Common use of Primary representations and warranties Clause in Contracts

Primary representations and warranties. Each of the Relevant Parties represents and warrants to the Bank that: 4.1.1 Existing representations and warranties the representations and warranties set out in clause 7 of the Principal Agreement, clause 4 of each Owner’s Guarantee and clause 3 of each Manager’s Undertaking were true and correct on the date of the Principal Agreement and are true and correct, including to the extent that they may have been or shall be amended by this Agreement, as if made at the date of this Agreement with reference to the facts and circumstances existing at such date; 4.1.2 Corporate power each of the Relevant Parties has power to execute, deliver and perform its obligations under the Relevant Documents to which it is or is to be a party; all necessary corporate, shareholder and other action has been taken by each of the Relevant Parties to authorise the execution, delivery and performance of the Relevant Documents to which it is or is to be a party;

Appears in 5 contracts

Samples: Eighth Supplemental Agreement (Globus Maritime LTD), Reducing Revolving Credit Facility (Freeseas Inc.), Fourth Supplemental Agreement (Freeseas Inc.)

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Primary representations and warranties. Each of the Relevant Parties represents and warrants to the Bank Creditors that: 4.1.1 Existing representations and warranties the representations and warranties set out in clause 7 of the Principal Agreement, Agreement and clause 4 of each Owner’s Guarantee and clause 3 of each Manager’s Undertaking the Corporate Guarantees were true and correct on the date of the Principal Agreement and on the date of each of the Corporate Guarantees, respectively, and are true and correct, including to the extent that they may have been or shall be amended by this Agreement, as if made at the date of this Agreement with reference to the facts and circumstances existing at such date; 4.1.2 Corporate power each of the Relevant Parties has power to execute, deliver and perform its obligations under the Relevant Documents to which it is or is to be a party; all necessary corporate, shareholder and other action has been taken by each of the Relevant Parties to authorise the execution, delivery and performance of the Relevant Documents to which it is or is to be a party;

Appears in 2 contracts

Samples: Loan Agreement (Euronav NV), Loan Agreement (Euronav NV)

Primary representations and warranties. Each of the Relevant Parties represents and warrants to the Bank Creditor Parties that: 4.1.1 Existing representations and warranties the representations and warranties set out in clause 7 Clause 10 of the Principal Agreement, clause Agreement and Clause 4 of each Owner’s Guarantee and clause 3 of each Manager’s Undertaking were true and correct on the date of the Principal Agreement and are true and correct, including to the extent that they may have been or shall be amended by this Agreement, as if made at on the date of this Agreement with reference to the facts and circumstances existing at on such date; 4.1.2 Corporate power each of the Relevant Parties has power to execute, deliver and perform its obligations under the Relevant Documents to which it is or is to be a party; all necessary corporate, shareholder and other action has been taken by each of the Relevant Parties to authorise the execution, delivery and performance of the Relevant Documents to which it is or is to be a party;

Appears in 2 contracts

Samples: Fifth Supplemental Agreement (Paragon Shipping Inc.), Fifth Supplemental Agreement (Paragon Shipping Inc.)

Primary representations and warranties. Each of the Relevant Parties Borrowers and the Corporate Guarantor represents and warrants to the Bank Creditors that: 4.1.1 Existing representations and warranties the representations and warranties set out in clause 7 of the Principal Agreement, Agreement and clause 4 of each Owner’s the Corporate Guarantee and clause 3 of each Manager’s Undertaking were true and correct on the date of the Principal Agreement and the Corporate Guarantee, respectively, and are true and correct, including to the extent that they may have been or shall be amended by this Agreement, as if made at the date of this Agreement with reference to the facts and circumstances existing at such date; 4.1.2 Corporate power each of the Relevant Parties has power to execute, deliver and perform its obligations under the Relevant Documents to which it is or is to be a party; all necessary corporate, shareholder and other action has been taken by each of the Relevant Parties to authorise the execution, delivery and performance of the Relevant Documents to which it is or is to be a party;

Appears in 2 contracts

Samples: Fourth Supplemental Agreement (Seanergy Maritime Holdings Corp.), Second Supplemental Agreement (Seanergy Maritime Holdings Corp.)

