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THIS AGREEMENT AND THE OTHER FINANCE DOCUMENTS Sample Clauses

THIS AGREEMENT AND THE OTHER FINANCE DOCUMENTSIn case of any conflict between the provisions of this Agreement and any of the other Finance Documents the provisions of this Agreement shall prevail.
THIS AGREEMENT AND THE OTHER FINANCE DOCUMENTSIn case of any conflict between the provisions of this Agreement and any of the other Finance Documents the provisions of this Agreement shall prevail. AS WITNESS the hands of the duly authorised representatives of the parties hereto the day and year first before written. SIGNED ) by Xxxxxxxxxx-Xxxxx Xxxxxxxxxx ) /s/ Xxxxxxxxxx-Xxxxx Xxxxxxxxxx for and on behalf of ) GRAND VENETICO INC. ) in the presence of: Xxxxxxxx Xxxxx ) /s/ Xxxxxxxx Xxxxx SIGNED ) by Xxxxxxxxxx-Xxxxx Xxxxxxxxxx ) /s/ Xxxxxxxxxx-Xxxxx Xxxxxxxxxx for and on behalf of ) GRAND MARKELA INC. ) in the presence of: Xxxxxxxx Xxxxx ) /s/ Xxxxxxxx Xxxxx SIGNED ) by Xxxxxxxxxx-Xxxxx Xxxxxxxxxx ) /s/ Xxxxxxxxxx-Xxxxx Xxxxxxxxxx for and on behalf of ) NEWLEAD SHIPPING S.A. ) in the presence of: Xxxxxxxx Xxxxx ) /s/ Xxxxxxxx Xxxxx SIGNED ) by Xxxxxxxxxx-Xxxxx Xxxxxxxxxx ) /s/ Xxxxxxxxxx-Xxxxx Xxxxxxxxxx for and on behalf of ) NEWLEAD BULKERS S.A. ) in the presence of: Xxxxxxxx Xxxxx ) /s/ Xxxxxxxx Xxxxx SIGNED ) by Xxxxxxxxxx-Xxxxx Xxxxxxxxxx ) /s/ Xxxxxxxxxx-Xxxxx Xxxxxxxxxx for and on behalf of ) GRAND RODOSI INC. ) in the presence of: Xxxxxxxx Xxxxx ) /s/ Xxxxxxxx Xxxxx SIGNED ) by Xxxxxxxxxx-Xxxxx Xxxxxxxxxx ) /s/ Xxxxxxxxxx-Xxxxx Xxxxxxxxxx for and on behalf of ) BRAZIL HOLDINGS LTD. ) in the presence of: Xxxxxxxx Xxxxx ) /s/ Xxxxxxxx Xxxxx SIGNED ) by Xxxxxxxxxx-Xxxxx Xxxxxxxxxx ) /s/ Xxxxxxxxxx-Xxxxx Xxxxxxxxxx for and on behalf of ) AUSTRALIA HOLDINGS LTD. ) in the presence of: Xxxxxxxx Xxxxx ) /s/ Xxxxxxxx Xxxxx SIGNED ) by Xxxxxxxxxx-Xxxxx Xxxxxxxxxx ) /s/ Xxxxxxxxxx-Xxxxx Xxxxxxxxxx for and on behalf of ) CHINA HOLDINGS LTD. ) in the presence of: Xxxxxxxx Xxxxx ) /s/ Xxxxxxxx Xxxxx SIGNED ) by Xxxxx Xxxxxxxxxx ) /s/ Xxxxx Xxxxxxxxxx for and on behalf of ) MARFIN POPULAR BANK PUBLIC CO. LTD ) in the presence of: Xxxxxxxx Xxxxx ) /s/ Xxxxxxxx Xxxxx SIGNED ) by Chaelis M. ) /s/ Chaelis M. and by Xxxxxxx Xxxxx ) /s/ Xxxxxxx Xxxxx for and on behalf of ) MARFIN EGNATIA BANK Societe Anonyme ) in the presence of: Xxxxxxxx Xxxxx ) /s/ Xxxxxxxx Xxxxx SIGNED ) by Panos Dakiaos ) /s/ Panos Dakiaos and by A. Margetidi ) /s/ A. Margetidi for and on behalf of ) INVESTMENT BANK OF GREECE S.A. ) in the presence of: Xxxxxxxx Xxxxx ) /s/ Xxxxxxxx Xxxxx MARFIN POPULAR BANK PUBLIC CO. LTD up to $62,000,000 000 Xxxxxxxx Xxxxxx Xxxxxxxxx 0000 Xxxxxxx Xxxxxx Fax nr.: +000 0000 0000 Dated [•] To: MARFIN EGNATIA BANK Societe Anonyme 00X Xxxxxxxxx Xxxxxx 000 00 Xxxxxxxx Xxxxxx, Xxxxxx as Agent Attention: Loans Admi...
