Miscellaneous indemnities. The Borrowers shall on demand indemnify each Creditor, without prejudice to any of such Creditor's other rights under any of the Security Documents, against any loss (including loss of Margin) or expense which such Creditor shall certify as sustained or incurred by it as a consequence of: 11.1.1 any default in payment 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(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 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 its Contribution or, as the case may be, its Commitment (or any part thereof) or in liquidating or re-employing deposits from third parties acquired to effect or maintain 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.), Ninth Supplemental Agreement (Aegean Marine Petroleum Network Inc.), Third Supplemental Agreement (Aegean Marine Petroleum Network Inc.)
Miscellaneous indemnities. The Borrowers shall on demand indemnify each Creditor, without prejudice to any of such Creditor's ’s other rights under any of the Security Documents, against any loss (including loss of Margin) or expense which such Creditor shall certify as sustained or incurred by it as a consequence of:
11.1.1 any default in payment 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(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 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 its Contribution or, as the case may be, its Commitment (or any part thereof) or in liquidating or re-employing deposits from third parties acquired to effect or maintain 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 each Creditorthe Bank, without prejudice to any of such Creditor's the Bank’s other rights under any of the Security Documents, against any loss (including loss of Margin) or expense which such Creditor 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(a) 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 Agent or any Bank) after the Drawdown Notice for such Advance 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 its Contribution or, as the case may be, its Commitment (a Tranche or any part thereof) thereof or in liquidating or re-employing deposits from third parties acquired to effect or maintain its Contribution or, as the case may be, its Commitment (a Tranche or any part thereof) or any other amount owing to such Creditor.
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.)
Miscellaneous indemnities. The Borrowers shall on demand indemnify each Creditor, without prejudice to any of such Creditor's other rights under any of the Security Documents, against any loss (including loss of Margin) or expense which 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 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, 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 Agent or any BankLender) after the Drawdown Notice 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 its Contribution or, as the case may be, its Commitment (or any part thereof) or in liquidating or re-employing deposits from third parties acquired to effect or maintain 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 each Creditorthe Bank, without prejudice to any of such Creditorthe Bank's other rights under any of the Security Documents, against any loss (including loss of Margin) or expense which such Creditor 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 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(a) 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 Agent or any Bank) after the relevant Drawdown Notice 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 its Contribution or, as the case may be, its Commitment (Loan or any part thereof) thereof or in liquidating or re-employing deposits from third parties acquired to effect or maintain its Contribution or, as the case may be, its Commitment (Loan or any part thereof) or any other amount owing to such Creditor.
Appears in 2 contracts
Samples: Supplemental Agreement (Top Ships Inc.), Facilities Agreement (Top Tankers Inc.)
Miscellaneous indemnities. The Borrowers shall on demand indemnify each Creditorthe Bank, without prejudice to any of such Creditor's the Bank’s other rights under any of the Security Documents, against any loss (including loss of Margin) or expense which such Creditor 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(a) 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 for such 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 by the relevant Creditor in maintaining or funding its Contribution or, as the case may be, its Commitment (Loan or any part thereof) 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 its Contribution or, as the case may be, its Commitment (Loan or any part thereof) thereof or any other amount owing to such Creditorloan 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 each Creditor, without prejudice to any of such Creditor's ’s other rights under any of the Security Documents, against any loss (including loss of Margin) or expense which such Creditor shall certify as sustained or incurred by it as a consequence of:
11.1.1 any default in payment 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(a) 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 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 its Contribution or, as the case may be, its Commitment (or any part thereof) or in liquidating or re-employing deposits from third parties acquired to effect or maintain 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
Miscellaneous indemnities. The Borrowers Borrower shall on demand indemnify each Creditorthe Bank, without prejudice to any of such Creditor's the Bank’s other rights under any of the Security Documents, against any loss (including loss of Margin) or expense which such Creditor the Bank shall certify as sustained or incurred by it as a consequence of:
11.1.1 any default in payment 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, 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 Agent or any Bank) after the Drawdown Notice 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 relevant Creditor Bank in maintaining or funding 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 its Contribution or, as the case may be, its Commitment (or any part thereof) thereof or any other amount owing to such Creditorthe Bank.
Appears in 1 contract
Samples: Facility Agreement (Freeseas Inc.)