Primary representations and warranties. Each of the Relevant Parties represents and warrants to the Bank that: 4.1.1 Existing representations and warranties each of the representations and warranties set out in clause 7 of the Principal Agreement, Agreement and clause 4 of each Owner’s the Corporate Guarantee and clause 3 of each Manager’s Undertaking were true and correct on the date of the Principal Agreement and the Corporate Guarantee, respectively, and are true and correct, including to the extent that they may have been or shall be amended by this Agreement, as if made at the date of this Agreement with reference to the facts and circumstances existing at such date; 4.1.2 Corporate power each of the Relevant Parties has power to execute, deliver and perform its obligations under the Relevant Documents to which it is or is to be a party; all necessary corporate, shareholder and other action has been taken by each of the Relevant Parties to authorise the execution, delivery and performance of the Relevant Documents to which it is or is to be a party;

Appears in 2 contracts

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

Primary representations and warranties. Each of the Relevant Parties represents and warrants to the Bank Creditor Parties that: 4.1.1 Existing representations and warranties the representations and warranties set out in clause 7 10 of the Principal Agreement, Agreement and clause 4 10 of each Owner’s Guarantee and clause 3 of each Manager’s Undertaking were true and correct on the date of the Principal Agreement and are true and correct, including to the extent that they may have been or shall be amended by this Agreement, as if made at on the date of this Agreement with reference to the facts and circumstances existing at on such date; 4.1.2 Corporate power each of the Relevant Parties has power to execute, deliver and perform its obligations under the Relevant Documents to which it is or is to be a party; all necessary corporate, shareholder and other action has been taken by each of the Relevant Parties to authorise the execution, delivery and performance of the Relevant Documents to which it is or is to be a party;

Appears in 2 contracts

Samples: Second Supplemental Agreement (Paragon Shipping Inc.), Supplemental Agreement (Paragon Shipping Inc.)

Primary representations and warranties. Each of the Relevant Parties Supplemental Party represents and warrants to the Bank that: 4.1.1 Existing representations and warranties the representations and warranties set out in clause 7 of the Principal Agreement, Agreement and clause 4 of each Owner’s the Corporate Guarantee and clause 3 of each Manager’s Undertaking were true and correct on the date of the Principal Agreement and the Corporate Guarantee, respectively, and are true and correct, including to the extent that they may have been or shall be amended by this Agreement, as if made at the date of this Agreement with reference to the facts and circumstances existing at such date; 4.1.2 Corporate power each of the Relevant Parties has power to execute, deliver and perform its obligations under the Relevant Documents to which it is or is to be a party; all necessary corporate, shareholder and other action has been taken by each of the Relevant Parties to authorise the execution, delivery and performance of the Relevant Documents to which it is or is to be a party;

Appears in 1 contract

Samples: Second Supplemental Agreement (DryShips Inc.)

Primary representations and warranties. Each of the Relevant Parties represents and warrants to the Bank Creditor Parties that: 4.1.1 Existing representations and warranties the representations and warranties set out in clause 7 10 of the Principal Agreement, Agreement and clause 4 of each Owner’s Guarantee and clause 3 of each Manager’s Undertaking were true and correct on the date of the Principal Agreement and are true and correct, including to the extent that they may have been or shall be amended by this Agreement, as if made at on the date of this Agreement with reference to the facts and circumstances existing at on such date; 4.1.2 Corporate power each of the Relevant Parties has power to execute, deliver and perform its obligations under the Relevant Documents to which it is or is to be a party; all necessary corporate, shareholder and other action has been taken by each of the Relevant Parties to authorise the execution, delivery and performance of the Relevant Documents to which it is or is to be a party;

Appears in 1 contract

Samples: Fourth Supplemental Agreement (Paragon Shipping Inc.)