THIS AGREEMENT AND THE OTHER FINANCE DOCUMENTSIn case of any conflict between the provisions of this Agreement and any of the other Finance Documents the provisions of this Agreement shall prevail. AS WITNESS the hands of the duly authorised representatives of the parties hereto the day and year first above written. SIGNED by Chaelis M. ) /s/ Chaelis M. and by Xxxxxxx Xxxxx ) for and on behalf of ) MARFIN EGNATIA BANK Societe Anonyme ) /s/ Xxxxxxx Xxxxx in the presence of: ) /s/ Vasiliki Katsouli Attorney-at-law V&P Law Firm 15 Filikis Xxxxxxx Xxxxxx 000 00 Xxxxxx, Xxxxxx SIGNED by Xxxxxxxxxx-Xxxxx Xxxxxxxxxx ) for and on behalf of ) NEWLEAD HOLDINGS LTD. ) /s/ Xxxxxxxxxx-Xxxxx Xxxxxxxxxx in the presence of: ) /s/ Vasiliki Katsouli Attorney-at-law V&P Law Firm 15 Filikis Xxxxxxx Xxxxxx 000 00 Xxxxxx, Xxxxxx TO: MARFIN EGNATIA BANK Societe Anonyme 00X Xxxxxxxxx Xxxxxx 000 00 Xxxxxxxx Xxxxxx, Xxxxxx Date: [•] 2010 Dear Sirs, Financial Agreement dated [•] as novated, amended and restated on [•] 1. We refer to the financial agreement dated [•] 2010 as novated, amended and restated (the “Financial Agreement”) and made between ourselves, as Borrower and yourselves as Lender, in connection with a reducing revolving credit facility of up to Twenty Three million Dollars ($23,000,000). Terms defined in the Financial Agreement have their defined meanings when used in this Notice of Drawdown. 2. We request to borrow [an] Advance[s] as follows: (a) Amount: $ [•]; (b) Drawdown Date: [•] 20[•]; (c) Duration of the first Interest Period shall be [•] months; and (d) Payment instructions: account in the name of [•] and numbered [•] with [•] of [•]. 3. We represent and warrant that: (a) the representations and warranties in Clause 16 of the Financial Agreement and in the other Finance Documents would remain true and not misleading if repeated on the date of this notice with reference to the circumstances now existing; (b) no Event of Default has occurred or will result from the borrowing of the above Advance[s]. 4. This notice cannot be revoked without your prior written consent. Yours faithfully, For and on behalf of NEWLEAD HOLDINGS LTD. Attorney-in-Fact Date: [•] 2010 Financial Agreement dated [•] 2010 as novated, amended and restated on [•] 2010 (the “Financial Agreement”) We the undersigned Borrower declare that in connection with the above Financial Agreement we received [an] Advance[s] in the amount of [•] Dollars ($[•]) value [•]. Capitalised terms used herein shall have the respective meanings specified in the ...
THIS AGREEMENT AND THE OTHER FINANCE DOCUMENTSIn case of any conflict between the provisions of this Agreement and any of the other Finance Documents the provisions of this Agreement shall prevail. AS WITNESS the hands of the duly authorised representatives of the parties hereto the day and year first above written. SIGNED by Xxxxxxx Chaelis ) /s/ Xxxxxxx Chaelis and by Xxxxxxx Xxxxx ) /s/ Xxxxxxx Xxxxx for and on behalf of ) MARFIN EGNATIA BANK Societe Anonyme ) in the presence of: Xxxxxxxx Katsouli ) /s/ Xxxxxxxx Katsouli SIGNED by Xxxxxxx Xxxxxxx ) /s/ Xxxxxxx X. Xxxxxxx for and on behalf of ) GRAND RODOSI INC. ) in the presence of: Xxxxxxxx Katsouli ) /s/ Xxxxxxxx Katsouli SIGNED by Xxxxxxx Xxxxxxx ) /s/ Xxxxxxx X. Xxxxxxx for and on behalf of ) A. ) in the presence of: Xxxxxxxx Katsouli ) /s/ Xxxxxxxx Katsouli SIGNED by Xxxxxxx Xxxxxxx ) /s/ Xxxxxxx X. Xxxxxxx for and on behalf of ) A. ) in the presence of: Xxxxxxxx Katsouli ) /s/ Xxxxxxxx Katsouli TO: MARFIN EGNATIA BANK Societe Anonyme 00X Xxxxxxxxx Xxxxxx 000 00 Xxxxxxxx Xxxxxx, Xxxxxx Date: [l] 2010 Dear Sirs,

