Common use of Subordination of rights of Borrower Clause in Contracts

Subordination of rights of Borrower. All rights which the Borrower at any time has (whether in respect of the Loan or any other transaction) against any Owner or its assets shall be fully subordinated to the rights of the Creditor Parties under the Finance Documents; and in particular, the Borrower shall not during the Security Period: (a) claim, or in a bankruptcy of any Owner or prove for any amount payable to the Borrower by an Owner, whether in respect of the Loan or any other transaction; (b) take or enforce any Security Interest for any such amount; or (c) claim to set-off any such amount against any amount payable by the Borrower to any Owner.

Appears in 17 contracts

Samples: Loan Agreement (Paragon Shipping Inc.), Amending and Restating Agreement (Paragon Shipping Inc.), Loan Agreement (Star Bulk Carriers Corp.)

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Subordination of rights of Borrower. All rights which the Borrower at any time has (whether in respect of against the Loan or any other transaction) against any Owner or its assets shall be fully subordinated to the rights of the Creditor Parties Lender under the Finance Documents; and in particular, the Borrower shall not during the Security Period: (a) claim, or in a bankruptcy of any the Owner or prove for for, any amount payable to the Borrower by an the Owner, whether in respect of the Loan this or any other transaction; (b) take or enforce any Security Interest for any such amount; or (c) claim to set-off any such amount against any amount payable by the Borrower to any the Owner.

Appears in 5 contracts

Samples: Loan Agreement, Loan Agreement (Paragon Shipping Inc.), Loan Agreement (Box Ships Inc.)

Subordination of rights of Borrower. All rights which the Borrower at any time has (whether in respect of the Loan or any other transaction) against any Owner Guarantor or its assets shall be fully subordinated to the rights of the Creditor Parties Lender under the Finance Documents; and in particular, the Borrower shall not during the Security Period: (a) claim, or in a bankruptcy of any Owner or Guarantor prove for for, any amount payable to the Borrower by an Ownera Guarantor, whether in respect of the Loan this or any other transaction; (b) take or enforce any Security Interest for any such amount; or (c) claim to set-off any such amount against any amount payable by the Borrower to any OwnerGuarantor.

Appears in 3 contracts

Samples: Loan Agreement (Arlington Tankers Ltd.), Loan Agreement (General Maritime Corp / MI), Loan Agreement (Arlington Tankers Ltd.)

Subordination of rights of Borrower. All rights which the Borrower at any time has (whether in respect of the Loan or any other transaction) against any Owner or its assets shall be fully subordinated to the rights of the Creditor Parties under the Finance Documents; and in particular, the Borrower shall not during the Security Period: (a) claim, or in a bankruptcy of any Owner or prove for for, any amount payable to the Borrower by an any Owner, whether in respect of the on-lending of the Loan or any other transaction; (b) take or enforce any Security Interest for any such amount; or (c) claim to set-off any such amount against any amount payable by the Borrower to any Owner.

Appears in 3 contracts

Samples: Loan Agreement (Capital Product Partners L.P.), Loan Agreement, Loan Agreement (Capital Product Partners L.P.)

Subordination of rights of Borrower. All rights which the Borrower at any time has (whether in respect of the Loan or any other transaction) against any Owner or its assets shall be fully subordinated to the rights of the Creditor Parties Lender under the Finance Documents; and in particular, the Borrower shall not during the Security Period: (a) claim, or in a bankruptcy of any the Owner or prove for any amount payable to the Borrower by an the Owner, whether in respect of the Loan or any other transaction; (b) take or enforce any Security Interest for any such amount; or (c) claim to set-off any such amount against any amount payable by the Borrower to any the Owner.

Appears in 2 contracts

Samples: Loan Agreement (Star Bulk Carriers Corp.), Loan Agreement (Star Cosmo Llc.)

Subordination of rights of Borrower. All rights which the Borrower at any time has (whether in respect of the on-lending of the Loan or any other transaction) against any either Owner or its their assets shall be fully subordinated to the rights of the Creditor Parties Lender under the Finance Documents; and in particular, the Borrower shall not during the Security Period: (a) claim, or in a bankruptcy of any either Owner or prove for for, any amount payable to the Borrower by an either Owner, whether in respect of the Loan this or any other transaction; (b) take or enforce any Security Interest for any such amount; or (c) claim to set-off any such amount against any amount payable by the Borrower to any either Owner.

