Common use of Notice of Mortgage Clause in Contracts

Notice of Mortgage. procure that each Owner places and, at all times and places, uses due diligence to retain a properly certified copy of the Mortgage and (if applicable) Deed of Covenant relative to its Ship (which shall form part of its Ship’s documents) on board its Ship with her papers and causes such certified copy of the relevant Mortgage and (if applicable) Deed of Covenant to be exhibited to any and all persons having business with its Ship which might create or imply any commitment or encumbrance whatsoever or in respect of its Ship (other than a lien for crew’s wages and salvage) and to any representative of the Security Trustee and to further procure that each Owner places and keeps prominently displayed in the chart room and in the Master’s cabin of its Ship a framed printed notice in plain type reading as follows: This Vessel is covered by a [[First][Second] Preferred Mortgage][[First][Second] Priority Mortgage and Deed of Covenant] to [here insert name of Security Trustee] of [here insert address of Security Trustee] (as security agent and trustee on behalf of itself and certain other creditors parties) [under authority of Title 21 of the Liberian Code of Laws of 1956 as amended]. Under the terms of the said Mortgage [and Deed of Covenant] neither the Owner nor any charterer nor the Master of this Vessel nor any other person has any right, power or authority to create, incur or permit to be imposed upon this Vessel any lien or encumbrance whatsoever other than for crew’s wages and salvage” and in terms of the said notice it is hereby agreed that save and subject as otherwise herein provided, neither any Owner nor any charterer nor the Master of any Ship nor any other person has any right, power or authority to create, incur or permit to be imposed upon any Ship any lien whatsoever other than for crew’s wages and salvage. For the avoidance of doubt, in relation to the Additional Second Lien Vessels only, reference to “Second” in the said notice shall be retained and references to “First” deleted;

Notice of Mortgage. procure that each Owner places and, The Mortgagor will at all times and places, uses due diligence to retain carry on board the Vessel (with the ship's papers) a properly certified copy of the this Mortgage and (if applicable) Deed of Covenant relative to its Ship (which shall form part of its Ship’s documents) on board its Ship with her papers any amendments and causes such certified copy of the relevant Mortgage supplements hereto and (if applicable) Deed of Covenant any assignments hereof, and will exhibit or cause to be exhibited the same to any and all persons person having business with its Ship the Vessel which might create give rise to a Lien upon the Vessel or imply any commitment to the sale, conveyance, mortgage or encumbrance whatsoever or in respect of its Ship (other than a lien for crew’s wages and salvage) and lease thereof and, on demand, to any representative of the Security Trustee Mortgagee. The Mortgagor will also place and to further procure that each Owner places and keeps keep prominently displayed in on the chart room and in the Master’s cabin of its Ship Vessel a framed printed notice in plain type of such size that the paragraph of reading matter shall cover a space of not less than six inches wide by nine inches high (or such other dimensions as may be required by law) reading as follows: "NOTICE OF MORTGAGE This Vessel is covered owned by HWCC-Tunica, Inc. and is subject to a [[First][Second] First Preferred Mortgage][[First][Second] Priority Ship Mortgage in favor of State Street Bank and Deed Trust Company, as Trustee, as Mortgagee, and a Second Preferred Ship Mortgage in favor of Covenant] Hollywood Casino Corporation, as Mortgagee, which Second Preferred Ship Mortgage has been assigned by Hollywood Casino Corporation to [here insert name of Security State Street Bank and Trust Company, as Trustee] of [here insert address of Security Trustee] (as security agent and trustee on behalf of itself and certain other creditors parties) [, under the authority of Chapter 301 and Chapter 313 of Title 21 46 of the Liberian Code of Laws of 1956 United States Code, as amended], a certified copy of which Mortgages are kept with this Vessel's papers. Under the terms of the said Mortgage [and Deed of Covenant] Mortgages neither the Owner nor owner, any charterer nor charterer, the Master master of this Vessel nor any other person has any right, power or authority to create, incur or permit to be placed or imposed upon this Vessel any lien or encumbrance whatsoever other than the lien of said Mortgages, liens for crew’s wages wages, general average or salvage, and salvage” and in terms certain other liens permitted by the provisions of the said notice it is hereby agreed that save and subject as otherwise herein provided, neither any Owner nor any charterer nor the Master of any Ship nor any other person has any right, power or authority to create, incur or permit to be imposed upon any Ship any lien whatsoever other than for crew’s wages and salvage. For the avoidance of doubt, in relation to the Additional Second Lien Vessels only, reference to “Second” in the said notice shall be retained and references to “First” deleted;Mortgages."

