Common use of Miscellaneous indemnities Clause in Contracts

Miscellaneous indemnities. The Borrowers shall on demand indemnify the Bank, without prejudice to any of the Bank’s other rights under any of the Security Documents, against any loss (including loss of Margin) or expense which the Bank shall certify as sustained or incurred by it as a consequence of: 11.1.1 any default in payment by the Borrowers of any sum under any of the Security Documents when due; 11.1.2 the occurrence of any other Event of Default; 11.1.3 any prepayment or reduction of a Tranche or part thereof being made under clauses 4.3, 8.2.1 or 12.1 or any other repayment or prepayment of a Tranche or part thereof being made otherwise than on an Interest Payment Date relating to the part of the Tranche prepaid or repaid; or 11.1.4 any Advance not being made for any reason (excluding any default by the Bank) after the Drawdown Notice in relation thereto has been given, including, in any such case, but not limited to, any loss or expense sustained or incurred in maintaining or funding a Tranche or any part thereof or in liquidating or re-employing deposits from third parties acquired to effect or maintain a Tranche or any part thereof.

Appears in 4 contracts

Samples: Loan Agreement (Aegean Marine Petroleum Network Inc.), Loan Agreement (Aegean Marine Petroleum Network Inc.), Loan Agreement (Aegean Marine Petroleum Network Inc.)

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Miscellaneous indemnities. The Borrowers shall on demand indemnify the Bankeach Creditor, without prejudice to any of the Banksuch Creditor’s other rights under any of the Security Documents, against any loss (including loss of Margin) or expense which the Bank such Creditor shall certify as sustained or incurred by it as a consequence of: 11.1.1 any default in payment by the Borrowers of any sum under any of the Security Documents when due; 11.1.2 the occurrence of any other Event of Default; 11.1.3 any prepayment or reduction of a Tranche or part thereof being made under clauses 4.3, 8.2.1 8.2.1(a) or 12.1 or any other repayment or prepayment of a Tranche or part thereof being made otherwise than on an Interest Payment Date relating to the part of the Tranche prepaid or repaid; or 11.1.4 any Advance not being made for any reason (excluding any default by the Agent or any Bank) after the Drawdown Notice in relation thereto for such Advance has been given, including, in any such case, but not limited to, any loss or expense sustained or incurred by the relevant Creditor in maintaining or funding a Tranche its Contribution or, as the case may be, its Commitment (or any part thereof thereof) or in liquidating or re-employing deposits from third parties acquired to effect or maintain a Tranche its Contribution or, as the case may be, its Commitment (or any part thereof) or any other amount owing to such Creditor.

Appears in 4 contracts

Samples: Loan Agreement (Euronav NV), Loan Agreement (Aegean Marine Petroleum Network Inc.), Loan Agreement (Aegean Marine Petroleum Network Inc.)

Miscellaneous indemnities. The Borrowers shall on demand indemnify the Bankeach Creditor, without prejudice to any of the Bank’s such Creditor's other rights under any of the Security Documents, against any loss (including loss of Margin) or expense which the Bank such Creditor shall certify as sustained or incurred by it as a consequence of: 11.1.1 any default in payment by the Borrowers of any sum under any of the Security Documents when due; 11.1.2 the occurrence of any other Event of Default; 11.1.3 any prepayment or reduction of a Tranche or part thereof being made under clauses 4.3, 8.2.1 8.2.1(a) or 12.1 or any other repayment or prepayment of a Tranche or part thereof being made otherwise than on an Interest Payment Date relating to the part of the Tranche prepaid or repaid; or 11.1.4 any Advance not being made for any reason (excluding any default by the Agent or any Bank) after the Drawdown Notice in relation thereto for such Advance has been given, including, in any such case, but not limited to, any loss or expense sustained or incurred by the relevant Creditor in maintaining or funding a Tranche its Contribution or, as the case may be, its Commitment (or any part thereof thereof) or in liquidating or re-employing deposits from third parties acquired to effect or maintain a Tranche its Contribution or, as the case may be, its Commitment (or any part thereof) or any other amount owing to such Creditor.

Appears in 4 contracts

Samples: Loan Agreement (Aegean Marine Petroleum Network Inc.), Third Supplemental Agreement (Aegean Marine Petroleum Network Inc.), Ninth Supplemental Agreement (Aegean Marine Petroleum Network Inc.)

Miscellaneous indemnities. The Borrowers shall on demand indemnify the Bankeach Creditor, without prejudice to any of the Banksuch Creditor’s other rights under any of the Security Documents, against any loss (including loss of Margin) or expense which the Bank such Creditor shall certify as sustained or incurred by it as a consequence of: 11.1.1 any default in payment by the Borrowers of any sum under any of the Security Documents when due; 11.1.2 the occurrence of any other Event of Default; 11.1.3 any prepayment or reduction of a Tranche the Loan or part thereof being made under clauses 4.2, 4.3, 8.2.1 4.8, 8.2.1(a) or 12.1 or any other repayment or prepayment of a Tranche the Loan or part thereof being made otherwise than on an Interest Payment Date relating to the part of the Tranche Loan prepaid or repaid; or 11.1.4 any Advance not being made for any reason (excluding any default by the Agent or any Bank) after the Drawdown Notice in relation thereto for such Advance has been given, including, in any such case, but not limited to, any loss or expense sustained or incurred by the relevant Creditor in maintaining or funding a Tranche its Contribution or, as the case may be, its Commitment (or any part thereof thereof) or in liquidating or re-employing deposits from third parties acquired to effect or maintain a Tranche its Contribution or, as the case may be, its Commitment (or any part thereof) or in terminating or reversing or otherwise in connection with, any interest rate and/or currency swap or other derivative transaction or other arrangement entered into by a Creditor (whether with another legal entity or with another office or department of such Creditor) to hedge any exposure arising under this Agreement or in terminating, reversing, or otherwise in connection with, any open position arising under this Agreement, or any other amount owing to such Creditor.

