliance by the Borrower with the terms of the Time Charter, not cause or permit the Vessel to trade with, with or within the territorial waters of, of any country in which her safety may be imperilled by exposure to terrorismimperilled; (c) subject to compliance by the Borrower with the terms of the Time Charter, not cause or permit the Vessel to be employed in any manner which will or may give rise to any reasonable degree of likelihood that the Vessel would be render her liable to arrest, requisition, confiscation, forfeiture, seizure, destruction or condemnation as prize; (d) not cause or permit ensure that the Vessel to be is not employed in any trade or business which is forbidden by Applicable Law international law or is illicit or in is carrying goods which are illicit or prohibited under any Applicable Lawgoods; (e) subject to compliance by the Borrower with the terms of the Time Charter, in the event of hostilities in any part of the world (whether war be declared or not) not cause or permit ensure that the Vessel to be is not employed in carrying any contraband goods and/or trading and that she does not trade in any zone after it has been declared a war zone by any authority or by any of the Vessel’s war risks Insurers insurers unless the Vessel’s Insurers insurers shall have confirmed to the Owner Borrower that the Vessel is held covered under the Obligatory Insurances or under a government scheme that gives comparable protection for the voyage(s) in question; and (f) not charter the Vessel to or permit the Vessel to serve under any contract of affreightment with any foreign country or national of any foreign country which is the subject of sanctions imposed by the European Union, the United Nations or the United States of America or is specified by legislation or regulations of the Vessel’s flag state under state, the United States of America or any other jurisdiction in which the Vessel a Bank’s Facility Office is registered located and such that, if the earnings Earnings or any part of the earnings Earnings were derived from such chartercharter or affreightment, that fact would render any Finance Document or the security conferred by the Security Documents unlawful.

Appears in 1 contract

Samples: Credit Facility Agreement (Teekay LNG Partners L.P.)