Appears in 2 contracts

Samples: Loan Agreement (Danaos Corp), Loan Agreement (Danaos Corp)

Subordination of rights of Borrower. All rights which the Borrower at any time has (whether in respect of the on-lending of the Loan or any other transaction) against any the Owner or its assets shall be fully subordinated to the rights of the Creditor Parties Lender under the Finance Documents; and in particular, the Borrower shall not during the Security Period: (a) claim, or in a bankruptcy of any the Owner or prove for for, any amount payable to the Borrower by an the Owner, whether in respect of the on-lending of the Loan or any other transaction; (b) take or enforce any Security Interest for any such amount; or (c) claim to set-off any such amount against any amount payable by the Borrower to any the Owner.

Appears in 2 contracts

Samples: Loan Agreement (Tsakos Energy Navigation LTD), Loan Agreement (Tsakos Energy Navigation LTD)

Subordination of rights of Borrower. All rights which the Borrower at any time has (whether in respect of the Loan or any other transaction) against any either Owner or its assets shall be fully subordinated to the rights of the Creditor Parties Lender under the Finance Documents; and in particular, the Borrower shall not during the Security Period: (a) claim, or in a bankruptcy of any either Owner or prove for for, any amount payable to the Borrower by an either Owner, whether in respect of the Loan this or any other transaction; (b) take or enforce any Security Interest for any such amount; or (c) claim to set-off any such amount against any amount payable by the Borrower to any either Owner.

Appears in 2 contracts

Samples: Loan Agreement (Paragon Shipping Inc.), Loan Agreement (StealthGas Inc.)

Subordination of rights of Borrower. All rights which the Borrower at any time has (whether in respect of the Loan or any other transaction) against any Owner or its assets shall be fully subordinated to the rights of the Creditor Parties under the Finance Documents; and in particular, the Borrower shall not during the Security Period: (a) claim, or in a bankruptcy of any Owner or prove for for, any amount payable to the Borrower by an Owner, whether in respect of the Loan or any other transaction; (b) take or enforce any Security Interest for any such amount; or (c) claim to set-off any such amount against any amount payable by the Borrower to any Owner.

Appears in 2 contracts

Samples: Loan Facility Agreement (Star Bulk Carriers Corp.), Loan Facility Agreement (Star Bulk Carriers Corp.)

Subordination of rights of Borrower. All rights which the Borrower at any time has (whether in respect of the on-lending of the Loan or any other transaction) against any Owner or its their respective assets shall be fully subordinated to the rights of the Creditor Parties under the Finance Documents; and in particular, the Borrower shall not during the Security Period: (a) claim, or in a bankruptcy of any Owner or prove for for, any amount payable to the Borrower by an Owner, whether in respect of the on-lending of the Loan or any other transaction; (b) take or enforce any Security Interest for any such amount; or (c) claim to set-off any such amount against any amount payable by the Borrower to any Owner.

Appears in 2 contracts

Samples: Loan Agreement (Danaos Corp), Loan Agreement (Danaos Corp)

Subordination of rights of Borrower. All rights which the Borrower at any time has (whether in respect of the Loan or any other transaction) against any each Owner or its assets shall be fully subordinated to the rights of the Creditor Parties Lenders under the Finance Documents; and in particular, the Borrower shall not during the Security Period: (a) claim, or in a bankruptcy of any Owner or prove for for, any amount payable to the Borrower by an that Owner, whether in respect of the Loan this or any other transaction; (b) take or enforce any Security Interest for any such amount; or (c) claim to set-off any such amount against any amount payable by the Borrower to any Owner.

Appears in 2 contracts

Samples: Loan Agreement (Capital Product Partners L.P.), Loan Agreement (Capital Product Partners L.P.)

Subordination of rights of Borrower. All rights which the Borrower at any time has (whether in respect of the Loan or any other transaction) against any Owner or its assets shall be fully subordinated to the rights of the Creditor Parties under the Finance Documents; and in particular, the Borrower shall not during the Security Period: (a) claim, or in a bankruptcy of any Owner or prove for for, any amount payable to the Borrower by an any Owner, whether in respect of the Loan this or any other transaction; (b) take or enforce any Security Interest for any such amount; or (c) claim to set-set off any such amount against any amount payable by the Borrower to any Owner.

Appears in 2 contracts

Samples: Loan Agreement (Paragon Shipping Inc.), Loan Agreement (Paragon Shipping Inc.)

