Submission and service of process. Each Borrower accordingly irrevocably and unconditionally submits to the jurisdiction of the English courts. Without prejudice to any other mode of service each Borrower: 20.2.1 irrevocably empowers and appoints HFW Nominees Ltd at present of Friary Court, 65 Crutched Friars, Xxxxxx XX0X 0XX, Xxxxxxx as its agent to receive and accept on its behalf any process or other document relating to any proceedings before the English courts in connection with this Agreement; 20.2.2 agrees to maintain such an agent for service of process in England from the date hereof until the end of the Facility Period; 20.2.3 agrees that failure by a process agent to notify the Borrowers of service of process will not invalidate the proceedings concerned; 20.2.4 without prejudice to the effectiveness of service of process on its agent under clause 20.2.1 above but as an alternative method, consents to the service of process relating to any such proceedings by mailing or delivering a copy of the process to its address for the time being applying under clause 17.2; 20.2.5 agrees that if the appointment of any person mentioned in clause 20.2.1 ceases to be effective, the Borrowers shall immediately appoint a further person in England to accept service of process on its behalf in England and, failing such appointment within seven (7) days the Agent shall thereupon be entitled and is hereby irrevocably authorised by the Borrowers in those circumstances to appoint such person by notice to the Borrowers.
Appears in 11 contracts
Samples: Facility Agreement (Navios Maritime Acquisition CORP), Facility Agreement (Navios Maritime Partners L.P.), Facility Agreement (Navios Maritime Acquisition CORP)
Submission and service of process. Each The Borrower accordingly irrevocably and unconditionally submits to the jurisdiction of the English courts. Without prejudice to any other mode of service each the Borrower:
20.2.1 19.2.1 irrevocably empowers and appoints HFW Nominees Ltd at present of Friary CourtXxxxxx Xxxxx, 65 Crutched FriarsXxxxxx Xxxxxx, Xxxxxx XX0X 0XX, Xxxxxxx as its agent to receive and accept on its behalf any process or other document relating to any proceedings before the English courts in connection with this Agreement;
20.2.2 19.2.2 agrees to maintain such an agent for service of process in England from the date hereof until the end of the Facility Period;
20.2.3 19.2.3 agrees that failure by a process agent to notify the Borrowers Borrower of service of process will not invalidate the proceedings concerned;
20.2.4 19.2.4 without prejudice to the effectiveness of service of process on its agent under clause 20.2.1 19.2.1 above but as an alternative method, consents to the service of process relating to any such proceedings by mailing or delivering a copy of the process to its address for the time being applying under clause 17.2;
20.2.5 19.2.5 agrees that if the appointment of any person mentioned in clause 20.2.1 19.2.1 ceases to be effective, the Borrowers Borrower shall immediately appoint a further person in England to accept service of process on its behalf in England and, failing such appointment within seven (7) days the Agent Lender shall thereupon be entitled and is hereby irrevocably authorised by the Borrowers Borrower in those circumstances to appoint such person by notice to the BorrowersBorrower.
Appears in 7 contracts
Samples: Facility Agreement (Navios Maritime Partners L.P.), Facility Agreement (Navios Maritime Partners L.P.), Facility Agreement (Navios Maritime Partners L.P.)
Submission and service of process. Each Borrower The Borrowers accordingly irrevocably and unconditionally submits submit to the jurisdiction of the English courts. Without prejudice to any other mode of service each Borrower:
20.2.1 19.2.1 irrevocably empowers and appoints HFW Nominees Ltd at present of Friary Court, 65 Crutched Friars, Xxxxxx XX0X 0XX, Xxxxxxx as its agent to receive and accept on its behalf any process or other document relating to any proceedings before the English courts in connection with this Agreement;
20.2.2 19.2.2 agrees to maintain such an agent for service of process in England from the date hereof until the end of the Facility Period;
20.2.3 19.2.3 agrees that failure by a process agent to notify the Borrowers of service of process will not invalidate the proceedings concerned;
20.2.4 19.2.4 without prejudice to the effectiveness of service of process on its agent under clause 20.2.1 19.2.1 above but as an alternative method, consents to the service of process relating to any such proceedings by mailing or delivering a copy of the process to its address for the time being applying under clause 17.216.2;
20.2.5 19.2.5 agrees that if the appointment of any person mentioned in clause 20.2.1 19.2.1 ceases to be effective, the Borrowers shall immediately appoint a further person in England to accept service of process on its behalf in England and, failing such appointment within with in seven (7) days the Agent Bank shall thereupon be entitled and is hereby irrevocably authorised by the Borrowers in those circumstances to appoint such person by notice to the Borrowers.
Appears in 4 contracts
Samples: Facility Agreement (Navios Maritime Acquisition CORP), Facility Agreement (Navios Maritime Acquisition CORP), Facility Agreement (Navios Maritime Acquisition CORP)
Submission and service of process. Each Subject to clause 17.4 below, the Borrower and the Lender accordingly irrevocably and unconditionally submits submit to the jurisdiction of the English courts. Without prejudice to any other mode of service each the Borrower:
20.2.1 18.2.1 irrevocably empowers and appoints HFW Nominees Messrs Hill Xxxxxxxxx Services (London) Ltd at present of Friary CourtThe Broadgate Tower, 65 Crutched Friars00 Xxxxxxxx Xxxxxx, Xxxxxx Xxxxxx, XX0X 0XX, Xxxxxxx as its agent to receive and accept on its behalf any process or other document relating to any proceedings before the English courts in connection with this Agreement;
20.2.2 18.2.2 agrees to maintain such an agent for service of process in England from the date hereof until the end of the Facility Period;
20.2.3 18.2.3 agrees that failure by a process agent to notify the Borrowers Borrower of service of process will not invalidate the proceedings concerned;
20.2.4 18.2.4 without prejudice to the effectiveness of service of process on its agent under clause 20.2.1 17.2.1 above but as an alternative method, consents to the service of process relating to any such proceedings by mailing or delivering a copy of the process to its address for the time being applying under clause 17.215.2;
20.2.5 18.2.5 agrees that if the appointment of any person mentioned in clause 20.2.1 17.2.1 ceases to be effective, the Borrowers Borrower shall immediately appoint a further person in England to accept service of process on its behalf in England and, failing such appointment within with in seven (7) days the Agent Lender shall thereupon be entitled and is hereby irrevocably authorised by the Borrowers Borrower in those circumstances to appoint such person by notice to the BorrowersBorrower.
