Miscellaneous indemnities. The 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 (excluding loss of Margin) or expense which the Bank shall certify as sustained or incurred by it as a consequence of: 12.1.1 any default in payment by the Borrower of any sum under any of the Security Documents when due; 12.1.2 the occurrence of any other Event of Default; 12.1.3 any prepayment of the Loan or part thereof being made under clause 5.2, 5.3, 9.2.1 or 13.1, or any other repayment of the Loan or part thereof being made otherwise than on an Interest Payment Date relating to the part of the Loan prepaid or repaid; or 12.1.4 the Loan not being made for any reason (excluding any default by the Bank) after the Drawdown Notice has been given, including, in any such case, but not limited to, any loss or expense sustained or incurred in maintaining or funding the Loan or any part thereof or in liquidating or re-employing deposits from third parties acquired to effect or maintain the Loan or any part thereof.
Appears in 2 contracts
Samples: Loan Agreement (Safe Bulkers, Inc.), Loan Agreement (Safe Bulkers, Inc.)
Miscellaneous indemnities. The 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 (excluding including loss of Margin) or expense which the Bank shall certify as sustained or incurred by it as a consequence of:
12.1.1 11.1.1 any default in payment by the Borrower of any sum under any of the Security Documents when due;
12.1.2 11.1.2 the occurrence of any other Event of Default;
12.1.3 11.1.3 any prepayment of the Loan (or any part thereof thereof) being made under clause 5.2clauses 4.2, 5.34.3, 9.2.1 8.2.1(a) or 13.1, 12.1 or any other prepayment or repayment of the Loan (or part thereof thereof) being made otherwise than on an Interest Payment Date relating to the part of the Loan being prepaid or repaid; or
12.1.4 11.1.4 the Loan not being made for any reason (excluding any default by the Bank) after the Drawdown Notice 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 the Loan Commitment or any part thereof or in liquidating or re-employing deposits from third parties acquired to effect or maintain the Loan 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 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 (excluding including loss of Margin) or expense which the Bank shall certify as sustained or incurred by it as a consequence of:
12.1.1 11.1.1 any default in payment by the Borrower of any sum under any of the Security Documents when due;
12.1.2 11.1.2 the occurrence of any other Event of Default;
12.1.3 11.1.3 any prepayment of the Loan or part thereof being made under clause 5.24.5, 5.3, 9.2.1 8.2.1 or 13.112.1, or any other repayment of the Loan or part thereof being made otherwise than on an Interest Payment Date relating to the part of the Loan prepaid or repaid; or
12.1.4 11.1.4 the Loan not being made for any reason (excluding any default by the Bank) after the Drawdown Notice has been given, including, in any such case, but not limited to, any loss or expense sustained or incurred in maintaining or funding the Loan or any part thereof or in liquidating or re-employing deposits from third parties acquired to effect or maintain the Loan or any part thereof.
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Miscellaneous indemnities. The Borrower 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 (excluding including loss of Margin) or expense which the Bank shall certify as sustained or incurred by it as a consequence of:
12.1.1 11.1.1 any default in payment by the Borrower of any sum under any of the Security Documents when due;
12.1.2 11.1.2 the occurrence of any other Event of Default;
12.1.3 11.1.3 any prepayment of the Loan or part thereof being made under clause 5.2clauses 4.3, 5.34.4, 9.2.1 8.2.1(a), or 13.112.1, or any other repayment or prepayment of the Loan or part thereof being made otherwise than on an Interest Payment Date relating to the part of the Loan prepaid or repaid; or
12.1.4 the 11.1.4 any Loan not being made for any reason (excluding any default by the 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 Bank in maintaining or funding the Loan or, as the case may be, the Commitment or any part thereof or in liquidating or re-employing deposits from third parties acquired to effect or maintain the Loan or any part thereofthereof or any other amount owing to the Bank.
