Common use of Provision of additional security; prepayment Clause in Contracts

Provision of additional security; prepayment. (a) If the Facility Agent serves a notice on the Borrowers under Clause 23.1 (Minimum required security cover), the Borrowers shall, on or before the date falling 30 Business Days after the date on which the Facility Agent’s notice is served (the “Prepayment Date”), prepay such part of the Loan as shall eliminate the shortfall. (b) The Borrowers may, instead of making a prepayment as described in paragraph (a) above, provide, or ensure that a third party has provided, additional security which, in the opinion of the Facility Agent acting on the instructions of the Majority Lenders: (i) has a net realisable value at least equal to the shortfall; and (ii) is documented in such terms as the Facility Agent may approve or require, before the Prepayment Date; and conditional upon such security being provided in such manner, it shall satisfy such prepayment obligation.

Appears in 2 contracts

Samples: Facility Agreement (Navios Maritime Partners L.P.), Facility Agreement (Navios Maritime Partners L.P.)

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Provision of additional security; prepayment. (a) If the Facility Agent serves a notice on the Borrowers under Clause 23.1 24.1 (Minimum required security cover), the Borrowers shall, on or before the date falling 30 Business Days after the date on which the Facility Agent’s notice is served (the “Prepayment Date”), prepay such part of the Loan as shall eliminate the shortfall. (b) The Borrowers may, instead of making a prepayment as described in paragraph (a) above, provide, or ensure that a third party has provided, additional security which, in the opinion of the Facility Agent acting on the instructions of the Majority Lenders: (i) has a net realisable value at least equal to the shortfall; and (ii) is documented in such terms as the Facility Agent may approve or require, before the Prepayment Date; and conditional upon such security being provided in such manner, it shall satisfy such prepayment obligation.

Appears in 2 contracts

Samples: Term Loan Facility (Navios Maritime Partners L.P.), Facility Agreement (Navios Maritime Partners L.P.)

Provision of additional security; prepayment. (a) If the Facility Agent serves a notice on the Borrowers under Clause 23.1 25.1 (Minimum required security cover), the Borrowers shall, on or before the date falling 30 Business Days days after the date (the “Prepayment Date”) on which the Facility Agent’s notice is served (the “Prepayment Date”)served, prepay such part of the Loan as shall eliminate the shortfall. (b) The Borrowers A Borrower may, instead of making a prepayment as described in paragraph (a) above, provide, or ensure that a third party has provided, additional security which, in the opinion of the Facility Agent acting on the instructions of the Majority Lenders: (i) has a net realisable value at least equal to the shortfall; and (ii) is documented in such terms as the Facility Agent may approve or require, before the Prepayment Date; , and conditional upon such security being provided in such manner, it shall satisfy such prepayment obligation.

Appears in 1 contract

Samples: Term Loan Facility Agreement (Castor Maritime Inc.)

Provision of additional security; prepayment. (a) If the Facility Agent serves a notice on the Borrowers Borrower under Clause 23.1 24.1 (Minimum required security cover), the Borrowers Borrower shall, on or before the date falling 30 Business Days one Month after the date on which the Facility Agent’s 's notice is served (the "Prepayment Date"), prepay such part of the Loan as shall eliminate the shortfall. (b) The Borrowers Borrower may, instead of making a prepayment as described in paragraph (a) above, provide, or ensure that a third party has provided, additional security which, in the opinion of the Facility Agent acting on the instructions of the Majority Lenders: (i) has a net realisable value at least equal to the shortfall; and (ii) is documented in such terms as the Facility Agent may approve or require, before the Prepayment Date; and conditional upon such security being provided in such manner, it shall satisfy such prepayment obligation.

Appears in 1 contract

Samples: Facility Agreement (Euroseas Ltd.)

Provision of additional security; prepayment. (a) If the Facility Agent serves a notice on the Borrowers under Clause 23.1 29.1 (Minimum required security cover), the Borrowers shall, on or before the date falling 30 Business Days days after the date (the "Prepayment Date") on which the Facility Agent’s 's notice is served (the “Prepayment Date”)served, prepay such part of the Loan as shall eliminate the shortfall. (b) The Borrowers A Borrower may, instead of of, or as well as making a prepayment as described in paragraph (a) above, provide, or ensure that a third party has provided, additional security which, in the opinion of the Facility Agent acting on the instructions of the Majority Lenders:, (i) has a net realisable value at least equal to the shortfall; and (ii) is documented in such terms as the Facility Agent may approve or require, before the Prepayment Date; and conditional upon such security being provided in such manner, it shall satisfy such prepayment obligation.

