Proceedings by individual Lender or Swap Bank. However, without the prior consent of the Majority Lenders, neither a Lender nor a Swap Bank may bring proceedings in respect of: (a) any other liability or obligation of the Borrower or a Security Party under or connected with a Finance Document or the Master Agreement; or (b) any misrepresentation or breach of warranty by the Borrower or a Security Party in or connected with a Finance Document or the Master Agreement.
Appears in 13 contracts
Samples: Loan Agreement (Paragon Shipping Inc.), Amending and Restating Agreement (Paragon Shipping Inc.), Loan Agreement (Paragon Shipping Inc.)
Proceedings by individual Lender or Swap Bank. However, without the prior consent of the Majority Lenders, neither a no Lender nor a the Swap Bank may bring proceedings in respect of:
(a) any other liability or obligation of the a Borrower or a Security Party under or connected with a Finance Document or the Master AgreementDocument; or
(b) any misrepresentation or breach of warranty by the a Borrower or a Security Party in or connected with a Finance Document or the Master AgreementDocument.
Appears in 2 contracts
Samples: Loan Agreement (Diana Shipping Inc.), Loan Agreement (Diana Shipping Inc.)
Proceedings by individual Lender or Swap Bank. However, without the prior consent of the Majority Lenders, neither a no Lender nor a the Swap Bank may bring proceedings in respect of:
(a) any other liability or obligation of the any Borrower or a Security Party under or connected with a Finance Document or the Master AgreementDocument; or
(b) any misrepresentation or breach of warranty by the any Borrower or a Security Party in or connected with a Finance Document or the Master AgreementDocument.
Appears in 2 contracts
Samples: Loan Agreement (Global Ship Lease, Inc.), Amending and Restating Agreement (Poseidon Containers Holdings Corp.)
Proceedings by individual Lender or Swap Bank. However, without the prior consent of the Majority Lenders, neither a no Lender nor a the Swap Bank may bring proceedings in respect of:
(a) any other liability or obligation of the either Borrower or a Security Party under or connected with a Finance Document or the Master AgreementDocument; or
(b) any misrepresentation or breach of warranty by the either Borrower or a Security Party in or connected with a Finance Document or the Master AgreementDocument.
Appears in 2 contracts
Samples: Loan Agreement (Diana Shipping Inc.), Loan Agreement (Star Bulk Management Inc.)
Proceedings by individual Lender or Swap Bank. However, without the prior consent of the Majority Lenders, neither a no Lender nor a and the Swap Bank may bring proceedings in respect of:
(a) any other liability or obligation of the Borrower or a Security Party under or connected with a Finance Document or the Master Agreement; or
(b) any misrepresentation or breach of warranty by the Borrower or a Security Party in or connected with a Finance Document or the Master Agreement.
Appears in 2 contracts
Samples: Loan Agreement (Danaos Corp), Loan Agreement (Capital Product Partners L.P.)
Proceedings by individual Lender or Swap Bank. However, without the prior consent of the Majority Lenders, neither a Lender nor a the Swap Bank may bring proceedings in respect of:
(a) any other liability or obligation of the Borrower or a Security Party under or connected with a Finance Document or the Master Agreement; or
(b) any misrepresentation or breach of warranty by the Borrower or a Security Party in or connected with a Finance Document or the Master Agreement.
Appears in 2 contracts
Samples: Loan Agreement (Paragon Shipping Inc.), Loan Agreement (Paragon Shipping Inc.)
Proceedings by individual Lender or Swap Bank. However, without the prior consent of the Majority Lenders, neither a no Lender nor a the Swap Bank may bring proceedings in respect of:
(a) any other liability or obligation of the either Borrower or a Security Party under or connected with a Finance Document or the Master Agreement; or
(b) any misrepresentation or breach of warranty by the either Borrower or a Security Party in or connected with a Finance Document or the Master Agreement.
Appears in 1 contract
Samples: Loan Agreement (Box Ships Inc.)
Proceedings by individual Lender or Swap Bank. However, without the prior consent of the Majority Lenders, neither a no Lender nor a the Swap Bank may bring proceedings in respect of:
(a) any other liability or obligation of the any Borrower or a Security Party under or connected with a Finance Document or the Master Agreement; or
(b) any misrepresentation or breach of warranty by the any Borrower or a Security Party in or connected with a Finance Document or the Master Agreement.
Appears in 1 contract
Samples: Loan Agreement (Box Ships Inc.)
Proceedings by individual Lender or Swap Bank. However, without the prior consent of the Majority Lenders, neither a no Lender nor a and the Swap Bank may bring proceedings in respect of:
(a) any other liability or obligation of the Borrower or a Security Party under or connected with a Finance Document or the Master Agreement; or
(b) any misrepresentation or breach of warranty by the Borrower or a Security Party in or connected with a Finance Document or the Master AgreementAgreement without the prior consent of the Majority Lenders.
Appears in 1 contract
Proceedings by individual Lender or Swap Bank. However, without the prior consent of the Majority Lenders, no Lender and neither a Lender nor a Swap Bank may bring proceedings in respect of:
(a) any other liability or obligation of the Borrower or a Security Party under or connected with a Finance Document or the a Master Agreement; or
(b) any misrepresentation or breach of warranty by the Borrower or a Security Party in or connected with a Finance Document or the a Master Agreement.
Appears in 1 contract
Samples: Loan Agreement (DryShips Inc.)
Proceedings by individual Lender or Swap Bank. However, without the prior consent of the Majority Lenders, neither a Lender nor a Swap Bank may bring proceedings in respect of:
(a) any other liability or obligation of the any Borrower or a Security Party under or connected with a Finance Document or the a Master Agreement; or
(b) any misrepresentation or breach of warranty by the any Borrower or a Security Party in or connected with a Finance Document or the a Master Agreement.
Appears in 1 contract
Proceedings by individual Lender or Swap Bank. HoweverExcept as provided in Clause 3.1, without the prior consent of the Majority Lenders, neither a no Lender nor a may, and the Swap Bank may not, bring proceedings in respect of:
(a) any other liability or obligation of the Borrower or a Security Party under or connected with a Finance Document or the Master Agreement; or
(b) any misrepresentation or breach of warranty by the Borrower or a Security Party in or connected with a Finance Document or the Master Agreement.
Appears in 1 contract
Proceedings by individual Lender or Swap Bank. However, without the prior consent of the Majority Lenders, neither a no Lender nor a and Swap Bank may bring proceedings in respect of:
(a) any other liability or obligation of the Borrower or a Security Party under or connected with a Finance Document or the Master AgreementAgreements; or
(b) any misrepresentation or breach of warranty by the Borrower or a Security Party in or connected with a Finance Document or the Master AgreementAgreements.
Appears in 1 contract
Samples: Loan Agreement (Danaos Corp)
Proceedings by individual Lender or Swap Bank. However, without the prior consent of the Majority Lenders, neither a no Lender nor a the Swap Bank may bring proceedings in respect of:
(a) any other liability or obligation of the any Borrower or a Security Party under or connected with a Finance Document Document; or the Master Agreement; or2652 EUROPE/66436786v5
(b) any misrepresentation or breach of warranty by the any Borrower or a Security Party in or connected with a Finance Document or the Master AgreementDocument.
Appears in 1 contract
Samples: Loan Agreement (Diana Shipping Inc.)