Most Favoured Nation Clause. The Guarantor undertakes to procure that, (i) during the Waiver Period in respect of items listed in sub-paragraphs (b), (d) and (f) and (ii) throughout the duration of the Security Period in respect of items listed in sub-paragraphs (a), (c) and (e), the Creditor Parties shall receive no less favourable treatment under this Agreement than that provided or to be provided under any Group Facility Agreement or under the Senior Facility Agreement (by way of amendment or supplement to, or refinancing of, that Group facility Agreement or, as the case may be, the Senior Facility Agreement) in relation to: (a) any amendment to a maturity date under any such Group Facility Agreement or, as the case may be, the Senior Facility Agreement as a result of which the maturity date will fall before 31 December 2020; (b) the existence of any amortization principal payment profile/schedule until 31 December 2019 (inclusive); (c) the provisions relevant to the calculation of the Excess Cash Flow and generally the cash sweep mechanism; (d) the waiver of the security cover ratio at the Borrowers’ level; (e) the financial covenants relevant to the Value Adjusted Leverage Ratio, Book Leverage Ratio and minimum Net Worth of the Guarantor; and (f) any increase to the aggregate of any amounts to be paid in respect of interest solely related to margin (howsoever defined) for the duration of the Waiver Period (calculated as at the date of that Group Facility Agreement or. as the case may be. the Senior Facility Agreement). Accordingly, should any member of the Group or the Guarantor provide to any other creditor more favourable treatment in relation to (a) to (f) above (and, in relation to subparagraphs (b), (d) and (f) for the duration of the Waiver Period) than those which the Creditor Parties have been provided with under this Agreement or any other Finance Document, each Borrower and the Guarantor shall promptly advise the Agent of those arrangements and covenants and shall, upon the Agent’s request, enter into such documentation supplemental to the Finance Documents as the Lenders may require in order to achieve parity with the creditors under such relevant Group Facility Agreement or, as the case may be. the Senior Facility Agreement.
Appears in 1 contract
Samples: Amending and Restating Deed (Global Ship Lease, Inc.)
Most Favoured Nation Clause. The Guarantor Each Borrower undertakes to procure that, (i) during the Waiver Period in respect of items listed in sub-paragraphs (b), (d) and (f) and (ii) throughout the duration of the Security Period in respect of items listed in sub-paragraphs (a), (c) and (e), the Creditor Parties shall receive no less favourable treatment under this Agreement than that provided or to be provided under any Group Facility Agreement or under the Senior Facility Agreement (by way of amendment or supplement to, or refinancing of, that Group facility Agreement or, as the case may be, the Senior Facility Agreement) in relation to:
(a) any amendment to a maturity date under any such Group Facility Agreement or, as the case may be, or under the Senior Facility Agreement as a result of which the maturity date will fall before 31 December 2020;
(b) the existence of any amortization principal payment profile/schedule until 31 December 2019 (inclusive);
(c) the provisions relevant to the calculation of the Excess Cash Flow and generally the cash sweep mechanism;
(d) the waiver of the security cover ratio at the Borrowers’ level;
(e) the financial covenants relevant to the Value Adjusted Leverage Ratio, Book Leverage Ratio and minimum Net Worth of the Corporate Guarantor; and
(f) any increase to the aggregate of any amounts to be paid in respect of interest solely related to margin (howsoever defined) for the duration of the Waiver Period (calculated as at the date of that Group Facility Agreement or. , as the case context may be. require, the Senior Facility Agreement). Accordingly, should any member of the Group or the Corporate Guarantor provide to any other creditor more favourable treatment in relation to (a) to (f) above (and, in relation to subparagraphs (b), (d) and (f) for the duration of the Waiver Period) than those which the Creditor Parties have been provided with under this Agreement or any other Finance Document, each Borrower and the Guarantor shall promptly advise the Agent of those arrangements and covenants and shall, upon the Agent’s request, enter into such documentation supplemental to the Finance Documents as the Lenders may require in order to achieve parity with the creditors under such relevant Group Facility Agreement or.or, as the case context may be. require, the Senior Facility Agreement.
Appears in 1 contract
Samples: Amending and Restating Deed (Global Ship Lease, Inc.)
Most Favoured Nation Clause. The Guarantor undertakes to procure that, (i) during the Waiver Period in respect of items listed in sub-paragraphs (b), (d) and (f) and (ii) throughout the duration of the Security Period in respect of items listed in sub-paragraphs (a), (c) and (e), the Creditor Parties shall receive no less favourable treatment under this Agreement than that provided or to be provided under any Group Facility Agreement or under the Senior Facility Agreement (by way of amendment or supplement to, or refinancing of, that Group facility Agreement or, as the case may be, the Senior Facility Facility-Agreement) in relation to:
(a) any amendment to a maturity date under any such Group Facility Agreement or, as the case may be, the Senior Facility Agreement as a result of which the maturity date will fall before 31 December 2020;
(b) the existence of any amortization principal payment profile/schedule until 31 December 2019 (inclusive);
(c) the provisions relevant to the calculation of the Excess Cash Flow and generally the cash sweep mechanism;
(d) the waiver of the security cover ratio at the Borrowers’ level;
(e) the financial covenants relevant to the Value Adjusted Leverage Ratio, Book Leverage Ratio and minimum Net Worth of the Guarantor; and
(f) any increase to the aggregate of any amounts to be paid in respect of interest solely related to margin (howsoever defined) for the duration of the Waiver Period (calculated as at the date of that Group Facility Agreement or. , as the case may be. , the Senior Facility Agreement). Accordingly, should any member of the Group or the Guarantor provide to any other creditor more favourable treatment in relation to (a) to (f) above (and, in relation to subparagraphs (b), (d) and (f) for the duration of the Waiver Period) than those which the Creditor Parties have been provided with under this Agreement or any other Finance Document, each Borrower and the Guarantor shall promptly advise the Agent of those arrangements and covenants and shall, upon the Agent’s request, enter into such documentation supplemental to the Finance Documents as the Lenders may require in order to achieve parity with the creditors under such relevant Group Facility Agreement or, as the case may be. , the Senior Facility Agreement.
