Ownership of Vessel. The Mortgagor warrants that it is and shall continue to be a citizen of the United States as defined and within the meaning of the Shipping Act of 1916, as amended, 46 App. U.S.C. Section 802, and a corporation established under the laws of the United States or of a State, whose president or other chief executive officer and chairman of its board of directors are citizens of the United States and no more of its directors are noncitizens than a minority of the number necessary to constitute a quorum, within the meaning of Section 7 of the Act of August 26, 1983, P.L. 98-89, 97 Stat. 585, as amended, 46 U.S.C. Section 12102, as amended. The Mortgagor warrants that it is the true, lawful and sole owner of the whole of the Vessel, including her engines, boilers, machinery, masts, anchors, cables, rigging, tackle, apparel, furniture, small boats, and all other appurtenances, and that its ownership is free and clear of all suits, liens, claims, charges, or encumbrances of any kind or nature except for (a) liens arising prior to the date of this First Preferred Ship Mortgage which arose in the ordinary course of business and by operation of law, which liens are no greater than approximately $5,000.00 as of this date and (b) liens granted to Mortgagee, and that all action necessary and required by law for the execution and delivery of this First Preferred Ship Mortgage has been duly and effectively taken, and that this First Preferred Ship Mortgage is a valid and binding obligation of the Mortgagor enforceable in accordance with its terms, and that it will forever warrant and defend its title and possession for the benefit of the Mortgagee against any and all claims and demands.
Ownership of Vessel it is the sole, absolute, legal and beneficial owner of the Vessel;
Ownership of Vessel. Vessel Owner hereby certifies either (i) that he/she is the owner of the Vessel or (ii) that the owner of the Vessel is and that such owner has executed this Agreement in the space provided below.
Ownership of Vessel. Seller is the sole owner of the Vessel.
Ownership of Vessel. The Mortgagor warrants that it is and shall continue to be a citizen of the United States as defined and within the meaning of the Shipping Act of 1916, as amended, 46 App. U.S.C. Section 802, and a corporation established under the laws of the United States or of a State, whose president or other chief executive officer and chairman of its board of directors are citizens of the United States and no more of its directors are noncitizens than a minority of the number necessary to constitute a quorum, within the meaning of Section 7 of the Act of August 26, 1983, P.L. 98-89, 97 Stat. 585, as amended, 46 U.S.C. Section 12102, as amended, and that it is, and shall continue to be, a corporation duly organized and existing in good standing under the laws of the State of Delaware. The Mortgagor warrants that it is the true, lawful and sole owner of the whole of the Vessel, including her engines, boilers, machinery, masts, anchors, cables, rigging, tackle, apparel, furniture, small boats, and all
Ownership of Vessel. Seller is the sole owner of the Vessel, free and clear of any and all Liens. The sale of the Vessel shall be made subject to the following warranty, which shall be included in the Bill of Sale conveying title tx xxe Vessel: It is specifically understood and agreed between Buyer and Seller that Seller makes NO WARRANTY of any kind whatsoever (except as to title of the Vessel as set forth below), said sale being made "as is, where is," without any warranty whatsoever, express or implied, as to the design, condition, merchantability or seaworthiness of, or as to the fitness of the vessel for any particular purpose or any particular trade. Said sale is made however with full warranty of title and Seller agrees to indemnify, save harmless and defend Buyer from and against any and all mortgages and judgments, and any and all liens or encumbrances, including but not limited to asserted and unasserted claims and liens for wages, maintenance and cure, repairs, supplies, towage, salvage, use of dry-dock or marine railway or other necessities, provided that any such mortgages, judgments, liens or encumbrances shall arise (i) from acts or events occurring prior to Closing (as defined in that certain Asset Purchase Agreement between Buyer and Seller) and (ii) from Seller's acts or omissions occurring prior to the date of Closing.
Ownership of Vessel. The Mortgagor warrants that it is and shall continue to be a citizen of the United States as defined and within the meaning of the Shipping Act of 1916, as amended, 46 App. U.S.C. Section 802, and a corporation established under the laws of the United States or of a State, whose president or other chief executive officer and chairman of its board of directors are citizens of the United States and no more of its directors are noncitizens than a minority of the number necessary to constitute a quorum, within the meaning of Section 7 of the Act of August 26, 1983, P.L. 98-89, 97 Stat. 585, as amended, 46 U.S.C. Section 12102, as amended, and that it is, and shall continue to be, a corporation duly organized and existing in good standing under the laws of the State of Delaware. The Mortgagor warrants that it is the true, lawful and sole owner of the whole of the Vessel, including her engines, boilers, machinery, masts, anchors, cables, rigging, tackle, apparel, furniture, small boats, and all other appurtenances, and that its ownership is free and clear of all suits, liens, claims, charges, or encumbrances of any kind or nature, and that it will forever warrant and defend its title and possession for the benefit of the mortgagee against any and all claims and demands.