Lawful and Safe Operation. The Owner shall, and shall procure that Lessee will operate the Manager shall, at all times after Aircraft for commercial purposes from the Delivery DateDate until the Return Occasion from a base within the Habitual Base or from such other base outside the State of Registry pursuant to a sub-lease or a wet-lease complying with Section 8.4(a), provided always that Lessee must not use or operate Aircraft or suffer or permit the Aircraft to be used or operated: (a) (i) in violation of any applicable Regulations except to the extent that (x) such Regulations are being contested in good faith (but excluding any Regulation, such as a mandatory grounding order, the good faith contest of which does not permit Lessee to operate the Vessel Aircraft during such contest); provided, however, that no contest of a Regulation shall be allowed if such contest might subject Lessor to criminal sanctions or a material risk of sale, loss or forfeiture of the Aircraft, Airframe, an Engine or Lessor’s interest in any of the foregoing; or (y) such violation is unanticipated, minor and cause the Vessel to be operated non-recurring; (ii) in a manner consistent causing Lessor, Owner, any Financing Party or GECAS to be in all violation of any applicable Regulations; or (iii) in any manner whatsoever which Lessee is aware may render the Aircraft liable to a material respects with risk of condemnation, destruction, seizure or confiscation by any Applicable LawPerson; (b) for any purpose for which the Aircraft was not cause designed or permit the Vessel to trade with, or within the territorial waters of, any country in which her safety may be imperilled by exposure to terrorismis not reasonably suitable; (c) not cause or permit to carry cargo which could reasonably be expected to damage the Vessel to be employed in any manner which will or may give rise to any reasonable degree of likelihood that the Vessel would be liable to arrest, requisition, confiscation, forfeiture, seizure, destruction or condemnation as prizeAircraft; (d) not cause or permit the Vessel to be employed in any trade circumstances or business place where the Aircraft is not covered by the Insurance unless operated or used under contract with the government of the United States under which contract such government assumes liability for the same risks in at least the same amounts and same terms as would be covered by such Insurance; provided that the failure of Lessee to comply with this Section 8.3(d) will not result in an Event of Default if such failure is forbidden by Applicable Law attributable to unexpected circumstances not within Lessee’s control and not in the ordinary course of the regular operations of Lessee, so long as Lessee diligently and in good faith proceeds to remove the Aircraft from such circumstances or is illicit or in carrying goods which are illicit or prohibited under any Applicable Law;area; or (e) for purposes of training, qualifying or re-confirming the status of cockpit personnel except for the benefit of Lessee’s or a Permitted Sub-Lessee’s cockpit personnel, and then only if the use of the Aircraft for such purpose is not disproportionate to the use for such purpose of other aircraft of the same type operated by Lessee or any Permitted Sub-Lessee, as the case may be. For the avoidance of doubt, Lessee acknowledges and agrees that (i) Lessee is solely responsible for the determination and implementation of all security measures and systems necessary or appropriate for the proper protection of the Aircraft (whether on the ground or in the event of hostilities flight) against (a) theft, vandalism, hijacking, destruction, bombing, terrorism or similar acts, directly or indirectly affecting in any part of way the world (whether war be declared or not) not cause or permit the Vessel to be carrying any contraband goods and/or trading in any zone after it has been declared a war zone by any authority or by any of the Vessel’s war risks Insurers unless the Vessel’s Insurers shall have confirmed to the Owner that the Vessel is held covered under the Obligatory Insurances or under a government scheme that gives comparable protection for the voyage(s) in question; and (f) not charter the Vessel with any foreign country or national of any foreign country which is the subject of sanctions imposed by the United Nations or is specified by legislation or regulations of the flag state under which the Vessel is registered and such that, if the earnings Aircraft or any part thereof, or any persons who (whether or not on board the Aircraft) may sustain any injury or damage as a result of any such acts, (b) the use of the earnings were derived from such charterAircraft for the purpose of destruction, bombing, terrorism or similar acts, and (c) the taking, theft or use of any products, chemicals, goods, or materials of any kind, form, or nature located on board the Aircraft or being transported via the Aircraft, (ii) Lessor shall have absolutely no responsibility therefor, and (iii) Lessee, being in sole operational control of the Aircraft and being in the business of operating commercial aircraft, is uniquely in a position to identify and implement those security measures as are necessary to comply with all applicable Regulations, and as are otherwise appropriate and that fact would render in doing so, Lessee has not relied upon, and shall not rely upon, any Finance Document statement, act, or the security conferred by the Security Documents unlawfulomission of Lessor.

Appears in 1 contract

Samples: Aircraft Lease (Airtran Airways Inc)

Lawful and Safe Operation. The Owner shall, Borrower and each Guarantor shall procure that the Manager shall, at all times after the Delivery Datetimes: (a) operate the each Vessel and cause each of the Vessel Vessels to be operated in a manner consistent in all material respects with any Applicable Lawand all laws, regulations, treaties and conventions (and all rules and regulations issued thereunder) from time to time applicable to that Vessel; (b) (unless the relevant Owner (i) is obliged under the terms of any Time Charter to so trade and (ii) has carried out and is complying with the results of its proper due diligence in respect of the safety of the Vessel and crew that would reasonably be expected of a prudent operator of like vessels) not cause or permit any of the Vessel Vessels to trade with, or within the territorial waters of, of any country in which her safety may could reasonably be expected to be imperilled by exposure to piracy, terrorism, arrest, requisition, confiscation, forfeiture, seizure, destruction or condemnation as prize; (c) not cause or permit any of the Vessel Vessels to be employed in any manner which will or may give rise to any reasonable degree of likelihood that the such Vessel would be liable to arrest, requisition, confiscation, forfeiture, seizure, destruction or condemnation as prize; (d) not cause or permit any of the Vessel Vessels to be employed in any trade or business which is forbidden by Applicable Law international law or is illicit or in carrying goods which are illicit or prohibited under any Applicable Lawgoods; (e) in the event of hostilities in any part of the world (whether war be declared or not) not cause or permit any of the Vessel Vessels to be employed in carrying any contraband goods and/or trading or trade in any zone after it has been declared a war zone by any authority or by any of the that Vessel’s war risks Insurers unless the that Vessel’s Insurers shall have confirmed to the relevant Owner that the such Vessel is held covered under the Obligatory Insurances or under a government scheme that gives comparable protection for the voyage(s) in question; and (f) not charter any of the Vessel Vessels or permit any of the Vessels to serve under any contract of affreightment with any foreign country or national of any foreign country which is the subject of sanctions imposed by the United Nations would be contrary to Applicable Law or is specified by legislation or regulations of the flag state under which the Vessel is registered and such that, if the earnings or any part of the earnings were derived from such charter, that fact would render any Finance Document or the security conferred by the Security Documents unlawful.