Miscellaneous indemnities. The Borrowers shall on demand indemnify each Creditor, without prejudice to any of such Creditor's ’s other rights under any of the Security Documents, against any loss (including loss of Margin) or expense which such Creditor shall certify as sustained or incurred by it as a consequence of:
11.1.1 any default in payment by 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(a) 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 Agent or any BankCreditor) after the Drawdown Notice 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 a Bank in maintaining or funding 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 its Contribution or, as the case may be, its Commitment (or any part thereof) thereof or any other amount owing to such CreditorBank, 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 Borrower shall on demand indemnify each Creditorthe Bank, without prejudice to any of such Creditorthe Bank's other rights under any of the Security Documents, against any loss (including loss of Margin) or expense which such Creditor the Bank shall certify as sustained or incurred by it as a consequence of:
11.1.1 any default in payment 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, 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 Agent or any Bank) after the Drawdown Notice 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 relevant Creditor Bank in maintaining or funding 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 its Contribution or, as the case may be, its Commitment (or any part thereof) thereof or any other amount owing to such Creditorthe Bank.
Appears in 1 contract
Miscellaneous indemnities. The Borrowers Borrower shall on demand indemnify each CreditorBank, each Arranger, the Security Trustee and the Agent, without prejudice to any of such Creditor'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 Creditor Bank, such Arranger, the 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 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(a) 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 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 such Bank in maintaining or funding its Contribution or, as the case may be, its Commitment (or any part thereof) thereof or in liquidating or re-employing reemploying deposits from third parties acquired or contracted for to effect or maintain fund its Contribution or, as the case may be, its Commitment (or any part thereof) thereof or any other amount owing to such CreditorBank.
Appears in 1 contract
Miscellaneous indemnities. The Borrowers shall on demand indemnify each Creditor, without prejudice to any of such Creditor's other rights under any of the Security Documents, against any loss (including loss of Margin) or expense which such Creditor shall certify as sustained or incurred by it as a consequence of:
11.1.1 any default in payment 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(a) 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 Agent or any BankCreditor) after the Drawdown Notice 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 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 its Contribution or, as the case may be, its Commitment (or any part thereof) thereof 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 each Creditor, without prejudice to any of such Creditor's the Creditors' other rights under any of the Security Documents, against any loss (including loss of Margin) or expense which such Creditor shall certify as sustained or incurred by it as a consequence of:
11.1.1 any default in payment by the 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(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 BankCreditor) after the Drawdown Notice 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 a Bank in maintaining or funding 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 its Contribution or, as the case may be, its Commitment (or any part thereof) thereof or any other amount owing to such CreditorBank, 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 shall on demand indemnify each Creditor, without prejudice to any of such Creditor's other rights under any of the Security Documents, against any loss (including loss of Margin) or expense which such Creditor shall certify as sustained or incurred by it as a consequence of:
11.1.1 any default in payment by 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(a) 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 Agent or any BankCreditor) after the Drawdown Notice 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 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 its Contribution or, as the case may be, its 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 Borrower shall on demand indemnify each CreditorLender, the Agent and the Security Trustee, without prejudice to any of such Creditor'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 Creditor Lender, the 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 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(a) 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 Agent or any Bankfault of the Lenders) after the relevant Drawdown Notice 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 any Lender in maintaining or funding 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 or contracted for to fund, effect or maintain its Contribution or, as the case may be, its Commitment (all or any part thereof) of its Contribution or any other amount owing arising to such CreditorLender.
Appears in 1 contract
Miscellaneous indemnities. The Borrowers shall on demand indemnify each Creditor, without prejudice to any of such Creditor's other rights under any of the Security Documents, against any loss (including loss of Margin) or expense which 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(a8.
(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 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 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 its Contribution or, as the case may be, its Commitment (or any part thereof) thereof or any other amount owing to such Creditor.
Appears in 1 contract
Miscellaneous indemnities. The Borrowers Borrower shall on demand indemnify each Creditorthe Bank, without prejudice to any of such Creditor's the Bank’s other rights under any of the Security Documents, against any loss (including loss of Margin) or expense which such Creditor the Bank shall certify as sustained or incurred by it as a consequence of:
11.1.1 any default in payment 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, 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 Agent or any Bank) after the Drawdown Notice 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 relevant Creditor Bank in maintaining or funding 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 its Contribution or, as the case may be, its Commitment (or any part thereof) thereof or any other amount owing to such Creditorthe Bank.
Appears in 1 contract
Samples: Facility Agreement (FreeSeas Inc.)