Subordination of rights of Borrower. All rights which the Borrower at any time has (whether in respect of against the Loan or any other transaction) against any Owner or its assets shall be fully subordinated to the rights of the Creditor Parties Lenders under the Finance Documents; and in particular, the Borrower shall not during the Security Period: (a) claim, or in a bankruptcy of any the Owner or prove for for, any amount payable to the Borrower by an the Owner, whether in respect of the Loan this or any other transaction; (b) take or enforce any Security Interest for any such amount; or (c) claim to set-off any such amount against any amount payable by the Borrower to any the Owner.

Appears in 1 contract

Samples: Loan Agreement (Capital Product Partners L.P.)

Subordination of rights of Borrower. All rights which the Borrower at any time has (whether in respect of the on-lending of the Loan or any other transaction) against any Owner or its their assets shall be fully subordinated to the rights of the Creditor Parties under the Finance Documents; and in particular, the Borrower shall not during the Security Period: (a) claim, or in a bankruptcy of any Owner or prove for for, any amount payable to the Borrower by an any Owner, whether in respect of the Loan this or any other transaction; (b) take or enforce any Security Interest for any such amount; or (c) claim to set-off any such amount against any amount payable by the Borrower to any Owner.

Appears in 1 contract

Samples: Loan Agreement (Danaos Corp)

Subordination of rights of Borrower. All rights which the Borrower at any time has (whether in respect of the Loan or any other transaction) against any Owner or its assets shall be fully subordinated to the rights of the Creditor Parties under the Finance Documents; and in particular, the Borrower shall not during the Security Period: (a) claim, or in a bankruptcy of any Owner or prove for for, any amount payable to the Borrower by an any Owner, whether in respect of the on- lending of the Loan or any other transaction; (b) take or enforce any Security Interest for any such amount; or (c) claim to set-off any such amount against any amount payable by the Borrower to any Owner.

Appears in 1 contract

Samples: Loan Agreement

Subordination of rights of Borrower. All rights which the Borrower at any time has (whether in respect of the on-lending of the Loan or any other transaction) against any the Owner or its assets shall be fully subordinated to the rights of the Creditor Parties under the Finance Documents; and in particular, the Borrower shall not during the Security Period: (a) claim, or in a bankruptcy of any the Owner or prove for for, any amount payable to the Borrower by an the Owner, whether in respect of the on-lending of the Loan or any other transaction; (b) take or enforce any Security Interest for any such amount; or (c) claim to set-off any such amount against any amount payable by the Borrower to any the Owner.

Appears in 1 contract

Samples: Loan Agreement (Tsakos Energy Navigation LTD)

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Subordination of rights of Borrower. All rights which the Borrower at any time has (whether in respect of the Loan or any other transaction) against any Owner or its their assets shall be fully subordinated to the rights of the Creditor Parties Lender under the Finance Documents; and in particular, the Borrower shall not during the Security Period: (a) claim, or in a bankruptcy of any Owner or prove for for, any amount payable to the Borrower by an any Owner, whether in respect of the Loan this or any other transaction; (b) take or enforce any Security Interest for any such amount; or (c) claim to set-off set‑off any such amount against any amount payable by the Borrower to any Owner.

Appears in 1 contract

Samples: Loan Agreement (Box Ships Inc.)

Subordination of rights of Borrower. All rights which the Borrower at any time has (whether in respect of the on-lending of the Loan or any other transaction) against any Owner or its their assets shall be fully subordinated to the rights of the Creditor Parties under the Finance Documents; and in particular, the Borrower shall not during the Security Period: (a) claim, or in a bankruptcy of any Owner or prove for for, any amount payable to the Borrower by an Ownerany Owner , whether in respect of the Loan this or any other transaction; (b) take or enforce any Security Interest for any such amount; or (c) claim to set-off any such amount against any amount payable by the Borrower to any Owner.

Appears in 1 contract

Samples: Loan Agreement (Danaos Corp)

Subordination of rights of Borrower. All rights which the Borrower at any time has (whether in respect of the Loan or any other transaction) against any an Owner or its assets shall be fully subordinated to the rights of the Creditor Parties under the Finance Documents; , and in particular, particular the Borrower shall not during the Security Period: (a) claim, or in a the bankruptcy of any Owner or prove for for, any amount payable to the Borrower by an Owner, whether that Owner in respect of the Loan or any other transactioncompetition with a Creditor Party; (b) take or enforce any Security Interest for any such amount; or (c) claim to set-off any such amount against any amount payable by the Borrower to any that Owner.

Appears in 1 contract

Samples: Loan Agreement (Seacastle Inc.)