Notice of Mortgage. procure that each Owner places and, at all times and places, uses due diligence to retain a properly certified copy of the Mortgage and (if applicable) Deed of Covenant relative to its Ship (which shall form part of its Ship’s documents) on board its Ship with her papers and causes such certified copy of the relevant Mortgage and (if applicable) Deed of Covenant to be exhibited to any and all persons having business with its Ship which might create or imply any commitment or encumbrance whatsoever or in respect of its Ship (other than a lien for crew’s wages and salvage) and to any representative of the Security Trustee and to further procure that each Owner places and keeps prominently displayed in the chart room and in the Master’s cabin of its Ship a framed printed notice in plain type reading as follows: This Vessel is covered by a [[First][Second] Preferred Mortgage][[First][Second] Mortgage][Second Priority Mortgage and Deed of Covenant] to [here insert name of Security Trustee] of [here insert address of Security Trustee] (as security agent and trustee on behalf of itself and certain other creditors parties) [under authority of Title 21 of the Liberian Code of Laws of 1956 as amended]. Under the terms of the said Mortgage [and Deed of Covenant] neither the Owner nor any charterer nor the Master of this Vessel nor any other person has any right, power or authority to create, incur or permit to be imposed upon this Vessel any lien or encumbrance whatsoever other than for crew’s wages and salvage” and in terms of the said notice it is hereby agreed that save and subject as otherwise herein provided, neither any Owner nor any charterer nor the Master of any Ship nor any other person has any right, power or authority to create, incur or permit to be imposed upon any Ship any lien whatsoever other than for crew’s wages and salvage. For the avoidance of doubt, in relation to the Additional Second Lien Vessels only, reference to “Second” in the said notice shall be retained and references to “First” deleted;

Notice of Mortgage. procure that each Owner places and, The Mortgagor will at all times and places, uses due diligence to retain carry on board the Vessel (with the ship's papers) a properly certified copy of the this Mortgage and (if applicable) Deed of Covenant relative to its Ship (which shall form part of its Ship’s documents) on board its Ship with her papers any amendments and causes such certified copy of the relevant Mortgage supplements hereto and (if applicable) Deed of Covenant any assignments hereof, and will exhibit or cause to be exhibited the same to any and all persons person having business with its Ship the Vessel which might create give rise to a Lien upon the Vessel or imply any commitment to the sale, conveyance, mortgage or encumbrance whatsoever or in respect of its Ship (other than a lien for crew’s wages and salvage) and lease thereof and, on demand, to any representative of the Security Trustee Mortgagee. The Mortgagor will also place and to further procure that each Owner places and keeps keep prominently displayed in on the chart room and in the Master’s cabin of its Ship Vessel a framed printed notice in plain type of such size that the paragraph of reading matter shall cover a space of not less than six inches wide by nine inches high (or such other dimensions as may be required by law) reading as follows: "NOTICE OF MORTGAGE This Vessel is covered owned by Hollywood Casino Shreveport and is subject to a [[First][Second] Preferred Mortgage][[First][Second] Priority Ship Mortgage dated as of June 15, 2001, in favor of Street Bank and Deed Trust Company, as Trustee and Mortgagee, a First Preferred Ship Mortgage dated as of Covenant] to [here insert name August 4, 2000, in favor of Security Trustee] State Street Bank and Trust Company, as Trustee and Mortgagee, an FF&E Intercreditor Agreement dated as of [here insert address June 15, 2001, among State Street Bank and Trust Company, as trustee, Hollywood Casino Shreveport and State Street Bank and Trust Company, as trustee for the benefit of Security Trustee] (the holders of the New Notes, and a Pari Passu Intercreditor Agreement dated as security agent of June 15, 2001, among State Street Bank and Trust Company, as trustee, Hollywood Casino Shreveport and State Street Bank and Trust Company, as trustee on behalf for the benefit of itself and certain other creditors parties) [the holders of the New Notes, under the authority of Chapter 301 and Chapter 313 of Title 21 46 of the Liberian Code of Laws of 1956 United States Code, as amended], certified copies of which Mortgages are kept with this Vessel's papers. Under the terms of the said Mortgage [and Deed of Covenant] Mortgages neither the Owner nor owner, any charterer nor charterer, the Master master of this Vessel nor any other person has any right, power or authority to create, incur or permit to be placed