Appears in 3 contracts
Samples: Loan Agreement (Navios Maritime Acquisition Corp), Loan Agreement (Navios Maritime Partners L.P.), Loan Agreement (Navios Maritime Acquisition CORP)
Submission and service of process. Each The Borrower accordingly irrevocably and unconditionally submits to the jurisdiction of the English courts. Without prejudice to any other mode of service each the Borrower:
20.2.1 18.2.1 irrevocably empowers and appoints HFW Nominees Ltd at present of Friary Court, 65 Crutched Friars, Xxxxxx XX0X 0XX, Xxxxxxx as its agent to receive and accept on its behalf any process or other document relating to any proceedings before the English courts in connection with this Agreement;
20.2.2 18.2.2 agrees to maintain such an agent for service of process in England from the date hereof until the end of the Facility Period;
20.2.3 18.2.3 agrees that failure by a process agent to notify the Borrowers Borrower of service of process will not invalidate the proceedings concerned;
20.2.4 18.2.4 without prejudice to the effectiveness of service of process on its agent under clause 20.2.1 above but as an alternative method, consents to the service of process relating to any such proceedings by mailing or delivering a copy of the process to its address for the time being applying under clause 17.216.2;
20.2.5 18.2.5 agrees that if the appointment of any person mentioned in clause 20.2.1 ceases to be effective, the Borrowers Borrower shall immediately appoint a further person in England to accept service of process on its behalf in England and, failing such appointment within seven (7) days the Agent Lender shall thereupon be entitled and is hereby irrevocably authorised by the Borrowers Borrower in those circumstances to appoint such person by notice to the BorrowersBorrower.
Appears in 3 contracts
Samples: Facility Agreement, Facility Agreement (Navios Maritime Midstream Partners LP), Facility Agreement (Navios Maritime Midstream Partners LP)
Submission and service of process. Each Subject to clause 17.4 below, the Borrower and the Lender accordingly irrevocably and unconditionally submits submit to the jurisdiction of the English courts. Without prejudice to any other mode of service each the Borrower:
20.2.1 17.2.1 irrevocably empowers and appoints HFW Nominees Messrs Hill Xxxxxxxxx Services (London) Ltd at present of Friary CourtThe Broadgate Tower, 65 Crutched Friars00 Xxxxxxxx Xxxxxx, Xxxxxx Xxxxxx, XX0X 0XX, Xxxxxxx as its agent to receive and accept on its behalf any process or other document relating to any proceedings before the English courts in connection with this Agreement;
20.2.2 17.2.2 agrees to maintain such an agent for service of process in England from the date hereof until the end of the Facility Period;
20.2.3 17.2.3 agrees that failure by a process agent to notify the Borrowers Borrower of service of process will not invalidate the proceedings concerned;
20.2.4 17.2.4 without prejudice to the effectiveness of service of process on its agent under clause 20.2.1 17.2.1 above but as an alternative method, consents to the service of process relating to any such proceedings by mailing or delivering a copy of the process to its address for the time being applying under clause 17.215.2;
20.2.5 17.2.5 agrees that if the appointment of any person mentioned in clause 20.2.1 17.2.1 ceases to be effective, the Borrowers Borrower shall immediately appoint a further person in England to accept service of process on its behalf in England and, failing such appointment within with in seven (7) days the Agent Lender shall thereupon be entitled and is hereby irrevocably authorised by the Borrowers Borrower in those circumstances to appoint such person by notice to the BorrowersBorrower.
Appears in 3 contracts
Samples: Secured Loan Agreement (Navios Maritime Holdings Inc.), Secured Loan Agreement (Navios Maritime Holdings Inc.), Secured Loan Agreement (Navios Maritime Holdings Inc.)
Submission and service of process. Each The Borrower accordingly accordingly, irrevocably and unconditionally submits to the jurisdiction of the English courts. Without prejudice to any other mode of service each the Borrower:
20.2.1 irrevocably empowers and appoints HFW Nominees Ltd Xxxxxxx & Co at present of Friary Courttheir office for the time being, 65 Crutched Friarspresently at Xxx Xxxxx Xxxx, Xxxxxx XX0X 0XXLondon EC2V 8AE, Xxxxxxx England as its agent to receive and accept on its behalf any process or other document relating to any proceedings before the English courts in connection with this Agreement;
20.2.2 agrees to maintain such an agent for service of process in England from the date hereof until the end of the Facility Period;
20.2.3 agrees that failure by a process agent to notify the Borrowers Borrower of service of process will not invalidate the proceedings concerned;
20.2.4 without prejudice to the effectiveness of service of process on its agent under clause 20.2.1 above but as an alternative method, consents to the service of process relating to any such proceedings by mailing or delivering a copy of the process to its address for the time being applying under clause 17.2;
20.2.5 agrees that if the appointment of any person mentioned in clause 20.2.1 ceases to be effective, the Borrowers Borrower shall immediately appoint a further person in England to accept service of process on its behalf in England and, failing such appointment within seven (7) days the Agent shall thereupon be entitled and is hereby irrevocably authorised by the Borrowers Borrower in those circumstances to appoint such person by notice to the BorrowersBorrower.
Appears in 2 contracts
Samples: Loan Agreement (StealthGas Inc.), Loan Agreement (StealthGas Inc.)
Submission and service of process. Each Borrower accordingly irrevocably and unconditionally submits to the jurisdiction of the English courts. Without prejudice to any other mode of service each Borrower:
20.2.1 irrevocably empowers and appoints HFW Nominees Ltd at present of Friary Court, 65 Crutched Friars, Xxxxxx Lxxxxx XX0X 0XX, Xxxxxxx as its agent to receive and accept on its behalf any process or other document relating to any proceedings before the English courts in connection with this Agreement;
20.2.2 agrees to maintain such an agent for service of process in England from the date hereof until the end of the Facility Period;
20.2.3 agrees that failure by a process agent to notify the Borrowers of service of process will not invalidate the proceedings concerned;
20.2.4 without prejudice to the effectiveness of service of process on its agent under clause 20.2.1 above but as an alternative method, consents to the service of process relating to any such proceedings by mailing or delivering a copy of the process to its address for the time being applying under clause 17.2;
20.2.5 agrees that if the appointment of any person mentioned in clause 20.2.1 ceases to be effective, the Borrowers shall immediately appoint a further person in England to accept service of process on its behalf in England and, failing such appointment within seven (7) days the Agent shall thereupon be entitled and is hereby irrevocably authorised by the Borrowers in those circumstances to appoint such person by notice to the Borrowers.
Appears in 2 contracts
Samples: Facility Agreement (Navios Maritime Acquisition CORP), Facility Agreement (Navios Maritime Holdings Inc.)