Appears in 1 contract

Samples: Term, Revolving and Accordion Facilities Agreement (Ardmore Shipping Corp)

Provision of additional security; prepayment. (a) If the Facility Agent serves a notice on the Borrowers under Clause 23.1 27.1 (Minimum required security cover), the Borrowers shall, on or before the date falling 30 Business Days one month after the date (the “Prepayment Date”) on which the Facility Agent’s notice is served (the “Prepayment Date”)served, prepay such part of the Loan as shall eliminate the shortfall. (b) The Borrowers A Borrower may, instead of making a prepayment as described in paragraph (a) above, provide, or ensure that a third party has provided, additional security which, in the opinion of the Facility Agent acting on the instructions of the Majority Lenders:, (i) has a net realisable value at least equal to the shortfall; and (ii) is documented in such terms as the Facility Agent may approve or require, before the Prepayment Date; and conditional upon such security being provided in such manner, it shall satisfy such prepayment obligation.

Appears in 1 contract

Samples: Term Loan Facility (Ardmore Shipping Corp)

Provision of additional security; prepayment. (a) If the Facility Agent serves a notice on the Borrowers Borrower under Clause 23.1 24.1 (Minimum required security cover), the Borrowers Borrower shall, on or before the date falling 30 Business Days days after the date (the “Prepayment Date”) on which the Facility Agent’s notice is served (the “Prepayment Date”)served, prepay such part of the Loan as shall eliminate the shortfall. (b) The Borrowers Borrower may, instead of making a prepayment as described in paragraph (a) above, provide, or ensure that a third party has provided, additional security which, in the opinion of the Facility Agent acting on the instructions of the Majority Lenders: (i) has a net realisable realizable value at least equal to the shortfall; and (ii) is documented in such terms as the Facility Agent may approve or require, before the Prepayment Date; and conditional upon such security being provided in such manner, it shall satisfy such prepayment obligation. If the additional security is at any point during the Security Period no longer required to comply with Clause 24.1 (Minimum required security cover), the Facility Agent shall, at the request of the Borrower, release such additional security.

Appears in 1 contract

Samples: Facility Agreement (Scorpio Tankers Inc.)

Provision of additional security; prepayment. (a) If the Facility Agent serves a notice on the Borrowers under Clause 23.1 25.1 (Minimum Maximum allowed required security coverloan to value ratio), the Borrowers shall, on or before the date falling 30 15 Business Days after the date (the "Prepayment Date") on which the Facility Agent’s 's notice is served (the “Prepayment Date”)served, prepay such part of the Loan as shall eliminate the shortfall. (b) The Borrowers A Borrower may, instead of making a prepayment as described in paragraph (a) above, provide, or ensure that a third party has provided, additional security which, in the opinion of the Facility Agent acting on the instructions of the Majority Lenders: (i) has a net realisable value at least equal to the shortfall; and (ii) is documented in such terms as the Facility Agent may approve or require, before the Prepayment Date; and conditional upon such security being provided in such manner, it shall satisfy such prepayment obligation.

Appears in 1 contract

Samples: Facility Agreement (Globus Maritime LTD)

Provision of additional security; prepayment. (a) If the Facility Agent serves a notice on the Borrowers under Clause 23.1 27.1 (Minimum required security cover), the Borrowers shall, on or before the date falling 30 Business Days one month after the date (the "Prepayment Date") on which the Facility Agent’s 's notice is served (the “Prepayment Date”)served, prepay such part of the Loan as shall eliminate the shortfall. (b) The Borrowers A Borrower may, instead of making a prepayment as described in paragraph (a) above, provide, or ensure that a third party has provided, additional security which, in the opinion of the Facility Agent acting on the instructions of the Majority Lenders:, (i) has a net realisable value at least equal to the shortfall; and (ii) is documented in such terms as the Facility Agent may approve or require, before the Prepayment Date; and conditional upon such security being provided in such manner, it shall satisfy such prepayment obligation.