Appears in 2 contracts

Samples: Loan Agreement (Quintana Shipping Ltd.), Supplemental Agreement (Quintana Shipping Ltd.)

Miscellaneous indemnities. The Borrowers shall on demand indemnify the Bankeach Creditor, without prejudice to any of the Bank’s such Creditor's other rights under any of the Security Documents, against any loss (including loss of Margin) or expense which the Bank such Creditor shall certify as sustained or incurred by it as a consequence of: 11.1.1 any default by any Security Party in payment by the Borrowers of any sum under any of the Security Documents when due; 11.1.2 the occurrence of any other Event of Default; 11.1.3 any prepayment of an Advance or reduction of a Tranche (or any part thereof thereof) being made under clauses 3.6.2, 4.3, 8.2.1 4.6, 8.2.1(a) or 12.1 or any other repayment or prepayment of a an Advance or Tranche or part thereof being made otherwise than on an Interest Payment Date relating to the part of the Advance or Tranche prepaid or repaid; or; 11.1.4 any Advance not being made for any reason (excluding any default by the BankAgent or any Lender) after the Drawdown Notice in relation thereto for such Advance has been given, ; or including, in any such case, but not limited to, any loss or expense sustained or incurred by the relevant Creditor in maintaining or funding a Tranche its Contribution or, as the case may be, its Commitment (or any part thereof thereof) or in liquidating or re-employing deposits from third parties acquired to effect or maintain a Tranche its Contribution or, as the case may be, its Commitment (or any part thereof) or any other amount owing to such Creditor.

Appears in 2 contracts

Samples: Loan Agreement (Seanergy Maritime Holdings Corp.), Loan Agreement (Seanergy Maritime Holdings Corp.)

Miscellaneous indemnities. The Borrowers Borrower shall on demand indemnify the Bank, without prejudice to any of the Bank’s 's other rights under any of the Security Documents, against any loss (including loss of Margin) or expense which the Bank shall certify (which certification shall not stand in the case of manifest error) as sustained or incurred by it as a consequence of: 11.1.1 any default in payment by the Borrowers Borrower of any sum under any of the Security Documents when due; 11.1.2 the occurrence of any other Event of Default; 11.1.3 any prepayment or reduction of a Tranche the Loan or part thereof being made under clauses 4.3clause 4.4, 8.2.1 4.5 or 12.1 12.1, or any other repayment or prepayment of a Tranche the Loan or part thereof being made otherwise than on an Interest Payment Date relating to the part of the Tranche Loan prepaid or repaid; or 11.1.4 any Advance not being made for any reason (excluding any default by the Bank) after the relevant Drawdown Notice in relation thereto for such Advance has been given, including, in any such case, but not limited to, any loss or expense sustained or incurred in maintaining or funding a Tranche the Loan or any part thereof or in liquidating or re-employing deposits from third parties acquired to effect or maintain a Tranche the Loan or any part thereof.

Appears in 2 contracts

Samples: Supplemental Agreement (Top Ships Inc.), Facilities Agreement (Top Tankers Inc.)

Miscellaneous indemnities. The Borrowers Borrower shall on demand indemnify the Bank, without prejudice to any of the Bank’s 's other rights under any of the Security Documents, against any loss (including loss of Margin) or expense which the Bank shall certify as sustained or incurred by it as a consequence of: 11.1.1 any default in payment by the Borrowers of any sum under any of the Security Documents when due; 11.1.2 the occurrence of any other Event of Default; 11.1.3 any prepayment of the Loan (or reduction of a Tranche or any part thereof thereof) being made under clauses 4.2, 4.3, 8.2.1 8.2.1(a) or 12.1 or any other prepayment or repayment or prepayment of a Tranche the Loan (or part thereof thereof) being made otherwise than on an Interest Payment Date relating to the part of the Tranche Loan being prepaid or repaid; or 11.1.4 any Advance the Loan not being made for any reason (excluding any default by the Bank) after the Drawdown Notice in relation thereto has been given, including, in any such case, but not limited to, to any loss or expense sustained or incurred by the Bank in maintaining or funding a Tranche the Commitment or any part thereof or in liquidating or re-employing deposits from third parties acquired to effect or maintain a Tranche the Commitment or any part thereofthereof or any other amount owing to the Bank.

Appears in 2 contracts

Samples: Loan Agreement (Aegean Marine Petroleum Network Inc.), Loan Agreement (Aegean Marine Petroleum Network Inc.)