Submission and service of process. Each The Borrower accordingly irrevocably and unconditionally submits to the jurisdiction of the English courts. Without prejudice to any other mode of service each the Borrower:
20.2.1 18.2.1 irrevocably empowers and appoints HFW Nominees Ltd at present Xxxxxxx & Co. of Friary CourtXxx Xxxxx Xxxx, 65 Crutched FriarsLondon EC2V 8AE, Xxxxxx XX0X 0XX, Xxxxxxx England as its agent to receive and accept on its behalf any process or other document relating to any proceedings before the English courts in connection with this Agreement;
20.2.2 18.2.2 agrees to maintain such an agent for service of process in England from the date hereof until the end of the Facility Period;
20.2.3 18.2.3 agrees that failure by a process agent to notify the Borrowers Borrower of service of process will not invalidate the proceedings concerned;
20.2.4 18.2.4 without prejudice to the effectiveness of service of process on its agent under clause 20.2.1 18.2.1 above but as an alternative method, consents to the service of process relating to any such proceedings by mailing or delivering a copy of the process to its address for the time being applying under clause 17.218.2;
20.2.5 18.2.5 agrees that if the appointment of any person mentioned in clause 20.2.1 18.2.1 ceases to be effective, the Borrowers Borrower shall immediately appoint a further person in England to accept service of process on its behalf in England and, failing such appointment within seven (7) days the Agent Lender shall thereupon be entitled and is hereby irrevocably authorised by the Borrowers Borrower in those circumstances to appoint such person by notice to the BorrowersBorrower.
Appears in 2 contracts
Samples: Facility Agreement for a Term Loan (StealthGas Inc.), Facility Agreement for a Term Loan (StealthGas Inc.)
Submission and service of process. Each The Borrower accordingly irrevocably and unconditionally submits to the jurisdiction of the English courts. Without prejudice to any other mode of service each the Borrower:
20.2.1 irrevocably empowers and appoints HFW Nominees Ltd at present of Friary Court, 65 Crutched Friars, Xxxxxx XX0X 0XX, Xxxxxxx as its agent to receive and accept on its behalf any process or other document relating to any proceedings before the English courts in connection with this Agreement;
20.2.2 agrees to maintain such an agent for service of process in England from the date hereof until the end of the Facility Period;
20.2.3 agrees that failure by a process agent to notify the Borrowers Borrower of service of process will not invalidate the proceedings concerned;
20.2.4 without prejudice to the effectiveness of service of process on its agent under clause 20.2.1 above but as an alternative method, consents to the service of process relating to any such proceedings by mailing or delivering a copy of the process to its address for the time being applying under clause 17.2;
20.2.5 agrees that if the appointment of any person mentioned in clause 20.2.1 ceases to be effective, the Borrowers Borrower shall immediately appoint a further person in England to accept service of process on its behalf in England and, failing such appointment within seven (7) days the Agent shall thereupon be entitled and is hereby irrevocably authorised by the Borrowers Borrower in those circumstances to appoint such person by notice to the BorrowersBorrower.
Appears in 2 contracts
Samples: Facility Agreement (Navios Maritime Holdings Inc.), Facility Agreement for a Term Loan Facility (Navios Maritime Acquisition CORP)
Submission and service of process. Each The Borrower accordingly irrevocably and unconditionally submits to the jurisdiction of the English courts. Without prejudice to any other mode of service each the Borrower:
20.2.1 19.2.1 irrevocably empowers and appoints HFW Nominees Ltd Hill Xxxxxxxxx International at present of Friary CourtThe Broadgate Tower, 65 Crutched Friars00 Xxxxxxxx Xxxxxx, Xxxxxx XX0X 0XX, Xxxxxxx as its agent to receive and accept on its behalf any process or other document relating to any proceedings before the English courts in connection with this Agreement;
20.2.2 19.2.2 agrees to maintain such an agent for service of process in England from the date hereof until the end of the Facility Period;
20.2.3 19.2.3 agrees that failure by a process agent to notify the Borrowers Borrower of service of process will not invalidate the proceedings concerned;
20.2.4 19.2.4 without prejudice to the effectiveness of service of process on its agent under clause 20.2.1 19.2.1 above but as an alternative method, consents to the service of process relating to any such proceedings by mailing or delivering a copy of the process to its address for the time being applying under clause 17.2;
20.2.5 19.2.5 agrees that if the appointment of any person mentioned in clause 20.2.1 19.2.1 ceases to be effective, the Borrowers Borrower shall immediately appoint a further person in England to accept service of process on its behalf in England and, failing such appointment within seven (7) days the Agent shall thereupon be entitled and is hereby irrevocably authorised by the Borrowers Borrower in those circumstances to appoint such person by notice to the BorrowersBorrower.
Appears in 2 contracts
Samples: Facility Agreement (EuroDry Ltd.), Facility Agreement (Euroseas Ltd.)
Submission and service of process. Each The Borrower accordingly irrevocably and unconditionally submits to the jurisdiction of the English courts. Without prejudice to any other mode of service each the Borrower:
20.2.1 18.2.1 irrevocably empowers and appoints HFW Nominees Ltd at present of Friary Court, 65 Crutched Friars, Xxxxxx XX0X 0XX, Xxxxxxx as its agent to receive and accept on its behalf any process or other document relating to any proceedings before the English courts in connection with this Agreement;
20.2.2 18.2.2 agrees to maintain such an agent for service of process in England from the date hereof until the end of the Facility Period;
20.2.3 18.2.3 agrees that failure by a process agent to notify the Borrowers Borrower of service of process will not invalidate the proceedings concerned;
20.2.4 18.2.4 without prejudice to the effectiveness of service of process on its agent under clause 20.2.1 18.2.1 above but as an alternative method, consents to the service of process relating to any such proceedings by mailing or delivering a copy of the process to its address for the time being applying under clause 17.216.2;
20.2.5 18.2.5 agrees that if the appointment of any person mentioned in clause 20.2.1 18.2.1 ceases to be effective, the Borrowers Borrower shall immediately appoint a further person in England to accept service of process on its behalf in England and, failing such appointment within with in seven (7) days the Agent Bank shall thereupon be entitled and is hereby irrevocably authorised by the Borrowers Borrower in those circumstances to appoint such person by notice to the BorrowersBorrower.
Appears in 2 contracts
Samples: Loan Agreement (Navios Maritime Holdings Inc.), Facility Agreement (Navios Maritime Holdings Inc.)
Submission and service of process. Each Borrower accordingly For the purpose of clause 15.1, the Shareholder irrevocably and unconditionally submits to the jurisdiction of the English courts. Without prejudice to any other mode of service each Borrowerservice, the Shareholder:
20.2.1 15.2.1 irrevocably empowers and appoints HFW Nominees Ltd Atlas Maritime Services Limited at present of Friary CourtEnterprise House, 65 Crutched Friars100-000 Xxxxxx Xxxx, Xxxxxx XX0X 0XXE18 1AB, Xxxxxxx London, England as its agent to receive and accept on its behalf any process or other document relating to any proceedings before the English courts in connection with this AgreementDeed;
20.2.2 15.2.2 agrees to maintain such an agent for service of process in England from for so long as any amount is outstanding and/or the date hereof until the end Shareholder has any actual or contingent liability arising out of the Facility Periodor in connection with this Deed;
20.2.3 15.2.3 agrees that failure by a process agent to notify the Borrowers Shareholder of service of process will not invalidate the proceedings concerned;
20.2.4 15.2.4 without prejudice to the effectiveness of service of process on its agent under clause 20.2.1 above 15.2.1 but as an alternative method, consents to the service of process relating to any such proceedings by mailing or delivering a copy of the process to its address for the time being applying under clause 17.213.2.1;
20.2.5 15.2.5 agrees that if the appointment of any person mentioned in clause 20.2.1 15.2.1 ceases to be effective, the Borrowers Shareholder shall immediately appoint a further person in England to accept service of process on its behalf in England and, failing such appointment within seven (7) days 7 days, the Agent Security Trustee shall thereupon be entitled and is hereby irrevocably authorised by the Borrowers Shareholder in those circumstances to appoint such person by notice Notice to the BorrowersShareholder.
