Primary representations and warranties. Each of the Relevant Parties represents and warrants to the Creditor Parties that: 4.1.1 Existing representations and warranties the representations and warranties set out in clause 14 of the Principal Agreement and clause 3 of each Existing Corporate Guarantee were true and correct on the date of the Principal Agreement and each Existing 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; 4.1.4 No conflict with other obligations the execution, delivery and performance of the Relevant Documents to which it is or is to be a party by each of the Relevant Parties will not (i) contravene any existing law, statute, rule or regulation or any judgment, decree or permit to which any of the Relevant Parties is subject, (ii) conflict with, or result in any breach of any of the terms of, or constitute a default under, any agreement or other instrument to which any of the Relevant Parties is a party or is subject or by which it or any of its property is bound, (iii) contravene or conflict with any provision of the constitutional documents of any of the Relevant Parties or (iv) result in the creation or imposition of or oblige any of the Relevant Parties to create any Encumbrance (other than a Permitted Encumbrance) on any of the undertaking, assets, rights or revenues of any of the Relevant Parties; 4.1.5 No filings required it is not necessary to ensure the legality, validity, enforceability or admissibility in evidence of any of the Relevant Documents that they or any other instrument be notarised, filed, recorded, registered or enrolled in any court, public office or elsewhere in any Relevant Jurisdiction or that any stamp, registration or similar tax or charge be paid in any Relevant Jurisdiction on or in relation to the Relevant Documents and each of the Relevant Documents is in proper form for its enforcement in the courts of each Relevant Jurisdiction; 4.1.6 Choice of law the choice of English law to govern the Relevant Documents and the submissions by the Relevant Parties to the non-exclusive jurisdiction of the English courts are valid and binding; and 4.1.7 Consents obtained every consent, authorisation, licence or approval of, or registration or declaration to, governmental or public bodies or authorities or courts required by any of the Relevant Parties in connection with the execution, delivery, validity, enforceability or admissibility in evidence of the Relevant Documents to which it Is or will become a party or the performance by any of the Relevant Parties of their respective obligations under such documents has been obtained or made and is in full force and effect and there has been no default in the observance of any conditions or restrictions (if any) imposed in, or in connection with, any of the same.
Appears in 2 contracts
Samples: Supplemental Agreement (Aegean Marine Petroleum Network Inc.), Supplemental Agreement (Aegean Marine Petroleum Network Inc.)
Primary representations and warranties. Each of the Relevant Parties represents and warrants to the Creditor Parties Creditors that:
4.1.1 Existing representations and warranties each of the representations and warranties set out in clause 14 7 of the Principal Agreement Agreement, clause 4 of each of the Corporate Guarantees and clause 3 of each Existing Corporate Guarantee Manager's Undertaking were true and correct on the date of the Principal Agreement Agreement, the relevant Corporate Guarantee and each Existing Corporate GuaranteeManager's Undertaking, respectively, and are true and correct, 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;
4.1.4 No conflict with other obligations the execution, delivery and performance of the Relevant Documents to which it is or is to be a party by each of the Relevant Parties will not (i) contravene any existing law, statute, rule or regulation or any judgment, decree or permit to which any of the Relevant Parties is subject, (ii) conflict with, or result in any breach of any of the terms of, or constitute a default under, any agreement or other instrument to which any of the Relevant Parties is a party or is subject or by which it or any of its property is bound, bound or (iii) contravene or conflict with any provision of the constitutional documents of any of the Relevant Parties or (iv) result in the creation or imposition of or oblige any of the Relevant Parties to create any Encumbrance (other than a Permitted Encumbrance) on any of the undertakingundertakings, assets, rights or revenues of any of the Relevant Parties;
4.1.5 No filings required save for the registration of the Collateral Mortgage with the New Register, it is not necessary to ensure the legality, validity, enforceability or admissibility in evidence of any of the Relevant Documents that they or any other instrument be notarised, filed, recorded, registered or enrolled in any court, public office or elsewhere in any Relevant Jurisdiction or that any stamp, registration or similar tax or charge be paid in any Relevant Jurisdiction on or in relation to the Relevant Documents and each of the Relevant Documents is in proper form for its enforcement in the courts of each Relevant Jurisdiction;
4.1.6 Choice of law the choice of English law to govern the Relevant Documents and the submissions by the Relevant Parties to the non-exclusive jurisdiction of the English courts are valid and binding; and
4.1.7 Consents obtained every consent, authorisation, licence or approval of, or registration or declaration to, governmental or public bodies or authorities or courts required by any of the Relevant Parties in connection with the execution, delivery, validity, enforceability or admissibility in evidence of the Relevant Documents to which it Is or will become a party or the performance by any of the Relevant Parties of their respective obligations under such documents has been obtained or made and is in full force and effect and there has been no default in the observance of any conditions or restrictions (if any) imposed in, or in connection with, any of the same.
Appears in 2 contracts
Samples: Loan Agreement (Aegean Marine Petroleum Network Inc.), Third Supplemental Agreement (Aegean Marine Petroleum Network Inc.)