Primary representations and warranties. Each of the Relevant Parties Party represents and warrants to the Bank that: 4.1.1 Existing representations and warranties the representations and warranties set out in clause 7 of the Principal Agreement, Agreement and clause 4 of each Owner’s the Corporate Guarantee and clause 3 of each Manager’s Undertaking were true and correct on the date of the Principal Agreement and the Corporate Guarantee, respectively, and are true and correct, including to the extent that they may have been or shall be amended by this Agreement, as if made at the date of this Agreement with reference to the facts and circumstances existing at such date; 4.1.2 Corporate power each of the Relevant Parties has power to execute, deliver and perform its obligations under the Relevant Documents to which it is or is to be a party; all necessary corporate, shareholder and other action has been taken by each of the Relevant Parties to authorise the execution, delivery and performance of the Relevant Documents to which it is or is to be a party;

Appears in 1 contract

Samples: Supplemental Agreement (DryShips Inc.)

Primary representations and warranties. Each of the Relevant Parties represents and warrants to the Bank Creditors that: 4.1.1 Existing representations and warranties each of the representations and warranties set out in clause 7 of the Principal Agreement, Agreement and clause 4 of each Owner’s the Corporate Guarantee and clause 3 of each Manager’s Undertaking were true and correct on the date of the Principal Agreement and the Corporate Guarantee, respectively, and are true and correct, including to the extent that they may have been or shall be amended by this Agreement, as if made at the date of this Agreement with reference to the facts and circumstances existing at such date; 4.1.2 Corporate power each of the Relevant Parties has power to execute, deliver and perform its obligations under the Relevant Documents to which it is or is to be a party; all necessary corporate, shareholder and other action has been taken by each of the Relevant Parties to authorise the execution, delivery and performance of the Relevant Documents to which it is or is to be a party;

Appears in 1 contract

Samples: Loan Agreement (Poseidon Containers Holdings Corp.)

Primary representations and warranties. Each of the Relevant Parties Party represents and warrants to the Bank Creditors that: 4.1.1 Existing representations and warranties the representations and warranties set out in clause 7 of the Principal Agreement, Agreement and clause 4 of each Owner’s the Principal Corporate Guarantee and clause 3 of each Manager’s Undertaking were true and correct on the date of the Principal Agreement and the Principal Corporate Guarantee, respectively, and are true and correct, including to the extent that they may have been or shall be amended by this Agreement, as if made at the date of this Agreement with reference to the facts and circumstances existing at such date; 4.1.2 Corporate power each of the Relevant Parties has power to execute, deliver and perform its obligations under the Relevant Documents to which it is or is to be a party; all necessary corporate, shareholder and other action has been taken by each of the Relevant Parties to authorise the execution, delivery and performance of the Relevant Documents to which it is or is to be a party;

Appears in 1 contract

Samples: Supplemental Agreement (DryShips Inc.)

Primary representations and warranties. Each of the Relevant Parties Supplemental Party represents and warrants to the Bank Creditors that: 4.1.1 Existing representations and warranties the representations and warranties set out in clause 7 of the Principal Agreement, Agreement and clause 4 of each Owner’s the Corporate Guarantee and clause 3 of each Manager’s Undertaking were true and correct on the date of the Principal Agreement and the Corporate Guarantee, respectively, and are true and correct, including to the extent that they may have been or shall be amended by this Agreement, as if made at the date of this Agreement with reference to the facts and circumstances existing at such date; 4.1.2 Corporate power each of the Relevant Parties has power to execute, deliver and perform its obligations under the Relevant Documents to which it is or is to be a party; all necessary corporate, shareholder and other action has been taken by each of the Relevant Parties to authorise the execution, delivery and performance of the Relevant Documents to which it is or is to be a party;

Appears in 1 contract

Samples: Second Supplemental Agreement (DryShips Inc.)

