Liability unconditional. The rights, remedies and powers vested in the Mortgagee under this Deed shall not be affected nor shall this Deed be discharged or reduced by reason of: 5.5.1 the Incapacity or any change in the name, style or constitution of the Owner or any other person liable; 5.5.2 the Mortgagee granting any time, indulgence or concession to, or compounding with, discharging, releasing or varying the liability of the Owner or any other person liable or renewing, determining, varying or increasing any accommodation, facility or transaction or otherwise dealing with the same in any manner whatsoever or concurring in, accepting or varying any compromise, arrangement or settlement or omitting to claim or enforce payment from the Owner or any other person liable; or 5.5.3 any act or omission which would not have discharged or affected the security constituted by the Charterer under this Deed had it been a principal debtor instead of a guarantor or by anything done or omitted which but for this provision might operate to exonerate such security.
Appears in 14 contracts
Samples: Quadripartite Deed (Top Tankers Inc.), Quadripartite Deed (Top Tankers Inc.), Quadripartite Deed (Top Tankers Inc.)
Liability unconditional. The rights, remedies and powers vested in liability of the Mortgagee under this Deed Guarantor shall not be affected nor shall this Deed Guarantee be discharged or reduced by reason of:
5.5.1 2.7.1 the Incapacity or any change in the name, style or constitution of the Owner Borrower or any other person liable;
5.5.2 2.7.2 the Mortgagee Bank granting any time, indulgence or concession to, or compounding with, discharging, releasing or varying the liability of of, the Owner Borrower or any other person liable or renewing, determining, varying or increasing any accommodation, facility or transaction or otherwise dealing with the same in any manner whatsoever or concurring in, accepting or varying any compromise, arrangement or settlement or omitting to claim or enforce payment from the Owner Borrower or any other person liable; or
5.5.3 2.7.3 any act or omission which would not have discharged or affected the security constituted by liability of the Charterer under this Deed Guarantor had it been a principal debtor instead of a guarantor or by anything done or omitted which but for this provision might operate to exonerate such securitythe Guarantor.
Appears in 10 contracts
Samples: Loan Agreement (Aegean Marine Petroleum Network Inc.), Facility Agreement (Globus Maritime LTD), Corporate Guarantee (Safe Bulkers, Inc.)
Liability unconditional. The rights, remedies and powers vested in the Mortgagee under this Deed liability of each Guarantor shall not be affected nor shall this Deed Guarantee be discharged or reduced by reason of:
5.5.1 (a) the Incapacity or any change in the name, style or constitution of the Owner any Obligor or any other person liable;; or
5.5.2 (b) the Mortgagee Agent, the Security Trustee or the Arranger or any of the Banks granting any time, indulgence or concession to, or compounding with, discharging, releasing or varying the liability of the Owner any other Obligor or any other person liable or renewing, determining, varying or increasing any accommodation, facility or transaction or otherwise dealing with the same in any manner whatsoever or concurring in, accepting or varying any compromise, arrangement or settlement or omitting to claim or enforce payment from the Owner any Obligor or any other person liable; or
5.5.3 (c) any act or omission which would not have discharged or affected the security constituted by the Charterer under this Deed liability of such Guarantor had it been a principal debtor instead of a guarantor or by anything done or omitted which but for this provision might operate to exonerate such securityGuarantor.
Appears in 3 contracts
Samples: Loan Agreement (United International Holdings Inc), Loan Agreement (United Pan Europe Communications Nv), Loan Agreement (United Pan Europe Communications Nv)
Liability unconditional. The rights, remedies and powers vested in the Mortgagee Security Agent under this Deed shall not be affected nor shall this Deed be discharged or reduced by reason of:
5.5.1 6.5.1 the Incapacity or any change in the name, style or constitution of the Owner or any other person liable;
5.5.2 6.5.2 the Mortgagee Security Agent or any other Finance Party granting any time, indulgence or concession to, or compounding with, discharging, releasing or varying the liability of the Owner or any other person liable or renewing, determining, varying or increasing any accommodation, facility or transaction or otherwise dealing with the same in any manner whatsoever or concurring in, accepting or varying any compromise, arrangement or settlement or omitting to claim or enforce payment from the Owner or any other person liable; or
5.5.3 6.5.3 any act or omission which would not have discharged or affected the liability of the Charterer or the security constituted by the Charterer under this Deed had it been a principal debtor instead of a guarantor or by anything done or omitted which but for this provision might operate to exonerate the Charterer or such security.