Appears in 1 contract

Samples: Revolving Credit Facility (Quintana Maritime LTD)

Lawful and Safe Operation. The Owner shall, and shall procure that the Bareboat Charterer during the Bareboat Charter Period and the Manager shall, at all times after the Delivery Date: (a) operate the Vessel and cause the Vessel to be operated in a manner consistent in all material respects with any Applicable Law; (b) not cause or permit the Vessel to trade with, or within the territorial waters of, any country in which her safety may be imperilled by exposure to terrorism; (c) not cause or permit the Vessel to be employed in any manner which will or may give rise to any reasonable degree of likelihood that the Vessel would be liable to arrest, requisition, confiscation, forfeiture, seizure, destruction or condemnation as prize; (d) not cause or permit the Vessel to be employed in any trade or business which is forbidden by Applicable Law or is illicit or in carrying goods which are illicit or prohibited under any Applicable Law; (e) in the event of hostilities in any part of the world (whether war be declared or not) not cause or permit the Vessel to be carrying any contraband goods and/or trading in any zone after it has been declared a war zone by any authority or by any of the Vessel’s 's war risks Insurers unless the Vessel’s 's Insurers shall have confirmed to the Owner that the Vessel is held covered under the Obligatory Insurances or under a government scheme that gives comparable protection for the voyage(s) in question; and (f) not charter the Vessel with any foreign country or national of any foreign country which is the subject of sanctions imposed by the United Nations or is specified by legislation or regulations of the flag state under which the Vessel is registered and such that, if the earnings or any part of the earnings were derived from such charter, that fact would render any Finance Document or the security conferred by the Security Documents unlawful.

Appears in 1 contract

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

Lawful and Safe Operation. The Owner shallEach Obligor will, and shall will procure that the Manager shall, at all times after the Delivery Datewill: (a) operate the each Collateral Vessel and cause the each Collateral Vessel to be operated in a manner consistent in all material respects with any Applicable Lawand all laws, regulations, treaties and conventions (and all rules and regulations issued thereunder) from time to time applicable to that Collateral Vessel; (b) not cause or permit any of the Vessel Collateral Vessels to trade with, or within the territorial waters of, any country in which her safety may could reasonably be imperilled expected to be imperiled by exposure to piracy, terrorism, arrest, requisition, confiscation, forfeiture, seizure, destruction or condemnation as prize; (c) not cause or permit any of the Vessel Collateral Vessels to be employed in any manner which will or may give rise to any reasonable degree of likelihood that the such Collateral Vessel would be liable to arrest, requisition, confiscation, forfeiture, seizure, destruction or condemnation as prize; (d) not cause or permit any of the Vessel Collateral Vessels to be employed in any trade or business which is forbidden by Applicable Law international law or is illicit or in knowingly carrying goods which are illicit or prohibited under any Applicable Lawgoods; (e) in the event of hostilities in any part of the world (whether war be declared or not) not cause or permit any of the Vessel Collateral Vessels to be employed in carrying any contraband goods and/or trading and that she does not trade in any zone after it has been declared a war zone by any authority or by any of the that Collateral Vessel’s 's war risks Insurers unless the that Collateral Vessel’s 's Insurers shall have confirmed to the Owner Borrower that the such Collateral Vessel is held covered under the Obligatory Insurances or under a government scheme that gives comparable protection for the voyage(s) in question; and (f) not charter any of the Vessel Collateral Vessels or permit any of the Collateral Vessels to serve under any contract of affreightment with any foreign country or national of any foreign country which is the subject of sanctions imposed by the United Nations would be contrary to Applicable Law or is specified by legislation or regulations of the flag state under which the Vessel is registered and such that, if the earnings or any part of the earnings were derived from such charter, that fact would render any Finance Loan Document or the security conferred by the Security Documents unlawful.

