R E A S. (a) the State and the Joint Venturers (pursuant to an assignment dated 10 June 1991) are now the parties to the agreement ratified by the Iron Ore (Marillana Creek) Agreement Xxx 0000, which agreement as amended from time to time is hereinafter called “the Principal Agreement”;
(b) the State and the Joint Venturers wish to vary the Principal Agreement. NOW THIS AGREEMENT WITNESSES —
1. Subject to the context the words and expressions used in this Agreement have the same meanings respectively as they have in and for the purpose of the Principal Agreement.
2. The State shall introduce and sponsor a Xxxx in the Parliament of Western Australia to ratify this Agreement and endeavour to secure its passage as an Act prior to 31 December 2000 or such later date as may be agreed between the parties hereto.
(1) The provisions of this Agreement other than this Clause and Clauses 1 and 2 shall not come into operation unless and until —
(a) the Xxxx to ratify this Agreement as referred to in Clause 2; and
(b) Bills to ratify the following agreements of even date herewith, namely: —
(i) an agreement between the State and BHP Direct Reduced Iron Pty. Ltd. to vary the Iron Ore Beneficiation (BHP) Agreement;
(ii) an agreement between the State and BHP Direct Reduced Iron Pty. Ltd. to vary the Iron Ore — Direct Reduced Iron (BHP) Agreement;
(iii) an agreement between the State and BHP Minerals Pty. Ltd., CI Minerals Australia Pty. Ltd. and Mitsui Iron Ore Corporation Pty. Ltd. to vary the Iron Ore (Mount Goldsworthy) Agreement;
(iv) an agreement between the State and BHP Iron Ore (Jimblebar) Pty. Ltd. to vary the Iron Ore (XxXxxxx’x Monster) Agreement;
(v) an agreement between the State and BHP Minerals Pty. Ltd., Mitsui-Itochu Iron Pty. Ltd. and CI Minerals Australia Pty. Ltd. to vary the Iron Ore (Mount Newman) Agreement; and
(vi) an agreement between the State and BHP Minerals Pty. Ltd., CI Minerals Australia Pty. Ltd. and Mitsui Iron Ore Corporation Pty. Ltd. to vary the Iron Ore (Goldsworthy-Nimingarra) Agreement are passed as Acts before 31 December 2000 or such later date if any as the parties hereto may agree upon.
(2) If before 31 December 2000 or such later agreed date the said Bills have not commenced to operate as Acts then unless the parties hereto otherwise agree this Agreement shall then cease and determine and no party hereto shall have any claim against any other party hereto with respect to any matter or thing arising out of, done, performed, or omitted to...
R E A S. (a) the State and the Joint Venturers (pursuant to certain assignments) are now the parties to the agreement approved by the Iron Ore (Goldsworthy-Nimingarra) Agreement Xxx 0000, which agreement as amended from time to time is hereinafter called “the Principal Agreement”;
(b) the State and the Joint Venturers wish to vary the Principal Agreement. NOW THIS AGREEMENT WITNESSES —
1. Subject to the context the words and expressions used in this Agreement have the same meanings respectively as they have in and for the purpose of the Principal Agreement.
2. The State shall introduce and sponsor a Xxxx in the State Parliament of Western Australia to ratify this Agreement and endeavour to secure its passage as an Act prior to 31 December 2000 or such later date as may be agreed between the parties hereto.
R E A S. (a) the State and the Joint Venturers (pursuant to an assignment dated 10 June 1991) are now the parties to the agreement ratified by the Iron Ore (Marillana Creek) Agreement Act 1991, which agreement as amended from time to time is hereinafter called "the Principal Agreement";
(b) the State and the Joint Venturers wish to vary the Principal Agreement.
R E A S. (a) the State and the Joint Venturers (pursuant to certain assignments and Deeds of Covenant and the release of Mt. Xxxxxx Iron Ore Company Limited pursuant to clause 19(2) of the Principal Agreement as hereinafter defined) are now the parties to the agreement dated the 26th day of August 1964 which agreement was approved by and is scheduled to the Iron Ore (Mount Newman) Agreement Xxx 0000 and as amended from time to time is hereinafter referred to as “the Principal Agreement”;
(b) the State and the Joint Venturers wish to vary the Principal Agreement.