Miscellaneous indemnities. The Borrowers shall on demand indemnify the Bank, without prejudice to any of the Bank’s other rights under any of the Security Documents, against any loss (including loss of Margin) or expense which the Bank shall certify as sustained or incurred by it as a consequence of: 11.1.1 any default in payment by the Borrowers of any sum under any of the Security Documents when due; 11.1.2 the occurrence of any other Event of Default; 11.1.3 any prepayment or reduction of a Tranche the Loan or part thereof being made under clauses 4.34.2, 8.2.1 4.3 or 12.1 or any other repayment or prepayment of a Tranche the Loan or part thereof being made otherwise than on an Interest Payment Date relating to the part of the Tranche Loan prepaid or repaid; or; 11.1.4 any Advance not being made for any reason (excluding any default by the Bank) after the Drawdown Notice in relation thereto for that Advance has been given; or 11.1.5 the issuance of either Bank Guarantee and/or the performance of the Bank’s obligations thereunder, including, in any such case, but not limited to, any loss or expense sustained or incurred in maintaining or funding a Tranche the Loan or any part thereof or any loan outstanding under clause 2.5.1 or in liquidating or re-employing deposits from third parties acquired to effect or maintain a Tranche the Loan or any part thereofthereof or any loan outstanding under clause 2.5.1.

Appears in 2 contracts

Samples: Supplemental Agreement, Supplemental Agreement (Gala Properties Inc.)

Miscellaneous indemnities. The Borrowers shall on demand indemnify the Bankeach Creditor, without prejudice to any of the Bank’s such Creditor's other rights under any of the Security Documents, against any loss (including loss of Margin) or expense which the Bank such Creditor shall certify as sustained or incurred by it as a consequence of: 11.1.1 any default by any Security Party in payment by the Borrowers of any sum under any of the Security Documents when due; 11.1.2 the occurrence of any other Event of Default; 11.1.3 any prepayment or reduction of a Tranche the Loan or part thereof being made under clauses 3.6.2, 4.2, 4.3, 8.2.1 8.2.1(a) or 12.1 or any other repayment or prepayment of a Tranche the Loan or part thereof being made otherwise than on an Interest Payment Date relating to the part of the Tranche Loan prepaid or repaid; or 11.1.4 any Advance not being made for any reason (excluding any default by the Agent or any Bank) after the Drawdown Notice in relation thereto for such Advance has been given, including, in any such case, but not limited to, any loss or expense sustained or incurred by the relevant Creditor in maintaining or funding a Tranche its Contribution or, as the case may be, Commitment (or any part thereof thereof) or in liquidating or re-employing deposits from third parties acquired to effect or maintain a Tranche its Contribution or, as the case may be, its Commitment (or any part thereof) or any other amount owing to such Creditor.

Appears in 1 contract

Samples: Loan Agreement (Seanergy Maritime Holdings Corp.)

Miscellaneous indemnities. The Borrowers shall on demand indemnify the Bankeach Creditor, without prejudice to any of the Banksuch Creditor’s other rights under any of the Security Documents, against any loss (including loss of Margin) or expense which the Bank such Creditor shall certify as sustained or incurred by it as a consequence of: 11.1.1 any default in payment by the Borrowers of any sum under any of the Security Documents when due; 11.1.2 the occurrence of any other Event of Default; 11.1.3 any prepayment or reduction of a Tranche the Loan or part thereof being made under clauses 3.6.2. 4.3, 8.2.1 8.2.1(a) or 12.1 or any other repayment or prepayment of a Tranche the Loan or part thereof being made otherwise than on an Interest Payment Date relating to the part of the Tranche Loan prepaid or repaid; or 11.1.4 any Advance the Loan not being made for any reason (excluding any default by the Agent or any Bank) after the Drawdown Notice in relation thereto has been given, including, in any such case, but not limited to, any loss or expense sustained or incurred by the relevant Creditor in maintaining or funding a Tranche its Contribution or, as the case may be, Commitment or any part thereof or in liquidating or re-employing deposits from third parties acquired to effect or maintain a Tranche its Contribution or, as the case may be, Commitment or any part thereofthereof or any other amount owing to such Creditor.

Appears in 1 contract

Samples: Loan Agreement (Golden Energy Marine Corp.)

Miscellaneous indemnities. The Borrowers shall on demand indemnify the Bankeach Creditor, without prejudice to any of the Bank’s such Creditor's other rights under any of the Security Documents, against any loss (including loss of Margin) or expense which the Bank such Creditor shall certify as sustained or incurred by it as a consequence of: 11.1.1 any default in payment by the Borrowers of any sum under any of the Security Documents when due; 11.1.2 the occurrence of any other Event of Default; 11.1.3 any prepayment or reduction of a Tranche the Loan or part thereof being made under clauses clause 4.3, 8.2.1 8. (a) or 12.1 or any other repayment or prepayment of a Tranche the Loan or part thereof being made otherwise than on an Interest Payment Date relating to the part of the Tranche Loan prepaid or repaid; or; 11.1.4 any either Advance not being made for any reason (excluding any default by the Agent or any Bank) after the Drawdown Notice in relation thereto for such Advance has been given; or 11.1.5 the exercise of the deferral option by the Borrowers pursuant to clause 4.4 in respect of a relevant repayment instalment, including, in any such case, but not limited to, any loss or expense sustained or incurred by the relevant Creditor in maintaining or funding a Tranche its Contribution or, as the case may be, Commitment or any part thereof or in liquidating or re-employing deposits from third parties acquired to effect or maintain a Tranche its Contribution or, as the case may be, Commitment or any part thereofthereof or any other amount owing to such Creditor.