Appears in 1 contract
Submission and service of process. Each Borrower accordingly irrevocably and unconditionally submits to the jurisdiction of the English courts. Without prejudice to any other mode of service each Borrower:
20.2.1 18.2.1 irrevocably empowers and appoints HFW Nominees Messrs Shoreside Agents Ltd at present of Friary Court, 65 Crutched Friars00 Xxx Xxxxxx Xxxx, Xxxxxx XX0X X0 0XX, Xxxxxxx as its agent to receive and accept on its behalf any process or other document relating to any proceedings before the English courts in connection with this Agreement;
20.2.2 18.2.2 agrees to maintain such an agent for service of process in England from the date hereof until the end of the Facility Period;
20.2.3 18.2.3 agrees that failure by a process agent to notify the Borrowers of service of process will not invalidate the proceedings concerned;
20.2.4 18.2.4 without prejudice to the effectiveness of service of process on its agent under clause 20.2.1 18.2.1 above but as an alternative method, consents to the service of process relating to any such proceedings by mailing or delivering a copy of the process to its address for the time being applying under clause 17.2;16.2; and
20.2.5 18.2.5 agrees that if the appointment of any person mentioned in clause 20.2.1 18.2.1 ceases to be effective, the Borrowers shall immediately appoint a further person in England to accept service of process on its behalf in England and, failing such appointment within seven (7) days the Agent Lender shall thereupon be entitled and is hereby irrevocably authorised by the Borrowers in those circumstances to appoint such person by notice to the Borrowers.
Appears in 1 contract
Samples: Facility Agreement (Euroseas Ltd.)
Submission and service of process. Each Subject to clause 17.4 below, the Borrower and the Lender accordingly irrevocably and unconditionally submits submit to the jurisdiction of the English courts. Without prejudice to any other mode of service each the Borrower:
20.2.1 17.2.1 irrevocably empowers and appoints HFW Nominees Ltd at present of Friary Court, 65 Crutched Friars, Xxxxxx XX0X 0XX, Xxxxxxx as its agent to receive and accept on its behalf any process or other document relating to any proceedings before the English courts in connection with this Agreement;
20.2.2 17.2.2 agrees to maintain such an agent for service of process in England from the date hereof until the end of the Facility Period;
20.2.3 17.2.3 agrees that failure by a process agent to notify the Borrowers Borrower of service of process will not invalidate the proceedings concerned;
20.2.4 17.2.4 without prejudice to the effectiveness of service of process on its agent under clause 20.2.1 17.2.1 above but as an alternative method, consents to the service of process relating to any such proceedings by mailing or delivering a copy of the process to its address for the time being applying under clause 17.215.2;
20.2.5 17.2.5 agrees that if the appointment of any person mentioned in clause 20.2.1 17.2.1 ceases to be effective, the Borrowers Borrower shall immediately appoint a further person in England to accept service of process on its behalf in England and, failing such appointment within with in seven (7) days the Agent Lender shall thereupon be entitled and is hereby irrevocably authorised by the Borrowers Borrower in those circumstances to appoint such person by notice to the BorrowersBorrower.
Appears in 1 contract
Submission and service of process. Each The Borrower accordingly irrevocably and unconditionally submits to the jurisdiction of the English courts. Without prejudice to any other mode of service each the Borrower:
20.2.1 18.2.1 irrevocably empowers and appoints HFW Nominees Messrs Hill Xxxxxxxxx Services (London) Ltd at present of Friary CourtThe Broadgate Tower, 65 Crutched Friars00 Xxxxxxxx Xxxxxx, Xxxxxx XX0X 0XX, Xxxxxxx Xxxxxxx, as its agent to receive and accept on its behalf any process or other document relating to any proceedings before the English courts in connection with this Agreement;
20.2.2 18.2.2 agrees to maintain such an agent for service of process in England from the date hereof until the end of the Facility Period;
20.2.3 18.2.3 agrees that failure by a process agent to notify the Borrowers Borrower of service of process will not invalidate the proceedings concerned;
20.2.4 18.2.4 without prejudice to the effectiveness of service of process on its agent under clause 20.2.1 18.2.1 above but as an alternative method, consents to the service of process relating to any such proceedings by mailing or delivering a copy of the process to its address for the time being applying under clause 17.2;16.2; and
20.2.5 18.2.5 agrees that if the appointment of any person mentioned in clause 20.2.1 18.2.1 ceases to be effective, the Borrowers Borrower shall immediately appoint a further person in England to accept service of process on its behalf in England and, failing such appointment within seven (7) days the Agent Lender shall thereupon be entitled and is hereby irrevocably authorised by the Borrowers Borrower in those circumstances to appoint such person by notice to the BorrowersBorrower.
Appears in 1 contract
Samples: Facility Agreement (Euroseas Ltd.)
Submission and service of process. Each The Borrower accordingly irrevocably and unconditionally submits to the jurisdiction of the English courts. Without prejudice to any other mode of service each the Borrower:
20.2.1 18.2.1 irrevocably empowers and appoints HFW Nominees Ltd at present Atlas Maritime Services Ltd. of Friary CourtEnterprise House, 65 Crutched Friars100-000 Xxxxxx Xxxx, Xxxxxx XX0X 0XXLondon E18 1AB, Xxxxxxx England, as its agent to receive and accept on its behalf any process or other document relating to any proceedings before the English courts in connection with this Agreement;
20.2.2 18.2.2 agrees to maintain such an agent for service of process in England from the date hereof until the end of the Facility Period;
20.2.3 18.2.3 agrees that failure by a process agent to notify the Borrowers Borrower of service of process will not invalidate the proceedings concerned;
20.2.4 18.2.4 without prejudice to the effectiveness of service of process on its agent under clause 20.2.1 18.2.1 above but as an alternative method, consents to the service of process relating to any such proceedings by mailing (by registered mail) or delivering a copy of the process to its address for the time being applying under clause 17.2;16.2; and
20.2.5 18.2.5 agrees that if the appointment of any person mentioned in clause 20.2.1 18.2.1 ceases to be effective, the Borrowers Borrower shall immediately promptly appoint a further person in England to accept service of process on its behalf in England and, failing such appointment within seven (7) days Banking Days the Agent Lender shall thereupon be entitled and is hereby irrevocably authorised by the Borrowers Borrower in those circumstances to appoint such person by notice to the BorrowersBorrower.