or imposed upon this Vessel any lien or encumbrance whatsoever other than the lien of said Mortgages, liens for crew’s wages wages, general average or salvage, and salvage” and in terms certain other liens permitted by the provisions of the said notice it is hereby agreed that save and subject as otherwise herein provided, neither any Owner nor any charterer nor the Master of any Ship nor any other person has any right, power or authority to create, incur or permit to be imposed upon any Ship any lien whatsoever other than for crew’s wages and salvage. For the avoidance of doubt, in relation to the Additional Second Lien Vessels only, reference to “Second” in the said notice shall be retained and references to “First” deleted;Mortgages."

Notice of Mortgage. procure that each Owner places and, at all times and places, uses due diligence to retain a A properly certified copy of this Mortgage, and of any assignment of this Mortgage, shall be carried with the Mortgage and (if applicable) Deed of Covenant relative to its Ship (which shall form part of its ShipVessel’s documents) on board its Ship with her papers , and causes such certified copy of the relevant Mortgage and (if applicable) Deed of Covenant to shall be exhibited on demand to any and all persons person having business with its Ship which might create such Vessel or imply any commitment or encumbrance whatsoever or in respect of its Ship (other than a lien for crew’s wages and salvage) and to any representative of the Security Trustee and to further procure that each Owner places and keeps prominently displayed in the chart room and in the Master’s cabin of its Ship a framed Mortgagee. A Notice, reading substantially as follows, printed notice in plain type reading as followsshall (together with a notice of any assignment of this Mortgage) be placed and kept in a conspicuous location on the Vessel: “This Vessel is covered by a [[First][Second] First Preferred Mortgage][[First][Second] Priority Mortgage and Deed in favor of Covenant] to [here insert name of Security Trustee] of [here insert address of Security Trustee] (as security agent and trustee on behalf of itself and certain other creditors parties) [FIRST UNION COMMERCIAL CORPORATION, a North Carolina corporation, Mortgagee, under authority of Title 21 of the Liberian Code of Laws of 1956 46 U.S.C. Chapter 313 as amended]. Under the terms of the said Mortgage [and Deed of Covenant] Mortgage, neither the Owner nor Shipowner, any charterer nor charterer, the Master master of this Vessel nor any other person has any right, power or authority to create, incur or permit to be placed or imposed upon this Vessel any lien or encumbrance whatsoever other than preferred mortgage liens in favor of said Mortgagee or Wachovia Bank, National Association and: (i) liens for crew’s wages and salvage” and in terms of the master (to the extent provided by Public Law 90-293) and crew (collectively, “Crew’s Wages”) and salvage (including contract salvage) which shall not have become due and payable for ten days after termination of a voyage or which shall then be contested by the Shipowner in good faith by appropriate proceedings diligently prosecuted, so long as such proceedings do not in the opinion of said notice it Mortgagee involve a significant risk of a sale, forfeiture or loss of this Vessel; (ii) liens for Crew’s Wages, salvage (including contract salvage) and general average which are either unclaimed or covered by insurance which complies with the requirements of Article I, Section (18) of said Mortgage; (iii) liens incident to current operations (except for Crew’s Wages, salvage and general average) and not more than 60 days past due; (iv) the rights of the United States in the event the use of the Vessel is hereby agreed that save and subject taken or requisitioned by any United States government or governmental body as otherwise herein contemplated by Article I, Section (20) of said Mortgage; and (v) liens arising in connection with any repairs, modifications, alterations or additions permitted under Article I, Section (12) of said Mortgage. provided, neither further, that the liens described by the foregoing subparagraphs (i) through (v) shall, unless they would in any Owner nor any charterer nor the Master of any Ship nor any other person has any rightevent be entitled as such to priority over said Mortgage under 46 U.S.C. Chap. 313, power or authority to create, incur or permit to be imposed upon any Ship any lien whatsoever other than for crew’s wages and salvage. For the avoidance of doubt, in relation deemed “Permitted Liens” only to the Additional Second Lien Vessels only, reference extent they are liens subordinate to “Secondthe lien of said Mortgage.” in The Shipowner shall have a reasonable time after the said notice shall be retained and references recordation of this Mortgage to “First” deleted;comply with the provisions of this Section.