Primary representations and warranties. Each of the Relevant Parties represents and warrants to the Bank Creditors that: 4.1.1 Existing representations and warranties the representations and warranties set out in clause 7 of the Principal Agreement, Agreement and clause 4 of each Owner’s the Corporate Guarantee and clause 3 of each Manager’s Undertaking were true and correct on the date dates of the Principal Agreement and the Corporate Guarantee, respectively, and are true and correct, including to the extent that they may have been or shall be amended by this Agreement, as if made at the date of this Agreement with reference to the facts and circumstances existing at such date; 4.1.2 Corporate power each of the Relevant Parties has power to execute, deliver and perform its obligations under the Relevant Documents to which it is or is to be a party; all necessary corporate, shareholder and other action has been taken by each of the Relevant Parties to authorise the execution, delivery and performance of the Relevant Documents to which it is or is to be a party;

Appears in 1 contract

Samples: Supplemental Agreement (FreeSeas Inc.)

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Primary representations and warranties. Each of the Relevant Parties represents and warrants to the Bank Creditors that: 4.1.1 Existing representations and warranties the representations and warranties set out in clause 7 of the Principal Agreement, Agreement and clause 4 of each Owner’s Guarantee and clause 3 of each Manager’s Undertaking were true and correct on the date of the Principal Agreement and each Guarantee and are true and correct, including to the extent that they may have been or shall be amended by this Agreement, as if made at the date of this Agreement with reference to the facts and circumstances existing at such date; 4.1.2 Corporate power each of the Relevant Parties has power to execute, deliver and perform its obligations under the Relevant Documents to which it is or is to be a party; party and all necessary corporate, shareholder and other action has been taken by each of the Relevant Parties to authorise the execution, delivery and performance of the Relevant Documents to which it is or is to be a party;

Appears in 1 contract

Samples: Supplemental Agreement (DryShips Inc.)

Primary representations and warranties. Each of the Relevant Parties represents and warrants to the Bank Creditors that: 4.1.1 Existing representations and warranties the representations and warranties set out in clause 7 of the Principal Agreement, Agreement and clause 4 of each Owner’s the Principal Corporate Guarantee and clause 3 of each Manager’s Undertaking were true and correct on the date of the Principal Agreement and the Principal Corporate Guarantee, respectively, and are true and correct, including to the extent that they may have been or shall be amended by this Agreement, as if made at the date of this Agreement with reference to the facts and circumstances existing at such date; 4.1.2 Corporate power each of the Relevant Parties has power to execute, deliver and perform its obligations under the Relevant Documents to which it is or is to be a partythis Agreement; all necessary corporate, shareholder and other action has been taken by each of the Relevant Parties to authorise the execution, delivery and performance of the Relevant Documents to which it is or is to be a partythis Agreement;

Appears in 1 contract

Samples: Third Supplemental Agreement (Quintana Shipping Ltd.)

Primary representations and warranties. Each of the Relevant Parties represents and warrants to the Bank that: 4.1.1 Existing representations and warranties the representations and warranties set out in clause 7 of the Principal Agreement, Agreement and clause 4 of each Owner’s Corporate Guarantee and clause 3 of each Manager’s Undertaking were true and correct on the date of the Principal Agreement and each Corporate Guarantee, respectively, and are true and correct, including to the extent that they may have been or shall be amended by this Agreement, as if made at the date of this Agreement with reference to the facts and circumstances existing at such date; 4.1.2 Corporate power each of the Relevant Parties has power to execute, deliver and perform its obligations under the Relevant Documents to which it is or is to be a party; all necessary corporate, shareholder and other action has been taken by each of the Relevant Parties to authorise the execution, delivery and performance of the Relevant Documents to which it is or is to be a party; 4.1.3 Binding obligations the Relevant Documents to which it is or is to be a party constitute valid and legally binding obligations of each of the Relevant Parties enforceable in accordance with their terms;

Appears in 1 contract

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

Primary representations and warranties. Each of the Relevant Parties represents and warrants to the Bank that: 4.1.1 Existing representations and warranties the representations and warranties set out in clause 7 of the Principal Agreement, Agreement and clause 4 of each Owner’s Corporate Guarantee and clause 3 of each Manager’s Undertaking were true and correct on the date of the Principal Agreement and each Corporate Guarantee, respectively, and are true and correct, including to the extent that they may have been or shall be amended by this Agreement, as if made at the date of this Agreement with reference to the facts and circumstances existing at such date; 4.1.2 Corporate power each of the Relevant Parties has power to execute, deliver and perform its obligations under the Relevant Documents to which it is or is to be a party; all necessary corporate, shareholder and other action has been taken by each of the Relevant Parties to authorise the execution, delivery and performance of the Relevant Documents to which it is or is to be a party;