Appears in 1 contract
Samples: Loan Agreement (Pyxis Tankers Inc.)
Submission and service of process. Each Borrower accordingly irrevocably and unconditionally submits to the jurisdiction of the English courts. Without prejudice to any other mode of service each Borrower:
20.2.1 irrevocably empowers and appoints HFW Nominees Ltd at present of Friary Court, 65 Crutched Friars00 Xxxxxxxx Xxxxxx, Xxxxxx XX0X 0XX, Xxxxxxx England as its agent to receive and accept on its behalf any process or other document relating to any proceedings before the English courts in connection with this Agreement;
20.2.2 agrees to maintain such an agent for service of process in England from the date hereof until the end of the Facility Period;
20.2.3 agrees that failure by a process agent to notify the Borrowers of service of process will not invalidate the proceedings concerned;
20.2.4 without prejudice to the effectiveness of service of process on its agent under clause 20.2.1 above but as an alternative method, consents to the service of process relating to any such proceedings by mailing or delivering a copy of the process to its address for the time being applying under clause 17.2;
20.2.5 agrees that if the appointment of any person mentioned in clause 20.2.1 ceases to be effective, the Borrowers shall immediately appoint a further person in England to accept service of process on its behalf in England and, failing such appointment within seven (7) days the Agent shall thereupon be entitled and is hereby irrevocably authorised by the Borrowers in those circumstances to appoint such person by notice to the Borrowers.. Table of Contents
Appears in 1 contract
Submission and service of process. Each Borrower The Borrowers accordingly irrevocably and unconditionally submits submit to the jurisdiction of the English courts. Without prejudice to any other mode of service each Borrower:
20.2.1 19.2.1 irrevocably empowers and appoints HFW Nominees Ltd at present of Friary CourtXxxxxx Xxxxx, 65 Crutched FriarsXxxxxx Xxxxxx, Xxxxxx XX0X 0XX, Xxxxxxx as its agent to receive and accept on its behalf any process or other document relating to any proceedings before the English courts in connection with this Agreement;
20.2.2 19.2.2 agrees to maintain such an agent for service of process in England from the date hereof until the end of the Facility Period;
20.2.3 19.2.3 agrees that failure by a process agent to notify the Borrowers of service of process will not invalidate the proceedings concerned;
20.2.4 19.2.4 without prejudice to the effectiveness of service of process on its agent under clause 20.2.1 19.2.1 above but as an alternative method, consents to the service of process relating to any such proceedings by mailing or delivering a copy of the process to its address for the time being applying under clause 17.216.2;
20.2.5 19.2.5 agrees that if the appointment of any person mentioned in clause 20.2.1 19.2.1 ceases to be effective, the Borrowers shall immediately appoint a further person in England to accept service of process on its behalf in England and, failing such appointment within with in seven (7) days the Agent Bank shall thereupon be entitled and is hereby irrevocably authorised by the Borrowers in those circumstances to appoint such person by notice to the Borrowers.
Appears in 1 contract
Submission and service of process. Each Borrower accordingly irrevocably and unconditionally submits to the jurisdiction of the English courts. Without prejudice to any other mode of service each Borrower:
20.2.1 irrevocably empowers and appoints HFW Nominees Ltd at present of Friary Court, 65 Crutched Friars, Xxxxxx XX0X 0XX, Xxxxxxx as its agent to receive and accept on its behalf any process or other document relating to any proceedings before the English courts in connection with this Agreement;
20.2.2 agrees to maintain such an agent for service of process in England from the date hereof until the end of the Facility Period;
20.2.3 agrees that failure by a process agent to notify the Borrowers of service of process will not invalidate the proceedings concerned;
20.2.4 without prejudice to the effectiveness of service of process on its agent under clause 20.2.1 above but as an alternative method, consents to the service of process relating to any such proceedings by mailing or delivering a copy of the process to its address for the time being applying under clause 17.2;
20.2.5 agrees that if the appointment of any person mentioned in clause 20.2.1 ceases to be effective, the Borrowers shall immediately appoint a further person in England to accept service of process on its behalf in England and, failing such appointment within seven (7) days the Agent Lender shall thereupon be entitled and is hereby irrevocably authorised by the Borrowers in those circumstances to appoint such person by notice to the Borrowers.
Appears in 1 contract
Submission and service of process. Each Borrower accordingly For the purpose of clause 8.1, the Guarantor irrevocably and unconditionally submits to the jurisdiction of the English courts. Without prejudice to any other mode of service each Borrowerservice, the Guarantor:
20.2.1 8.2.1 irrevocably empowers and appoints HFW Nominees Ltd Hill Xxxxxxxxx Services (London) Limited at present of Friary CourtThe Broadgate Tower, 65 Crutched Friars00 Xxxxxxxx Xxxxxx, Xxxxxx XX0X 0XX, Xxxxxxx Xxxxxxx, as its agent to receive and accept on its behalf any process or other document relating to any proceedings before the English courts in connection with this AgreementGuarantee;
20.2.2 8.2.2 agrees to maintain such an agent for service of process in England from for so long as any amount is outstanding and/or the date hereof until the end Guarantor has any actual or contingent liability arising out of the Facility Periodor in connection with this Guarantee;
20.2.3 8.2.3 agrees that failure by a process agent to notify the Borrowers Guarantor of service of process will not invalidate the proceedings concerned;
20.2.4 8.2.4 without prejudice to the effectiveness of service of process on its agent under sub-clause 20.2.1 above 8.
2.1 but as an alternative method, consents to the service of process relating to any such proceedings by mailing or delivering a copy of the process to its address for the time being applying under clause 17.27.1 and 7.2 (Notices);
20.2.5 8.2.5 agrees that if the appointment of any person mentioned in sub-clause 20.2.1 8.2.1 above ceases to be effective, the Borrowers Guarantor shall immediately appoint a further person in England to accept service of process on its behalf in England and, failing such appointment within seven (7) days days, the Agent Security Trustee shall thereupon be entitled and is hereby irrevocably authorised by the Borrowers Guarantor in those circumstances to appoint such person by notice to the BorrowersGuarantor.
Appears in 1 contract
Samples: Corporate Guarantee (EuroDry Ltd.)