Appears in 1 contract

Samples: Term Loan Facility (Ardmore Shipping Corp)

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Provision of additional security; prepayment. (a) If the Facility Agent serves a notice on the Borrowers under Clause 23.1 27.1 (Minimum required security cover), the Borrowers shall, on or before the date falling 30 Business Days days after the date (the "Prepayment Date") on which the Facility Agent’s 's notice is served (the “Prepayment Date”)served, prepay such part of the Loan as shall eliminate the shortfall. (b) The Borrowers A Borrower may, instead of making a prepayment as described in paragraph (a) above, provide, or ensure that a third party has provided, additional security which, in the opinion of the Facility Agent acting on the instructions of the Majority Lenders: (i) has a net realisable value at least equal to the shortfall; and (ii) is documented in such terms as the Facility Agent may approve or require, before the Prepayment Date; and conditional upon such security being provided in such manner, it shall satisfy such prepayment obligation.

Appears in 1 contract

Samples: Term Loan Facility (Okeanis Eco Tankers Corp.)

Provision of additional security; prepayment. (a) If the Facility Agent serves a notice on the Borrowers under Clause 23.1 25.1 (Minimum required security cover), the Borrowers shall, on or before the date falling 30 10 Business Days after the date on which the Facility Agent’s notice is served (the “Prepayment Date”), prepay such part of the Loan as shall eliminate the shortfall. (b) The Borrowers A Borrower may, instead of making a prepayment as described in paragraph (a) above, provide, or ensure that a third party has provided, additional security which, in the opinion of the Facility Agent acting on the instructions of the Majority Lenders: (i) has a net realisable value at least equal to the shortfall; and (ii) is documented in such terms as the Facility Agent may approve or require, before the Prepayment Date; and conditional upon such security being provided in such manner, it shall satisfy such prepayment obligation.

Appears in 1 contract

Samples: Facility Agreement (Navios Maritime Partners L.P.)

Provision of additional security; prepayment. (a) If the Facility Agent serves a notice on the Borrowers Borrower under Clause 23.1 25.1 (Minimum required security cover), the Borrowers Borrower shall, on or before the date falling 30 Business Days one Month after the date (the “Prepayment Date”) on which the Facility Agent’s notice is served (the “Prepayment Date”)served, prepay such part of the Loan as shall eliminate the shortfall. (b) The Borrowers Borrower may, instead of making a prepayment as described in paragraph (a) above, provide, or ensure that a third party has provided, additional security which, in the opinion of the Facility Agent acting on the instructions of the Majority Lenders: (i) has a net realisable value at least equal to the shortfall; and (ii) is documented in such terms as the Facility Agent may approve or require, before the Prepayment Date; and conditional upon such security being provided in such manner, it shall satisfy such prepayment obligation.

Appears in 1 contract

Samples: Facility Agreement (Grindrod Shipping Holdings Pte. Ltd.)

Provision of additional security; prepayment. (a) If the Facility Agent serves a notice on the Borrowers under Clause 23.1 (Minimum required security coverMaximum allowed loan to value ratio), the Borrowers shall, on or before the date falling 30 Business Days after the date on which the Facility Agent’s notice is served (the “Prepayment Date”), prepay such part of the Loan as shall eliminate the shortfall. (b) The Borrowers may, instead of making a prepayment as described in paragraph (a) above, provide, or ensure that a third party has provided, additional security which, in the opinion of the Facility Agent acting on the instructions of the Majority Lenders: (i) has a net realisable value at least equal to the shortfall; and (ii) is documented in such terms as the Facility Agent may approve or require, before the Prepayment Date; and conditional upon such security being provided in such manner, it shall satisfy such prepayment obligation.

Appears in 1 contract

Samples: Term Loan Facility (Navios Maritime Partners L.P.)

Provision of additional security; prepayment. (a) If the Facility Agent serves a notice on the Borrowers under Clause 23.1 29.1 (Minimum required security cover), the Borrowers shall, on or before the date falling 30 Business Days days after the date (the “Prepayment Date”) on which the Facility Agent’s notice is served (the “Prepayment Date”)served, prepay such part of the Loan as shall eliminate the shortfall.. ​ (b) The Borrowers A Borrower may, instead of of, or as well as making a prepayment as described in paragraph (a) above, provide, or ensure that a third party has provided, additional security which, in the opinion of the Facility Agent acting on the instructions of the Majority Lenders:, (i) has a net realisable value at least equal to the shortfall; and (ii) is documented in such terms as the Facility Agent may approve or require, before the Prepayment Date; and conditional upon such security being provided in such manner, it shall satisfy such prepayment obligation.

Appears in 1 contract

Samples: Term and Accordion Facilities Agreement (Ardmore Shipping Corp)

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