Appears in 1 contract

Samples: Loan Agreement (Capital Maritime & Trading Corp.)

Miscellaneous indemnities. The Borrowers shall on demand indemnify the Bankeach Creditor, without prejudice to any of the Bank’s such Creditor's other rights under any of the Security Documents, against any loss (including loss of Margin) or expense which the Bank such Creditor shall certify as sustained or incurred by it as a consequence of: 11.1.1 any default in payment by the Borrowers any Security Party of any sum under any of the Security Documents when due; 11.1.2 the occurrence of any other Event of Default; 11.1.3 any prepayment or reduction repayment of a Tranche the Loan or part thereof being made under clauses 4.1, 4.2, 4.3, 8.2.1 or 12.1 12.1, or any other repayment or prepayment of a Tranche the Loan or part thereof being made otherwise than on an Interest Payment Date relating to the part of the Tranche Loan prepaid or repaid; or 11.1.4 any Advance not being made for any reason (excluding any default by the Bankany Creditor) after the Drawdown Notice in relation thereto for such Advance has been given, including, in any such case, but not limited to, any loss or expense sustained or incurred by the relevant Creditor in maintaining or funding a Tranche its Contribution or, as the case may be, Commitment or any part thereof or in liquidating or re-employing deposits from third parties acquired to effect or maintain a Tranche its Contribution or, as the case may be, Commitment or any part thereofthereof or in terminating or reversing or otherwise in connection with, any interest rate and/or currency swap or other derivative transaction or other arrangement entered into by a Creditor (whether with another legal entity or with another office or department of such Creditor) to hedge any exposure arising under this Agreement or in terminating, reversing, or otherwise in connection with, any open position arising under this Agreement, or any other amount owing to such Creditor.

Appears in 1 contract

Samples: Loan Agreement (Diana Shipping Inc.)

Miscellaneous indemnities. The Borrowers shall on demand indemnify the Bankeach Creditor, without prejudice to any of the Banksuch Creditor’s other rights under any of the Security Documents, against any loss (including loss of Margin) or expense which the Bank such Creditor shall certify as sustained or incurred by it as a consequence of: 11.1.1 any default in payment by the Borrowers any Security Party of any sum under any of the Security Documents when due; 11.1.2 the occurrence of any other Event of Default; 11.1.3 any prepayment of the Loan (or reduction of a Tranche or any part thereof thereof) being made under clauses 4.2, 4.3, 8.2.1 or 12.1 12.1, or any other repayment or prepayment of a Tranche the Loan or part thereof being made otherwise than on an Interest Payment Date relating to the part of the Tranche Loan prepaid or repaid; or 11.1.4 any Advance not being made for any reason (excluding any default by the Bankany Creditor) after the Drawdown Notice in relation thereto for such Advance has been given, including, in any such case, but not limited to, any loss or expense sustained or incurred by a Bank in maintaining or funding a Tranche its Contribution or, as the case may be, Commitment or any part thereof or in liquidating or re-employing deposits from third parties acquired to effect or maintain a Tranche its Contribution or, as the case may be, Commitment or any part thereofthereof or any other amount owing to such Bank, or in terminating, reversing or otherwise in connection with, any open position of a Bank in relation to this Agreement.

Appears in 1 contract

Samples: Loan Agreement (DryShips Inc.)

Miscellaneous indemnities. The Borrowers shall on demand indemnify the Bankeach Creditor, without prejudice to any of the Bank’s Creditors' other rights under any of the Security Documents, against any loss (including loss of Margin) or expense which the Bank such Creditor shall certify as sustained or incurred by it as a consequence of: 11.1.1 any default in payment by the Borrowers either Borrower of any sum under any of the Security Documents when due;; or 11.1.2 the occurrence of any other Event of Default;; or 11.1.3 any prepayment of the Loan (or reduction of a Tranche or any part thereof thereof) being made under clauses 4.3, 8.2.1 8.2.1(a) or 12.1 12.1, or any other repayment or prepayment of a Tranche the Loan or part thereof being made otherwise than on an Interest Payment Date relating to the part of the Tranche Loan prepaid or repaid; or 11.1.4 any Advance not being made for any reason (excluding any default by the Bankany Creditor) after the Drawdown Notice in relation thereto for such Advance has been given, including, in any such case, but not limited to, any loss or expense sustained or incurred by a Bank in maintaining or funding a Tranche its Contribution or, as the case may be, Commitment or any part thereof or in liquidating or re-employing deposits from third parties acquired to effect or maintain a Tranche its Contribution or, as the case may be, Commitment or any part thereofthereof or any other amount owing to such Bank, or in terminating or reversing, or otherwise in connection with, any open position of a Bank in relation to this Agreement.

Appears in 1 contract

Samples: Supplemental Agreement (Diana Shipping Inc.)

