Service of process Without prejudice to the right of the Finance Parties to use any other method of service permitted by law, the Borrower irrevocably agrees that any writ, notice, judgment or other legal process shall be sufficiently served on it if addressed to it and left at or sent by post to the Address for Service, and in that event shall be conclusively deemed to have been served at the time of leaving or, if posted, at 9.00 a.m. on the third Business Day after posting by prepaid first class registered post.
Service of process Without prejudice to any other mode of service allowed under any relevant law, each of the Borrowers:
23.5.1 irrevocably appoints Teekay Shipping (UK) Ltd of 0xx Xxxxx, 00 Xxxxxx Xxxxxx, Xxxxxx XX0X 0XX Xxxxxxx as its agent for service of process in relation to any proceedings before the English courts in connection with this Agreement; and
23.5.2 agrees that failure by a process agent to notify the Borrowers of the process will not invalidate the proceedings concerned.
SCHEDULE 1: The Lenders and the Commitments (US$) (US$) (US$) SCHEDULE 2: The Borrowers and the Vessels SCHEDULE 3: Conditions Precedent and Subsequent Part I: Conditions precedent to the First Drawdown Date in respect of either Tranche A or Tranche B
(a) Constitutional Documents Copies of the constitutional documents of each Security Party, the Charterer and the Charter Guarantor together with such other evidence as the Agent may reasonably require that each Security Party, the Charterer and the Charter Guarantor is duly formed or incorporated in its country of incorporation or formation and remains in existence with power to enter into, and perform its obligations under, the Relevant Documents to which it is or is to become a party.
(b) Certificates of good standing A certificate of good standing in respect of each Security Party, the Charterer and the Charter Guarantor (if such a certificate can be obtained).
(c) Board resolutions A copy of a resolution of the board of directors of each Security Party, the Charterer and the Charter Guarantor (or its sole member):
(i) approving the terms of, and the transactions contemplated by, the Relevant Documents to which it is a party and ratifying or resolving that it execute those Relevant Documents; and
(ii) if required authorising a specified person or persons to execute those Relevant Documents (and all documents and notices to be signed and/or despatched under those documents) on its behalf.
Service of process Without prejudice to any other mode of service allowed under any relevant law, the Borrower:
23.5.1 irrevocably appoints Teekay Shipping (UK) Ltd of 0xx Xxxxx, 00 Xxxxxx Xxxxxx, Xxxxxx XX0X 0XX, Xxxxxxx as its agent for service of process in relation to any proceedings before the English courts in connection with this Agreement; and
23.5.2 agrees that failure by a process agent to notify the Borrower of the process will not invalidate the proceedings concerned. Nordea Bank Finland plc, New York Branch 000 Xxxxxxx Xxxxxx 21st Floor New York NY 10022 United States of America Fax no: +0 000 000 0000 Attn: Xxxxxxx Xxxxxxxxxxxx 43,333,333 33.33 Scotiabank Europe plc 000 Xxxxxxxxxxx, 0xx Xxxxx Xxxxxx XX0X 0XX Xxxxxx Xxxxxxx Credit Matters: Xxxx Xxxxxxxxxxxxx / Xxxxxx Xxxxx Tel no:+00 000 000 0000 / +00 000 000 0000 Fax no: +00 000 000 0000 Email: xxxxxxx.xxxxxxxxxxxxx@xxxxxxxxxx.xxx / xxxxxx.xxxxx@xxxxxxxxxx.xxx Operations/Administrations: Xxxx Xxxxxxx / Xxxx Xxxxxx Tel no: +00 000 000 0000 Fax no: +00 000 000 0000 Email: xxxx.xxxxxxx@xxxxxxxxxx.xxx / xxxx.xxxxxx@xxxxxxxxxx.xxx 43,333,333 33.33 Commonwealth Bank of Australia, London Branch Xxxxx 0, Xxxxxxx Xxxxx 00 Xxxxx Xxxxxxxx Xxxxxx Xxxxxx XX0X 0XX Xxxxxx Xxxxxxx 43,333,333 33.33 Credit Matters: Xxxxx Xxxxx / Xxxxx Xxxxxxxxx Tel no:+00 000 000 0000 / +0 000 000 0000 Fax no: +00 000 000 0000 Email: xxxxx.xxxxx0@xxx.xxx.xx / xxxxxx@xxx.xxx.xx Operations/Administrations: Xxx Xxxxx Tel no: +00 000 000 0000 Fax no: +00 000 000 0000 Email: xxxxxxx@xxx.xxx.xx 000 Xxxxxxx Xxxxxx Xxx Xxxx, XX 00000, XX Attention: Xxxxx Xxxxxxxx-Xxxxxx Facsimile: +0 (000) 000 0000 Operations/Administrations: Nordea Bank Finland plc Customer Operations Markets Xxxxxxx 000 XX-0000 Xxxxxxxxxx X XXXXXXX Telephone: +00 00 00 00 00 Facsimile: +00 00 00 00 00 E-mail: xxxx.xxxxxxxxx@xxxxxx.xxx 000 Xxxxxxxxxxx, 0xx Xxxxx Xxxxxx XX0X 0XX Xxxxxx Xxxxxxx Credit Matters: Xxxx Xxxxxxxxxxxxx / Xxxxxx Xxxxx Tel no:+00 000 000 0000 / +00 000 000 0000 Fax no: +00 000 000 0000 Email: xxxxxxx.xxxxxxxxxxxxx@xxxxxxxxxx.xxx / xxxxxx.xxxxx@xxxxxxxxxx.xxx Operations/Administrations: Xxxx Xxxxxxx / Xxxx Xxxxxx Tel no: +00 000 000 0000 Fax no: +00 000 000 0000 Email: xxxx.xxxxxxx@xxxxxxxxxx.xxx / xxxx.xxxxxx@xxxxxxxxxx.xxx Xxxxx 0, Xxxxxxx Xxxxx 00 Xxxxx Xxxxxxxx Xxxxxx Xxxxxx XX0X 0XX Xxxxxx Xxxxxxx Attention: Xxxx Xxxxxxx / Xxxxxxxxx Xxxxxxxx E-mail: XXXXxxxxx@xxx.xxx.xx
Service of process Without prejudice to any other mode of service allowed under any relevant law, the Borrower:
21.5.1 irrevocably appoints Messrs. Xxxxxxx & Co., 0 Xxxxxxxxxxx Xxxxxx, London EC2N 2ER, England as its agent for service of process in relation to any proceedings before the English courts in connection with this Agreement; and
21.5.2 agrees that failure by a process agent to notify the Borrower of the process will not invalidate the proceedings concerned.