Submission and service of process. Each Borrower The Borrowers accordingly irrevocably and unconditionally submits submit to the jurisdiction of the English courts. Without prejudice to any other mode of service each Borrower:
20.2.1 19.2.1 irrevocably empowers and appoints HFW Nominees Ltd Limited at present of Friary Court, 65 Crutched Friars, Xxxxxx XX0X 0XX, Xxxxxxx as its agent to receive and accept on its behalf any process or other document relating to any proceedings before the English courts in connection with this Agreement;
20.2.2 19.2.2 agrees to maintain such an agent for service of process in England from the date hereof until the end of the Facility Period;
20.2.3 19.2.3 agrees that failure by a process agent to notify the Borrowers of service of process will not invalidate the proceedings concerned;
20.2.4 19.2.4 without prejudice to the effectiveness of service of process on its agent under clause 20.2.1 19.2.1 above but as an alternative method, consents to the service of process relating to any such proceedings by mailing or delivering a copy of the process to its address for the time being applying under clause 17.216.2;
20.2.5 19.2.5 agrees that if the appointment of any person mentioned in clause 20.2.1 19.2.1 ceases to be effective, the Borrowers shall immediately appoint a further person in England to accept service of process on its behalf in England and, failing such appointment within with in seven (7) days the Agent Bank shall thereupon be entitled and is hereby irrevocably authorised by the Borrowers in those circumstances to appoint such person by notice to the Borrowers.
Appears in 1 contract
Submission and service of process. Each Borrower accordingly For the purpose of clause 8.1, the Guarantor irrevocably and unconditionally submits to the jurisdiction of the English courts. Without prejudice to any other mode of service each Borrowerservice, the Guarantor:
20.2.1 8.2.1 irrevocably empowers and appoints HFW Nominees Messrs Hill Xxxxxxxxx Services (London) Ltd at present of Friary Courttheir office for the time being, 65 Crutched Friarspresently at The Broadgate Tower, 00 Xxxxxxxx Xxxxxx, Xxxxxx XX0X 0XX, Xxxxxxx Xxxxxxx, as its agent to receive and accept on its behalf any process or other document relating to any proceedings before the English courts in connection with this AgreementGuarantee;
20.2.2 8.2.2 agrees to maintain such an agent for service of process in England from for so long as any amount is outstanding and/or the date hereof until the end Guarantor has any actual or contingent liability arising out of the Facility Periodor in connection with this Guarantee;
20.2.3 8.2.3 agrees that failure by a process agent to notify the Borrowers Guarantor of service of process will not invalidate the proceedings concerned;
20.2.4 8.2.4 without prejudice to the effectiveness of service of process on its agent under sub-clause 20.2.1 above 8.
2.1 but as an alternative method, consents to the service of process relating to any such proceedings by mailing or delivering a copy of the process to its address for the time being applying under clause 17.27.2 (Notices);
20.2.5 8.2.5 agrees that if the appointment of any person mentioned in sub-clause 20.2.1 8.2.1 above ceases to be effective, the Borrowers Guarantor shall immediately appoint a further person in England to accept service of process on its behalf in England and, failing such appointment within seven (7) days days, the Agent Lender shall thereupon be entitled and is hereby irrevocably authorised by the Borrowers Guarantor in those circumstances to appoint such person by notice to the BorrowersGuarantor.
Appears in 1 contract
Samples: Corporate Guarantee (EuroDry Ltd.)
Submission and service of process. Each Borrower accordingly irrevocably and unconditionally submits to the jurisdiction of the English courts. Without prejudice to any other mode of service each Borrower:
20.2.1 irrevocably empowers and appoints HFW Nominees Ltd at present of Friary CourtXxxxxx Xxxxx, 65 Crutched FriarsXxxxxx Xxxxxx, Xxxxxx XX0X 0XX, Xxxxxxx as its agent to receive and accept on its behalf any process or other document relating to any proceedings before the English courts in connection with this Agreement;
20.2.2 agrees to maintain such an agent for service of process in England from the date hereof until the end of the Facility Period;
20.2.3 agrees that failure by a process agent to notify the Borrowers of service of process will not invalidate the proceedings concerned;
20.2.4 without prejudice to the effectiveness of service of process on its agent under clause 20.2.1 above but as an alternative method, consents to the service of process relating to any such proceedings by mailing or delivering a copy of the process to its address for the time being applying under clause 17.2;
20.2.5 agrees that if the appointment of any person mentioned in clause 20.2.1 ceases to be effective, the Borrowers shall immediately appoint a further person in England to accept service of process on its behalf in England and, failing such appointment within seven (7) days the Agent Lender shall thereupon be entitled and is hereby irrevocably authorised by the Borrowers in those circumstances to appoint such person by notice to the Borrowers.
Appears in 1 contract
Submission and service of process. Each The Borrower accordingly irrevocably and unconditionally submits to the jurisdiction of the English courts. Without prejudice to any other mode of service each the Borrower:
20.2.1 19.2.1 irrevocably empowers and appoints HFW Nominees Ltd at present of Friary Court, 65 Crutched Friars, Xxxxxx XX0X 0XX, Xxxxxxx as its agent to receive and accept on its behalf any process or other document relating to any proceedings before the English courts in connection with this Agreement;
20.2.2 19.2.2 agrees to maintain such an agent for service of process in England from the date hereof until the end of the Facility Period;
20.2.3 19.2.3 agrees that failure by a process agent to notify the Borrowers Borrower of service of process will not invalidate the proceedings concerned;
20.2.4 19.2.4 without prejudice to the effectiveness of service of process on its agent under clause 20.2.1 19.2.1 above but as an alternative method, consents to the service of process relating to any such proceedings by mailing or delivering a copy of the process to its address for the time being applying under clause 17.2;
20.2.5 19.2.5 agrees that if the appointment of any person mentioned in clause 20.2.1 19.2.1 ceases to be effective, the Borrowers Borrower shall immediately appoint a further person in England to accept service of process on its behalf in England and, failing such appointment within seven (7) days the Agent Lender shall thereupon be entitled and is hereby irrevocably authorised by the Borrowers Borrower in those circumstances to appoint such person by notice to the BorrowersBorrower.
Appears in 1 contract
Submission and service of process. Each The Borrower accordingly irrevocably and unconditionally submits to the jurisdiction of the English courts. Without prejudice to any other mode of service each the Borrower:
20.2.1 19.2.1 irrevocably empowers and appoints HFW Nominees Ltd at present Xxxxxxx & Co. of Friary CourtXxx Xxxxx Xxxx, 65 Crutched FriarsLondon EC2V 8AE, Xxxxxx XX0X 0XX, Xxxxxxx England as its agent to receive and accept on its behalf any process or other document relating to any proceedings before the English courts in connection with this Agreement;
20.2.2 19.2.2 agrees to maintain such an agent for service of process in England from the date hereof until the end of the Facility Period;
20.2.3 19.2.3 agrees that failure by a process agent to notify the Borrowers Borrower of service of process will not invalidate the proceedings concerned;
20.2.4 19.2.4 without prejudice to the effectiveness of service of process on its agent under clause 20.2.1 19.2.1 above but as an alternative method, consents to the service of process relating to any such proceedings by mailing or delivering a copy of the process to its address for the time being applying under clause 17.2;
20.2.5 19.2.5 agrees that if the appointment of any person mentioned in clause 20.2.1 19.2.1 ceases to be effective, the Borrowers Borrower shall immediately appoint a further person in England to accept service of process on its behalf in England and, failing such appointment within seven (7) days the Agent Security Trustee shall thereupon be entitled and is hereby irrevocably authorised by the Borrowers Borrower in those circumstances to appoint such person by notice to the BorrowersBorrower.