Miscellaneous indemnities. The Borrowers shall on demand indemnify the Bankeach Creditor, without prejudice to any of the Banksuch Creditor’s other rights under any of the Security Documents, against any loss (including loss of Margin) or expense which the Bank such Creditor shall certify as sustained or incurred by it as a consequence of: 11.1.1 any default by any Security Party in payment by the Borrowers of any sum under any of the Security Documents when due; 11.1.2 the occurrence of any other Event of Default; 11.1.3 any prepayment or reduction of a Tranche the Loan or part thereof being made under clauses 3.6.2, 4.2, 4.3, 8.2.1 8.2.1(a) or 12.1 or any other repayment or prepayment of a Tranche the Loan or part thereof being made otherwise than on an Interest Payment Date relating to the part of the Tranche Loan prepaid or repaid; or 11.1.4 any Advance not being made for any reason (excluding any default by the Agent or any Bank) after the Drawdown Notice in relation thereto for such Advance has been given, including, in any such case, but not limited to, any loss or expense sustained or incurred by the relevant Creditor in maintaining or funding a Tranche its Contribution or, as the case may be, Commitment (or any part thereof thereof) or in liquidating or re-employing deposits from third parties acquired to effect or maintain a Tranche its Contribution or, as the case may be, its Commitment (or any part thereof) or any other amount owing to such Creditor.

Appears in 1 contract

Samples: Second Supplemental Agreement (Seanergy Maritime Holdings Corp.)

Miscellaneous indemnities. The Borrowers shall on demand indemnify the Bankeach Creditor, without prejudice to any of the Banksuch Creditor’s other rights under any of the Security Documents, against any loss (including loss of relevant Margin) or expense which the Bank such Creditor shall certify as sustained or incurred by it as a consequence of: 11.1.1 any default in payment by the Borrowers of any sum under any of the Security Documents when due; 11.1.2 the occurrence of any other Event of Default; 11.1.3 any prepayment or reduction of a Tranche the Loan or part thereof being made under clauses 4.2, 4.3, 8.2.1 4.8, 8.2.1(a) or 12.1 or any other repayment or prepayment of a Tranche the Loan or part thereof being made otherwise than on an Interest Payment Date relating to the part of the Tranche Loan prepaid or repaid; or 11.1.4 any Advance not being made for any reason (excluding any default by the Agent or any Bank) after the Drawdown Notice in relation thereto for such Advance has been given, including, in any such case, but not limited to, any loss or expense sustained or incurred by the relevant Creditor in maintaining or funding a Tranche its Contribution or, as the case may be, its Commitment (or any part thereof thereof) or in liquidating or re-employing deposits from third parties acquired to effect or maintain a Tranche its Contribution or, as the case may be, its Commitment (or any part thereof) or in terminating or reversing or otherwise in connection with, any interest rate and/or currency swap or other derivative transaction or other arrangement entered into by a Creditor (whether with another legal entity or with another office or department of such Creditor) to hedge any exposure arising under this Agreement or in terminating, reversing, or otherwise in connection with, any open position arising under this Agreement, or any other amount owing to such Creditor.

Appears in 1 contract

Samples: Supplemental Agreement (Quintana Shipping Ltd.)

Miscellaneous indemnities. 11.1.1 The Borrowers shall on demand indemnify the Bankeach Creditor, without prejudice to any of the Banksuch Creditor’s other rights under any of the Security Documents, against any loss (including loss of Margin) or expense which the Bank such Creditor shall certify as sustained or incurred by it as a consequence of: 11.1.1 11.1.2 any default in payment by the Borrowers of any sum under any of the Security Documents when due; 11.1.2 ; the occurrence of any other Event of Default; 11.1.3 any prepayment or reduction of a Tranche the Loan or part thereof being made under clauses 4.34.2, 8.2.1 4.3 or 12.1 or any other repayment or prepayment of a Tranche the Loan or part thereof being made otherwise than on an Interest Payment Date relating to the part of the Tranche Loan prepaid or repaid; or 11.1.4 any Advance not being made for any reason (excluding any default by the Agent or any Bank) after the Drawdown Notice in relation thereto for such Advance has been given, including, in any such case, but not limited to, any loss or expense sustained or incurred by the relevant Creditor in maintaining or funding a Tranche its Contribution or, as the case may be, its Commitment (or any part thereof thereof) or in liquidating or re-employing deposits from third parties acquired to effect or maintain a Tranche its Contribution or, as the case may be, its Commitment (or any part thereof), or any other amount owing to such Creditor.

Appears in 1 contract

Samples: Loan Agreement (Quintana Shipping Ltd.)

Miscellaneous indemnities. The Borrowers shall on demand indemnify the Bankeach Creditor, without prejudice to any of the Banksuch Creditor’s other rights under any of the Security Documents, against any loss (including loss of Margin) or expense which the Bank such Creditor shall certify as sustained or incurred by it as a consequence of: 11.1.1 any default in payment by the Borrowers of any sum under any of the Security Documents when due; 11.1.2 the occurrence of any other Event of Default; 11.1.3 any prepayment or reduction of a Tranche the Loan or part thereof being made under clauses 4.3, 8.2.1 4.4, 8.2.1(a) or 12.1 or any other repayment or prepayment of a Tranche the Loan or part thereof being made otherwise than on an Interest Payment Date relating to the part of the Tranche Loan prepaid or repaid; or 11.1.4 any Advance not being made for any reason (excluding any default by the Agent or any Bank) after the Drawdown Notice in relation thereto for such Advance has been given, including, in any such case, but not limited to, any loss or expense sustained or incurred by the relevant Creditor in maintaining or funding a Tranche its Contribution or, as the case may be, Commitment or any part thereof or in liquidating or re-employing deposits from third parties acquired to effect or maintain a Tranche its Contribution or, as the case may be, Commitment or any part thereofthereof or any other amount owing to such Creditor.