Appears in 2 contracts
Samples: Tripartite Deed of Covenant (DryShips Inc.), Tripartite Deed of Covenant (DryShips Inc.)
Liability unconditional. The rights, remedies and powers vested in liability of the Mortgagee under this Deed Guarantor shall not be affected nor shall this Deed Guarantee be discharged or reduced by reason of:
5.5.1 2.7.1 the Incapacity or any change in the name, style or constitution of the Owner Borrowers or either of them or any other person liable;
5.5.2 2.7.2 the Mortgagee Security Agent or any of the Secured Creditors granting any time, indulgence or concession to, or compounding with, discharging, releasing or varying the liability of, the Borrowers or either of the Owner them or any other person liable or renewing, determining, varying or increasing any accommodation, facility or transaction or otherwise dealing with the same in any manner whatsoever or concurring in, accepting or varying any compromise, arrangement or settlement or omitting to claim or enforce payment from the Owner Borrowers or either of them or any other person liable; or
5.5.3 2.7.3 any act or omission which would not have discharged or affected the security constituted by liability of the Charterer under this Deed Guarantor had it been a principal debtor instead of a guarantor or by anything done or omitted which but for this provision might operate to exonerate such securitythe Guarantor.
Appears in 2 contracts
Samples: Loan Agreement (Quintana Shipping Ltd.), Loan Agreement (Quintana Shipping Ltd.)
Liability unconditional. The rights, remedies and powers vested in liability of the Mortgagee under this Deed Guarantor shall not be affected nor shall this Deed Guarantee be discharged or reduced by reason of:
5.5.1 2.7.1 the Incapacity or any change in the name, style or constitution of the Owner Borrowers or any of them or any other person liable;
5.5.2 2.7.2 the Mortgagee Security Agent or any of the Secured Creditors granting any time, indulgence or concession to, or compounding with, discharging, releasing or varying the liability of, the Borrowers or any of the Owner them or any other person liable or renewing, determining, varying or increasing any accommodation, facility or transaction or otherwise dealing with the same in any manner whatsoever or concurring in, accepting or varying any compromise, arrangement or settlement or omitting to claim or enforce payment from the Owner Borrowers or any of them or any other person liable; or
5.5.3 2.7.3 any act or omission which would not have discharged or affected the security constituted by liability of the Charterer under this Deed Guarantor had it been a principal debtor instead of a guarantor or by anything done or omitted which but for this provision might operate to exonerate such securitythe Guarantor.
Appears in 2 contracts
Samples: Loan Agreement (Euronav NV), Loan Agreement (Quintana Shipping Ltd.)
Liability unconditional. The rights, remedies and powers vested in the Mortgagee under this Deed liability of each Guarantor shall not be affected nor shall this Deed Guarantee be discharged or reduced by reason of:
5.5.1 (a) the Incapacity or any change in the name, style or constitution of the Owner any Obligor or any other person liable;; or
5.5.2 (b) any of the Mortgagee Finance Parties granting any time, indulgence or concession to, or compounding with, discharging, releasing or varying the liability of the Owner any other Obligor or any other person liable or renewing, determining, varying or increasing any accommodation, facility or transaction or otherwise dealing with the same in any manner whatsoever or concurring in, accepting or varying any compromise, arrangement or settlement or omitting to claim or enforce payment from the Owner any Obligor or any other person liable; or
5.5.3 (c) any act or omission which would not have discharged or affected the security constituted by the Charterer under this Deed liability of such Guarantor had it been a principal debtor instead of a guarantor Guarantor or by anything done or omitted which but for this provision might operate to exonerate such securityGuarantor.
Appears in 2 contracts
Samples: Supplemental Agreement (Modern Times Group MTG Ab /Publ/ /Adr/), Revolving Credit Facility Agreement (Modern Times Group MTG Ab /Publ/ /Adr/)
Liability unconditional. The rights, remedies and powers vested in liability of the Mortgagee under this Deed Guarantors shall not be affected nor shall this Deed Guarantee be discharged or reduced by reason of:
5.5.1 (a) the Incapacity or any change in the name, style or constitution of the Owner Hirer or the Surety or any other person liable;
5.5.2 (b) the Mortgagee Owner granting any time, indulgence or concession to, or compounding with, discharging, releasing or varying the liability of of, the Owner Hirer or the Surety or any other person liable or renewing, determining, varying or increasing any accommodation, facility or transaction or otherwise dealing with the same in any manner whatsoever or concurring in, accepting or varying any compromise, arrangement or settlement or omitting to claim or enforce payment from the Owner Hirer or the Surety or any other person liable; or
5.5.3 (c) any act or omission which would not have discharged or affected the security constituted by the Charterer under this Deed liability of any Guarantor had it been a principal debtor instead of a guarantor or by anything done or omitted which but for this provision might operate to exonerate such securitythe Guarantors or any of them.