Appears in 1 contract

Samples: Credit Agreement (Atlas Corp.)

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Lawful and Safe Operation. The Borrower and each Owner shall, and shall procure that the Manager shall, at all times after the Delivery Date: (a) operate the each Vessel and cause each of the Vessel Vessels to be operated in a manner consistent in all material respects with any Applicable Lawand all laws, regulations, treaties and conventions (and all rules and regulations issued thereunder) from time to time applicable to the Vessel; (b) (unless the relevant Owner (i) is obliged under the terms of any Time Charter to so trade and (ii) has carried out and is complying with the results of its proper due diligence in respect of the safety of the Vessel and crew that would reasonably be expected of a prudent operator of like vessels) not cause or permit any of the Vessel Vessels to trade with, or within the territorial waters of, of any country in which her safety may could reasonably be expected to be imperilled by exposure to piracy, terrorism, arrest, requisition, confiscation, forfeiture, seizure, destruction or condemnation as prize; (c) not cause or permit any of the Vessel Vessels to be employed in any manner which will or may give rise to any reasonable degree of likelihood that the such Vessel would be liable to arrest, requisition, confiscation, forfeiture, seizure, destruction or condemnation as prize; (d) not cause or permit any of the Vessel Vessels to be employed in any trade or business which is forbidden by Applicable Law international law or is illicit or in carrying goods which are illicit or prohibited under any Applicable Lawgoods; (e) in the event of hostilities in any part of the world (whether war be declared or not) not cause or permit any of the Vessel Vessels to be employed in carrying any contraband goods and/or trading and that she does not trade in any zone after it has been declared a war zone by any authority or by any of the that Vessel’s 's war risks Insurers unless the that Vessel’s 's Insurers shall have confirmed to the relevant Owner that the such Vessel is held covered under the Obligatory Insurances or under a government scheme that gives comparable protection for the voyage(s) in question; and (f) not charter any of the Vessel Vessels or permit either of the Vessels to serve under any contract of affreightment with any foreign country or national of any foreign country which is the subject of sanctions imposed by the United Nations would be contrary to Applicable Law or is specified by legislation or regulations of the flag state under which the Vessel is registered and such that, if the earnings or any part of the earnings were derived from such charter, that fact would render any Finance Document or the security conferred by the Security Documents unlawful.

Appears in 1 contract

Samples: Credit Facility Agreement (Quintana Maritime LTD)