Appears in 1 contract

Samples: Senior Loan Agreement (FreeSeas Inc.)

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Miscellaneous indemnities. The Borrowers Borrower shall on demand indemnify the Bank, without prejudice to any of the Bank’s 's other rights under any of the Security Documents, against any loss (including loss of Margin) or expense which the Bank shall certify as sustained or incurred by it as a consequence of: 11.1.1 any default in payment by the Borrowers of any sum under any of the Security Documents when due; 11.1.2 the occurrence of any other Event of Default; 11.1.3 any prepayment of the Loan (or reduction of a Tranche or any part thereof thereof) being made under clauses 4.2, 4.3, 8.2.1 4.4, 8.2.1(a) or 12.1 or any other prepayment or repayment or prepayment of a Tranche an Advance (or part thereof thereof) being made otherwise than on an Interest Payment Date relating to the part of the Tranche Advance being prepaid or repaid; or 11.1.4 any Advance not being made for any reason (excluding any default by the Bank) after the Drawdown Notice in relation thereto for such Advance has been given, including, in any such case, but not limited to, to any loss or expense sustained or incurred by the Bank in maintaining or funding a Tranche the Commitment or any part thereof or in liquidating or re-employing deposits from third parties acquired to effect or maintain a Tranche the Commitment or any part thereofthereof or any other amount owing to the Bank.

Appears in 1 contract

Samples: Facility Agreement (Globus Maritime LTD)

Miscellaneous indemnities. The Borrowers Borrower shall on demand indemnify the Bank, without prejudice to any of the Bank’s other rights under any of the Security Documents, against any loss (including loss of Margin) or expense which the Bank shall certify as sustained or incurred by it as a consequence of: 11.1.1 any default in payment by the Borrowers of any sum under any of the Security Documents when due; 11.1.2 the occurrence of any other Event of Default; 11.1.3 any prepayment of the Loan (or reduction of a Tranche or any part thereof thereof) being made under clauses 4.2, 4.3, 8.2.1 4.4, 8.2.1(a), 8.4, 8.5 or 12.1 or any other prepayment or repayment or prepayment of a Tranche an Advance (or part thereof thereof) being made otherwise than on an Interest Payment Date relating to the part of the Tranche Advance being prepaid or repaid; or 11.1.4 any Advance not being made for any reason (excluding any default by the Bank) after the Drawdown Notice in relation thereto for such Advance has been given, including, in any such case, but not limited to, to any loss or expense sustained or incurred by the Bank in maintaining or funding a Tranche the Commitment or any part thereof or in liquidating or re-employing deposits from third parties acquired to effect or maintain a Tranche the Commitment or any part thereofthereof or any other amount owing to the Bank.

Appears in 1 contract

Samples: Facility Agreement (Freeseas Inc.)

Miscellaneous indemnities. The Borrowers Borrower shall on demand indemnify the Bankeach Creditor, without prejudice to any of the Bank’s Creditors’ other rights under any of the Security Documents, against any loss (including loss of Margin) or expense which the Bank such Creditor shall certify as sustained or incurred by it as a consequence of: 11.1.1 any default in payment by the Borrowers Borrower of any sum under any of the Security Documents when due;; or 11.1.2 the occurrence of any other Event of Default;; or 11.1.3 any prepayment of the Loan (or reduction of a Tranche or any part thereof thereof) being made under clauses 4.3, 8.2.1 8.2.1(a) or 12.1 or any other repayment or prepayment of a Tranche the Loan or part thereof being made otherwise than on an Interest Payment Date relating to the part of the Tranche Loan prepaid or repaid; or 11.1.4 any Advance the Loan not being made for any reason (excluding any default by the Bankany Creditor) after the Drawdown Notice in relation thereto has been given, including, in any such case, but not limited to, any loss or expense sustained or incurred by a Bank in maintaining or funding a Tranche its Contribution or, as the case may be, Commitment or any part thereof or in liquidating or re-employing deposits from third parties acquired to effect or maintain a Tranche its Contribution or, as the case may be, Commitment or any part thereofthereof or any other amount owing to such Bank, or in terminating or reversing, or otherwise in connection with, any open position of a Bank in relation to this Agreement.

Appears in 1 contract

Samples: Loan Agreement (DryShips Inc.)

Miscellaneous indemnities. The Borrowers Borrower shall on demand indemnify each Bank, each Arranger, the BankSecurity Trustee and the Agent, without prejudice to any of the Bank’s their other rights under any of the Security Documentsthis Agreement, against any loss (including in the case of (a) or (b) below loss of Margin) or expense which such Bank, such Arranger, the Bank Security Trustee or the Agent shall certify as sustained or incurred by it as a consequence of: 11.1.1 (a) any default in payment by the Borrowers Borrower of any sum under any of the Security Documents this Agreement when due; 11.1.2 (b) the occurrence of any other Event of Default; 11.1.3 (c) any repayment or prepayment or reduction of a Tranche the Loan or part thereof being made under clauses 4.3, 8.2.1 clause 6 or 12.1 or any other repayment or prepayment of a Tranche or part thereof being made 15.1 otherwise than on the last day of an Interest Payment Date Period relating to the part of the Tranche prepaid Loan repaid or repaidprepaid; or 11.1.4 (d) any Advance not being made for any reason (excluding any default by the Agent or any Bank) after the a Drawdown Notice in relation thereto has been given, including, in any such case, but not limited to, any loss or expense sustained or incurred by such Bank in maintaining or funding a Tranche its Contribution or any part thereof or in liquidating or re-employing reemploying deposits from third parties acquired or contracted for to effect or maintain a Tranche fund its Contribution or any part thereofthereof or any other amount owing to such Bank.