Appears in 1 contract
Liability unconditional. The rights, remedies and powers vested in the Mortgagee under this Deed shall not be affected nor shall this Deed be discharged or reduced by reason of:
5.5.1 the Incapacity or any change charige in the name, style or constitution of the Owner or any other person liable;
5.5.2 the Mortgagee granting any time, indulgence or concession to, or compounding with, discharging, releasing or varying the liability of the Owner or any other person liable or renewing, determining, varying or increasing any accommodation, facility or transaction or otherwise dealing with the same in any manner whatsoever or concurring in, accepting or varying any compromise, arrangement or settlement or omitting to claim or enforce payment from the Owner or any other person liable; or
5.5.3 any act or omission which would not have discharged or affected the security constituted by the Charterer under this Deed had it been a principal debtor instead of a guarantor or by anything done or omitted which but for this provision might operate to exonerate such security.
Appears in 1 contract
Liability unconditional. The rights, remedies and powers vested in the Mortgagee Security Agent under this Deed shall not be affected nor shall this Deed be discharged or reduced by reason of:
5.5.1 6.5.1 the Incapacity or any change in the name, style or constitution of the Owner or any other person liable;
5.5.2 6.5.2 the Mortgagee Security Agent or any other Finance Party granting any time, indulgence or concession to, to or compounding with, discharging, releasing or varying the liability of the Owner or any other person liable or renewing, determining, varying or increasing any accommodation, facility or transaction or otherwise dealing with the same in any manner whatsoever or concurring in, accepting or varying any compromise, arrangement or settlement or omitting to claim or enforce payment from the Owner Owr1er or any other person liable; or
5.5.3 6.5.3 any act or omission which would not have discharged or affected the liability of the Charterer or the security constituted by the Charterer under this Deed had it been a principal debtor instead of a guarantor or by anything done or omitted which but for this provision might operate to exonerate the Charterer or such security.
Appears in 1 contract
Liability unconditional. The rights, remedies and powers vested in liability of the Mortgagee under this Deed Guarantor shall not be affected nor shall this Deed Guarantee be discharged or reduced by reason of:
5.5.1 2.7.1 the Incapacity or any change in the name, style or constitution of the Owner Borrowers or any of them or any other person liable;
5.5.2 2.7.2 the Mortgagee Security Agent or any of the Secured Creditors or any of them granting any time, indulgence or concession to, or compounding with, discharging, releasing or varying the liability of, the Borrowers or any of the Owner them or any other person liable or renewing, determining, varying or increasing any accommodation, facility or transaction or otherwise dealing with the same in any manner whatsoever or concurring in, accepting or varying any compromise, arrangement or settlement or omitting to claim or enforce payment from the Owner Borrowers or any of them or any other person liable; or
5.5.3 2.7.3 any act or omission which would not have discharged or affected the security constituted by liability of the Charterer under this Deed Guarantor had it been a principal debtor instead of a guarantor or by anything done or omitted which but for this provision might operate to exonerate such securitythe Guarantor.
Appears in 1 contract
Liability unconditional. The rights, remedies and powers vested in the Mortgagee under this Deed shall not be affected nor shall this Deed be discharged or reduced by reason of:
5.5.1 the Incapacity or any change in the name, style or constitution of the Owner or any other person liable;
5.5.2 the Mortgagee granting any time, indulgence or concession to, or compounding with, discharging, releasing or varying the liability of the Owner or any other person liable or renewing, determining, varying or increasing any accommodation, facility or transaction or otherwise dealing with the same in any manner whatsoever or concurring in, accepting or varying any compromise, arrangement or settlement or omitting to claim or enforce payment from the Owner or any other person liable; or
5.5.3 any act or omission which would not have discharged or affected the security constituted by the Charterer under this Deed had it been a principal debtor instead of a guarantor or by anything done or omitted which but for this provision might operate to exonerate such security.