Lawful and Safe Operation. The Owner shallEach Borrower will, and shall will procure that the Manager shallwill, at all times after the Delivery DateApplicable Time: (a) operate the its Vessel and cause the its Vessel to be operated in a manner consistent in all material respects with any Applicable Lawand all laws, regulations, treaties and conventions (and all rules and regulations issued thereunder) from time to time applicable to that Vessel; (b) not cause or permit the its Vessel to trade with, or within the territorial waters of, of any country in which her safety may could reasonably be expected to be imperilled by exposure to piracy, terrorism, arrest, requisition, confiscation, forfeiture, seizure, destruction or condemnation as prize unless that Vessel is insured for such trade on insurance terms which comply with the requirements of Clauses 16.28 and 16.30; (c) not cause or permit the its Vessel to be employed in any manner which will or may give rise to any reasonable degree of likelihood that the such Vessel would be liable to arrest, requisition, confiscation, forfeiture, seizure, destruction or condemnation as prizeprize unless that Vessel is insured for such employment on insurance terms which comply with the requirements of Clauses 16.28 and 16.30; (d) not cause or permit the its Vessel to be employed in any trade or business which is forbidden by Applicable Law international law or is illicit or in carrying goods which are illicit or prohibited under any Applicable Lawgoods; (e) in the event of hostilities in any part of the world (whether war be declared or not) not cause or permit the its Vessel to be employed in carrying any contraband goods and/or trading and that she does not trade in any zone after it has been declared a war zone by any authority or by any of the that Vessel’s 's war risks Insurers unless the that Vessel’s 's Insurers shall have confirmed to the Owner Borrower that the such Vessel is held covered under the Obligatory Insurances or under a government scheme that gives comparable protection for the voyage(s) in question; and (f) not charter the its Vessel or permit its Vessel to serve under any contract of affreightment with any foreign country or national of any foreign country which is the subject of sanctions imposed by the United Nations would be contrary to Applicable Law or is specified by legislation or regulations of the flag state under which the Vessel is registered and such that, if the earnings or any part of the earnings were derived from such charter, that fact would render any Finance Document or the security conferred by the Security Documents unlawful.

Appears in 1 contract

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

Lawful and Safe Operation. The Owner shall, Each Borrower will (and the Guarantor shall procure that each Borrower will), and will procure that the Manager shallManager, the Owners and the Bareboat Charterer will, at all times after the Delivery Date: (a) operate the each Vessel and cause each of the Vessel Vessels to be operated in a manner consistent in all material respects with any Applicable Lawand all laws, regulations, treaties and conventions (and all rules and regulations issued thereunder) from time to time applicable to the Vessel; (b) not cause or permit either of the Vessel Vessels to trade with, or within the territorial waters of, of any country in which her safety may be imperilled by exposure to piracy, terrorism, arrest, requisition, confiscation, forfeiture, seizure, destruction or condemnation as prize; (c) not cause or permit either of the Vessel Vessels to be employed in any manner which will or may give rise to any reasonable degree of likelihood that the such Vessel would be liable to arrest, requisition, confiscation, forfeiture, seizure, destruction or condemnation as prize; (d) not cause or permit either of the Vessel Vessels to be employed in any trade or business which is forbidden by Applicable Law international law or is illicit or in carrying goods which are illicit or prohibited under any Applicable Lawgoods; (e) in the event of hostilities in any part of the world (whether war be declared or not) not cause or permit either of the Vessel Vessels to be employed in carrying any contraband goods and/or trading and that she does not trade in any zone after it has been declared a war zone by any authority or by any of the that Vessel’s war risks Insurers insurers unless the that Vessel’s Insurers insurers shall have confirmed to the relevant Owner that the such Vessel is held covered under the Obligatory Insurances or under a government scheme that gives comparable protection for the voyage(s) in question; and (f) not charter either of the Vessel Vessels or permit either of the Vessels to serve under any contract of affreightment with any foreign country or national of any foreign country which is the subject of sanctions imposed by the United Nations or is specified by legislation or regulations of the flag state under Korea or any other jurisdiction in which the Vessel a Facility Office is registered located and such that, if the earnings or any part of the earnings were derived from such chartercharter or affreightment, that fact would render any Finance Document or the security conferred by the Security Documents unlawful.