Miscellaneous indemnities. The Borrowers shall on demand indemnify each Creditor, without prejudice to any of such Creditor's the Creditors' other rights under any of the Security Documents, against any loss (including loss of Margin) or expense which such Creditor shall certify as sustained or incurred by it as a consequence of:
11.1.1 any default in payment by 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(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 Agent or any BankCreditor) after the Drawdown Notice 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 a Bank in maintaining or funding 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 its Contribution or, as the case may be, its Commitment (or any part thereof) thereof or any other amount owing to such CreditorBank, 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
Miscellaneous indemnities. The Borrowers shall on demand indemnify each Creditorthe Bank, without prejudice to any of such Creditor's the Bank’s other rights under any of the Security Documents, against any loss (including loss of Margin) or expense which such Creditor 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(a) 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 Agent or any Bank) after the relevant Drawdown Notice 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 its Contribution or, as the case may be, its Commitment (Loan or any part thereof) thereof or in liquidating or re-employing deposits from third parties acquired to effect or maintain its Contribution or, as the case may be, its Commitment (Loan or any part thereof) or any other amount owing to such Creditor.
Appears in 1 contract
Samples: Loan Agreement (Top Tankers Inc.)
Miscellaneous indemnities. The Borrowers shall on demand indemnify each Creditor, without prejudice to any of such Creditor's ’s other rights under any of the Security Documents, against any loss (including loss of Margin) or expense which 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 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(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 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 its Contribution or, as the case may be, its Commitment (or any part thereof) or in liquidating or re-employing deposits from third parties acquired to effect or maintain 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 Borrower shall on demand indemnify each CreditorFinance Party, without prejudice to any of such Creditor's their other rights under any of the Security DocumentsDocuments or the Master Swap Agreements, against any loss (including loss of Margin) or expense which such Creditor the Finance Parties shall certify as sustained or incurred by it as a consequence of:
11.1.1 any default in payment by the 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 4.2, 8.2.1(a) 4.5, 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 Agent or any Bank) after the Drawdown Notice for such Advance 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 any Bank in maintaining or funding 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 its Contribution or, as the case may be, its Commitment (or any part thereof) thereof or any other amount owing to such CreditorBank Provided always that no such indemnity shall be payable in the case where such loss or expenses sustained or incurred has arisen as a result of the gross negligence or wilful misconduct of the Finance Parties.
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Miscellaneous indemnities. The Borrowers Borrower shall on demand indemnify each Creditor, without prejudice to any of such Creditor's the Creditors’ other rights under any of the Security Documents, against any loss (including loss of Margin) or expense which such Creditor shall certify as sustained or incurred by it as a consequence of:
11.1.1 any default in payment by the 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(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 BankCreditor) after the Drawdown Notice 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 a Bank in maintaining or funding 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 its Contribution or, as the case may be, its Commitment (or any part thereof) thereof or any other amount owing to such CreditorBank, or in terminating or reversing, or otherwise in connection with, any open position of a Bank in relation to this Agreement.
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Samples: Loan Agreement (DryShips Inc.)
Miscellaneous indemnities. The Borrowers shall on demand indemnify each Creditor, without prejudice to any of such Creditor's other rights under any of the Security Documents, against any loss (including loss of Margin) or expense which 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 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(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 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 its Contribution or, as the case may be, its Commitment (or any part thereof) or in liquidating or re-employing deposits from third parties acquired to effect or maintain its Contribution or, as the case may be, its Commitment (or any part thereof) or any other amount owing to such Creditor.
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Miscellaneous indemnities. The Borrowers shall on demand indemnify each Creditor, without prejudice to any of such Creditor's ’s other rights under any of the Security Documents, against any loss (including loss of Margin) or expense which such Creditor shall certify as sustained or incurred by it as a consequence of:
11.1.1 any default in payment 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(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 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 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 its Contribution or, as the case may be, its Commitment (or any part thereof) thereof or any other amount owing to such Creditor.
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Miscellaneous indemnities. 11.1.1 The Borrowers shall on demand indemnify each Creditor, without prejudice to any of such Creditor's ’s other rights under any of the Security Documents, against any loss (including loss of Margin) or expense which such Creditor shall certify as sustained or incurred by it as a consequence of:
11.1.1 11.1.2 any default in payment 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(a) 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 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 its Contribution or, as the case may be, its Commitment (or any part thereof) or in liquidating or re-employing deposits from third parties acquired to effect or maintain its Contribution or, as the case may be, its Commitment (or any part thereof) ), or any other amount owing to such Creditor.
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Miscellaneous indemnities. The Borrowers shall on demand indemnify each Creditor, without prejudice to any of such Creditor's ’s other rights under any of the Security Documents, against any loss (including loss of Margin) or expense which such Creditor shall certify as sustained or incurred by it as a consequence of:
11.1.1 any default in payment 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, 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 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 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 its Contribution or, as the case may be, its Commitment (or any part thereof) thereof or any other amount owing to such Creditor.
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