Common use of Shortfall in Earnings Clause in Contracts

Shortfall in Earnings. If the aggregate Earnings of the Ships received in the Earnings Accounts are insufficient in any month for the required amount to be transferred to the Retention Account under Clause 18.3, the Borrowers shall make up the amount of the insufficiency on demand from the Agent; but, without thereby prejudicing the Agent’s right to make such demand at any time, the Agent may, if so authorised by the Majority Lenders, permit the Borrowers to make up all or part of the insufficiency by increasing the amount of any transfer under Clause 18.3 from the Earnings of the Ships received in the next or subsequent months.

Appears in 4 contracts

Samples: Amending and Restating Deed, Amending and Restating Deed (Global Ship Lease, Inc.), Second Amending and Restating Deed (Global Ship Lease, Inc.)

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Shortfall in Earnings. If the aggregate Earnings of the Ships a Ship received in the Earnings Accounts Operating Account applicable to it are insufficient in any month for the required amount to be transferred to the Retention Account under Clause 18.318.2, the Borrowers Borrower owning that Ship shall make up the amount of the insufficiency on demand from the Agent; but, without thereby prejudicing the Agent’s right to make such demand at any time, the Agent may, if so authorised by the Majority Lenders, permit the Borrowers that Borrower to make up all or part of the insufficiency by increasing the amount of any transfer under Clause 18.3 18.2 from the Earnings of the Ships received in the next or subsequent months.

Appears in 2 contracts

Samples: Amending and Restating Agreement (Box Ships Inc.), Loan Agreement (Box Ships Inc.)

Shortfall in Earnings. If the aggregate Earnings of the Ships a Ship received in the Earnings Accounts Operating Account applicable to it are insufficient in any month for the required amount to be transferred to the Retention Account under Clause 18.318.2, the Borrowers Borrower owning that Ship shall make up the amount of the insufficiency on demand from the Agent; but, without thereby prejudicing the Agent’s 's right to make such demand at any time, the Agent may, if so authorised by the Majority Lenders, permit the Borrowers that Borrower to make up all or part of the insufficiency by increasing the amount of any transfer under Clause 18.3 18.2 from the Earnings of the Ships received in the next or subsequent months.

Appears in 2 contracts

Samples: Loan Agreement (Box Ships Inc.), Amending and Restating Agreement (Box Ships Inc.)

Shortfall in Earnings. If the aggregate Earnings of the Ships received in the Earnings Accounts it are insufficient in any month for the required amount to be transferred to the Retention Account and/or the Swap Account under Clause 18.318.2, the Borrowers shall make up the amount of the insufficiency on demand from the Agent; but, without thereby prejudicing the Agent’s right to make such demand at any time, the Agent may, if so authorised by the Majority Lenders, permit the Borrowers to make up all or part of the insufficiency by increasing the amount of any transfer under Clause 18.3 from the Earnings of the Ships received in the next or subsequent months.

Appears in 2 contracts

Samples: Loan Agreement (DryShips Inc.), Loan Agreement (Star Bulk Management Inc.)

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Shortfall in Earnings. If the aggregate Earnings of the Ships a Ship received in the Earnings Accounts Account applicable to it are insufficient in any month for the required amount to be transferred to the Retention Account of the Borrower owning that Ship under Clause 18.3, the Borrowers Borrower owning that Ship shall make up the amount of the insufficiency on demand from the Agent; but, without thereby prejudicing the Agent’s right to make such demand at any time, the Agent may, if so authorised by the Majority Lenders, permit the Borrowers that Borrower to make up all or part of the insufficiency by increasing the amount of any transfer under Clause 18.3 from the Earnings of the Ships received in the next or subsequent months.

Appears in 1 contract

Samples: Amending and Restating Agreement (Poseidon Containers Holdings Corp.)

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