The Finance Documents. 27.1.1 constitute the entire agreement and understanding between the parties with respect to the subject matter of this Loan Agreement; and
27.1.2 (in relation to such subject matter) supersede all prior discussion, understandings and agreements between the parties and their agents and all prior representations and expressions of opinion by any party (or its agent) to any other party (or its agent).
The Finance Documents. Pursuant to a facility agreement dated December 2014 (the “Facility Agreement”) among (i) Nakilat Holdco L.L.C. (the “Borrower”); (ii) the Security Agent; (iii) Qatar National Bank SAQ (as the “Facility Agent’); and (iv) the financial institutions listed in Schedule 7 (The Lenders, Notices, Commitments and Relevant Percentages) to the Facility Agreement or who are from time to time parties thereto (the “Banks”, and together with the Security Agent, and the Facility Agent, the “Finance Parties”), the Finance Parties have agreed, inter alia, to make a facility available to the Borrower upon the terms and subject to the conditions of the Finance Documents (as such term is defined in the Facility Agreement).
The Finance Documents. Borrower, Pacific [•] Ltd., Pacific [•] Ltd., Pacific [•] Ltd., Pacific Drilling Limited, Security Trustee, DnB NOR Bank ASA (New York Branch) and Crédit Agricole Corporate & Investment Bank, as the mandated lead arrangers, the commercial facility lenders listed in schedule 3 thereto as commercial facility lenders, Eksportfinans ASA, as GIEK facility lender, Export-Import Bank of Korea, as KEXIM facility lender, DnB NOR Bank ASA (New York Branch), as commercial facility agent and GIEK facility agent, Crédit Agricole Corporate & Investment Bank, as KEXIM facility agent, each hedging party that has acceded thereto each as a hedging party and DnB NOR Bank ASA (New York Branch) as intercreditor agent and accounts bank, among others, are party to a project facilities agreement dated [•] 2010 (the “Project Facilities Agreement”) and certain other related finance documents (together with the Project Facilities Agreement, the “Finance Documents”), pursuant to which the senior credit providers have agreed to make available to Borrower and each of Pacific [•] Ltd., Pacific [•] Ltd. and Pacific [•] Ltd. certain loan facilities to finance the construction, operation and other costs and expenses associated with the acquisition of four drill ships, including the Vessel.
The Finance Documents. Each of the Finance Documents has been duly executed and delivered by the Company and the Guarantors, as applicable, and when duly executed and delivered in accordance with their respective terms by each of the other parties thereto, will constitute valid and legally binding agreements of each of the Company and the Guarantors, as applicable, enforceable against each of them in accordance with their terms.
The Finance Documents. The Borrower has entered into the Facility Agreement and certain other agreements related thereto, pursuant to which the Lenders will make loans and extend other credit to the Borrower for the purpose of financing the cost to the Borrower of constructing and operating the Globalstar Project and certain related expenses.
The Finance Documents. Pursuant to a facility agreement dated 20 (the “Facility Agreement”) among (i) the Borrower; (ii) the Security Trustee (iii) (as the “Agent”); and (iv) the banks and financial institutions listed in Schedule thereto (the “Lenders”, and together with the Security Trustee, the Agent and the Banks, the “Finance Parties”), the Lenders have agreed, inter alia, to make certain loan facilities available to the Borrower upon the terms and subject to the conditions of the Finance Documents (as such term is defined in the Facility Agreement). As part of the security for the obligations of the Borrower to the Finance Parties under the Finance Documents, the Borrower has agreed to grant to the Security Trustee certain security including (inter alia):
(i) an assignment of its rights under the Charter; and
(ii) a first priority ship mortgage over the Vessel (the “Mortgage”).
The Finance Documents. (a) The Borrower fails to pay any amount payable under clause 5 when due except where the failure is due solely to technical or administrative delays in the transmission of funds outside the control of the Borrower.
(b) Any Obligor fails to pay any other amount payable by it under the Finance Documents in the manner stipulated in them and such failure is not cured within 5 Banking Days of receiving notice from the Agent of such failure to pay except where the failure is due solely to technical or administrative delays in the transmission of funds outside the control of the relevant Obligor. The period of 5 Banking Days referred to in this clause 16.2(b) shall not apply at a time when an Event of Default has occurred and is continuing and if any Obligor agrees to a shorter period in equivalent provision in any other agreement relating to Borrowed Money to which it is a party then such shorter period will apply to this clause 16.2(b) mutatis mutandis.
(c) Any representation or warranty made by an Obligor in connection with the Finance Documents, a Drawdown Notice or any related document is incorrect or misleading in a material respect and, in the event that the act or circumstance which led to such representation or warranty being incorrect or misleading is capable of remedy, such action as the Agent may require shall not have been taken within 30 days of the Agent notifying the relevant Obligor of such act or circumstance and such required action.
(d) Any Obligor breaches any other provision of the Finance Documents and, in respect of any such breach which is capable of remedy, such action as the Agent may reasonably require shall not have been taken within 30 days of the Agent notifying the relevant Obligor of such default and of such required action.
(e) Any material provision of the Finance Documents becomes unlawful, ineffective or unenforceable for any reason whatsoever.
The Finance Documents. Executed originals of each of this Agreement and each Fee Letter, and copies of the executed the EKN Documents.
The Finance Documents. Pursuant to a facility agreement dated _______ November 2021 and as further amended from time to time (the "Facility Agreement") among (i) the Borrower, (ii) the Arrangers (as therein defined), (iii) the financial institutions listed therein as Original Lenders, (iv) Mizuho Bank, Ltd. as Agent, (v) Mizuho Bank, Ltd. as Security Trustee, (vi) Mizuho Bank, Ltd. as Account Bank, (vii) the Bookrunners (as therein defined) and (viii) the Swap Banks (as therein defined) (such parties referred to above other than the Borrower being referred to below as the "Finance Parties", which expression shall include their successors and assigns), the Finance Parties have agreed, inter alia, to make certain loan and swap facilities available to the Borrower upon the terms and subject to the conditions of the Finance Documents (as such term is defined in the Facility Agreement). As part of the security for the obligations of the Borrower to the Finance Parties under the Finance Documents, the Borrower has agreed to grant to the Security Trustee certain security including (inter alia):
The Finance Documents. Master Manufacturing and Supply Agreement between the Borrower and BYD (Huizhou) Co., Ltd, effective as of 10 June 2011.
