Common use of Negative undertakings Clause in Contracts

Negative undertakings. The Borrowers jointly and severally undertake with each Creditor that, from the date of this Agreement and so long as any moneys are owing under the Security Documents and while all or any part of the Total Commitment remains outstanding, they will not, without the prior written consent of the Agent (acting on the instructions of the Majority Banks): 8.3.1 Negative pledge permit any Encumbrance (other than a Permitted Encumbrance) to subsist, arise or be created or extended over all or any part of their respective present or future undertakings, assets, rights or revenues to secure or prefer any present or future Indebtedness or other liability or obligation of any Relevant Party or any other person;

Appears in 5 contracts

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

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Negative undertakings. The Borrowers jointly and severally undertake with each Creditor that, from the date of this Agreement and so long as any moneys are owing under throughout the Security Documents Period and while all or any part of the Total Commitment remains outstanding, they will not, without the prior written consent of the Agent (acting on the instructions of the Majority Banks) (such consent not to be unreasonably withheld in the case of clause 8.3.15): 8.3.1 Negative pledge permit any Encumbrance (other than a Permitted Encumbrance) to subsist, arise or be created or extended over all or any part of their respective present or future undertakings, assets, rights or revenues to secure or prefer any present or future Indebtedness or other liability or obligation of any Relevant Party or any other person;

Appears in 5 contracts

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

Negative undertakings. The Borrowers jointly and severally undertake with each Creditor that, from the date of this Agreement and so long as any moneys are owing under the Security Documents and while all or any part of the Total Commitment remains outstanding, they will not, without the prior written consent of the Agent (acting on the instructions of the Majority Banks): 8.3.1 Negative pledge permit any Encumbrance (other than a Permitted Encumbrance) to subsist, arise or be created or extended over all or any part of their respective present or future undertakings, assets, rights or revenues to secure or prefer any present or future Indebtedness or other liability or obligation of any Relevant Party or any other person; 8.3.2 No merger merge or consolidate with any other person;

Appears in 4 contracts

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

Negative undertakings. The Borrowers jointly and severally undertake Borrower undertakes with each Creditor the Bank that, from the date of this Agreement and so long as any moneys are owing under the Security Documents and while all or any part of the Total Commitment remains outstanding, they the Borrower will not, without the prior written consent of the Agent (acting on the instructions of the Majority Banks):: 8.3.1 Negative pledge permit any Encumbrance (other than a Permitted Encumbrance) to subsist, arise or be created or extended over all or any part of their respective its present or future undertakingsundertaking, assets, rights or revenues to secure or prefer any present or future Indebtedness or other liability or obligation of any Relevant Party of the Security Parties or any other person;

Appears in 2 contracts

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

Negative undertakings. The Borrowers jointly and severally undertake Borrower undertakes with each Creditor that, from the date of this Agreement and so long as any moneys are owing under the Security Documents and while all or any part of the Total Commitment remains outstanding, they it will not, without the prior written consent of the Agent (acting on the instructions of the Majority Banks): 8.3.1 Negative pledge permit any Encumbrance (other than a Permitted Encumbrance) to subsist, arise or be created or extended over all or any part of their respective its present or future undertakingsundertaking, assets, rights or revenues to secure or prefer any present or future Indebtedness or other liability or obligation of any Relevant Security Party or any other person;

Appears in 2 contracts

Samples: Loan Agreement (Diana Shipping Inc.), Loan Agreement (DryShips Inc.)

Negative undertakings. The Borrowers jointly and severally undertake Borrower undertakes with each Creditor the Bank that, from the date of this Agreement and so long as any moneys are owing under the Security Documents and while all or any part of the Total Commitment remains outstanding, they the Borrower will not, without the prior written consent of the Agent (acting on the instructions of the Majority Banks):: 8.3.1 Negative pledge permit any Encumbrance (other than a Permitted Encumbrance) to subsist, arise or be created or extended over all or any part of their respective its present or future undertakingsundertaking, assetsassets (including without limitation the shares of the Owners), rights or revenues to secure or prefer any present or future Indebtedness or other liability or obligation of any Relevant Party of the Security Parties or any other person;

Appears in 2 contracts

Samples: Facility Agreement (Freeseas Inc.), Supplemental Agreement (FreeSeas Inc.)

Negative undertakings. The Borrowers jointly and severally undertake with each Creditor that, from the date of this Agreement and so long as any moneys are owing under the Security Documents and while all or any part of the Total Commitment remains outstanding, they the Borrowers will not, without the prior written consent of the Agent (acting on the instructions of the Majority Banks):Agent: 8.3.1 Negative pledge permit any Encumbrance (other than a Permitted Encumbrance) to subsist, arise or be created or extended over all or any part of their respective present or future undertakings, assets, rights or revenues to secure or prefer any present or future Indebtedness or other liability or obligation of any Relevant Security Party or any other person;

Appears in 1 contract

Samples: Loan Agreement (Poseidon Containers Holdings Corp.)