Subordination of rights of Borrower. All rights which the Borrower at any time has (whether in respect of the on-lending of the Loan or any other transaction) against any an Owner or its assets shall be fully subordinated to the rights of the Creditor Parties under the Finance Documents; , and in particular, particular the Borrower shall not during the Security Period: (a) claim, or in a the bankruptcy of any Owner or prove for for, any amount payable to the Borrower by an Owner, whether that Owner in respect of the Loan or any other transactioncompetition with a Creditor Party; (b) take or enforce any Security Interest for any such amount; or (c) claim to set-off any such amount against any amount payable by the Borrower to any that Owner.

Appears in 1 contract

Samples: Amending and Restating Agreement (Seacastle Inc.)

Subordination of rights of Borrower. All rights which the Borrower at any time has (whether in respect of the Loan or any other transaction) against any Owner or its assets shall be fully subordinated to the rights of the Creditor Parties Lender under the Finance Documents; and in particular, the Borrower shall not during the Security Period: (a) claim, or in a bankruptcy of any either Owner or prove for any amount payable to the Borrower by an Owner, whether in respect of the Loan or any other transaction; (b) take or enforce any Security Interest for any such amount; or (c) claim to set-off any such amount against any amount payable by the Borrower to any Ownerthe Owners (or either of them).

Appears in 1 contract

Samples: Loan Agreement (Star Bulk Carriers Corp.)

Subordination of rights of Borrower. All rights which the Borrower at any time has (whether in respect of the Loan or any other transaction) against any either Owner or its assets shall be fully subordinated to the rights of the Creditor Parties Lender under the Finance Documents; and in particular, the Borrower shall not during the Security Period: (a) claim, or in a bankruptcy of any either Owner or prove for any amount payable to the Borrower by an either Owner, whether in respect of the Loan or any other transaction; (b) take or enforce any Security Interest for any such amount; or (c) claim to set-off any such amount against any amount payable by the Borrower to any either Owner.

Appears in 1 contract

Samples: Amending and Restating Agreement (Star Bulk Carriers Corp.)

Subordination of rights of Borrower. All rights which the Borrower at any time has (whether in respect of the Loan or any other transaction) against any the Owner or its assets shall be fully subordinated to the rights of the Creditor Parties under the Finance Documents; and in particular, the Borrower shall not during the Security Period: (a) claim, or in a bankruptcy of any the Owner or prove for any amount payable to the Borrower by an the Owner, whether in respect of the Loan or any other transaction; (b) take or enforce any Security Interest for any such amount; or (c) claim to set-off any such amount against any amount payable by the Borrower to any the Owner.

Appears in 1 contract

Samples: Loan Agreement (Paragon Shipping Inc.)

Subordination of rights of Borrower. All rights which the Borrower at any time has (whether in respect of the on-lending of the Loan or any other transaction) against any Owner or its their assets shall be fully subordinated to the rights of the Creditor Parties Lender under the Finance Documents; and in particular, the Borrower shall not during the Security Period: (a) claim, or in a bankruptcy of any Owner or prove for for, any amount payable to the Borrower by an Ownerany Owner , whether in respect of the Loan this or any other transaction; (b) take or enforce any Security Interest for any such amount; or (c) claim to set-off any such amount against any amount payable by the Borrower to any Owner.

Appears in 1 contract

Samples: Loan Agreement (Danaos Corp)

Subordination of rights of Borrower. All rights which the Borrower at any time has (whether in respect of the on-lending of the Loan or any other transaction) against any either Owner or its their respective assets shall be fully subordinated to the rights of the Creditor Parties under the Finance Documents; and in particular, the Borrower shall not during the Security Period: (a) claim, or in a bankruptcy of any either Owner or prove for for, any amount payable to the Borrower by an Owner, whether in respect of the on-lending of the Loan or any other transaction; (b) take or enforce any Security Interest for any such amount; or (c) claim to set-off any such amount against any amount payable by the Borrower to any either Owner.

Appears in 1 contract

Samples: Loan Agreement (Tsakos Energy Navigation LTD)

Subordination of rights of Borrower. All rights which the Borrower at any time has (whether in respect of the Loan or any other transaction) against any Owner or its their respective assets shall be fully subordinated to the rights of the Creditor Parties under the Finance Documents; and in particular, the Borrower shall not during the Security Period: (a) claim, or in a bankruptcy of any Owner or prove for for, any amount payable to the Borrower by an Owner, whether Owner in respect of priority to the Loan or any other transaction;Creditor Parties; or (b) take or enforce any Security Interest for any such amount; or (c) claim to set-off any such amount against any amount payable by the Borrower to any Owner.

Appears in 1 contract

Samples: Loan Agreement (Costamare Partners LP)

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