Appears in 1 contract
Miscellaneous indemnities. The Borrower shall on demand indemnify the Bank, without prejudice to any of the Bank’s 's other rights under any of the Security Documents, Documents against any loss (excluding including loss of Margin) or expense which the Bank shall certify as sustained or incurred by it as a consequence of:
12.1.1 11.1.1 any default in payment by the Borrower of any sum under any of the Security Documents when due;; or
12.1.2 11.1.2 the occurrence of any other Event of Default;; or
12.1.3 11.1.3 any prepayment of the Loan or part thereof being made under clause 5.2clauses 4.3, 5.3, 9.2.1 8.3.1(a) or 13.112.1, or any other repayment or prepayment of the Loan or part thereof being made otherwise than on an Interest Payment Date relating to the part of the Loan prepaid or repaid; or
12.1.4 11.1.4 the Loan not being made for any reason (excluding any default by the Bank) after the Drawdown Notice for the Loan has been given, including, in any such case, but not limited to, any loss or expense sustained or incurred in maintaining or funding the Loan or any part thereof or in liquidating or re-employing deposits from third parties acquired to effect or maintain the Loan or any part thereof.
Appears in 1 contract
Samples: Loan Agreement (DryShips Inc.)
Miscellaneous indemnities. The Borrower shall on demand indemnify the Bankeach Finance Party, without prejudice to any of the Bank’s their other rights under any of the Security Documents, against any loss (excluding including loss of Margin) or expense which the Bank Finance Parties shall certify as sustained or incurred by it as a consequence of:
12.1.1 11.1.1 any default in payment by the Borrower of any sum under any of the Security Documents when due;
12.1.2 11.1.2 the occurrence of any other Event of Default;
12.1.3 11.1.3 any prepayment of the Loan or part thereof being made under clause 5.24.3, 5.34.5, 9.2.1 8.2.1 or 13.112.1, or any other repayment of the Loan or part thereof being made otherwise than on an Interest Payment Date relating to the part of the Loan prepaid or repaid; or
12.1.4 the Loan 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 has been given, including, in any such case, but not limited to, any loss or expense sustained or incurred by any Bank in maintaining or funding the Loan its Contribution or any part thereof or in liquidating or re-employing deposits from third parties acquired to effect or maintain the Loan its Contribution or any part thereofthereof or any other amount owing to such Bank 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.
Appears in 1 contract
Samples: Facilities Agreement (Aries Maritime Transport LTD)
Miscellaneous indemnities. The 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 (excluding loss of Margin) or expense which the Bank shall certify as sustained or incurred by it as a consequence of:
12.1.1 any default in payment by the Borrower of any sum under any of the Security Documents documents when due;
12.1.2 the occurrence of any other Event of Default;
12.1.3 any prepayment of the Loan or part thereof being made under clause 5.2, clauses 5.3, 9.2.1 9.2 or 13.1, or any other repayment or prepayment of the Loan or part thereof being made otherwise than on an Interest Payment Date relating to the part of the Loan prepaid or repaid; or
12.1.4 the Loan or part thereof not being made for any reason (excluding any default by the Bank) after the Drawdown Notice has been given, including, in any such case, but not limited to, any loss or expense sustained or incurred in maintaining or funding the Loan or any part thereof or in liquidating or re-employing deposits from third parties acquired to effect or maintain the Loan or any part thereof.
Appears in 1 contract
Samples: Loan Agreement (Safe Bulkers, Inc.)
Miscellaneous indemnities. The Borrower shall on demand indemnify the Bank, without prejudice to any of the Bank’s other rights under any of the Security Documents, Documents against any loss (excluding including loss of Margin) or expense which the Bank shall certify as sustained or incurred by it as a consequence of:
12.1.1 11.1.1 any default in payment by the Borrower of any sum under any of the Security Documents when due;; or
12.1.2 11.1.2 the occurrence of any other Event of Default;; or
12.1.3 11.1.3 any prepayment of the Loan or part thereof being made under clause 5.2clauses 4.3, 5.38.3.1(a), 9.2.1 8.4 or 13.112.1, or any other repayment or prepayment of the Loan or part thereof being made otherwise than on an Interest Payment Date relating to the part of the Loan prepaid or repaid; or
12.1.4 11.1.4 the Loan not being made for any reason (excluding any default by the Bank) after the Drawdown Notice for the Loan has been given, including, in any such case, but not limited to, any loss or expense sustained or incurred in maintaining or funding the Loan or any part thereof or in liquidating or re-employing deposits from third parties acquired to effect or maintain the Loan or any part thereof.