R E A S. (a) the State and the Joint Venturers (pursuant to certain assignments) are now the parties to the agreement approved by the Iron Ore (Mount Goldsworthy) Agreement Act 1964, which agreement as amended from time to time is hereinafter called "the Principal Agreement";
(b) the State and the Joint Venturers wish to vary the Principal Agreement. NOW THIS AGREEMENT WITNESSES -
1. Subject to the context the words and expressions used in this Agreement have the same meanings respectively as they have in and for the purpose of the Principal Agreement.
2. The State shall introduce and sponsor a Bill in the State Parliament of Western Australia to ratify this Agreement and endeavour to secure its passage as an Act prior to 31 December 2000 or such later date as may be agreed between the parties hereto.
(1) The provisions of this Agreement other than this Clause and Clauses 1 and 2 shall not come into operation unless and until -
(a) the Bill to ratify this Agreement as referred to in Clause 2; and
(b) Bills to ratify the following agreements of even date herewith, namely:-
(i) an agreement between the State and BHP Direct Reduced Iron Pty. Ltd. to vary the Iron Ore Beneficiation (BHP) Agreement;
(ii) an agreement between the State and BHP Direct Reduced Iron Pty. Ltd. to vary the Iron Ore - Direct Reduced Iron (BHP) Agreement;
(iii) an agreement between the State and BHP Minerals Pty. Ltd., CI Minerals Australia Pty. Ltd. and
R E A S. (a) for the purpose of providing electricity to the operations carried on pursuant to the Argyle Diamond Agreement (as hereinafter defined) and the Argyle Tourist Village and facilitating access by the State Energy Commission of Western Australia to electricity the Partnership intends to develop a hydro electric power station of at least 30 megawatts at Lake Argyle, a 132 kilovolt high voltage transmission line from the power station to the Argyle diamond mine and a 132 kilovolt transmission line from the power station to Kununurra;
(b) the State, for the purpose of promoting employment opportunity and industrial development in Western Australia, has agreed to assist the establishment and operation of the said works upon and subject to the terms of this Agreement.
R E A S. A. The Owner is the sole owner of the whole of the vessel [VESSEL], Official No. [OFFICIAL NUMBER], of [GROSS TONS] gross tons and [NET TONS] net tons, and registered and documented in the name of the Owner under the laws and flag of the United States of America at the National Vessel Documentation Center.
B. By a senior secured Credit Agreement dated as of [__], 2018 (as the same may be amended, supplemented or otherwise modified from time to time, the “Credit Agreement”) made by and among, inter alios, (1) SEACOR Marine Foreign Holdings Inc., as borrower (the “Borrower”), (2) SEACOR Marine Holdings Inc., as parent guarantor (the “Parent Guarantor”), (3) the entities listed on Schedule 1-A thereto, including the Owner, as subsidiary guarantors, (4) DNB, as facility agent (in such capacity, the “Facility Agent”) and security trustee and (5) the financial institutions identified on Schedule 1-B thereto (together with any bank or financial institution which becomes a lender pursuant to Section 10 of the Credit Agreement), as lenders (the “Lenders”), a copy of the form of the Credit Agreement, without schedules or exhibits, is attached hereto as Exhibit A, the Lenders have agreed to provide to the Borrower a senior secured credit facility in the aggregate amount of up to Xxx Xxxxxxx Xxxxxx Xxxxxxx Xxxxxx Xxxxxx Dollars (U.S. $130,000,000) (the “Facility”), the obligations of the Borrower to repay the Loan (as defined in the Credit Agreement) being evidenced by, that certain promissory note dated the date hereof, executed by the Borrower to the order of the Facility Agent for the benefit of the Lenders (the “Note”), a copy of the form of which is attached hereto as Exhibit B. The Facility, and interest, fees and commissions thereon are to be repaid and paid, as the case may be, as provided in the Credit Agreement.