Primary representations and warranties. Each of the Relevant Parties represents represent and warrants warrant to the Creditor Parties Bank that:
4.1.1 Existing representations and warranties the representations and warranties set out in clause 14 7 of the Principal Agreement Agreement, clause 4 of the Principal Guarantee and clause 3 4 of each Existing Corporate Guarantee Manager’s Undertaking were true and correct on the date of the Principal Agreement and each Existing Corporate Guarantee, respectively, relevant document 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 it has power to execute, deliver and perform its obligations under the each Relevant Documents Document to which it is or is to be will become, a party; all necessary corporate, shareholder and other action has been taken by each of the Relevant Parties it to authorise the execution, delivery and performance of the each Relevant Documents Document to which it is or is to be will become, a party;
4.1.3 Binding obligations this Agreement and the other Relevant Documents to which it is is, or is to be will become, a party constitute its valid and legally binding obligations of each of the Relevant Parties enforceable in accordance with their its terms;
4.1.4 No conflict with other obligations the execution, delivery and performance of the each Relevant Documents Document to which it is is, or is to be will become, a party by each of the such Relevant Parties Party will not (i) contravene any existing law, statute, rule or regulation or any judgment, decree or permit to which any of the such Relevant Parties Party is subject, (ii) conflict with, or result in any breach of any of the terms of, or constitute a default under, any agreement or other instrument to which any of the such Relevant Parties is a party or Party is subject or by which it or any of its property is bound, bound or (iii) contravene or conflict with any provision of the constitutional documents of any of the such Relevant Parties Party or (iv) result in the creation or imposition of or oblige any of the such Relevant Parties Party to create any Encumbrance (other than a Permitted Encumbrance) on any of the undertakingits undertakings, assets, rights or revenues of any of the Relevant Partiesrevenues;
4.1.5 No filings required it is not necessary to ensure the legality, validity, enforceability or admissibility in evidence of any of the each Relevant Documents Document to which it is, or will become, a party that they it or any other instrument be notarised, filed, recorded, registered or enrolled in any court, public office or elsewhere in any Relevant Jurisdiction or that any stamp, registration or similar tax or charge be paid in any Relevant Jurisdiction on or in relation to the such Relevant Documents Document and each of the Relevant Documents Document to which it is, or will become, a party is in proper form for its enforcement in the courts of each Relevant Jurisdiction;
4.1.6 Choice of law the choice of English law to govern the Relevant Documents and the submissions by the Relevant Parties to the non-exclusive jurisdiction of the English courts are valid and binding; and
4.1.7 Consents obtained every consent, authorisation, licence or approval of, or registration or declaration to, governmental or public bodies or authorities or courts required by any of the Relevant Parties in connection with the execution, delivery, validity, enforceability or admissibility in evidence of the Relevant Documents to which it Is or will become a party or the performance by any of the Relevant Parties of their respective obligations under such documents has been obtained or made and is in full force and effect and there has been no default in the observance of any conditions or restrictions (if any) imposed in, or in connection with, any of the same.
Appears in 1 contract
Primary representations and warranties. Each of the Relevant Parties represents and warrants to the Creditor Parties Bank that:
4.1.1 5.1.1 Existing representations and warranties each of the representations and warranties set out in clause 14 7 of the Principal Agreement and clause 3 4 of each Existing the Corporate Guarantee were true and correct on the date of the Principal Agreement and each Existing 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 datedate and as if reference therein to "Security Parties" or "Borrowers" included reference to the New Borrower;
4.1.2 5.1.2 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 partyparty and no limitation on the powers of the New Borrower to borrow will be exceeded as a result of the New Borrower becoming indebted to the Bank in respect of the Loan pursuant to this Agreement or as a result of the New Borrower becoming one of "Party B" (jointly and severally with the other Borrowers) under the Master Swap Agreement;
4.1.3 5.1.3 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;
4.1.4 5.1.4 No conflict with other obligations the execution, delivery and performance of the Relevant Documents to which it is or is to be a party by each of the Relevant Parties will not (i) contravene any existing law, statute, rule or regulation or any judgment, decree or permit to which any of the Relevant Parties is subject, (ii) conflict with, or result in any breach of any of the terms of, or constitute a default under, any agreement or other instrument to which any of the Relevant Parties is a party or is subject or by which it or any of its property is bound, bound or (iii) contravene or conflict with any provision of the constitutional documents of any of the Relevant Parties or (iv) result in the creation or imposition of or oblige any of the Relevant Parties to create any Encumbrance (other than a Permitted Encumbrance) on any of the undertaking, assets, rights or revenues of any of the Relevant Parties;
4.1.5 5.1.5 No filings required it is not necessary to ensure the legality, validity, enforceability or admissibility in evidence of any of the Relevant Documents that they or any other instrument be notarised, filed, recorded, registered or enrolled in any court, public office or elsewhere in any Relevant Jurisdiction or that any stamp, registration or similar tax or charge be paid in any Relevant Jurisdiction on or in relation to the Relevant Documents and each of the Relevant Documents is in proper form for its enforcement in the courts of each Relevant Jurisdiction;
4.1.6 5.1.6 Choice of law the choice of English law to govern the Relevant Documents and the submissions by the Relevant Parties to the non-exclusive jurisdiction of the English courts are valid and binding; and
4.1.7 5.1.7 Consents obtained every consent, authorisation, licence or approval of, or registration or declaration to, governmental or public bodies or authorities or courts required by any of the Relevant Parties in connection with the execution, delivery, validity, enforceability or admissibility in evidence of the Relevant Documents to which it Is is or will become a party or the performance by any of the Relevant Parties of their respective obligations under such documents has been obtained or made and is in full force and effect and there has been no default in the observance of any conditions or restrictions (if any) imposed in, or in connection with, any of the same.
Appears in 1 contract
Samples: Eighth Supplemental Agreement (Aegean Marine Petroleum Network Inc.)