Appears in 1 contract
Miscellaneous indemnities. The 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 (excluding loss of Margin) or expense which the Bank shall certify as sustained or incurred by it as a consequence of:
12.1.1 any default in payment by the Borrower of any sum under any of the Security Documents when due;
12.1.2 the occurrence of any other Event of Default;
12.1.3 any prepayment of the Loan or part thereof being made under clause clauses 5.2, 5.3, 9.2.1 or 13.1, or any other repayment or prepayment of the Loan or part thereof being made otherwise than on an Interest Payment Date relating to the part of the Loan prepaid or repaid; or
12.1.4 the Loan or part thereof not being made for any reason (excluding any default by the Bank) after the Drawdown Notice has been given, including, in any such case, but not limited to, any loss or expense sustained or incurred in maintaining or funding the Loan or any part thereof or in liquidating or re-employing deposits from third parties acquired to effect or maintain the Loan or any part thereof.
Appears in 1 contract
Samples: Loan Agreement (Safe Bulkers, Inc.)
Miscellaneous indemnities. The 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 (excluding loss of Margin) or expense which the Bank shall certify as sustained or incurred by it as a consequence of:
12.1.1 any default in payment by the Borrower of any sum under any of the Security Documents when due;
12.1.2 the occurrence of any other Event of Default;
12.1.3 any prepayment of the Loan or part thereof being made under clause clauses 5.2, 5.3, 9.2.1 or 13.1, or any other repayment or prepayment of the Loan or part thereof being made otherwise than on an Interest Payment Date relating to the part of the Loan prepaid or repaid; or
12.1.4 the Loan or part thereof not being made for any reason (excluding any default by the Bank) after the Drawdown Notice has been given, including, in any such case, but not limited to, any loss or expense sustained or incurred in maintaining or funding the Loan or any part thereof or in liquidating or re-employing deposits from third parties acquired to effect or maintain the Loan or any part thereof.
Appears in 1 contract
Samples: Loan Agreement (Safe Bulkers, Inc.)
Miscellaneous indemnities. The Borrower shall on demand indemnify the Bank, without prejudice to any of the Bank’s 's other rights under any of the Security Documents, Documents against any loss (excluding including loss of Margin) or expense which the Bank shall certify as sustained or incurred by it as a consequence of:
12.1.1 11.1.1 any default in payment by the Borrower of any sum under any of the Security Documents when due;; or
12.1.2 11.1.2 the occurrence of any other Event of Default;; or
12.1.3 11.1.3 any prepayment of the Loan or part thereof being made under clause 5.2clauses 4.3, 5.38.3.1(a), 9.2.1 8.4 or 13.112.1, or any other repayment or prepayment of the Loan or part thereof being made otherwise than on an Interest Payment Date relating to the part of the Loan prepaid or repaid; or
12.1.4 11.1.4 the Loan not being made for any reason (excluding any default by the Bank) after the Drawdown Notice for the Loan has been given, including, in any such case, but not limited to, any loss or expense sustained or incurred in maintaining or funding the Loan or any part thereof or in liquidating or re-employing deposits from third parties acquired to effect or maintain the Loan or any part thereof.
Appears in 1 contract
Miscellaneous indemnities. The 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 (excluding loss of Margin) or expense which the Bank shall certify as sustained or incurred by it as a consequence of:
12.1.1 any default in payment by the Borrower of any sum under any of the Security Documents when due;
12.1.2 the occurrence of any other Event of Default;
12.1.3 any prepayment of the Loan or part thereof being made under clause 5.2, clauses 5.3, 9.2.1 9.2 or 13.1, or any other repayment or prepayment of the Loan or part thereof being made otherwise than on an Interest Payment Date relating to the part of the Loan prepaid or repaid; or
12.1.4 the Loan or part thereof not being made for any reason (excluding any default by the Bank) after the Drawdown Notice has been given, including, in any such case, but not limited to, any loss or expense sustained or incurred in maintaining or funding the Loan or any part thereof or in liquidating or re-employing deposits from third parties acquired to effect or maintain the Loan or any part thereof.
Appears in 1 contract
Samples: Loan Agreement (Safe Bulkers, Inc.)