Appears in 1 contract

Samples: Credit Facility Agreement (Danaos Corp)

Lawful and Safe Operation. The Owner shallEach Borrower will, and shall will procure that the Manager shallManager, the Owners and the Bareboat Charterer will, at all times after the Delivery Date: (a) operate the each Vessel and cause each of the Vessel Vessels to be operated in a manner consistent in all material respects with any Applicable Lawand all laws, regulations, treaties and conventions (and all rules and regulations issued thereunder) from time to time applicable to the Vessel; (b) not cause or permit either of the Vessel Vessels to trade with, or within the territorial waters of, of any country in which her safety may be imperilled by exposure to piracy, terrorism, arrest, requisition, confiscation, forfeiture, seizure, destruction or condemnation as prize; (c) not cause or permit either of the Vessel Vessels to be employed in any manner which will or may give rise to any reasonable degree of likelihood that the such Vessel would be liable to arrest, requisition, confiscation, forfeiture, seizure, destruction or condemnation as prize; (d) not cause or permit either of the Vessel Vessels to be employed in any trade or business which is forbidden by Applicable Law international law or is illicit or in carrying goods which are illicit or prohibited under any Applicable Lawgoods; (e) in the event of hostilities in any part of the world (whether war be declared or not) not cause or permit either of the Vessel Vessels to be employed in carrying any contraband goods and/or trading and that she does not trade in any zone after it has been declared a war zone by any authority or by any of the that Vessel’s war risks Insurers insurers unless the that Vessel’s Insurers insurers shall have confirmed to the relevant Owner that the such Vessel is held covered under the Obligatory Insurances or under a government scheme that gives comparable protection for the voyage(s) in question; and (f) not charter either of the Vessel Vessels or permit either of the Vessels to serve under any contract of affreightment with any foreign country or national of any foreign country which is the subject of sanctions imposed by the United Nations or is specified by legislation or regulations of the flag state under Korea or any other jurisdiction in which the Vessel Facility Office is registered located and such that, if the earnings or any part of the earnings were derived from such chartercharter or affreightment, that fact would render any Finance Document or the security conferred by the Security Documents unlawful.

Appears in 1 contract

Samples: Credit Facility Agreement (Danaos Corp)

Lawful and Safe Operation. The Owner shallGuarantor will, and shall will procure that the Manager shallwill, at all times after the Delivery DateDate of each Vessel: (a) operate the each Vessel and cause each of the Vessel Vessels to be operated in a manner consistent in all material respects with any Applicable Lawand all laws, regulations, treaties and conventions (and all rules and regulations issued thereunder) from time to time applicable to the Vessel; (b) not cause or permit any of the Vessel Vessels to trade with, or within the territorial waters of, of any country in which her safety may could reasonably be expected to be imperilled by exposure to piracy, terrorism, arrest, requisition, confiscation, forfeiture, seizure, destruction or condemnation as prize; (c) not cause or permit any of the Vessel Vessels to be employed in any manner which will or may give rise to any reasonable degree of likelihood that the such Vessel would be liable to arrest, requisition, confiscation, forfeiture, seizure, destruction or condemnation as prize; (d) not cause or permit any of the Vessel Vessels to be employed in any trade or business which is forbidden by Applicable Law international law or is illicit or in carrying goods which are illicit or prohibited under any Applicable Lawgoods; (e) in the event of hostilities in any part of the world (whether war be declared or not) not cause or permit any of the Vessel Vessels to be employed in carrying any contraband goods and/or trading and that she does not trade in any zone after it has been declared a war zone by any authority or by any of the that Vessel’s war risks Insurers unless the that Vessel’s Insurers shall have confirmed to the Owner Guarantor that the such Vessel is held covered under the Obligatory Insurances or under a government scheme that gives comparable protection for the voyage(s) in question; and (f) not charter any of the Vessel Vessels or permit any of the Vessels to serve under any contract of affreightment with any foreign country or national of any foreign country which is the subject of sanctions imposed by the United Nations would be contrary to Applicable Law or is specified by legislation or regulations of the flag state under which the Vessel is registered and such that, if the earnings or any part of the earnings were derived from such charter, that fact would render any Finance Document or the security conferred by the Security Documents unlawful.

