THIS AGREEMENT AND THE OTHER SECURITY DOCUMENTS Sample Clauses

THIS AGREEMENT AND THE OTHER SECURITY DOCUMENTS. In case of any conflict between the provisions of this Agreement and any of the other Security 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 Mr. Gerassimos Mendoros ) for and on behalf of ) /s/Gerassimos Mendoros HSBC BANK PLC ) in the presence of: ) SIGNED by ) By Xxx. Xxxxxxxx Xxxxxxx ) for and on behalf of ) /s/Xxxxxxxx Xxxxxxx XXXXXXXX SHIPPING CORP. ) in the presence of: ) TO: HSBC BANK PLC 00 Xxxx Xxxxxxx 000 00 Xxxxxxx Xxxxxx Date: [l] Dear Sirs, 1. We refer to the financial agreement dated December 2009 (the "Financial Agreement") and made between ourselves as borrower and yourselves as lender, in connection with a loan facility of up to $13,000,000. Terms defined in the Financial Agreement have their defined meanings when used in this Notice of Drawdown. 2. We request to borrow the Facility as follows: (a) Amount: US$ [˜]; (b) Drawdown Date: [˜] 2009; (c) Duration of the first Interest Period shall be [˜] months; and (d) Payment instructions: [˜] 3. We represent and warrant that: (a) the representations and warranties in Clause 15 of the Financial Agreement and in the other Security 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 Facility. 4. This notice cannot be revoked without your prior written consent of the Lender. 5. We authorise you to deduct from the proceeds of the Facility the amount of the fees referred to in Clause 24
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THIS AGREEMENT AND THE OTHER SECURITY DOCUMENTS. In case of any conflict between the provisions of this Agreement and any of the other Security 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 ) ) Xxxxxxx Xxxxxx Xxxxxxxx Xxxxxxxxxx. ) for and on behalf of ) A. ) in the presence of: ) Signed by ) ) ) for and on behalf of ) MARFIN EGNATIA BANK Societe Anonyme ) in the presence of: )
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THIS AGREEMENT AND THE OTHER SECURITY DOCUMENTS. In case of any conflict between the provisions of this Agreement and any of the other Security Documents the provisions of this Agreement shall prevail.
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THIS AGREEMENT AND THE OTHER SECURITY DOCUMENTS. In case of any conflict between the provisions of this Agreement and any of the other Security 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 Staveos Yagos ) /s/ Staveos Yagos and by X. Xxxxxx ) /s/ X. Xxxxxx for and on behalf of ) MARFIN EGNATIA BANK Societe Anonyme ) in the presence of: ) SIGNED by Konstantinos Koutsoubelis ) /s/ Konstantinos Koutsoubelis for and on behalf of ) MARTINIQUE INTERNATIONAL CORP. ) in the presence of: ) SIGNED by Konstantinos Koutsoubelis ) /s/ Konstantinos Koutsoubelis for and on behalf of ) HARBOUR BUSINESS INTERNATIONAL CORP. ) in the presence of: ) SIGNED by Konstantinos Koutsoubelis ) /s/ Konstantinos Koutsoubelis for and on behalf of ) AMAZONS MANAGEMENT INC. ) in the presence of: ) SIGNED by Konstantinos Koutsoubelis ) /s/ Konstantinos Koutsoubelis for and on behalf of ) LAGOON SHIPHOLDING LTD. ) in the presence of: ) SIGNED by Konstantinos Koutsoubelis ) /s/ Konstantinos Koutsoubelis for and on behalf of ) CYNTHERA NAVIGATION LTD. ) in the presence of: ) SIGNED by Konstantinos Koutsoubelis ) /s/ Konstantinos Koutsoubelis for and on behalf of ) XXXXXXX MARITIME CO. ) in the presence of: ) TO: MARFIN EGNATIA BANK Societe Anonyme 00 Xxxxxxxxx Xxxxxx 000 00 Xxxxxxxx Xxxxxx, Xxxxxx Date: [l] Dear Sirs, 1. We refer to the financial agreement dated [l] 2008 (the “Financial Agreement”) and made between ourselves, as joint and several Borrowers and yourselves as Lender, in connection with certain term loan or revolving credit facilities not exceeding in aggregate Two hundred Fifty Five million Dollars ($255,000,000). Terms defined in the Financial Agreement have their defined meanings when used in this Notice of Drawdown. 2. We request to borrow the Advance of the [Term] [Revolving] Facility as follows: (a) Amount: $ [l]; (b) Drawdown Date: [l]; (c) Duration of the first Interest Period shall be [l] months; and (d) Payment instructions: account in the name of [l] and numbered [l] with [l] of [l]. 3. We represent and warrant that: (a) the representations and warranties in Clause 16 of the Financial Agreement and in the other Security 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 either Facility and/or the above Advance[s]. 4. Th...
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Related to THIS AGREEMENT AND THE OTHER SECURITY DOCUMENTS

  • Relation to Other Security Documents The provisions of this Agreement shall be read and construed with the other Loan Documents referred to below in the manner so indicated.

  • 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.

  • Concerning the Collateral and the Related Loan Documents Each Lender authorizes and directs the Agent to enter into this Agreement and the other Loan Documents relating to the Collateral, for the ratable benefit of the Agent and the Lenders. Each Lender agrees that any action taken by the Agent, Majority Lenders or Required Lenders, as applicable, in accordance with the terms of this Agreement or the other Loan Documents relating to the Collateral, and the exercise by the Agent, the Majority Lenders, or the Required Lenders, as applicable, of their respective powers set forth therein or herein, together with such other powers that are reasonably incidental thereto, shall be binding upon all of the Lenders.