Primary representations and warranties. Each of the Relevant Parties Borrowers and the Corporate Guarantor represents and warrants to the Creditor Parties Creditors that:
4.1.1 (a) Existing representations and warranties the representations and warranties set out in clause 14 7 of the Principal Agreement and clause 3 4 of each Existing the Corporate Guarantee were true and correct on the date of the Principal Agreement and each Existing 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 (b) 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 (c) 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;
4.1.4 (d) No conflict with other obligations the execution, delivery and performance of the Relevant Documents to which it is or is to be a party by each of the Relevant Parties will not (i) contravene any existing law, statute, rule or regulation or any judgment, decree or permit to which any of the Relevant Parties is subject, (ii) conflict with, or result in any breach of any of the terms of, or constitute a default under, any agreement or other instrument to which any of the Relevant Parties is a party or is subject or by which it or any of its property is bound, bound or (iii) contravene or conflict with any provision of the constitutional documents of any of the Relevant Parties or (iv) result in the creation or imposition of or oblige any of the Relevant Parties to create any Encumbrance Security Interest (other than a Permitted EncumbranceSecurity Interest) on any of the undertaking, assets, rights or revenues of any of the Relevant Parties;
4.1.5 (e) No filings required save for the registration of the New Earnings Account Pledges against the relevant Borrower at the Register of Registered Charges in the British Virgin Islands in accordance with Section 163 of the British Virgin Islands Business Companies Act, 2004, it is not necessary to ensure the legality, validity, enforceability or admissibility in evidence of any of the Relevant Documents that they or any other instrument be notarised, filed, recorded, registered or enrolled in any court, public office or elsewhere in any Relevant Jurisdiction or that any stamp, registration or similar tax or charge be paid in any Relevant Jurisdiction on or in relation to the Relevant Documents and each of the Relevant Documents is in proper form for its enforcement in the courts of each Relevant Jurisdiction;
4.1.6 (f) Choice of law the choice of English law to govern the Relevant Documents (other than the New Earnings Account Pledges) and Greek law to govern the New Earnings Account Pledges, and the submissions by the Relevant Parties therein to the non-exclusive jurisdiction of the English courts or (as the case may be) Greek courts, are valid and binding; and
4.1.7 (g) Consents obtained every consent, authorisation, licence or approval of, or registration or declaration to, governmental or public bodies or authorities or courts required by any of the Relevant Parties in connection with the execution, delivery, validity, enforceability or admissibility in evidence of the Relevant Documents to which it Is is or will become a party or the performance by any of the Relevant Parties of their respective obligations under such documents has been obtained or made and is in full force and effect and there has been no default in the observance of any conditions or restrictions (if any) imposed in, or in connection with, any of the same.
Appears in 1 contract
Samples: Fifth Supplemental Agreement (Seanergy Maritime Holdings Corp.)
Primary representations and warranties. Each of the Relevant Parties represents and warrants to the Creditor Parties Bank that:
4.1.1 Existing representations and warranties the representations and warranties set out in clause 14 7 of the Principal Agreement Agreement, clause 4 of each Owner’s Guarantee and clause 3 of each Existing Corporate Guarantee Manager’s Undertaking were true and correct on the date of the Principal Agreement and each Existing 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;
4.1.4 No conflict with other obligations the execution, delivery and performance of the Relevant Documents to which it is or is to be a party by each of the Relevant Parties will not (i) contravene any existing law, statute, rule or regulation or any judgment, decree or permit to which any of the Relevant Parties is subject, (ii) conflict with, or result in any breach of any of the terms of, or constitute a default under, any agreement or other instrument to which any of the Relevant Parties is a party or is subject or by which it or any of its property is bound, bound or (iii) contravene or conflict with any provision of the constitutional documents of any of the Relevant Parties or (iv) result in the creation or imposition of or oblige any of the Relevant Parties to create any Encumbrance (other than a Permitted Encumbrance) on any of the undertaking, assets, rights or revenues of any of the Relevant Parties;
4.1.5 No filings required save for the registration of the New Mortgages with the relevant Registry, it is not necessary to ensure the legality, validity, enforceability or admissibility in evidence of any of the Relevant Documents that they or any other instrument be notarised, filed, recorded, registered or enrolled in any court, public office or elsewhere in any Relevant Jurisdiction or that any stamp, registration or similar tax or charge be paid in any Relevant Jurisdiction on or in relation to the Relevant Documents and each of the Relevant Documents is in proper form for its enforcement in the courts of each Relevant Jurisdiction;
4.1.6 Choice of law the choice of English law to govern this Agreement and the Relevant Documents choice of the laws of the Republic of Liberia to govern the New Mortgages and the submissions by the Relevant Parties to the non-exclusive jurisdiction of the English courts courts, are valid and binding; and
4.1.7 Consents obtained every consent, authorisation, licence or approval of, or registration or declaration to, governmental or public bodies or authorities or courts required by any of the Relevant Parties in connection with the execution, delivery, validity, enforceability or admissibility in evidence of the Relevant Documents to which it Is is or will become a party or the performance by any of the Relevant Parties of their respective obligations under such documents has been obtained or made and is in full force and effect and there has been no default in the observance of any conditions or restrictions (if any) imposed in, or in connection with, any of the same.