Appears in 1 contract

Samples: Reducing Revolving Credit Facility (Seaspan CORP)

Lawful and Safe Operation. The Owner shallEach Obligor will, and shall will procure that the Manager shall, at all times after the Delivery Datewill: (ai) operate the each Collateral Vessel and cause the each Collateral Vessel to be operated in a manner consistent in all material respects with any Applicable Lawand all laws, regulations, treaties and conventions (and all rules and regulations issued thereunder) from time to time applicable to that Collateral Vessel; (bii) not cause or permit any of the Vessel Collateral Vessels to trade with, or within the territorial waters of, any country in which her safety may could reasonably be imperilled expected to be imperiled by exposure to piracy, terrorism, arrest, requisition, confiscation, forfeiture, seizure, destruction or condemnation as prize; (ciii) not cause or permit any of the Vessel Collateral Vessels to be employed in any manner which will or may give rise to any reasonable degree of likelihood that the such Collateral Vessel would be liable to arrest, requisition, confiscation, forfeiture, seizure, destruction or condemnation as prize; (div) not cause or permit any of the Vessel Collateral Vessels to be employed in any trade or business which is forbidden by Applicable Law international law or is illicit or in knowingly carrying goods which are illicit or prohibited under any Applicable Lawgoods; (ev) in the event of hostilities in any part of the world (whether war be declared or not) not cause or permit any of the Vessel Collateral Vessels to be employed in carrying any contraband goods and/or trading and that she does not trade in any zone after it has been declared a war zone by any authority or by any of the that Collateral Vessel’s 's war risks Insurers unless the that Collateral Vessel’s 's Insurers shall have confirmed to the Owner Borrower that the such Collateral Vessel is held covered under the Obligatory Insurances or under a government scheme that gives comparable protection for the voyage(s) in question; and (fvi) not charter any of the Vessel Collateral Vessels or permit any of the Collateral Vessels to serve under any contract of affreightment with any foreign country or national of any foreign country which is the subject of sanctions imposed by the United Nations would be contrary to Applicable Law or is specified by legislation or regulations of the flag state under which the Vessel is registered and such that, if the earnings or any part of the earnings were derived from such charter, that fact would render any Finance Loan Document or the security conferred by the Security Documents unlawful.. #4866-5228-1161

Appears in 1 contract

Samples: Credit Agreement (Atlas Corp.)

Lawful and Safe Operation. 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, at all times after the Delivery Date: (a) operate the Vessel and cause the Vessel to be operated in a manner consistent in all material respects with any Applicable Law; (b) not cause or permit the Vessel to trade with, or within the territorial waters of, any country in which her safety may be imperilled by exposure to terrorism; (c) not cause or permit the Vessel to be employed in any manner which will or may give rise to any reasonable degree of likelihood that the Vessel would be liable to arrest, requisition, confiscation, forfeiture, seizure, destruction or condemnation as prize; (d) not cause or permit the Vessel to be employed in any trade or business which is forbidden by Applicable Law or is illicit or in carrying goods which are illicit or prohibited under any Applicable Law; (e) in the event of hostilities in any part of the world (whether war be declared or not) not cause or permit the Vessel to be carrying any contraband goods and/or trading in any zone after it has been declared a war zone by any authority or by any of the Vessel’s 's war risks Insurers unless the Vessel’s 's Insurers shall have confirmed to the Owner or the Bareboat Charterer that the Vessel is held covered under the Obligatory Insurances or under a government scheme that gives comparable protection for the voyage(s) in question; and (f) not charter the Vessel with any foreign country or national of any foreign country which is the subject of sanctions imposed by the United Nations or is specified by legislation or regulations of the flag state under which the Vessel is registered and such that, if the earnings or any part of the earnings were derived from such charter, that fact would render any Finance Document or the security conferred by the Security Documents unlawful.

Appears in 1 contract

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

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