Appears in 1 contract
Samples: Facility Agreement (StealthGas Inc.)
Submission and service of process. Each Borrower accordingly accordingly, irrevocably and unconditionally submits to the jurisdiction of the English courts. Without prejudice to any other mode of service each Borrower:
20.2.1 19.2.1 irrevocably empowers and appoints HFW Nominees Ltd at present of Friary CourtXxxxxx Xxxxx, 65 Crutched FriarsXxxxxx Xxxxxx, Xxxxxx XX0X 0XX, Xxxxxxx as its agent to receive and accept on its behalf any process or other document relating to any proceedings before the English courts in connection with this Agreement (including any non-contractual obligations connected with this Agreement);
20.2.2 19.2.2 agrees to maintain such an agent for service of process in England from the date hereof until the end of the Facility Period;
20.2.3 19.2.3 agrees that failure by a process agent to notify the Borrowers a Borrower of service of process will not invalidate the proceedings concerned;
20.2.4 19.2.4 without prejudice to the effectiveness of service of process on its agent under clause 20.2.1 19.2.1 above but as an alternative method, consents to the service of process relating to any such proceedings by mailing or delivering a copy of the process to its address for the time being applying under clause 17.216.2;
20.2.5 19.2.5 agrees that if the appointment of any person mentioned in clause 20.2.1 19.2.1 ceases to be effective, the Borrowers such Borrower shall immediately appoint a further person in England to accept service of process on its behalf in England and, failing such appointment within seven (7) days the Agent Lender shall thereupon be entitled and is hereby irrevocably authorised by the Borrowers such Borrower in those circumstances to appoint such person by notice to the Borrowerssuch Borrower.
Appears in 1 contract
Submission and service of process. Each Borrower accordingly irrevocably and unconditionally submits to the jurisdiction of the English courts. Without prejudice to any other mode of service each Borrower:
20.2.1 irrevocably empowers and appoints HFW Nominees Ltd Hill Xxxxxxxxx Services (London) Ltd. at present of Friary CourtThe Broadgate Tower, 65 Crutched Friars00 Xxxxxxxx Xxxxxx, Xxxxxx XX0X 0XX, Xxxxxxx Xxxxxxx, as its agent to receive and accept on its behalf any process or other document relating to any proceedings before the English courts in connection with this Agreement;
20.2.2 agrees to maintain such an agent for service of process in England from the date hereof until the end of the Facility Period;
20.2.3 agrees that failure by a process agent to notify the Borrowers of service of process will not invalidate the proceedings concerned;
20.2.4 without prejudice to the effectiveness of service of process on its agent under clause 20.2.1 above but as an alternative method, consents to the service of process relating to any such proceedings by mailing or delivering a copy of the process to its address for the time being applying under clause 17.2;
20.2.5 agrees that if the appointment of any person mentioned in clause 20.2.1 ceases to be effective, the Borrowers shall immediately appoint a further person in England to accept service of process on its behalf in England and, failing such appointment within seven (7) days the Agent shall thereupon be entitled and is hereby irrevocably authorised by the Borrowers in those circumstances to appoint such person by notice to the Borrowers.
Appears in 1 contract
Samples: Facility Agreement for a Term Loan Facility (Navios Maritime Partners L.P.)
Submission and service of process. Each Borrower accordingly irrevocably and unconditionally submits to the jurisdiction of the English courts. Without prejudice to any other mode of service each Borrower:
20.2.1 irrevocably empowers and appoints HFW Nominees Ltd at present of Friary Court, 65 Crutched Friars, Xxxxxx XX0X 0XX, Xxxxxxx as its agent to receive and accept on its behalf any process or other document relating to any proceedings before the English courts in connection with this Agreement;
20.2.2 agrees to maintain such an agent for service of process in England from the date hereof until the end of the Facility Period;
20.2.3 agrees that failure by a process agent to notify the Borrowers of service of process will not invalidate the proceedings concerned;
20.2.4 without prejudice to the effectiveness of service of process on its agent under clause 20.2.1 above but as an alternative method, consents to the service of process relating to any such proceedings by mailing or delivering a copy of the process to its address for the time being applying under clause 17.2;
20.2.5 agrees that if the appointment of any person mentioned in clause 20.2.1 ceases to be effective, the Borrowers shall immediately appoint a further person in England to accept service of process on its behalf in England and, failing such appointment within seven (7) days the Agent shall thereupon be entitled and is hereby irrevocably authorised by the Borrowers in those circumstances to appoint such person by notice to the Borrowers.. 55 Table of Contents
Appears in 1 contract
Samples: Facility Agreement (Navios Maritime Acquisition CORP)
Submission and service of process. Each The Borrower accordingly irrevocably and unconditionally submits to the jurisdiction of the English courts. Without prejudice to any other mode of service each the Borrower:
20.2.1 18.2.1 irrevocably empowers and appoints HFW Nominees Ltd at present Hill Xxxxxxxxx Services (London) Limited of Friary CourtXxxxxxxx Xxxxx, 65 Crutched FriarsXxxx’x Xxxxx, Xxxxxx XX0X 0XX, Xxxxxxx as its agent to receive and accept on its behalf any process or other document relating to any proceedings before the English courts in connection with this Agreement;
20.2.2 18.2.2 agrees to maintain such an agent for service of process in England from the date hereof until the end of the Facility Period;
20.2.3 18.2.3 agrees that failure by a process agent to notify the Borrowers Borrower of service of process will not invalidate the proceedings concerned;
20.2.4 18.2.4 without prejudice to the effectiveness of service of process on its agent under clause 20.2.1 18.2.1 above but as an alternative method, consents to the service of process relating to any such proceedings by mailing or delivering a copy of the process to its address for the time being applying under clause 17.218.2;
20.2.5 18.2.5 agrees that if the appointment of any person mentioned in clause 20.2.1 18.2.1 ceases to be effective, the Borrowers Borrower shall immediately appoint a further person in England to accept service of process on its behalf in England and, failing such appointment within seven (7) days the Agent Security Trustee shall thereupon be entitled and is hereby irrevocably authorised by the Borrowers Borrower in those circumstances to appoint such person by notice to the BorrowersBorrower.
Appears in 1 contract
Samples: Facility Agreement for a Term Loan (Box Ships Inc.)