Appears in 1 contract
Primary representations and warranties. Each of the Relevant Parties represents and warrants to the Creditor Parties Creditors that:
4.1.1 (a) Existing representations and warranties each of the representations and warranties set out in clause 14 7 of the Principal Agreement Agreement, clause 4 of each of the Corporate Guarantees and clause 3 4 of each Existing Corporate Guarantee of the Collateral Guarantees were true and correct on the date of the Principal Agreement Agreement, the relevant Corporate Guarantee and each Existing Corporate the relevant Collateral 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 datedate and as if reference therein to "Security Parties" or "Borrowers" included reference to the New Borrower;
4.1.2 (b) 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 partyparty and no limitation on the powers of the New Borrower to borrow will be exceeded as a result of the New Borrower becoming indebted to the Banks in respect of the Loan pursuant to this Agreement or as a result of the New Borrower becoming one of "Party A" (jointly and severally with the other Borrowers) under each Master Swap Agreement;
4.1.3 (c) 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;
4.1.4 (d) No conflict with other obligations the execution, delivery and performance of the Relevant Documents to which it is or is to be a party by each of the Relevant Parties will not (i) contravene any existing law, statute, rule or regulation or any judgment, decree or permit to which any of the Relevant Parties is subject, (ii) conflict with, or result in any breach of any of the terms of, or constitute a default under, any agreement or other instrument to which any of the Relevant Parties is a party or is subject or by which it or any of its property is bound, bound or (iii) contravene or conflict with any provision of the constitutional documents of any of the Relevant Parties or (iv) result in the creation or imposition of or oblige any of the Relevant Parties to create any Encumbrance (other than a Permitted Encumbrance) on any of the undertakingundertakings, assets, rights or revenues of any of the Relevant Parties;
4.1.5 (e) No filings required save for the registration of the New Mortgage with the relevant Registry, it is not necessary to ensure the legality, validity, enforceability or admissibility in evidence of any of the Relevant Documents that they or any other instrument be notarised, filed, recorded, registered or enrolled in any court, public office or elsewhere in any Relevant Jurisdiction or that any stamp, registration or similar tax or charge be paid in any Relevant Jurisdiction on or in relation to the Relevant Documents and each of the Relevant Documents is in proper form for its enforcement in the courts of each Relevant Jurisdiction;
4.1.6 (f) Choice of law the choice of English law to govern the Relevant Documents (other than the New Lefkas Operating Account Pledge and the New Mortgage), the choice of Greek law to govern the New Lefkas Operating Account Pledge and the choice of Liberian law to govern the New Mortgage and the submissions therein by the Relevant Parties to the non-exclusive jurisdiction of the English courts or (as the case may be) the courts of Greece, are valid and binding; and
4.1.7 (g) Consents obtained every consent, authorisation, licence or approval of, or registration or declaration to, governmental or public bodies or authorities or courts required by any of the Relevant Parties in connection with the execution, delivery, validity, enforceability or admissibility in evidence of the Relevant Documents to which it Is is or will become a party or the performance by any of the Relevant Parties of their respective obligations under such documents has been obtained or made and is in full force and effect and there has been no default in the observance of any conditions or restrictions (if any) imposed in, or in connection with, any of the same.
Appears in 1 contract
Samples: Ninth Supplemental Agreement (Aegean Marine Petroleum Network Inc.)
Primary representations and warranties. Each of the Relevant Parties Party represents and warrants to the Creditor Finance Parties that:
4.1.1 Existing representations and warranties the representations and warranties set out in clause 14 19 (Representations) of the Principal Agreement and clause 3 of each Existing Corporate Guarantee were true and correct on the date of the Principal Agreement and each Existing Corporate Guarantee, respectively, and are true and correct, including to the extent that they may have been or shall be amended by this AgreementAgreement , 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 partyparty to; 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 partyparty to;
4.1.3 Binding obligations the each Relevant Documents to which it is or is to be a party constitute Document constitutes valid and legally binding obligations of each of the Relevant Parties being a party thereto enforceable in accordance with their its terms;
4.1.4 No conflict with other obligations the execution, delivery and performance of the Relevant Documents to which it is or is to be a party this Agreement by each of the Relevant Parties will not (i) contravene any existing law, statute, rule or regulation or any judgment, decree or permit to which any of the Relevant Parties is subject, (ii) conflict with, or result in any breach of any of the terms of, or constitute a default under, any agreement or other instrument to which any of the Relevant Parties is is, or will become, a party or is subject or by which it any of the Relevant Parties or any of its property is bound, bound or (iii) contravene or conflict with any provision of the constitutional documents of any of the Relevant Parties or (iv) result in the creation or imposition of or oblige any of the Relevant Parties to create any Encumbrance (other than a Permitted Encumbrance) Security Interest on any of the undertakingits undertakings, assets, rights or revenues of any of the Relevant Partiesrevenues;
4.1.5 No filings required it is not necessary to ensure the legality, validity, enforceability or admissibility in evidence of any of the Relevant Documents Document that they it or any other instrument be notarised, filed, recorded, registered or enrolled in any court, public office or elsewhere in any Relevant Jurisdiction or that any stamp, registration or similar tax or charge be paid in any Relevant Jurisdiction on or in relation to the any Relevant Documents Document and each of the Relevant Documents is in proper form for its enforcement in the courts of each the Relevant Jurisdiction;
4.1.6 Choice of law the choice of English law to govern the Relevant Documents and the submissions by the Relevant Parties to the non-exclusive jurisdiction of the English courts are valid and binding; and
4.1.7 Consents obtained every consent, authorisation, licence or approval of, or registration or declaration to, governmental or public bodies or authorities or courts required by any of the Relevant Parties in connection with the execution, delivery, validity, enforceability or admissibility in evidence of the Relevant Documents to which it Is or will become a party or the performance by any of the Relevant Parties of their respective obligations under such documents has been obtained or made and is in full force and effect and there has been no default in the observance of any conditions or restrictions (if any) imposed in, or in connection with, any of the same.