Related to THIS AGREEMENT AND THE OTHER FINANCE DOCUMENTS

  • Reference to and Effect on the Credit Agreement and the Other Loan Documents (i) On and after the effective date of this Amendment, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein” or words of like import referring to the Credit Agreement and each reference in the other Loan Documents to the “Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement shall mean and be a reference to the Credit Agreement as amended hereby. (ii) Except as specifically amended by this Amendment, the Credit Agreement and the other Loan Documents shall remain in full force and effect and are hereby ratified and confirmed. (iii) The execution, delivery and performance of this Amendment shall not, except as expressly provided herein, constitute a waiver of any provision of, or operate as a waiver of any right, power or remedy of Administrative Agent or any Lender under the Credit Agreement or any of the other Loan Documents.

  • Perform Loan Documents Borrower shall observe, perform and satisfy all the terms, provisions, covenants and conditions of, and shall pay when due all costs, fees and expenses to the extent required under the Loan Documents executed and delivered by, or applicable to, Borrower.

  • Loan Documents The Requisite Lenders may direct the Administrative Agent to, and the Administrative Agent if so directed shall, exercise any and all of its rights under any and all of the other Loan Documents.

  • Reference to and Effect on the Credit Agreement and the Loan Documents (a) On and after the effectiveness of this Amendment, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof” or words of like import referring to the Credit Agreement, and each reference in the Notes and each of the other Loan Documents to “the Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement, as amended by this Amendment. (b) Each of the Credit Agreement, the Notes and each of the other Loan Documents, as specifically amended by this Amendment, is and shall continue to be in full force and effect and is hereby in all respects ratified and confirmed. Without limiting the generality of the foregoing, the Guaranty does and shall continue to guarantee the Guaranteed Obligations, in each case, as amended by this Amendment. (c) The execution, delivery and effectiveness of this Amendment shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of any Lender or the Administrative Agent under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents. On and after the effectiveness of this Amendment, this Amendment shall for all purposes constitute a Loan Document.

  • Credit Agreement; Loan Documents This Agreement or counterparts hereof shall have been duly executed by, and delivered to, Borrowers, each other Credit Party, Agent and Lenders; and Agent shall have received such documents, instruments, agreements and legal opinions as Agent shall reasonably request in connection with the transactions contemplated by this Agreement and the other Loan Documents, including all those listed in the Closing Checklist attached hereto as Annex D, each in form and substance reasonably satisfactory to Agent.

  • Other Credit Documents (i) Any Credit Party shall default in the due performance or observance of any term, covenant or agreement in any of the other Credit Documents and such default shall continue unremedied for a period of at least 30 days after the earlier of a Borrower becoming aware of such default or notice thereof given by the Administrative Agent or (ii) any Credit Document (or any provision of any Credit Document) shall fail to be in full force and effect or any Borrower or any of its Subsidiaries shall so assert or any Credit Document shall fail to give the Administrative Agent and/or the Lenders the security interests, liens, rights, powers and privileges purported to be created thereby.

  • Other Loan Documents Each of the conditions precedent set forth in the other Loan Documents shall have been satisfied.

  • Senior Loan Documents The executed Senior Loan Documents are the same forms as approved by HUD prior to the date of this Agreement. Upon execution and delivery of the Senior Loan Documents, Borrower shall deliver to Subordinate Lender an executed copy of each of the Senior Loan Documents, certified to be true, correct and complete.

  • References in Other Credit Documents At such time as this Amendment shall become effective pursuant to the terms of Subpart 3.1, all references in the Credit Documents to the "Credit Agreement" shall be deemed to refer to the Credit Agreement as amended by this Amendment.

  • Execution of Credit Agreement; Loan Documents The Administrative Agent shall have received (i) counterparts of this Agreement, executed by a Responsible Officer of each Loan Party and a duly authorized officer of each Lender, (ii) for the account of each Lender requesting a Note, a Note executed by a Responsible Officer of the Borrower, (iii) counterparts of the Security Agreement and each other Collateral Document, executed by a Responsible Officer of the applicable Loan Parties and a duly authorized officer of each other Person party thereto, as applicable and (iv) counterparts of any other Loan Document, executed by a Responsible Officer of the applicable Loan Party and a duly authorized officer of each other Person party thereto.