Common use of Loss of Vessel Clause in Contracts

Loss of Vessel. The Vessel suffers a Total Loss or is otherwise destroyed, abandoned, confiscated, forfeited or condemned as prize, or a similar event occurs in relation to any other vessel which may from time to time be mortgaged to the Lender as security for the payment of all or any part of the Indebtedness, except that a Total Loss, or event similar to a Total Loss in relation to any other vessel, shall not be an Event of Default if: (a) the Vessel or other vessel is insured in accordance with the Security Documents; and (b) no insurer has refused to meet or has disputed the claim for Total Loss and it is not apparent to the Lender in its discretion that any such refusal or dispute is likely to occur; and (c) payment of all insurance proceeds in respect of the Total Loss is made in full to the Lender within one hundred and eighty (180) days of the occurrence of the casualty giving rise to the Total Loss in question or such longer period as the Lender may in its discretion agree.

Appears in 6 contracts

Samples: Credit Facility Agreement (Safe Bulkers, Inc.), Secured Multi Currency Reducing Revolving Credit Facility Agreement (Safe Bulkers, Inc.), Secured Multi Currency Reducing Revolving Credit Facility Agreement (Safe Bulkers, Inc.)

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Loss of Vessel. The Vessel suffers a Total Loss or is otherwise destroyed, abandoned, confiscated, forfeited or condemned as prize, or a similar event occurs in relation to any other vessel which may from time to time be mortgaged to the Lender as security for the payment of all or any part of the Indebtedness, except that a Total Loss, or event similar to a Total Loss in relation to any other vessel, shall not be an Event of Default if: (a) the Vessel or other vessel is insured in accordance with the Security Documents; and (b) no insurer has refused to meet or has disputed the claim for Total Loss and it is not apparent to the Lender in its discretion that any such refusal or dispute is likely to occur; and (c) payment of all insurance proceeds in respect of the Total Loss is made in full to the Lender within one hundred and eighty twenty (180120) days of the occurrence of the casualty giving rise to the Total Loss in question or such longer period as the Lender may in its discretion agree.

Appears in 2 contracts

Samples: Secured Loan Agreement (Paragon Shipping Inc.), Secured Loan Agreement (DryShips Inc.)

Loss of Vessel. The Vessel suffers a Total Loss or is otherwise destroyed, abandoned, confiscated, forfeited or condemned as prize, or a similar event occurs in relation to any other vessel which may from time to time be mortgaged to the Lender as security for the payment of all or any part of the Indebtedness, except that a Total Loss, or event similar to a Total Loss in relation to any other vessel, shall not be an Event of Default if: (a) the Vessel or other vessel is insured in accordance with the Security Documents; and (b) no insurer has refused to meet or has disputed the claim for Total Loss and it is not apparent to the Lender in its discretion that any such refusal or dispute is likely to occur; and (c) payment of all insurance proceeds in respect of the Total Loss is made in full to the Lender within one hundred and eighty (180) days of the occurrence of the casualty giving rise to the Total Loss in question Question or such longer period as the Lender may in its discretion agree.

Appears in 1 contract

Samples: Secured Loan Agreement (Top Ships Inc.)

Loss of Vessel. The A Vessel suffers a Total Loss or is otherwise destroyed, abandoned, confiscated, forfeited or condemned as prize, or a similar event occurs in relation to any other vessel which may from time to time be mortgaged to the Lender Security Agent as security for the payment of all or any part of the Indebtedness, except that a Total Loss, or event similar to a Total Loss in relation to any other vessel, shall not be an Event of Default if: (a) the that Vessel or other vessel is insured in accordance with the Security Documents; and (b) no insurer has refused to meet or has disputed the claim for Total Loss and it is not apparent to the Lender Agent in its discretion that any such refusal or dispute is likely to occur; and (c) the Loan is prepaid in accordance with Clause 6.3 (Mandatory prepayment on sale or Total Loss) or payment of all insurance proceeds in respect of the Total Loss is made in full to the Lender Security Agent within one hundred and eighty twenty (180120) days of the occurrence of the casualty giving rise to the Total Loss in question or such longer period as the Lender Agent may in its discretion agree; or (d) that Vessel is replaced by a Replacement Vessel pursuant to Clause 6.4 (Replacement of Vessels).

Appears in 1 contract

Samples: Third Supplemental Agreement to Secured Loan Facility Agreement (Genco Shipping & Trading LTD)

Loss of Vessel. The Vessel suffers a Total Loss or is otherwise destroyed, destroyed or abandoned, confiscated, forfeited or condemned as prize, or a similar event occurs in relation to any other vessel which may from time to time be mortgaged to the Lender as security for the payment of all or any part of the Indebtedness, except that a Total Loss, or event similar to a Total Loss in relation to any other vessel, shall not be an Event of Default if: (a) the Vessel or other vessel is insured in accordance with the Security Documents; and (b) no insurer has refused to meet or has disputed the claim for Total Loss and it is not apparent to the Lender in its discretion that any such refusal or dispute is likely to occur; and (c) payment of all insurance proceeds in respect of the Total Loss is made in full to the Lender within one hundred and eighty eight (180) days of the occurrence of the casualty giving rise to the Total Loss in question or such longer period as the Lender may in its discretion agree.

Appears in 1 contract

Samples: Secured Loan Agreement (Poseidon Containers Holdings Corp.)

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Loss of Vessel. The A Vessel suffers a Total Loss or is otherwise destroyed, abandoned, confiscated, forfeited or condemned as prize, or a similar event occurs in relation to any other vessel which may from time to time be mortgaged to the Lender Security Agent as security for the payment of all or any part of the Indebtedness, except that a Total Loss, or event similar to a Total Loss in relation to any other vessel, shall not be an Event of Default if: (a) the that Vessel or other vessel is insured in accordance with the Security Documents; and (b) no insurer has refused to meet or has disputed the claim for Total Loss and it is not apparent to the Lender Agent in its discretion that any such refusal or dispute is likely to occur; and (c) payment of all insurance proceeds in respect of the Total Loss is made in full to the Lender Security Agent within one hundred and eighty (180) days of the occurrence of the casualty giving rise to the Total Loss in question or such longer period as the Lender Agent may in its discretion agree.

Appears in 1 contract

Samples: Secured Loan Agreement (NewLead Holdings Ltd.)

Loss of Vessel. The Vessel suffers a Total Loss or is otherwise destroyed, abandoned, confiscated, forfeited or condemned as prize, or a similar event occurs in relation to any other vessel which may from time to time be mortgaged to the Lender as security for the payment of all or any part of the Indebtedness, except that a Total Loss, or event similar to a Total Loss in relation to any other vessel, shall not be an Event of Default if: (a) the Vessel or other vessel is insured in accordance with the Security Documents; and (b) no insurer has refused to meet or has disputed the claim for Total Loss and it is not apparent to the Lender in its discretion that any such refusal or dispute is likely to occur; and (c) payment of all insurance proceeds in respect of the Total Loss is made in full to the Lender within one hundred and eighty fifty (180150) days of the occurrence of the casualty giving rise to the Total Loss in question or such longer period as the Lender may in its discretion agree.

Appears in 1 contract

Samples: Secured Loan Agreement (Top Ships Inc.)

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