Appears in 1 contract

Samples: Loan Agreement (Telewest Communications PLC /New/)

Miscellaneous indemnities. The Borrowers Borrower shall on demand indemnify the Bankeach Creditor, without prejudice to any of the Bank’s Creditors' other rights under any of the Security Documents, against any loss (including loss of Margin) or expense which the Bank such Creditor shall certify as sustained or incurred by it as a consequence of: 11.1.1 any default in payment by the Borrowers Borrower of any sum under any of the Security Documents when due;; or 11.1.2 the occurrence of any other Event of Default;; or 11.1.3 any prepayment of the Loan (or reduction of a Tranche or any part thereof thereof) being made under clauses 4.3, 8.2.1 8.2.1(a) or 12.1 or any other repayment or prepayment of a Tranche the Loan or part thereof being made otherwise than on an Interest Payment Date relating to the part of the Tranche Loan prepaid or repaid; or 11.1.4 any Advance the Loan not being made for any reason (excluding any default by the Bankany Creditor) after the Drawdown Notice in relation thereto has been given, including, in any such case, but not limited to, any loss or expense sustained or incurred by a Bank in maintaining or funding a Tranche its Contribution or, as the case may be, Commitment or any part thereof or in liquidating or re-employing deposits from third parties acquired to effect or maintain a Tranche its Contribution or, as the case may be, Commitment or any part thereofthereof or any other amount owing to such Bank, or in terminating or reversing, or otherwise in connection with, any open position of a Bank in relation to this Agreement.

Appears in 1 contract

Samples: Loan Agreement (Diana Shipping Inc.)

Miscellaneous indemnities. The Borrowers Borrower shall on demand indemnify each Lender, the BankAgent and the Security Trustee, without prejudice to any of the Bank’s their other rights under any of the Security Documents, against any loss (including loss of MarginMargin until the end of the then current Interest Period) or expense which such Lender, the Bank Agent or the Security Trustee shall certify as sustained or incurred by it as a consequence of: 11.1.1 any default in payment by the Borrowers Borrower of any sum under any of the Security Documents when due; 11.1.2 the occurrence of any other Event of Default; 11.1.3 any prepayment or reduction of a Tranche any Advance or part thereof or the Loan being made under clauses 4.3, 8.2.1 8.3 or 12.1 12.1, or any other repayment or prepayment of a Tranche any Advance or part thereof or the Loan being made otherwise than on an Interest Payment Date relating to the part of Advance or the Tranche Loan prepaid or repaid; or 11.1.4 any Advance not being made for any reason (excluding any default by unless attributable to the Bankfault of the Lenders) after the relevant Drawdown Notice in relation thereto for such Advance has been given, including, in any such case, but not limited to, any loss or expense sustained or incurred by any Lender in maintaining or funding a Tranche its Contribution or any part thereof or in liquidating or re-employing deposits from third parties acquired or contracted for to fund, effect or maintain a Tranche all or any part thereofof its Contribution or any other amount arising to such Lender.

Appears in 1 contract

Samples: Loan Agreement (American Eagle Tankers Inc LTD)

Miscellaneous indemnities. The Borrowers shall on demand indemnify the Bankeach Creditor, without prejudice to any of the Banksuch Creditor’s other rights under any of the Security Documents, against any loss (including loss of Margin) or expense which the Bank such Creditor shall certify as sustained or incurred by it as a consequence of: 11.1.1 any default in payment by the Borrowers of any sum under any of the Security Documents when due; 11.1.2 the occurrence of any other Event of Default; 11.1.3 any prepayment or reduction of a Tranche the Loan or part thereof being made under clauses 4.34.2, 8.2.1 4.3 or 12.1 or any other repayment or prepayment of a Tranche the Loan or part thereof being made otherwise than on an Interest Payment Date relating to the part of the Tranche Loan prepaid or repaid; or 11.1.4 any Advance not being made for any reason (excluding any default by the Agent or any Bank) after the Drawdown Notice in relation thereto for such Advance has been given, including, in any such case, but not limited to, any loss or expense sustained or incurred by the relevant Creditor in maintaining or funding a Tranche its Contribution or, as the case may be, its Commitment (or any part thereof thereof) or in liquidating or re-employing deposits from third parties acquired to effect or maintain a Tranche its Contribution or, as the case may be, its Commitment (or any part thereof), or any other amount owing to such Creditor.

Appears in 1 contract

Samples: Loan Agreement (Quintana Shipping Ltd.)