Appears in 1 contract

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

Primary representations and warranties. Each of the Relevant Parties represents and warrants to the Bank that: 4.1.1 Existing representations and warranties the representations and warranties set out in clause 7 of the Principal Agreement, Agreement and clause 4 of each Owner’s Corporate Guarantee and clause 3 of each Manager’s Undertaking were true and correct on the date of the Principal Agreement and each Corporate Guarantee, respectively, and are true and correct, including to the extent that they may have been or shall be amended by this Agreement, as if made at the date of this Agreement with reference to the facts and circumstances existing at such date; 4.1.2 Corporate power each of the Relevant Parties has power to execute, deliver and perform its obligations under the Relevant Documents to which it is or is to be a party; all necessary corporate, shareholder and other action has been taken by each of the Relevant Parties to authorise authorize the execution, delivery and performance of the Relevant Documents to which it is or is to be a party;

Appears in 1 contract

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

Primary representations and warranties. Each of the Relevant Parties represents and warrants to the Bank that: 4.1.1 Existing representations and warranties the representations and warranties set out in clause 7 of the Principal Agreement, clause 4 of each Owner’s 's Guarantee and clause 3 of each Manager’s 's Undertaking were true and correct on the date of the Principal Agreement and are true and correct, including to the extent that they may have been or shall be amended by this Agreement, as if made at the date of this Agreement with reference to the facts and circumstances existing at such date; 4.1.2 Corporate power each of the Relevant Parties has power to execute, deliver and perform its obligations under the Relevant Documents to which it is or is to be a party; all necessary corporate, shareholder and other action has been taken by each of the Relevant Parties to authorise the execution, delivery and performance of the Relevant Documents to which it is or is to be a party;

Appears in 1 contract

Samples: Seventh Supplemental Agreement (Globus Maritime LTD)

Primary representations and warranties. Each of the Relevant Parties represents and warrants to the Bank Creditors that: 4.1.1 Existing representations and warranties each of the representations and warranties set out in clause 7 of the Principal Agreement, Agreement and clause 4 of each Owner’s Guarantee and clause 3 of each Manager’s Undertaking the Corporate Guarantees were true and correct on the date of the Principal Agreement and the relevant Corporate Guarantee, respectively, and are true and correct, including to the extent that they may have been or shall be amended by this Agreement, as if made at the date of this Agreement with reference to the facts and circumstances existing at such date; 4.1.2 Corporate power each of the Relevant Parties has power to execute, deliver and perform its obligations under the Relevant Documents to which it is or is to be a party; all necessary corporate, shareholder and other action has been taken by each of the Relevant Parties to authorise the execution, delivery and performance of the Relevant Documents to which it is or is to be a party;

Appears in 1 contract

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

Primary representations and warranties. Each of the Relevant Parties represents and warrants to the Bank that: 4.1.1 Existing representations and warranties the representations and warranties set out in clause 7 of the Principal Agreement, clause 4 of each Owner’s the Corporate Guarantee and clause 3 of each Manager’s Undertaking were true and correct on the date of the Principal Agreement and are true and correct, including to the extent that they may have been or shall be amended by this Agreement, as if made at the date of this Agreement with reference to the facts and circumstances existing at such date; 4.1.2 Corporate power each of the Relevant Parties has power to execute, deliver and perform its obligations under the Relevant Documents to which it is or is to be a party; all necessary corporate, shareholder and other action has been taken by each of the Relevant Parties to authorise the execution, delivery and performance of the Relevant Documents to which it is or is to be a party;

Appears in 1 contract

Samples: Supplemental Agreement (Poseidon Containers Holdings Corp.)

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