MANDATED LEAD ARRANGER. SIGNED by )
MANDATED LEAD ARRANGER. EXECUTED and DELIVERED as a DEED ) by ) THE ROYAL BANK OF SCOTLAND PLC ) acting by Xxxxxx X. Xxxxxxx ) /s/ Xxxxxx X. Xxxxxxx its duly authorised attorney-in-fact ) in the presence of: /s/ Xxxxx Xxxxxxx ) EXECUTED and DELIVERED as a DEED ) by ) THE ROYAL BANK OF SCOTLAND PLC ) acting by Xxxxxx X. Xxxxxxx ) /s/ Xxxxxx X. Xxxxxxx its duly authorised attorney-in-fact ) in the presence of: /s/ Xxxxx Xxxxxxx ) EXECUTED and DELIVERED as a DEED ) by ) THE ROYAL BANK OF SCOTLAND PLC ) acting by ) its duly authorised attorney-in-fact ) in the presence of: ) EXECUTED and DELIVERED as a DEED ) by ) THE ROYAL BANK OF SCOTLAND PLC ) acting by Xxxxxx X. Xxxxxxx ) /s/ Xxxxxx X. Xxxxxxx ) its duly authorised attorney-in-fact ) in the presence of: /s/ Xxxxx Xxxxxxx ) EXECUTED and DELIVERED as a DEED ) by ) THE ROYAL BANK OF SCOTLAND PLC ) acting by Xxxxxx X. Xxxxxxx ) /s/ Xxxxxx X. Xxxxxxx ) its duly authorised attorney-in-fact ) in the presence of: /s/ Xxxxx Xxxxxxx ) 3 POSITION OF THE LENDERS AND THE SWAP BANK 20 6 INTEREST PERIODS 24 7 DEFAULT INTEREST 25 8 REPAYMENT AND PREPAYMENT 26 9 CONDITIONS PRECEDENT 28 10 REPRESENTATIONS AND WARRANTIES 30 11 GENERAL UNDERTAKINGS AND FINANCIAL COVENANTS 32 12 CORPORATE UNDERTAKINGS 37 13 INSURANCE 38 14 SHIP COVENANTS 43 15 SECURITY COVER 46 16 PAYMENTS AND CALCULATIONS 47 17 APPLICATION OF RECEIPTS 49 18 EARNINGS ACCOUNT AND XXXXXXX EARNINGS ACCOUNT 50 19 EVENTS OF DEFAULT 51 20 FEES AND EXPENSES 56 21 INDEMNITIES 58 22 NO SET-OFF OR TAX DEDUCTION 60 23 ILLEGALITY, ETC 61 24 INCREASED COSTS 61 25 SET‑OFF 63 26 TRANSFERS AND CHANGES IN LENDING OFFICES 64 27 VARIATIONS AND WAIVERS 67 28 NOTICES 67 29 JOINT AND SEVERAL LIABILITY 70 30 SUPPLEMENTAL 71 31 LAW AND JURISDICTION 71 SCHEDULE 1 LENDERS 73 SCHEDULE 2 DRAWDOWN NOTICE 74 SCHEDULE 3 CONDITION PRECEDENT DOCUMENTS 75 SCHEDULE 4 TRANSFER CERTIFICATE 80 SCHEDULE 5 REPAYMENT INSTALMENTS 84 SCHEDULE 6 MANDATORY COST FORMULA 86 schedule 7 Classification of SHIPS 88 SCHEDULE 8 FINANCIAL COVENANTS 89 SCHEDULE 9 FORM OF COMPLIANCE CERTIFICATE 98 EXECUTION PAGES 100 THIS LOAN AGREEMENT is made as of 29 March 2007 BETWEEN:
MANDATED LEAD ARRANGER. The Mandated Lead Arranger shall not have any right, power, obligation, liability, responsibility or duty under this Agreement other than, to the extent it is a Lender or the Administrative Agent, those applicable to all Lenders or the Administrative Agent, as the case may be, as such. Each Lender acknowledges that it has not relied, and will not rely, on the Mandated Lead Arranger in deciding to enter into this Agreement or in taking or not taking action hereunder.
MANDATED LEAD ARRANGER. SIGNED by Xxxxxx Xxxxx Xxxxxxx )
MANDATED LEAD ARRANGER. SIGNED by ) for and on behalf of ) HSH NORDBANK AG ) SIGNED by ) for and on behalf of ) HSH NORDBANK AG )
MANDATED LEAD ARRANGER. SECURITY TRUSTEE BOOKRUNNER
MANDATED LEAD ARRANGER. China Development Bank Corporation
MANDATED LEAD ARRANGER. Shanghai Pudong Development Bank Co., Ltd., Shanghai Branch
MANDATED LEAD ARRANGER. SIGNED by for and on behalf of NORDDEUTSCHE LANDESBANK GIROZENTRALE ) ) ) )
MANDATED LEAD ARRANGER. EXECUTED and DELIVERED as a DEED )