Appears in 1 contract
Primary representations and warranties. Each of the Relevant Parties represents represent and warrants warrant to the Creditor Parties Bank that:
4.1.1 Existing representations and warranties the representations representatiohs and warranties set out in clause 14 7 of the Original Agreement, clause 4 of the First Supplemental Agreement, clause 4 of the Principal Agreement Corporate Guarantee and clause 3 4 of each Existing Corporate Guarantee Manager’s Undertaking were true and correct on the date of the Principal Agreement and each Existing Corporate Guarantee, respectively, relevant document 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 it has power to execute, deliver and perform its obligations under the each Relevant Documents Document to which it is or is to be will become, a party; all necessary corporate, shareholder and other action has been taken by each of the Relevant Parties it to authorise the execution, delivery and performance of the each Relevant Documents Document to which it is or is to be will become, a party;
4.1.3 Binding obligations this Agreement and the other Relevant Documents to which it is is, or is to be will become, a party constitute its valid and legally binding obligations of each of the Relevant Parties enforceable in accordance with their its terms;
4.1.4 No conflict with other obligations the execution, delivery and performance of the each Relevant Documents Document to which it is is, or is to be will become, a party by each of the such Relevant Parties Party will not (i) contravene any existing law, statute, rule or regulation or any judgment, decree or permit to which any of the such Relevant Parties Party is subject, (ii) conflict with, or result in any breach of any of the terms of, or constitute a default under, any agreement or other instrument to which any of the such Relevant Parties is a party or Party is subject or by which it or any of its property is bound, bound or (iii) contravene or conflict with any provision of the constitutional documents of any of the such Relevant Parties Party or (iv) result in the creation or imposition of or oblige any of the such Relevant Parties Party to create any Encumbrance (other than a Permitted Encumbrance) on any of the undertakingits undertakings, assets, rights or revenues of any of the Relevant Partiesrevenues;
4.1.5 No filings required save for the registration of the Artful Mortgage Amendment through the relevant Registry, it is not necessary to ensure the legality, validity, enforceability or admissibility in evidence of any of the each Relevant Documents Document to which it is, or will become, a party that they it or any other instrument be notarised, filed, recorded, registered or enrolled in any court, public office or elsewhere in any Relevant Jurisdiction or that any stamp, registration or similar tax or charge be paid in any Relevant Jurisdiction on or in relation to the such Relevant Documents Document and each of the Relevant Documents Document to which it is, or will become, a party is in proper form for its enforcement in the courts of each Relevant Jurisdiction;
4.1.6 Choice of law the choice of English law to govern the Relevant Documents (other than the Artful Mortgage Amendment), the choice of Mxxxxxxx Islands law to govern the Artful Mortgage Amendment and the submissions submission by the such Relevant Parties Party to the non-exclusive jurisdiction of the English courts are valid and binding; and
4.1.7 Consents obtained every consent, authorisation, licence or approval of, or registration or declaration to, governmental or public bodies or authorities or courts required by any of the such Relevant Parties Party in connection with the execution, delivery, validity, enforceability or admissibility in evidence of the each Relevant Documents Document to which it Is is, or will become become, a party or the performance by any such Relevant Party of the Relevant Parties of their respective its obligations under such documents each Relevant Document to which it is, or will become, a party has been obtained or made and is in full force and effect and there has been no default in the observance of any conditions or restrictions (if any) imposed in, or in connection with, any of the same.
Appears in 1 contract
Samples: Second Supplemental Agreement (Globus Maritime LTD)
Primary representations and warranties. Each of the Relevant Parties represents and warrants to the Creditor Parties Bank that:
4.1.1 Existing representations and warranties each of the representations and warranties set out in clause 14 7 of the Principal Agreement and clause 3 4 of each Existing the Corporate Guarantee were true and correct on the date of the Principal Agreement and each Existing 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;
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;
4.1.4 No conflict with other obligations the execution, delivery and performance of the Relevant Documents to which it is or is to be a party by each of the Relevant Parties will not (i) contravene any existing law, statute, rule or regulation or any judgment, decree or permit to which any of the Relevant Parties is subject, (ii) conflict with, or result in any breach of any of the terms of, or constitute a default under, any agreement or other instrument to which any of the Relevant Parties is a party or is subject or by which it or any of its property is bound, bound or (iii) contravene or conflict with any provision of the constitutional documents of any of the Relevant Parties or (iv) result in the creation or imposition of or oblige any of the Relevant Parties to create any Encumbrance (other than a Permitted Encumbrance) on any of the undertakingundertakings, assets, rights or revenues of any of the Relevant Parties;
4.1.5 No filings required save for the registration of any Mortgage Addenda with the relevant Registry, it is not necessary to ensure the legality, validity, enforceability or admissibility in evidence of any of the Relevant Documents that they or any other instrument be notarised, filed, recorded, registered or enrolled in any court, public office or elsewhere in any Relevant Jurisdiction or that any stamp, registration or similar tax or charge be paid in any Relevant Jurisdiction on or in relation to the Relevant Documents and each of the Relevant Documents is in proper form for its enforcement in the courts of each Relevant Jurisdiction;
4.1.6 Choice of law the choice of English law to govern the Relevant Documents and the submissions by the Relevant Parties to the non-exclusive jurisdiction of the English courts are valid and binding; and
4.1.7 Consents obtained every consent, authorisation, licence or approval of, or registration or declaration to, governmental or public bodies or authorities or courts required by any of the Relevant Parties in connection with the execution, delivery, validity, enforceability or admissibility in evidence of the Relevant Documents to which it Is or will become a party or the performance by any of the Relevant Parties of their respective obligations under such documents has been obtained or made and is in full force and effect and there has been no default in the observance of any conditions or restrictions (if any) imposed in, or in connection with, any of the same.