  • Execution of Loan Documents Unless the Administrative Agent otherwise specifies with respect to any Loan Document, (a) this Agreement and any other Loan Document may be executed in any number of counterparts and any party hereto or thereto may execute any counterpart, each of which when executed and delivered will be deemed to be an original and all of which counterparts of this Agreement or any other Loan Document, as the case may be, when taken together will be deemed to be but one and the same instrument and (b) execution of any such counterpart may be evidenced by a telecopier transmission of the signature of such party. The execution of this Agreement or any other Loan Document by any party hereto or thereto will not become effective until counterparts hereof or thereof, as the case may be, have been executed by all the parties hereto or thereto.

  • Guaranties, Collateral Documents and other Credit Documents At any time after the execution and delivery thereof, (i) the Guaranty for any reason, other than the satisfaction in full of all Obligations, shall cease to be in full force and effect (other than in accordance with its terms) or shall be declared to be null and void or any Guarantor shall repudiate its obligations thereunder, (ii) this Agreement or any Collateral Document ceases to be in full force and effect (other than by reason of a release of Collateral in accordance with the terms hereof or thereof or the satisfaction in full of the Obligations (other than Obligations in respect of any Hedge Agreement or Cash Management Agreement) in accordance with the terms hereof) or shall be declared null and void, or Collateral Agent shall not have or shall cease to have a valid and perfected Lien in any Collateral purported to be covered by the Collateral Documents with the priority required by the relevant Collateral Document, in each case for any reason other than the failure of Collateral Agent or any Secured Party to take any action within its control, or (iii) any Credit Party shall contest the validity or enforceability of any Credit Document in writing or deny in writing that it has any further liability, including with respect to future advances by Lenders, under any Credit Document to which it is a party or shall contest the validity or perfection of any Lien in any portion of the Collateral purported to be covered by the Collateral Documents, THEN, (1) upon the occurrence of any Event of Default described in Section 8.1(f) or 8.1(g) with respect to Borrower, automatically, and (2) upon the occurrence and during the continuance of any other Event of Default, at the request of (or with the consent of) Requisite Lenders, upon notice to Borrower by Administrative Agent, (A) the Revolving Commitments, if any, of each Lender having such Revolving Commitments and the obligation of Issuing Bank to issue any Letter of Credit shall immediately terminate; (B) each of the following shall immediately become due and payable, in each case without presentment, demand, protest or other requirements of any kind, all of which are hereby expressly waived by each Credit Party: (I) the unpaid principal amount of and accrued interest on the Loans, (II) an amount equal to the maximum amount that may at any time be drawn under all Letters of Credit then outstanding (regardless of whether any beneficiary under any such Letter of Credit shall have presented, or shall be entitled at such time to present, the drafts or other documents or certificates required to draw under such Letters of Credit), to be held as security for Borrower’s reimbursement Obligations in respect of Letters of Credit then outstanding and (III) all other Obligations (other than Hedge Agreements and Cash Management Agreements unless and to the extent such agreements are independently declared due and payable in accordance with their respective terms); provided, the foregoing shall not affect in any way the obligations of Lenders under Section 2.3(b)(v) or Section 2.4(e); and (C) Administrative Agent may cause Collateral Agent to enforce any and all Liens and security interests created pursuant to Collateral Documents.

  • 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.

  • The Security Documents (a) None of the Collateral is subject to any Liens except Permitted Liens. (b) The security interests created under the Share Charge in favor of the Collateral Agent, as pledgee, for the benefit of the Secured Creditors, constitute perfected security interests in the Share Charge Collateral described in the Share Charge, subject to no security interests of any other Person. No filings or recordings are required in order to perfect (or maintain the perfection or priority of) the security interests created in the Share Charge Collateral under the Share Charge other than with respect to that portion of the Share Charge Collateral constituting a “general intangible” under the UCC. The filings on Form UCC-1 made pursuant to the Share Charge will perfect a security interest in the Collateral covered by the Share Charge to the extent a security interest in such Collateral may be perfected by such filings. (c) After the execution and registration thereof, the Vessel Mortgage will create, as security for the obligations purported to be secured thereby, a valid and enforceable perfected security interest in and mortgage lien on the Vessel in favor of the Collateral Agent (or such other trustee as may be required or desired under local law) for the benefit of the Secured Creditors, superior and prior to the rights of all third Persons (except that the security interest and mortgage lien created on the Vessel may be subject to the Permitted Liens related thereto) and subject to no other Liens (other than Permitted Liens related thereto). (d) After the execution and delivery thereof and upon the taking of the actions mentioned in the immediately succeeding sentence, each of the Security Documents will create in favor of the Collateral Agent for the benefit of the Secured Creditors a legal, valid and enforceable fully perfected first priority security interest in and Lien on all right, title and interest of the Credit Parties party thereto in the Collateral described therein, subject only to Permitted Liens. Subject to Sections 7.02, 8.04 and this Section 8.11 and the definition of “Collateral and Guaranty Requirements,” no filings or recordings are required in order to perfect the security interests created under any Security Document except for filings or recordings which shall have been made on or prior to the execution of such Security Document.

  • 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.

  • 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.

  • 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.

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