Notice of Mortgage. procure that each Owner places and, The Mortgagor shall at all times and places, uses due diligence to retain keep a properly certified copy of the this Fleet Mortgage and any amendments and supplements hereto and any assignments hereof (if applicablei) Deed at its address set forth above and (ii) in the case of Covenant relative to its Ship (which shall form part of its Ship’s documents) a Vessel that is a self-propelled Vessel, with the ship's papers on board its Ship with her such Vessel and such papers and causes such certified copy of the relevant Mortgage and (if applicable) Deed of Covenant to shall be exhibited exhibited, on demand, to any and all persons person having business with its Ship such Vessel which might create give rise to a maritime Lien on such Vessel, or imply any commitment or encumbrance whatsoever or in respect of its Ship (other than a lien for crew’s wages and salvage) and to any representative of the Security Trustee Mortgagee; and to further procure a notice, reading as follows, printed in plain type of such size that each Owner places the paragraph of reading matter shall cover a space not less than six inches wide by nine inches high, framed under glass, shall be placed and keeps kept prominently displayed in the chart room and in the Master’s master's cabin of its Ship each of the Vessels that is a framed printed notice in plain type reading as followsself-propelled Vessel: "NOTICE OF MORTGAGE This Vessel is covered owned by American Commercial Lines LLC (the "Mortgagor") and is subject to a [[First][Second] First Preferred Mortgage][[First][Second] Priority Mortgage and Deed Fleet Mortgage, dated February 3, 2003, as the same may be amended or supplemented, in favor of Covenant] to [here insert name of Security Trustee] of [here insert address of Security Trustee] (JPMorgan Chase Bank, as security administrative agent, documentation agent and trustee on behalf collateral agent, pursuant to the provisions of itself and certain other creditors parties) [under authority Chapter 313 of Title 21 46 of the Liberian Code of Laws of 1956 United States Code, as amended]. Under , and under the terms of said Fleet Mortgage the said Mortgage [and Deed of Covenant] neither Mortgagor hereby gives notice that it has not granted any charterer, the Owner nor any charterer nor the Master master of this Vessel nor or any other person has any person, and none thereof has, the right, power or authority to create, incur or permit to be imposed exist upon this Vessel any lien liens or encumbrance whatsoever encumbrances whatsoever, other than the lien of said Fleet Mortgage, liens for crew’s 's wages, wages of stevedores when employed directly by the Mortgagor or the master of this Vessel and general average or salvage (including contract salvage” and in terms of the said notice it is hereby agreed that save and subject as otherwise herein provided, neither any Owner nor any charterer nor the Master of any Ship nor any other person has any ). Any such right, power or authority to create, incur or permit to be imposed upon any Ship any lien whatsoever other than for crew’s wages and salvage. For is also prohibited under the avoidance terms of doubt, in relation to the Additional Second Lien Vessels only, reference to “Second” in the said notice shall be retained and references to “First” deleted;Fleet Mortgage."