Negative undertakings. The Borrowers jointly and severally undertake with each Creditor that, from the date of this Agreement and so long as any moneys are owing under the Security Documents and while all or any part of the Total Commitment remains outstanding, they will not, without the prior written consent of the Agent (acting on the instructions of the Majority Banks): 8.3.1 Negative pledge permit any Encumbrance (other than a Permitted Encumbrance) to subsist, arise or be created or extended over all or any part of their respective present or future undertakings, assets, rights or revenues to secure or prefer any present or future Indebtedness or other liability or obligation of any Relevant Party or any other person;

Appears in 1 contract

Samples: Loan Agreement (Euronav NV)

Negative undertakings. The Borrowers jointly and severally undertake 13.3.1 Each Borrower undertakes with each Creditor Finance Party that, from the date of this Agreement and so long as any moneys are owing under the Security Finance Documents and while all or any part of the Total Commitment remains outstandingavailable, they will notno Borrower, will, without the prior written consent of the Facility Agent (acting on the instructions of the Majority BanksLenders): 8.3.1 (a) Negative pledge pledge: permit any Encumbrance (other than a Permitted Encumbrance) to subsist, arise or be created or extended over all or any part of their respective its present or future undertakingsundertaking, assets, rights or revenues to secure or prefer any present or future Indebtedness or other liability or obligation of any Relevant Party Borrower or any other person;

Appears in 1 contract

Samples: On Delivery Buyer Credit Facility Agreement (DryShips Inc.)

Negative undertakings. The Borrowers jointly and severally undertake with each Creditor that, from the date of this Agreement and so long as any moneys are owing under the Security Documents and while all or any part of the Total Commitment remains outstanding, they the Borrowers will not, without the prior written consent of the Agent (acting on the instructions of the Majority Banks): 8.3.1 Negative pledge permit any Encumbrance (other than a Permitted Encumbrance) to subsist, arise or be created or extended over all or any part of their respective present or future undertakingsundertaking, assets, rights or revenues to secure or prefer any present or future Indebtedness or other liability or obligation of any Relevant Security Party or any other person;

Appears in 1 contract

Samples: Loan Agreement (DryShips Inc.)

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Negative undertakings. The Borrowers jointly and severally undertake with each Creditor that, from the date of this Agreement and so long as any moneys are owing under the Security Documents and while all or any part of the Total Commitment remains outstanding, they the Borrowers will not, without the prior written consent of the Agent (acting on the instructions of the Majority Banks): 8.3.1 Negative pledge permit any Encumbrance (other than a Permitted Encumbrance) to subsist, arise or be created or extended over all or any part of their respective present or future undertakings, assets, rights or revenues to secure or prefer any present or future Indebtedness or other liability or obligation of any Relevant Security Party or any other person;

Appears in 1 contract

Samples: Supplemental Agreement (Diana Shipping Inc.)

Negative undertakings. The Borrowers jointly and severally undertake Each Borrower undertakes with each Creditor that, from of the date of this Agreement and so long as any moneys are owing under Finance Parties that throughout the Security Documents Period and while all or any part of the Total Commitment Commitments remains outstanding, they it will not, without the prior written consent of the Facility Agent (acting on the instructions of the Majority BanksLenders (such consent not to be unreasonably withheld in the case of clauses 8.3.16 and 8.3.17): 8.3.1 Negative pledge permit any Encumbrance (other than a Permitted Encumbrance) to subsist, arise or be created or extended over all or any part of their respective its present or future undertakings, assets, rights or revenues to secure or prefer any present or future Indebtedness or other liability or obligation of any Relevant Party (except the Manager) or any other person;; or

Appears in 1 contract

Samples: Loan Agreement (DryShips Inc.)

Negative undertakings. The Borrowers jointly and severally undertake with each Creditor that, from the date of this Agreement and so long as any moneys are owing under the Security Documents and while all or any part of the Total Commitment remains outstanding, they will not, without the prior written consent of the Agent (acting on the instructions of the Majority Banks): 8.3.1 Negative pledge permit any Encumbrance (other than a Permitted Encumbrance) to subsist, arise or be created or extended over all or any part of their respective present or future undertakings, assets, rights or revenues to secure or prefer any present or future Indebtedness or other liability or obligation of any Relevant Party Borrower or any other person;

Appears in 1 contract

Samples: Senior Loan Agreement (FreeSeas Inc.)

Negative undertakings. The Borrowers jointly and severally undertake 12.3.1 Each Borrower undertakes with each Creditor Finance Party that, from the date of this Agreement and so long as any moneys are owing under the Security Finance Documents and while all or any part of the Total Commitment remains outstandingavailable, they will notno Borrower, will, without the prior written consent of the Facility Agent (acting on the instructions of the Majority BanksLenders): 8.3.1 (a) Negative pledge pledge: permit any Encumbrance (other than a Permitted Encumbrance) to subsist, arise or be created or extended over all or any part of their respective its present or future undertakingsundertaking, assets, rights or revenues to secure or prefer any present or future Indebtedness or other liability or obligation of any Relevant Party Borrower or any other person;

Appears in 1 contract

Samples: On Delivery Facility Agreement (Paragon Shipping Inc.)

Negative undertakings. The Borrowers jointly and severally undertake Borrower undertakes with each Creditor the Bank that, from the date of this Agreement and so long as any moneys are owing under the Security Documents and while all or any part of the Total Commitment remains outstanding, they it will not, without the prior written consent of the Agent (acting on Bank, but subject to the instructions of the Majority Banks):proviso hereto: 8.3.1 Negative pledge permit any Encumbrance (other than a Permitted Encumbrance) to subsist, arise or be created or extended over all or any part of their respective its present or future undertakings, assets, rights or revenues to secure or prefer any present or future Indebtedness or other liability or obligation of any Relevant Party of the Borrower or any other person;

Appears in 1 contract

Samples: Facilities Agreement (Top Tankers Inc.)

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