Appears in 1 contract
Liability unconditional. The rights, remedies and powers vested in liability of the Mortgagee under this Deed Guarantor shall not be affected nor shall this Deed Guarantee be discharged or reduced by reason of:
5.5.1 2.7.1 the Incapacity or any change in the name, style or constitution of the Owner Borrower or any other person liable;
5.5.2 2.7.2 the Mortgagee Security Agent or any of the Secured Creditors granting any time, indulgence or concession to, or compounding with, discharging, releasing or varying the liability of of, the Owner Borrower or any other person liable or renewing, determining, varying or increasing any accommodation, facility or transaction or otherwise dealing with the same in any manner whatsoever or concurring in, accepting or varying any compromise, arrangement or settlement or omitting to claim or enforce payment from the Owner Borrower or any other person liable; or
5.5.3 2.7.3 any act or omission which would not have discharged or affected the security constituted by liability of the Charterer under this Deed Guarantor had it been a principal debtor instead of a guarantor or by anything done or omitted which but for this provision might operate to exonerate such securitythe Guarantor.
Appears in 1 contract
Samples: Loan Agreement (DryShips Inc.)
Liability unconditional. The rights, remedies and powers vested in liability of the Mortgagee under this Deed Guarantor shall not be affected nor shall this Deed Guarantee be discharged or reduced by reason of:
5.5.1 2.7.1 the Incapacity or any change in the name, style or constitution of the Owner Borrowers or either of them or any other person liable;
5.5.2 2.7.2 the Mortgagee Security Agent or any of the Secured Creditors or any of them granting any time, indulgence or concession to, or compounding with, discharging, releasing or varying the liability of, the Borrowers or either of the Owner them or any other person liable or renewing, determining, varying or increasing any accommodation, facility or transaction or otherwise dealing with the same in any manner whatsoever or concurring in, accepting or varying any compromise, arrangement or settlement or omitting to claim or enforce payment from the Owner Borrowers or either of them or any other person liable; or
5.5.3 2.7.3 any act or omission which would not have discharged or affected the security constituted by liability of the Charterer under this Deed Guarantor had it been a principal debtor instead of a guarantor or by anything done or omitted which but for this provision might operate to exonerate such securitythe Guarantor.
Appears in 1 contract
Liability unconditional. The Neither the liability of the Charterer under clause 6.1 nor the rights, remedies and powers vested in the Mortgagee under this Deed shall not be affected nor shall this Deed be discharged or reduced by reason of:
5.5.1 7.6.1 the Incapacity or any change in the name, style or constitution of the Owner or any other person liable;
5.5.2 7.6.2 the Mortgagee granting any time, indulgence or concession to, or compounding with, discharging, releasing or varying the liability of the Owner or any other person liable or renewing, determining, varying or increasing any accommodation, facility or transaction or otherwise dealing with the same in any manner whatsoever or concurring in, accepting or varying any compromise, arrangement or settlement or omitting to claim or enforce payment from the Owner or any other person liable; or
5.5.3 7.6.3 any act or omission which would not have discharged or affected the liability of the Charterer or the security constituted by the Charterer under this Deed had it been a principal debtor instead of a guarantor or by anything done or omitted which but for this provision might operate to exonerate the Charterer or such security.
Appears in 1 contract
Samples: Second Supplemental Agreement (Aegean Marine Petroleum Network Inc.)
Liability unconditional. The rights, remedies and powers vested in liability of the Mortgagee under this Deed Guarantor shall not be affected nor shall this Deed Guarantee be discharged or reduced by reason of:
5.5.1 2.7.1 the Incapacity or any change in the name, style or constitution of the Owner Borrowers or either of them or any other person liable;
5.5.2 2.7.2 the Mortgagee Bank granting any time, indulgence or concession to, or compounding with, discharging, releasing or varying the liability of, the Borrowers or either of the Owner them or any other person liable or renewing, determining, varying or increasing any accommodation, facility or transaction or otherwise dealing with the same in any manner whatsoever or concurring in, accepting or varying any compromise, arrangement or settlement or omitting to claim or enforce payment from the Owner Borrowers or either of them or any other person liable; or
5.5.3 2.7.3 any act or omission which would not have discharged or affected the security constituted by liability of the Charterer under this Deed Guarantor had it been a principal debtor instead of a guarantor or by anything done or omitted which but for this provision might operate to exonerate such securitythe Guarantor.
Appears in 1 contract
Samples: Second Supplemental Agreement (Aegean Marine Petroleum Network Inc.)