Appears in 1 contract
Samples: Second Amending and Restating Deed (Global Ship Lease, Inc.)
Most Favoured Nation Clause. The Guarantor Each Borrower undertakes to procure that, (i) during the Waiver Period in respect of items listed in sub-paragraphs (b), (d) and (f) and f)and (ii) throughout the duration of the Security Period in respect of items listed in sub-paragraphs (a), (c) and (e), the Creditor Parties shall receive no less favourable treatment under this Agreement than that provided or to be provided under any Group Facility Agreement or under the Senior Facility Agreement (by way of amendment or supplement to, or refinancing of, that Group facility Agreement or, as the case may be, the Senior Facility Agreement) in relation to:
(a) any amendment to a maturity date under any such Group Facility Agreement or, as the case may be, or under the Senior Facility Agreement as a result of which the maturity date will fall before 31 December 2020;
(b) the existence of any amortization principal payment profile/schedule until 31 December 2019 (inclusive);
(c) the provisions relevant to the calculation of the Excess Cash Flow and generally the cash sweep mechanism;
(d) the waiver of the security cover ratio at the Borrowers’ level;
(e) the financial covenants relevant to the Value Adjusted Leverage Ratio, Book Leverage Ratio and minimum Net Worth of the Corporate Guarantor; and
(f) any increase to the aggregate of any amounts to be paid in respect of interest solely related to margin (howsoever defined) for the duration of the Waiver Period (calculated as at the date of that Group Facility Agreement or. , as the case context may be. require, the Senior Facility Agreement). Accordingly, should any member of the Group or the Corporate Guarantor provide to any other creditor more favourable treatment in relation to (a) to (f) above (and, in relation to subparagraphs (b), (d) and (f) for the duration of the Waiver Period) than those which the Creditor Parties have been provided with under this Agreement or any other Finance Document, each Borrower and the Guarantor shall promptly advise the Agent of those arrangements and covenants and shall, upon the Agent’s request, enter into such documentation supplemental to the Finance Documents as the Lenders may require in order to achieve parity with the creditors under such relevant Group Facility Agreement or, as the case context may be. require, the Senior Facility Agreement.
Appears in 1 contract
Samples: Second Amending and Restating Deed (Global Ship Lease, Inc.)
Most Favoured Nation Clause. The Guarantor Each Borrower undertakes to procure that, (i) during the Waiver Period in respect of items listed in sub-paragraphs (b), (d) and (f) and (ii) throughout the duration of the Security Period in respect of items listed in sub-paragraphs (a), (c) and (e), the Creditor Parties shall receive no less favourable treatment under this Agreement than that provided or to be provided under any Group Facility Agreement or under the Senior Facility Agreement (by way of amendment or supplement to, or refinancing of, that Group facility Agreement or, as the case may be, the Senior Facility Agreement) in relation to:
(a) any amendment to a maturity date under any such Group Facility Agreement or, as the case may be, the Senior Facility Agreement as a result of which the maturity date will fall before 31 December 2020;
(b) the existence of any amortization principal payment profile/schedule until 31 December 2019 (inclusive);
(c) the provisions relevant to the calculation of the Excess Cash Flow and generally the cash sweep mechanism;
(d) the waiver of the security cover ratio at the Borrowers’ level;
(e) the financial covenants relevant to the Value Adjusted Leverage Ratio, Book Leverage Ratio and minimum Net Worth of the Corporate Guarantor; and
(f) any increase to the aggregate of any amounts to be paid in respect of interest solely related to margin (howsoever defined) for the duration of the Waiver Period (calculated as at the date of that Group Facility Agreement or. as the case may be. the Senior Facility Agreement). Accordingly, should any member of the Group or the Corporate Guarantor provide to any other creditor more favourable treatment in relation to (a) to (f) above (and, in relation to subparagraphs (b), (d) and (f) for the duration of the Waiver Period) than those which the Creditor Parties have been provided with under this Agreement or any other Finance Document, each Borrower and the Guarantor shall promptly advise the Agent of those arrangements and covenants and shall, upon the Agent’s request, enter into such documentation supplemental to the Finance Documents as the Lenders may require in order to achieve parity with the creditors under such relevant Group Facility Agreement or, as the case may be. the Senior Facility Agreement.
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