Notice of Mortgage. procure that each Owner places and, The Mortgagor shall at all times and places, uses due diligence to retain keep a properly certified copy of the this Fleet Mortgage and any amendments and supplements hereto and any assignments hereof (if applicablei) Deed at its address set forth above and (ii) in the case of Covenant relative to its Ship (which shall form part of its Ship’s documents) a Vessel that is a self-propelled Vessel, with the ship's papers on board its Ship with her such Vessel and such papers and causes such certified copy of the relevant Mortgage and (if applicable) Deed of Covenant to shall be exhibited exhibited, on demand, to any and all persons person having business with its Ship such Vessel which might create give rise to a maritime Lien on such Vessel, or imply any commitment or encumbrance whatsoever or in respect of its Ship (other than a lien for crew’s wages and salvage) and to any representative of the Security Trustee Mortgagee; and to further procure a notice, reading as follows, printed in plain type of such size that each Owner places the paragraph of reading matter shall cover a space not less than six inches wide by nine inches high, framed under glass, shall be placed and keeps kept prominently displayed in the chart room and in the Master’s master's cabin of its Ship each of the Vessels that is a framed printed notice in plain type reading as followsself-propelled Vessel: "NOTICE OF MORTGAGE This Vessel is covered owned by Louisiana Dock Company LLC (the "Mortgagor") and is subject to a [[First][Second] First Preferred Mortgage][[First][Second] Priority Mortgage and Deed Fleet Mortgage, dated February 3, 2003, as the same may be amended or supplemented, in favor of Covenant] to [here insert name of Security Trustee] of [here insert address of Security Trustee] (JPMorgan Chase Bank, as security administrative agent, documentation agent and trustee on behalf collateral agent, pursuant to the provisions of itself and certain other creditors parties) [under authority Chapter 313 of Title 21 46 of the Liberian Code of Laws of 1956 United States Code, as amended]. Under , and under the terms of said Fleet Mortgage the said Mortgage [and Deed of Covenant] neither Mortgagor hereby gives notice that it has not granted any charterer, the Owner nor any charterer nor the Master master of this Vessel nor or any other person has any person, and none thereof has, the right, power or authority to create, incur or permit to be imposed exist upon this Vessel any lien liens or encumbrance whatsoever encumbrances whatsoever, other than the lien of said Fleet Mortgage, liens for crew’s 's wages, wages of stevedores when employed directly by the Mortgagor or the master of this Vessel and general average or salvage (including contract salvage” and in terms of the said notice it is hereby agreed that save and subject as otherwise herein provided, neither any Owner nor any charterer nor the Master of any Ship nor any other person has any ). Any such right, power or authority to create, incur or permit to be imposed upon any Ship any lien whatsoever other than for crew’s wages and salvage. For is also prohibited under the avoidance terms of doubt, in relation to the Additional Second Lien Vessels only, reference to “Second” in the said notice shall be retained and references to “First” deleted;Fleet Mortgage."

Notice of Mortgage. procure that each Owner places and, The Mortgagor shall at all times and places, uses due diligence to retain keep a properly certified copy of the this Fleet Mortgage and any amendments and supplements hereto and any assignments hereof (if applicablei) Deed at its address set forth above and (ii) in the case of Covenant relative to its Ship (which shall form part of its Ship’s documents) a Vessel that is a self-propelled Vessel, with the ship's papers on board its Ship with her such Vessel and such papers and causes such certified copy of the relevant Mortgage and (if applicable) Deed of Covenant to shall be exhibited exhibited, on demand, to any and all persons person having business with its Ship such Vessel which might create give rise to a maritime Lien on such Vessel, or imply any commitment or encumbrance whatsoever or in respect of its Ship (other than a lien for crew’s wages and salvage) and to any representative of the Security Trustee Mortgagee; and to further procure a notice, reading as follows, printed in plain type of such size that each Owner places the paragraph of reading matter shall cover a space not less than six inches wide by nine inches high, framed under glass, shall be placed and keeps kept prominently displayed in the chart room and in the Master’s master's cabin of its Ship each of the Vessels that is a framed printed notice in plain type reading as followsself-propelled Vessel: "NOTICE OF MORTGAGE This Vessel is covered owned by Houston Fleet LLC (the "Mortgagor") and is subject to a [[First][Second] First Preferred Mortgage][[First][Second] Priority Mortgage and Deed Fleet Mortgage, dated February 3, 2003, as the same may be amended or supplemented, in favor of Covenant] to [here insert name of Security Trustee] of [here insert address of Security Trustee] (JPMorgan Chase Bank, as security administrative agent, documentation agent and trustee on behalf collateral agent, pursuant to the provisions of itself and certain other creditors parties) [under authority Chapter 313 of Title 21 46 of the Liberian Code of Laws of 1956 United States Code, as amended]. Under , and under the terms of said Fleet Mortgage the said Mortgage [and Deed of Covenant] neither Mortgagor hereby gives notice that it has not granted any charterer, the Owner nor any charterer nor the Master master of this Vessel nor or any other person has any person, and none thereof has, the right, power or authority to create, incur or permit to be imposed exist upon this Vessel any lien liens or encumbrance whatsoever encumbrances whatsoever, other than the lien of said Fleet Mortgage, liens for crew’s 's wages, wages of stevedores when employed directly by the Mortgagor or the master of this Vessel and general average or salvage (including contract salvage” and in terms of the said notice it is hereby agreed that save and subject as otherwise herein provided, neither any Owner nor any charterer nor the Master of any Ship nor any other person has any ). Any such right, power or authority to create, incur or permit to be imposed upon any Ship any lien whatsoever other than for crew’s wages and salvage. For is also prohibited under the avoidance terms of doubt, in relation to the Additional Second Lien Vessels only, reference to “Second” in the said notice shall be retained and references to “First” deleted;Fleet Mortgage."

Notice of Mortgage. procure that each Owner places and, The Mortgagor will at all times and places, uses due diligence to retain carry on board each Vessel (with the ship's papers) a properly certified copy of the this Mortgage and (if applicable) Deed of Covenant relative to its Ship (which shall form part of its Ship’s documents) on board its Ship with her papers any amendments and causes such certified copy of the relevant Mortgage supplements hereto and (if applicable) Deed of Covenant any assignments hereof, and will exhibit or cause to be exhibited the same to any and all persons person having business with its Ship such Vessel which might create give rise to a Lien upon such Vessel or imply any commitment to the sale, conveyance, mortgage or encumbrance whatsoever or in respect of its Ship (other than a lien for crew’s wages and salvage) and lease thereof and, on demand, to any representative of the Security Trustee Mortgagee. The Mortgagor will also place and to further procure that each Owner places and keeps keep prominently displayed in the chart room and in the Master’s cabin of its Ship on each Vessel a framed printed notice in plain type of such size that the paragraph of reading matter shall cover a space of not less than six inches wide by nine inches high (or such other dimensions as may be required by law) reading as follows: "NOTICE OF MORTGAGE This Vessel is covered owned by Hollywood Casino-Aurora, Inc. and is subject to a [[First][Second] First Preferred Mortgage][[First][Second] Priority Fleet Mortgage in favor of Hollywood Casino Corporation, as Mortgagee, which First Preferred Fleet Mortgage has been assigned by Hollywood Casino Corporation to State Street Bank and Deed of Covenant] to [here insert name of Security Trust Company, as Trustee] of [here insert address of Security Trustee] (as security agent and trustee on behalf of itself and certain other creditors parties) [, under the authority of Chapter 301 and Chapter 313 of Title 21 46 of the Liberian Code of Laws of 1956 United States Code, as amended], a certified copy of which Mortgage is kept with this Vessel's papers. Under the terms of the said Mortgage [and Deed of Covenant] neither the Owner nor owner, any charterer nor charterer, the Master master of this Vessel nor any other person has any right, power or authority to create, incur or permit to be placed or imposed upon this Vessel any lien or encumbrance whatsoever other than the lien of said Mortgage, liens for crew’s wages wages, general average or salvage, and salvage” and in terms certain other liens permitted by the provisions of the said notice it is hereby agreed that save and subject as otherwise herein provided, neither any Owner nor any charterer nor the Master of any Ship nor any other person has any right, power or authority to create, incur or permit to be imposed upon any Ship any lien whatsoever other than for crew’s wages and salvage. For the avoidance of doubt, in relation to the Additional Second Lien Vessels only, reference to “Second” in the said notice shall be retained and references to “First” deleted;Mortgage."