Submission and service of process. Each Borrower accordingly For the purpose of clause 15.1, the Shareholder irrevocably and unconditionally submits to the jurisdiction of the English courts. Without prejudice to any other mode of service each Borrowerservice, the Shareholder:
20.2.1 15.2.1 irrevocably empowers and appoints HFW Nominees Ltd Hill Xxxxxxxxx Services (London) Limited at present of Friary CourtThe Broadgate Tower, 65 Crutched Friars00 Xxxxxxxx Xxxxxx, Xxxxxx XX0X 0XX, Xxxxxxx as its agent to receive and accept on its behalf any process or other document relating to any proceedings before the English courts in connection with this AgreementDeed;
20.2.2 15.2.2 agrees to maintain such an agent for service of process in England from for so long as any amount is outstanding and/or the date hereof until the end Shareholder has any actual or contingent liability arising out of the Facility Periodor in connection with this Deed;
20.2.3 15.2.3 agrees that failure by a process agent to notify the Borrowers Shareholder of service of process will not invalidate the proceedings concerned;
20.2.4 15.2.4 without prejudice to the effectiveness of service of process on its agent under clause 20.2.1 above 15.2.1 but as an alternative method, consents to the service of process relating to any such proceedings by mailing or delivering a copy of the process to its address for the time being applying under clause 17.213.2.1;
20.2.5 15.2.5 agrees that if the appointment of any person mentioned in clause 20.2.1 15.2.1 ceases to be effective, the Borrowers Shareholder shall immediately appoint a further person in England to accept service of process on its behalf in England and, failing such appointment within seven (7) days 7 days, the Agent Security Trustee shall thereupon be entitled and is hereby irrevocably authorised by the Borrowers Shareholder in those circumstances to appoint such person by notice Notice to the BorrowersShareholder.
Appears in 1 contract
Samples: Pledge Agreement (EuroDry Ltd.)
Submission and service of process. Each Borrower accordingly irrevocably and unconditionally submits to the jurisdiction of the English courts. Without prejudice to any other mode of service each Borrower:
20.2.1 18.2.1 irrevocably empowers and appoints HFW Nominees Messrs Shoreside Agents Ltd at present of Friary Court, 65 Crutched Friars00 Xxx Xxxxxx Xxxx, Xxxxxx XX0X X0 0XX, Xxxxxxx Xxxxxxx, as its agent to receive and accept on its behalf any process or other document relating to any proceedings before the English courts in connection with this Agreement;
20.2.2 18.2.2 agrees to maintain such an agent for service of process in England from the date hereof until the end of the Facility Period;
20.2.3 18.2.3 agrees that failure by a process agent to notify the Borrowers of service of process will not invalidate the proceedings concerned;
20.2.4 18.2.4 without prejudice to the effectiveness of service of process on its agent under clause 20.2.1 18.2.1 above but as an alternative method, consents to the service of process relating to any such proceedings by mailing or delivering a copy of the process to its address for the time being applying under clause 17.2;16.2; and
20.2.5 18.2.5 agrees that if the appointment of any person mentioned in clause 20.2.1 18.2.1 ceases to be effective, the Borrowers shall immediately appoint a further person in England to accept service of process on its behalf in England and, failing such appointment within seven (7) days the Agent Lender shall thereupon be entitled and is hereby irrevocably authorised by the Borrowers in those circumstances to appoint such person by notice to the Borrowers.
Appears in 1 contract
Samples: Facility Agreement (EuroDry Ltd.)
Submission and service of process. Each Borrower accordingly irrevocably and unconditionally submits to the jurisdiction of the English courts. Without prejudice to any other mode of service each Borrower:
20.2.1 21.2.1 irrevocably empowers and appoints HFW Nominees Ltd Messrs Hill Xxxxxxxxx Services (London) Limited at present of Friary CourtBroadgate Tower, 65 Crutched Friars00 Xxxxxxxx Xxxxxx, Xxxxxx XX0X 0XX, Xxxxxxx Xxxxxxx, as its agent to receive and accept on its behalf any process or other document relating to any proceedings before the English courts in connection with this Agreement;
20.2.2 21.2.2 agrees to maintain such an agent for service of process in England from the date hereof until the end of the Facility Period;
20.2.3 21.2.3 agrees that failure by a process agent to notify the Borrowers any Borrower of service of process will not invalidate the proceedings concerned;
20.2.4 21.2.4 without prejudice to the effectiveness of service of process on its agent under clause 20.2.1 Clause 21.2.1 above but as an alternative method, consents to the service of process relating to any such proceedings by mailing or delivering a copy of the process to its address for the time being applying under clause 17.2;Clause 19.2 (Addresses for communication, effective date of notices); and
20.2.5 21.2.5 agrees that if the appointment of any person mentioned in clause 20.2.1 Clause 21.2.1 ceases to be effective, the Borrowers each Borrower shall immediately appoint a further person in England to accept service of process on its behalf in England and, failing such appointment within seven (7) days the Agent Lender shall thereupon be entitled and is hereby irrevocably authorised by the Borrowers in those circumstances to appoint such person by notice to the Borrowers.
Appears in 1 contract
Submission and service of process. Each Borrower accordingly For the purpose of clause 8.1, the Guarantor irrevocably and unconditionally submits to the jurisdiction of the English courts. Without prejudice to any other mode of service each Borrowerservice, the Guarantor:
20.2.1 8.2.1 irrevocably empowers and appoints HFW Nominees Ltd Atlas Maritime Services Limited at present of Friary CourtEnterprise House, 65 Crutched Friars100-000 Xxxxxx Xxxx, Xxxxxx XX0X 0XXE18 1AB, Xxxxxxx London, England, as its agent to receive and accept on its behalf any process or other document relating to any proceedings before the English courts in connection with this AgreementGuarantee;
20.2.2 8.2.2 agrees to maintain such an agent for service of process in England from for so long as any amount is outstanding and/or the date hereof until the end Guarantor has any actual or contingent liability arising out of the Facility Periodor in connection with this Guarantee;
20.2.3 8.2.3 agrees that failure by a process agent to notify the Borrowers Guarantor of service of process will not invalidate the proceedings concerned;
20.2.4 8.2.4 without prejudice to the effectiveness of service of process on its agent under sub-clause 20.2.1 above 8.
2.1 but as an alternative method, consents to the service of process relating to any such proceedings by mailing or delivering a copy of the process to its address for the time being applying under clause 17.27.1 and 7.2 (Notices);
20.2.5 8.2.5 agrees that if the appointment of any person mentioned in sub-clause 20.2.1 8.2.1 above ceases to be effective, the Borrowers Guarantor shall immediately appoint a further person in England to accept service of process on its behalf in England and, failing such appointment within seven (7) days days, the Agent Security Trustee shall thereupon be entitled and is hereby irrevocably authorised by the Borrowers Guarantor in those circumstances to appoint such person by notice to the BorrowersGuarantor.
Appears in 1 contract