Miscellaneous indemnities. The Borrowers Borrower shall on demand indemnify the Bank, without prejudice to any of the Bank’s other rights under any of the Security Documents, against any loss (including loss of Margin) or expense which the Bank shall certify as sustained or incurred by it as a consequence of: 11.1.1 any default in payment by the Borrowers of any sum under any of the Security Documents when due; 11.1.2 the occurrence of any other Event of Default; 11.1.3 any prepayment of the Loan (or reduction of a Tranche or any part thereof thereof) being made under clauses 4.2, 4.3, 8.2.1 4.4, 8.2.1(a) or 12.1 or any other prepayment or repayment or prepayment of a Tranche an Advance (or part thereof thereof) being made otherwise than on an Interest Payment Date relating to the part of the Tranche Advance being prepaid or repaid; or 11.1.4 any Advance not being made for any reason (excluding any default by the Bank) after the Drawdown Notice in relation thereto for such Advance has been given, including, in any such case, but not limited to, to any loss or expense sustained or incurred by the Bank in maintaining or funding a Tranche the Commitment or any part thereof or in liquidating or re-employing deposits from third parties acquired to effect or maintain a Tranche the Commitment or any part thereofthereof or any other amount owing to the Bank.

Appears in 1 contract

Samples: Facility Agreement (FreeSeas Inc.)

Miscellaneous indemnities. The Borrowers shall on demand indemnify the Bankeach Creditor, without prejudice to any of the Bank’s such Creditor's other rights under any of the Security Documents, against any loss (including loss of Margin) or expense which the Bank such Creditor shall certify as sustained or incurred by it as a consequence of: 11.1.1 any default in payment by the Borrowers of any sum under any of the Security Documents when due; 11.1.2 the occurrence of any other Event of Default; 11.1.3 any prepayment or reduction of a Tranche the Loan or part thereof being made under clauses 4.2, 4.3, 4.4, 8.2.1 or 12.1 12.1, or any other repayment or prepayment of a Tranche the Loan or part thereof being made otherwise than on an Interest Payment Date relating to the part of the Tranche Loan prepaid or repaid; or 11.1.4 any either Advance not being made for any reason (excluding any default by the Bankany Creditor) after the Drawdown Notice in relation thereto for such Advance has been given, including, in any such case, but not limited to, any loss or expense sustained or incurred by the relevant Creditor in maintaining or funding a Tranche its Contribution or, as the case may be, Commitment or any part thereof or in liquidating or re-employing deposits from third parties acquired to effect or maintain a Tranche its Contribution or, as the case may be, Commitment or any part thereofthereof or any other amount owing to such Creditor.

Appears in 1 contract

Samples: Loan Agreement (DryShips Inc.)

Miscellaneous indemnities. The Borrowers Borrower shall on demand indemnify the Bankeach Creditor, without prejudice to any of the Bank’s their other rights under any of the Security Documents, against any loss (including loss of Margin) or expense which the Bank such Creditor shall certify as sustained or incurred by it as a consequence of: 11.1.1 any default in payment by the Borrowers Borrower of any sum under any of the Security Documents when due; 11.1.2 the occurrence of any other Event of Default; 11.1.3 receiving or recovering all or any part of a sum unpaid otherwise than on the due date for the payment of interest in respect thereof; 11.1.4 any prepayment or reduction of a Tranche the Loan or part thereof being made under clauses 4.2, 4.3, 8.2.1 4.4.1, 4.7 or 12.1 12.1, or any other repayment or prepayment of a Tranche the Loan or part thereof being made otherwise than on an Interest Payment a Rollover Date relating to the part of the Tranche prepaid being repair or repaidprepaid; or 11.1.4 11.1.5 the Loan or any Advance part thereof not being made for any reason (excluding any default by the Bankrelevant Creditor) after on the date specified in the Drawdown Notice in relation thereto has been given, once given including, in any such case, but not limited to, any loss or expense sustained or incurred by any Creditor in maintaining or funding a Tranche its Contribution or any part thereof or in liquidating or re-employing deposits from third parties acquired or contracted for to fund, effect or maintain a Tranche its Contribution or any part thereofthereof (collectively "Breakage Costs").

Appears in 1 contract

Samples: Facility Agreement (Golar LNG LTD)

Miscellaneous indemnities. The Borrowers shall on demand indemnify the Bank, without prejudice to any of the Bank’s other rights under any of the Security Documents, against any loss (including loss of Margin) or expense which the Bank shall certify (which certification shall not stand in the case of manifest error) as sustained or incurred by it as a consequence of: 11.1.1 any default in payment by the Borrowers of any sum under any of the Security Documents when due; 11.1.2 the occurrence of any other Event of Default; 11.1.3 any prepayment or reduction of a Tranche the Loan or part thereof being made under clauses clause 4.3, 8.2.1 4.4 or 12.1 12.1, or any other repayment or prepayment of a Tranche the Loan or part thereof being made otherwise than on an Interest Payment Date relating to the part of the Tranche Loan prepaid or repaid; or 11.1.4 any Advance not being made for any reason (excluding any default by the Bank) after the relevant Drawdown Notice in relation thereto for such Advance has been given, including, in any such case, but not limited to, any loss or expense sustained or incurred in maintaining or funding a Tranche the Loan or any part thereof or in liquidating or re-employing deposits from third parties acquired to effect or maintain a Tranche the Loan or any part thereof.

Appears in 1 contract

Samples: Loan Agreement (Top Tankers Inc.)

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