Representations and Warranties by the Shipowner. The Shipowner represents and warrants to you that this Agreement, the Indenture, and the Obligations have been duly authorized, executed and delivered by the Shipowner and constitute, each in accordance with their terms, a legal, valid and binding instrument enforceable against the Shipowner, except as limited by bankruptcy, insolvency, or other laws affecting the enforcement of creditors' rights generally. On the Closing Date, the Indenture and the Obligations will have been duly authorized, executed and delivered by the Shipowner and will constitute legal, valid and binding instruments enforceable against the Shipowner, and the Obligations will be entitled to the benefits of the Indenture, the Guarantees and the Authorization Agreement. The Shipowner represents that the Obligations, the Indenture, and the Authorization Agreement conform in all material respects to the descriptions thereof contained in the Offering Circular dated October 16, 2000 unless you consent to a change.
Appears in 2 contracts
Samples: Bond Purchase Agreement (American Classic Voyages Co), Purchase Agreement (American Classic Voyages Co)
Representations and Warranties by the Shipowner. The Shipowner represents and warrants to you that that: (i) this Agreement, the Indenture, and the Obligations have Agreement has been duly authorized, executed and delivered by the Shipowner and constituteconstitutes, each in accordance with their its terms, a legal, valid and binding instrument enforceable against the Shipowner, except as limited by bankruptcy, insolvency, or other laws affecting the enforcement of creditors' β rights generally. On ; and (ii) on the Closing Date, the Indenture and the Obligations Bonds will have been duly authorized, executed and delivered by the Shipowner and will constitute legal, valid and binding instruments enforceable against the Shipowner, and the Obligations Bonds will be entitled to the benefits of the Indenture, the Guarantees and the Authorization Agreement. The Shipowner represents that the ObligationsBonds, the Indenture, and the Authorization Agreement conform in all material respects to the descriptions thereof contained in the Offering Circular Circular, dated October 16September 27, 2000 2005, unless you consent to a change.
Appears in 1 contract
Samples: Bond Purchase Agreement (Cal Dive International Inc)
Representations and Warranties by the Shipowner. The Shipowner represents and warrants to you that this Agreement, the Indenture, and the Obligations Notes have been duly authorized, executed and delivered by the Shipowner and constitute, each in accordance with their terms, a legal, valid and binding instrument enforceable against the Shipowner, except as limited by bankruptcy, insolvency, or other laws affecting the enforcement of creditors' rights generally. On the Note Closing Date, the Indenture and the Obligations Notes will have been duly authorized, executed and delivered by the Shipowner and will constitute legal, valid and binding instruments enforceable against the Shipowner, and the Obligations Notes will be entitled to the benefits of the Indenture, the Guarantees and the Authorization Agreement. The Shipowner represents that the ObligationsNotes, the Indenture, and the Authorization Agreement conform in all material respects to the descriptions thereof contained in the Offering Circular dated October 16August 8, 2000 unless you consent to a change.
Appears in 1 contract
Samples: Note Purchase Agreement (American Classic Voyages Co)
Representations and Warranties by the Shipowner. The Shipowner represents and warrants to you that this Agreement, the Indenture, and the Obligations Notes have been duly authorized, executed and delivered by the Shipowner and constitute, each in accordance with their terms, a legal, valid and binding instrument enforceable against the Shipowner, except as limited by bankruptcy, insolvency, or other laws affecting the enforcement of creditors' rights generally. On the Note Closing Date, the Indenture and the Obligations Notes will have been duly authorized, executed and delivered by the Shipowner and will constitute legal, valid and binding instruments enforceable against the Shipowner, and the Obligations Notes will be entitled to the benefits of the Indenture, the Guarantees and the Authorization Agreement. The Shipowner represents that the ObligationsNotes, the Indenture, and the Authorization Agreement conform in all material respects to the descriptions thereof contained in the Offering Circular dated October 16, 2000 unless you consent to a change.descriptions
Appears in 1 contract
Samples: Note Purchase Agreement (American Classic Voyages Co)