Management and Service Agreements. Are there or are there expected to be any agreements with Non-Qualified Users to provide management functions or any other services with the Equipment? If your response is “Yes” to the question above, please include a copy of each management or service agreement or information about the proposed agreement.
Management and Service Agreements. On or prior to the each Borrowing Date, there shall have been delivered to the Administrative Agent or its counsel true and correct copies of the following documents:
(a) all agreements with respect to the management of the Borrower or any of its Subsidiaries or any of the Mortgaged Vessels not delivered pursuant to this Section 6.18 on a prior Borrowing Date (collectively, the “Management Agreements”); and
(b) all service agreements entered into between the Borrower and its Subsidiaries not delivered pursuant to this Section 6.18 on a prior Borrowing Date (“Service Agreement”); all of which Management Agreements and Service Agreements shall be in form and substance reasonably satisfactory to the Administrative Agent and shall be in full force and effect on such Borrowing Date. The acceptance of the proceeds of each Loan shall constitute a representation and warranty by the Borrower to the Administrative Agent and each of the Lenders that all of the applicable conditions specified in Section 5 and in this Section 6 and applicable to such Borrowing have been satisfied as of that time. All of the applicable Notes, certificates, legal opinions and other documents and papers referred to in Section 5 and in this Section 6, unless otherwise specified, shall be delivered to the Administrative Agent at the Notice Office for the account of each of the Lenders and, except for the Notes, in sufficient counterparts for each of the Lenders and shall be in form and substance reasonably satisfactory to the Administrative Agent.
Management and Service Agreements. There shall have been delivered to the Administrative Agent or its counsel true and correct copies of the following documents:
(i) all management agreements (the “Management Agreements”) with respect to each Vessel to which the Loans being made on such date relate, each of which shall be with an International Transport Workers’ Federation approved manager and otherwise be in form and substance acceptable to the Lenders. Each Management Agreement shall contain provisions satisfactory to the Administrative Agent subordinating the rights of the respective manager to those of the Agents and Lenders hereunder; and
(ii) all service agreements (the “Service Agreements”) entered into between the Borrower and the Subsidiary Guarantors not delivered on or prior to the relevant Borrowing Date; all of which Management Agreements and Service Agreements shall be in form and substance reasonably satisfactory to the Administrative Agent and shall be in full force and effect on such Borrowing Date.
Management and Service Agreements. On the Initial Borrowing Date, there shall have been delivered to the Administrative Agent or its counsel true and correct copies of the following documents:
(a) all agreements with respect to the management of any of the Subsidiaries or any of the Mortgaged Vessels (collectively, the "Management Agreements"); and
(b) all service agreements entered into between the Borrower and its Subsidiaries ("Service Agreement"); all of which Management Agreements and Service Agreements shall be in form and substance reasonably satisfactory to the Lead Arrangers and shall be in full force and effect on the Initial Borrowing Date.
Management and Service Agreements. On each Vessel Acquisition Borrowing Date, there shall have been delivered to the Administrative Agent or its counsel true and correct copies of the following documents:
(i) all Management Agreements with respect to the Subsidiary Guarantor acquiring such Additional Vessel not delivered pursuant to this Section 6.01(h) or Section 5.20 on or prior to such Borrowing Date; and
(ii) all Service Agreements entered into between the Borrower and its Subsidiaries not delivered pursuant to this Section 6.01(h) or Section 5.20 on or prior to such Borrowing Date; all of which Management Agreements and Service Agreements shall be in form and substance reasonably satisfactory to the Lead Arrangers and shall be in full force and effect on such Borrowing Date.
Management and Service Agreements. There shall have been delivered to the Administrative Agent or its counsel true and correct copies of the following documents:
(i) all Management Agreements with respect to the Subsidiary Guarantor of each Existing Vessel not delivered on or prior to the Collateral Delivery Date; and
(ii) all Service Agreements entered into between the Borrower and its Subsidiaries not delivered on or prior to the Collateral Delivery Date; all of which Management Agreements and Service Agreements shall be in form and substance reasonably satisfactory to the Mandated Lead Arranger and shall be in full force and effect on such Collateral Delivery Date.
Management and Service Agreements. On each Vessel Acquisition Borrowing Date, there shall have been delivered to the Administrative Agent or its counsel true and correct copies of the following documents:
(i) all Management Agreements with respect to the Subsidiary Guarantor of each Additional Vessel not delivered on or prior to the Collateral Delivery Date; and
(ii) all Service Agreements entered into between the Borrower and its Subsidiaries not delivered on or prior to the Collateral Delivery Date; all of which Management Agreements and Service Agreements shall be in form and substance reasonably satisfactory to the Mandated Lead Arranger and shall be in full force and effect on the Collateral Delivery Date.
Management and Service Agreements. 13 4.22 Investment Portfolio and Other Assets . . . . . . . . . . . . . . . . . . 14 4.23 Intercompany and Affiliate Transactions; Insider Interests. . . . . . . .
Management and Service Agreements. (a) All management and/or service agreements entered into by the Fund as now in force are set forth in Section 4.21 of the Disclosure Schedule, and to the extent required under applicable Law, are in a form acceptable to applicable regulatory authorities or, to the extent required by Law, have been filed and not objected to by such authorities within the period provided for objection.
(b) Except as set forth in Section 4.21 of the Disclosure Schedule, each agreement set forth in Section 4.21 of the Disclosure Schedule is valid and binding against the Fund and each other party thereto, and is in full force and effect in accordance with its terms. Except as set forth in Section 4.21 of the Disclosure Schedule, the Fund and each other party thereto is and has been in compliance with the terms of such agreements. There are no defaults (or circumstances or events that, with the giving of notice or lapse of time or both, would become defaults) with respect to any such contract or other agreement and no such contract or other agreement contains any provisions providing that the other party thereto may terminate the same by reason of the transactions contemplated by this Agreement or any other provision which would be altered or otherwise become applicable by reason of such transactions.