C. Pursuant to Section 15 of the Credit Agreement, each of the Creditors has appointed the Mortgagee as security trustee on its behalf with regard to, inter alia, the security conferred on such Creditors pursuant to the Credit Agreement, the Note and the other Transaction Documents.
D. The Owner, in order to secure the payment of the Obligations, as that term is defined in sub-section 1(A)(iv) hereof, and to secure the performance and observance of and compliance with all the covenants, terms and conditions in the Note, the Credit Agreement and in this Mortgage contained, expressed or implied, to be performed, observed and complied with by and on the...
R E A S. (a) the State and the Joint Venturers (pursuant to certain assignments) are now the parties to the agreement approved by the Iron Ore (Goldsworthy-Nimingarra) Agreement Xxx 0000, which agreement as amended from time to time is hereinafter called “the Principal Agreement”;
(b) the State and the Joint Venturers wish to vary the Principal Agreement. NOW THIS AGREEMENT WITNESSES —
1. Subject to the context the words and expressions used in this Agreement have the same meanings respectively as they have in and for the purpose of the Principal Agreement.
2. The State shall introduce and sponsor a Xxxx in the State Parliament of Western Australia to ratify this Agreement and endeavour to secure its passage as an Act prior to 31 December 2000 or such later date as may be agreed between the parties hereto.
(1) The provisions of this Agreement other than this Clause and Clauses 1 and 2 shall not come into operation unless and until —
(a) the Xxxx to ratify this Agreement as referred to in Clause 2; and
(b) Bills to ratify the following agreements of even date herewith, namely: —
R E A S. (1) Net Servicos and/or some of its restricted subsidiaries were originally debtors with regard to a series of loans contracted within Brazil and outside it ("Original Loans"), and did not comply with the terms of the respective instruments;
(2) Net Servicos, for itself and on behalf of some of its restricted subsidiaries, and the creditors of the Original Loans ("Creditors") negotiated in good faith a restructuring plan for the Original Loans, which was the object of a material fact published by Net Servicos on June 28, 2004 ("Restructuring Plan");
(3) among the Original Loans, forming the object of the Restructuring Plan are the Floating Rate Notes issued by Net Sul Comunicacoes Ltda., for US$80,000,000.00 due in 2005 (as "Net Sul Notes");
(4) within the scope of the Restructuring Plan, the Net Sul Notes were renegotiated as a global note with maturity in 2009, issued for a total of US$ [ ] (the "Global Note"), whose terms and conditions are consolidated in the Indenture and the respective Global Note (the "Indenture") forming a part of this Instrument as "Annex 2", it being determined that the Creditor shall hold an installment of the Global Note of US$ [ ] and that the parties have agreed to sign this Instrument with regard to the payments due to The Creditor by virtue of the Indenture;
(5) in addition to this Instrument and to other instruments that have amended or replaced other Original Loans, the Creditors and the Net Group Companies have executed other documents to formalize the Restructuring Plan, including, with Banco Itau S.A., in the capacity of collateral agent, (the "Collateral Agent"), the "Intercreditor Agreement" (a copy of which is attached hereto as "Annex 3"), and the following pledge agreements (the "Pledge Agreements"):
(a) the Receivables Pledge Agreement with Foreclosure Clause executed by Net Servicos, Net Sao Paulo Ltda., the Creditors, with the latter represented by the Collateral Agent and the Centralizing Bank, identified in the same agreement (a copy of which is attached hereto as "Annex 4");
(b) the Receivables Pledge Agreement with Foreclosure Clause executed by Net Servicos, Net Rio S.A, the Creditors, with the latter represented by the Collateral Agent and the Centralizing Bank, identified in the same agreement (a copy of which is attached hereto as "Annex 5");
(c) the Share Pledge Agreement with Amicable Sale Clause and Other Covenants executed by Net Group and Creditors, with the latter represented by the Collateral Age...
R E A S. (a) the State and the Joint Venturers (pursuant to certain assignments) are now the parties to the agreement approved by the Iron Ore (Mount Goldsworthy) Agreement Act 1964, which agreement as amended from time to time is hereinafter called "the Principal Agreement";
(b) the State and the Joint Venturers wish to vary the Principal Agreement.