Service of process Without prejudice to any other mode of service allowed under any relevant law, the Borrower:
Service of process Without prejudice to any other mode of service allowed under any relevant law, the Borrower:
19.4.1 irrevocably appoints Teekay Shipping (UK) Ltd of 2nx Xxxxx, 00 Xxxxxx Xxxxxx, Xxxxxx XX0X 0XX, Xxxxxxx xs its agent for service of process in relation to any proceedings before the English courts in connection with this Agreement; and
19.4.2 agrees that failure by a process agent to notify the Borrower of the process will not invalidate the proceedings concerned.
Service of process Without prejudice to the right of the Agent and the Banks to use any other method of service permitted by law, the Borrowers irrevocably agree that any writ, notice, judgment or other legal process shall be sufficiently served on it if addressed to it and left at or sent by post to the Address for Service, and in that event shall be conclusively deemed to have been served at the time of leaving or, if posted, at 9.00 a.m. on the Business Day after posting by prepaid first class post.
Service of process Without prejudice to any other mode of service allowed under any relevant law, each Borrower:
22.5.1 irrevocably appoints Nicolaou & Co., Chartered Accountants, 00 Xxxxx Xxxxx, Xxxxxxx Xxx, Xxxxx, XX0 xXX, Xxxxxxx (tel +00 00 0000 0000, Fax +00 00 0000 0000) (for the attention of: Xx. Xxxxxxx Xxxxxxxx) as its agent for service of process in relation to any proceedings before the English courts in connection with this Agreement; and
22.5.2 agrees that failure by a process agent to notify any Borrower of the process will not invalidate the proceedings concerned.
PART 1: CONDITIONS PRECEDENT
Service of process Without prejudice to any other mode of service allowed under any relevant law, each Borrower:
23.5.1 irrevocably appoints Teekay Shipping (UK) Ltd of 0xx Xxxxx, 00 Xxxxxx Xxxxxx, Xxxxxx XX0X 0XX, Xxxxxxx as its agent for service of process in relation to any proceedings before the English courts in connection with this Agreement; and
23.5.2 agrees that failure by a process agent to notify any Borrower of the process will not invalidate the proceedings concerned. ING Bank N.V., London Branch 55,000,000 100 00 Xxxxxx Xxxx Xxxxxx XX0X 0XX Xxxxxxx Fax no: +00 00 0000 0000 Attn: Xxxx Xxxxx
Service of process Without prejudice to any other mode of service allowed under any relevant law, each Borrower:
23.5.1 irrevocably appoints WFW Legal Services Limited present of 00 Xxxxxx Xxxxxx, London EC2A 2HB, England as its agent for service of process in relation to any proceedings before the English courts in connection with this Agreement; and
23.5.2 agrees that failure by a process agent to notify any Borrower of the process will not invalidate the proceedings concerned. SCHEDULE 1: The Lenders and the Commitments DVB BANK SE $44,000,000 Xxxxx xxx Xxxxxxxx 0 D-60325 Frankfurt am Main Federal Republic of Germany fax no: +00 000 000 0000 marked for the attention of Transaction and Loan Services for the purposes of Clause 18 (Notices) with a copy to 0 Xxxxxxxxx Xxxxxx & 0 Xxxxx Xxxx. Xxxxxxxxx Xxxxx Xxxxx Xxxxxx 000 00 Xxxxxx, Xxxxxx Fax: +00 000 000 0000 Email: xxx@xxxxxxx.xxx Part I: Conditions precedent
1 Security Parties
(a) Constitutional Documents Copies of the constitutional documents of each Security Party, together with such other evidence as the Agent may reasonably require that each Security Party is duly incorporated in its country of incorporation and remains in existence with power to enter into, and perform its obligations under, the Relevant Documents to which it is or is to become a party.
(b) Certificates of good standing A certificate of good standing in respect of each Security Party (if such a certificate can be obtained).
(c) Board resolutions A copy of a resolution of the board of directors of each Security Party: