Representations on the Delivery Date. The Borrower further represents and warrants to the Agent and each of the Lenders that on the Delivery Date the Vessel will be: 9.4.1 in its absolute and unencumbered ownership save as contemplated by the Security Documents; 9.4.2 registered in its name under the laws and flag of the United States of America; 9.4.3 classed with the highest classification available for a vessel of its type free of all recommendations and qualifications with Det Norske Veritas and American Bureau of Shipping; 9.4.4 operationally seaworthy and in compliance with all relevant provisions, regulations and requirements (statutory or otherwise) applicable to ships registered under the laws and flag of the United States of America; 9.4.5 insured in accordance with the provisions of Clause 10.21 and in compliance with the requirements therein in respect of such insurances; and 9.4.6 managed by the Manager and the Sub-Agent on and subject to the terms set out in the Management Agreement and the Sub-Agency Agreement.
Appears in 5 contracts
Samples: Secured Loan Agreement (NCL CORP Ltd.), Secured Loan Agreement (NCL CORP Ltd.), Supplemental Agreement (NCL CORP Ltd.)