Specific amendments to the Tripartite General Assignment. (a) In the opening recital (Parties), the Borrower and the Charterer’s names and addresses shall be deleted and replaced as follows: 10 “MARINA NEW BUILD, LLC, an exempted limited liability company continued under the laws of Bermuda whose registered office is at Xxxx Xxxxx, 00 Xxx-xx-Xxxxx Xxxx, Xxxxxxxx XX 00, Bermuda as owner (the "Owner").” “OCEANIA CRUISES LTD., an exempted company limited by shares and continued under the laws of Bermuda whose registered office is at Park Xxxxx, 00 Xxx-xx-Xxxxx Xxxx, Xxxxxxxx XX 00, Bermuda as charterer (the "Charterer").”, and all references to the address and description of the Charterer in the other Finance Documents to which it is a party shall be replaced with the above. (b) Clause 6.2 (Status) shall be deleted and replaced as follows: “The Charterer is continued as an exempted limited liability company under the laws of Bermuda.” (c) Clause 16.4 (Process agent) shall be deleted and replaced as follows: (a) The Owner and the Charterer irrevocably appoint Xxxxxxxxx Xxxxxx LLP, currently of 107 Cheapside, London, EC2V 6DN, UK to act as their respective agents to receive and accept on their behalf any process or other document relating to any proceedings in the English courts which are connected with a Dispute. (b) If any person appointed as an agent for service of process is unable for any reason to act as agent for service of process, the Owner and the Charterer must immediately (and in any event within 10 days of such event taking place) appoint another agent on terms acceptable to the Agent. Failing this, the Agent may appoint another agent for this purpose.”
Appears in 2 contracts
Samples: Term Loan Facility Amendment (NCL CORP Ltd.), Term Loan Facility Amendment (Norwegian Cruise Line Holdings Ltd.)
Specific amendments to the Tripartite General Assignment. (a) In the opening recital (Parties), the Borrower and the Charterer’s 's names and addresses shall be deleted and replaced as follows: 10 “MARINA "EXPLORER NEW BUILD, LLC, an exempted limited liability company continued under the laws of Bermuda whose registered office is at Xxxx Xxxxx, 00 Xxx-xx-Xxxxx Xxxx, Xxxxxxxx XX 00, Bermuda as owner (the "Owner").” “OCEANIA " "SEVEN SEAS CRUISES LTD., an exempted company limited by shares and continued under the laws of Bermuda whose registered office is at Park Xxxxx, 00 Xxx-xx-Xxxxx Xxxx, Xxxxxxxx XX 00, Bermuda as charterer (the "Charterer").”", and all references to the address and description of the Charterer in the other Finance Documents to which it is a party shall be replaced with the above.
(b) Clause 6.2 (Status) shall be deleted and replaced as follows: “"The Charterer is continued as an exempted company limited liability company by shares under the laws of Bermuda.”"
(c) The first part of clause 6.3 (Corporate power) shall be deleted and replaced as follows: "As an exempted company limited by shares continued under the laws of Bermuda, the Charterer has the capacity, and has taken all action and obtained all consents necessary for it:"
(d) Clause 16.4 16.2 (Process agent) shall be deleted and replaced as follows:
(a) The Owner and the Charterer irrevocably appoint Xxxxxxxxx Xxxxxx LLP, currently of 107 Cheapside, London, EC2V 6DN, UK to act as their respective agents to receive and accept on their behalf any process or other document relating to any proceedings in the English courts which are connected with a Dispute.
(b) If any person appointed as an agent for service of process is unable for any reason to act as agent for service of process, the Owner and the Charterer must immediately (and in any event within 10 days of such event taking place) appoint another agent on terms acceptable to the AgentSecurity Trustee. Failing this, the Agent Security Trustee may appoint another agent for this purpose.”"
Appears in 2 contracts
Samples: Term Loan Facility Amendment (NCL CORP Ltd.), Term Loan Facility Amendment (Norwegian Cruise Line Holdings Ltd.)
Specific amendments to the Tripartite General Assignment. (a) In the opening recital (Parties), the Borrower and the Charterer’s names and addresses shall be deleted and replaced as follows: 10 “MARINA RIVIERA NEW BUILD, LLC, an exempted limited liability company continued under the laws of Bermuda whose registered office is at Xxxx Xxxxx, 00 Xxx-xx-Xxxxx Xxxx, Xxxxxxxx XX 00, Bermuda as owner (the "Owner").” “OCEANIA CRUISES LTD., an exempted company limited by shares and continued under the laws of Bermuda whose registered office is at Park Xxxxx, 00 Xxx-xx-Xxxxx Xxxx, Xxxxxxxx XX 00, Bermuda as charterer (the "Charterer").”, and all references to the address and description of the Charterer in the other Finance Documents to which it is a party shall be replaced with the above.
(b) Clause 6.2 (Status) shall be deleted and replaced as follows: “The Charterer is continued as an exempted limited liability company under the laws of Bermuda.”
(c) Clause 16.4 (Process agent) shall be deleted and replaced as follows:
(a) The Owner and the Charterer irrevocably appoint Xxxxxxxxx Xxxxxx LLP, currently of 107 Cheapside, London, EC2V 6DN, UK to act as their respective agents to receive and accept on their behalf any process or other document relating to any proceedings in the English courts which are connected with a Dispute.
(b) If any person appointed as an agent for service of process is unable for any reason to act as agent for service of process, the Owner and the Charterer must immediately (and in any event within 10 days of such event taking place) appoint another agent on terms acceptable to the Agent. Failing this, the Agent may appoint another agent for this purpose.”
Appears in 2 contracts
Samples: Term Loan Facility Amendment (Norwegian Cruise Line Holdings Ltd.), Term Loan Facility Amendment (NCL CORP Ltd.)