Sharing of Earnings. The Borrower shall not enter into any agreement or arrangement for the sharing of any Earnings (other than (i) any profit sharing agreement with a charterer which takes effect above an agreed minimum charter hire rate payable to the Borrower under a charter to which the Borrower is a party and (ii) any pool agreement, in either case, on bona fide arm’s length terms).
Appears in 3 contracts
Samples: Amending and Restating Agreement (Navios Maritime Acquisition CORP), Loan Agreement (Navios Maritime Acquisition CORP), Loan Agreement (Navios Maritime Holdings Inc.)
Sharing of Earnings. The Neither Borrower shall not enter into any agreement or arrangement for the sharing of any Earnings (other than (i) any profit sharing agreement with a charterer which takes effect above an agreed minimum charter hire rate payable to the relevant Borrower under a charter to which the that Borrower is a party and (ii) any pool agreement, in either case, on bona fide arm’s length terms).
Appears in 3 contracts
Samples: Loan Agreement (Castor Maritime Inc.), Loan Agreement (Navios Maritime Containers Inc.), Loan Agreement (Navios Maritime Acquisition CORP)
Sharing of Earnings. The Neither Borrower shall not enter into any agreement or arrangement for the sharing of any Earnings (other than (i) any through a profit sharing agreement with a charterer on bona fide arm’s length terms which takes effect above an agreed minimum charter hire rate payable to the Borrower under a charter to which the Borrower is a party and (ii) any pool agreement, in either case, on bona fide arm’s length terms)but not including pooling arrangements.
Appears in 2 contracts
Samples: Loan Agreement, Loan Agreement (Navios Maritime Partners L.P.)
Sharing of Earnings. The Neither Borrower shall not enter into any agreement or arrangement for the sharing of any Earnings (other than (i) any a profit sharing agreement with a charterer which takes effect above exceeding an agreed minimum charter hire rate payable to the Borrower under a charter to which the Borrower party Provided that it is not a party and (ii) part of any pool agreement, in either case, on bona fide arm’s length terms)arrangement.
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Sharing of Earnings. The Neither Borrower shall not enter into any agreement or arrangement for the sharing of any Earnings (other than (i) any profit sharing agreement with a charterer which takes effect above an agreed minimum charter hire rate payable except pursuant to the Borrower under a charter Approved Charter to which the Borrower it is a party and (ii) any pool agreement, in either case, on bona fide arm’s length terms)party.
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Sharing of Earnings. The Neither Borrower shall not enter into any agreement or arrangement for the sharing of any Earnings (other than (i) any profit sharing agreement with a charterer which takes effect above an agreed minimum charter hire rate payable to the relevant Borrower under a charter to which the that Borrower is a party and (ii) any pool agreement, in either case, on bona fide arm’s 's length terms).
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Sharing of Earnings. The Borrower Neither Borrower, other than between the two Borrowers shall not enter into any agreement or arrangement for the sharing of any Earnings (other than (i) any through a profit sharing agreement with a charterer on bona fide arm's length terms which takes take effect above an agreed minimum amount of charter hire rate payable to the Borrower under a charter to which the Borrower is a party and (ii) charterparty but not including any pool agreement, in either case, on bona fide arm’s length terms)pooling arrangements.
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