Appears in 1 contract
Samples: Supplemental Agreement (Aegean Marine Petroleum Network Inc.)
Primary representations and warranties. Each of the Relevant Parties represents and warrants to the Creditor Parties Bank that:
4.1.1 Existing representations and warranties each of the representations and warranties set out in clause 14 7 of the Principal Agreement and clause 3 4 of each Existing Corporate the Marine Guarantee were true and correct on the date of the Principal Agreement and each Existing Corporate the Marine 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 each of the Relevant Parties is or is to be a party constitute valid and legally binding obligations of each of the Relevant Parties enforceable in accordance with their respective terms;
4.1.4 No conflict with other obligations the execution, delivery and performance of the Relevant Documents to which it each of the Relevant Parties is or is to be a party by each of the such Relevant Parties Party will not (i) contravene any existing law, statute, rule or regulation or any judgment, decree or permit to which any of the Relevant Parties it is subject, (ii) conflict with, or result in any breach of any of the terms of, or constitute a default under, any agreement or other instrument to which any of the Relevant Parties it is a party or is subject or by which it or any of its property is bound, bound or (iii) contravene or conflict with any provision of the its constitutional documents of any of the Relevant Parties or (iv) result in the creation or imposition of or oblige any of the Relevant Parties it to create any Encumbrance (other than a Permitted Encumbrance) on any of the its undertaking, assets, rights or revenues of any of the Relevant Partiesrevenues;
4.1.5 No filings required save for the registration of the Mortgage Addenda with the relevant Registry, it is not necessary to ensure the legality, validity, enforceability or admissibility in evidence of any of the Relevant Documents that they or any other instrument be notarised, filed, recorded, registered or enrolled in any court, public office or elsewhere in any Relevant Jurisdiction or that any stamp, registration or similar tax or charge be paid in any Relevant Jurisdiction on or in relation to the Relevant Documents and each of the Relevant Documents is in proper form for its enforcement in the courts of each Relevant Jurisdiction;
4.1.6 Choice of law the choice of English law to govern the Relevant Documents and the submissions by the Relevant Parties to the non-exclusive jurisdiction of the English courts are valid and binding; and
4.1.7 Consents obtained every consent, authorisation, licence or approval of, or registration or declaration to, governmental or public bodies or authorities or courts required by any of the Relevant Parties in connection with the execution, delivery, validity, enforceability or admissibility in evidence of the Relevant Documents to which it Is or will become a party or the performance by any of the Relevant Parties of their respective obligations under such documents has been obtained or made and is in full force and effect and there has been no default in the observance of any conditions or restrictions (if any) imposed in, or in connection with, any of the same.
Appears in 1 contract
Samples: Loan Agreement (Aegean Marine Petroleum Network Inc.)
Primary representations and warranties. Each of the Relevant Parties The Borrower represents and warrants to the Creditor Parties Bank that:
4.1.1 Existing representations and warranties the representations and warranties set out in clause 14 8 of the Principal Agreement and clause 3 of each Existing Corporate Guarantee were true and correct on the date of the Principal Agreement and each Existing 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;
4.1.4 No conflict with other obligations the execution, delivery and performance of the Relevant Documents to which it is or is to be a party by each of the Relevant Parties will not (i) contravene any existing law, statute, rule or regulation or any judgment, decree or permit to which any of the Relevant Parties is subject, (ii) conflict with, or result in any breach of any of the terms of, or constitute a default under, any agreement or other instrument to which any of the Relevant Parties is a party or is subject or by which it any of the Relevant Parties or any of its property is bound, bound or (iii) contravene or conflict with any provision of the constitutional documents of any of the Relevant Parties or (iv) result in the creation or imposition of or oblige any of the Relevant Parties to create any Encumbrance (other than a Permitted Encumbrance) on any of the undertakingtheir undertakings, assets, rights or revenues of any of the Relevant Parties;
4.1.5 No filings required it is not necessary to ensure the legality, validity, enforceability or admissibility in evidence of any of the Relevant Documents that they or any other instrument be notarised, filed, recorded, registered or enrolled in any court, public office or elsewhere in any Relevant Jurisdiction or that any stamp, registration or similar tax or charge be paid in any Relevant Jurisdiction on or in relation to the Relevant Documents and each of the Relevant Documents is in proper form for its enforcement in the courts of each the Relevant Jurisdiction;
4.1.6 Choice of law the choice of English law to govern the Relevant Documents and the submissions by the Relevant Parties to the non-exclusive jurisdiction of the English courts are valid and binding; and
4.1.7 Consents obtained every consent, authorisation, licence or approval of, or registration or declaration to, governmental or public bodies or authorities or courts required by any of the Relevant Parties in connection with the execution, delivery, validity, enforceability or admissibility in evidence of the Relevant Documents to which it Is is or will become is to be a party or the performance by any each Relevant Party of the Relevant Parties of their respective its obligations under such documents document has been obtained or made and is in full force and effect and there has been no default in the observance of any conditions or restrictions (if any) imposed in, or in connection with, any of the same.
Appears in 1 contract
Primary representations and warranties. Each of the Relevant Parties represents and warrants to the Creditor Parties Bank that:
4.1.1 Existing representations and warranties the representations and warranties set out in clause 14 7 of the Principal Agreement and clause 3 of each Existing Corporate Guarantee were true and correct on the date of the Principal Agreement and each Existing 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;
4.1.4 No conflict with other obligations the execution, delivery and performance of the Relevant Documents to which it is or is to be a party by each of the Relevant Parties will not (i) contravene any existing law, statute, rule or regulation or any judgment, decree or permit to which any of the Relevant Parties is subject, (ii) conflict with, or result in any breach of any of the terms of, or constitute a default under, any agreement or other instrument to which any of the Relevant Parties is a party or is subject or by which it or any of its property is bound, bound or (iii) contravene or conflict with any provision of the constitutional documents of any of the Relevant Parties or (iv) result in the creation or imposition of or oblige any of the Relevant Parties to create any Encumbrance (other than a Permitted Encumbrance) on any of the undertaking, assets, rights or revenues of any of the Relevant Parties;
4.1.5 No filings required save for the registration of the Syros Mortgage Addendum with the relevant Registry, it is not necessary to ensure the legality, validity, enforceability or admissibility in evidence of any of the Relevant Documents that they or any other instrument be notarised, filed, recorded, registered or enrolled in any court, public office or elsewhere in any Relevant Jurisdiction or that any stamp, registration or similar tax or charge be paid in any Relevant Jurisdiction on or in relation to the Relevant Documents and each of the Relevant Documents is in proper form for its enforcement in the courts of each Relevant Jurisdiction;
4.1.6 Choice of law the choice of English law to govern the Relevant Documents and the submissions by the Relevant Parties to the non-exclusive jurisdiction of the English courts are valid and binding; and
4.1.7 Consents obtained every consent, authorisation, licence or approval of, or registration or declaration to, governmental or public bodies or authorities or courts required by any of the Relevant Parties in connection with the execution, delivery, validity, enforceability or admissibility in evidence of the Relevant Documents to which it Is or will become a party or the performance by any of the Relevant Parties of their respective obligations under such documents has been obtained or made and is in full force and effect and there has been no default in the observance of any conditions or restrictions (if any) imposed in, or in connection with, any of the same.
Appears in 1 contract
Samples: Supplemental Agreement (Aegean Marine Petroleum Network Inc.)
Primary representations and warranties. Each of the Relevant Parties represents and warrants to the Creditor Parties Bank that:
4.1.1 Existing representations and warranties the representations and warranties set out in clause 14 7 of the Original Agreement, clause 4 of the First Supplemental Agreement, clause 4 of the Second Supplemental Agreement, clause 4 of the Third Supplemental Agreement clause 4 of the Principal Agreement Corporate Guarantee and clause 3 4 of each Existing Corporate Guarantee Manager’s Undertaking were true and correct on the date of the Principal Agreement and each Existing Corporate Guarantee, respectively, relevant document 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 it has power to execute, deliver and perform its obligations under the each Relevant Documents Document to which it is or is to be will become, a party; all necessary corporate, shareholder and other action has been taken by each of the Relevant Parties it to authorise the execution, delivery and performance of the each Relevant Documents Document to which it is or is to be will become, a party;
4.1.3 Binding obligations this Agreement and the other Relevant Documents to which it is is, or is to be will become, a party constitute its valid and legally binding obligations of each of the Relevant Parties enforceable in accordance with their its terms;
4.1.4 No conflict with other obligations the execution, delivery and performance of the each Relevant Documents Document to which it is is, or is to be will become, a party by each of the such Relevant Parties Party will not (i) contravene any existing law, statute, rule or regulation or any judgment, decree or permit to which any of the such Relevant Parties Party is subject, (ii) conflict with, or result in any breach of any of the terms of, or constitute a default under, any agreement or other instrument to which any of the such Relevant Parties is a party or Party is subject or by which it or any of its property is bound, bound or (iii) contravene or conflict with any provision of the constitutional documents of any of the such Relevant Parties Party or (iv) result in the creation or imposition of or oblige any of the such Relevant Parties Party to create any Encumbrance (other than a Permitted Encumbrance) on any of the undertakingits undertakings, assets, rights or revenues of any of the Relevant Partiesrevenues;
4.1.5 No filings required save for the registration of the Artful Mortgage Amendment through the relevant Registry, it is not necessary to ensure the legality, validity, enforceability or admissibility in evidence of any of the each Relevant Documents Document to which it is, or will become, a party that they it or any other instrument be notarised, filed, recorded, registered or enrolled in any court, public office or elsewhere in any Relevant Jurisdiction or that any stamp, registration or similar tax or charge be paid in any Relevant Jurisdiction on or in relation to the such Relevant Documents Document and each of the Relevant Documents Document to which it is, or will become, a party is in proper form for its enforcement in the courts of each Relevant Jurisdiction;
4.1.6 Choice of law the choice of English law to govern the Relevant Documents (other than the Artful Mortgage Amendment), the choice of Xxxxxxxx Islands law to govern the Artful Mortgage Amendment and the submissions submission by the such Relevant Parties Party to the non-exclusive jurisdiction of the English courts are valid and binding; and
4.1.7 Consents obtained every consent, authorisation, licence or approval of, or registration or declaration to, governmental or public bodies or authorities or courts required by any of the such Relevant Parties Party in connection with the execution, delivery, validity, enforceability or admissibility in evidence of the each Relevant Documents Document to which it Is is, or will become become, a party or the performance by any such Relevant Party of the Relevant Parties of their respective its obligations under such documents each Relevant Document to which it is, or will become, a party has been obtained or made and is in full force and effect and there has been no default in the observance of any conditions or restrictions (if any) imposed in, or in connection with, any of the same.
Appears in 1 contract
Samples: Fourth Supplemental Agreement (Globus Maritime LTD)
Primary representations and warranties. Each of the Relevant Parties represents and warrants to the Creditor Parties Creditors that:
4.1.1 5.1.1 Existing representations and warranties each of the representations and warranties set out in clause 14 7 of the Principal Agreement and clause 3 4 of each Existing of the Corporate Guarantee Guarantees were true and correct on the date of the Principal Agreement and each Existing 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 datedate and as if reference therein to "Security Parties" or "Borrowers" included reference to the New Borrower;
4.1.2 5.1.2 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 partyparty and no limitation on the powers of the New Borrower to borrow will be exceeded as a result of the New Borrower becoming indebted to the Banks in respect of the Loan pursuant to this Agreement or as a result of the New Borrower becoming one of "Party A" (jointly and severally with the other Borrowers) under the Master Swap Agreement;
4.1.3 5.1.3 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;
4.1.4 5.1.4 No conflict with other obligations the execution, delivery and performance of the Relevant Documents to which it is or is to be a party by each of the Relevant Parties will not (i) contravene any existing law, statute, rule or regulation or any judgment, decree or permit to which any of the Relevant Parties is subject, (ii) conflict with, or result in any breach of any of the terms of, or constitute a default under, any agreement or other instrument to which any of the Relevant Parties is a party or is subject or by which it or any of its property is bound, bound or (iii) contravene or conflict with any provision of the constitutional documents of any of the Relevant Parties or (iv) result in the creation or imposition of or oblige any of the Relevant Parties to create any Encumbrance (other than a Permitted Encumbrance) on any of the undertaking, assets, rights or revenues of any of the Relevant Parties;
4.1.5 5.1.5 No filings required it is not necessary to ensure the legality, validity, enforceability or admissibility in evidence of any of the Relevant Documents that they or any other instrument be notarised, filed, recorded, registered or enrolled in any court, public office or elsewhere in any Relevant Jurisdiction or that any stamp, registration or similar tax or charge be paid in any Relevant Jurisdiction on or in relation to the Relevant Documents and each of the Relevant Documents is in proper form for its enforcement in the courts of each Relevant Jurisdiction;
4.1.6 Choice of law the choice of English law to govern the Relevant Documents and the submissions by the Relevant Parties to the non-exclusive jurisdiction of the English courts are valid and binding; and
4.1.7 Consents obtained every consent, authorisation, licence or approval of, or registration or declaration to, governmental or public bodies or authorities or courts required by any of the Relevant Parties in connection with the execution, delivery, validity, enforceability or admissibility in evidence of the Relevant Documents to which it Is or will become a party or the performance by any of the Relevant Parties of their respective obligations under such documents has been obtained or made and is in full force and effect and there has been no default in the observance of any conditions or restrictions (if any) imposed in, or in connection with, any of the same.
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 Creditor Parties Bank that:
4.1.1 5.1.1 Existing representations and warranties each of the representations and warranties set out in clause 14 7 of the Principal Agreement and clause 3 4 of each Existing the Corporate Guarantee were true and correct on the date of the Principal Agreement and each Existing 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 datedate and as if reference therein to "Security Parties" or "Borrowers" included reference to the New Borrower;
4.1.2 5.1.2 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 partyparty and no limitation on the powers of the New Borrower to borrow will be exceeded as a result of the New Borrower becoming indebted to the Bank in respect of the Loan pursuant to this Agreement or as a result of the New Borrower becoming one of "Party B" (jointly and severally with the other Borrowers) under the Master Swap Agreement;
4.1.3 5.1.3 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;
4.1.4 5.1.4 No conflict with other obligations the execution, delivery and performance of the Relevant Documents to which it is or is to be a party by each of the Relevant Parties will not (i) contravene any existing law, statute, rule or regulation or any judgment, decree or permit to which any of the Relevant Parties is subject, (ii) conflict with, or result in any breach of any of the terms of, or constitute a default under, any agreement or other instrument to which any of the Relevant Parties is a party or is subject or by which it or any of its property is bound, bound or (iii) contravene or conflict with any provision of the constitutional documents of any of the Relevant Parties or (iv) result in the creation or imposition of or oblige any of the Relevant Parties to create any Encumbrance (other than a Permitted Encumbrance) on any of the undertaking, assets, rights or revenues of any of the Relevant Parties;
4.1.5 5.1.5 No filings required save for the registration of the New Mortgage with the relevant Registry, it is not necessary to ensure the legality, validity, enforceability or admissibility in evidence of any of the Relevant Documents that they or any other instrument be notarised, filed, recorded, registered or enrolled in any court, public office or elsewhere in any Relevant Jurisdiction or that any stamp, registration or similar tax or charge be paid in any Relevant Jurisdiction on or in relation to the Relevant Documents and each of the Relevant Documents is in proper form for its enforcement in the courts of each Relevant Jurisdiction;
4.1.6 Choice of law the choice of English law to govern the Relevant Documents and the submissions by the Relevant Parties to the non-exclusive jurisdiction of the English courts are valid and binding; and
4.1.7 Consents obtained every consent, authorisation, licence or approval of, or registration or declaration to, governmental or public bodies or authorities or courts required by any of the Relevant Parties in connection with the execution, delivery, validity, enforceability or admissibility in evidence of the Relevant Documents to which it Is or will become a party or the performance by any of the Relevant Parties of their respective obligations under such documents has been obtained or made and is in full force and effect and there has been no default in the observance of any conditions or restrictions (if any) imposed in, or in connection with, any of the same.
Appears in 1 contract
Samples: Loan Agreement (Aegean Marine Petroleum Network Inc.)
