Validity of demands. A demand under this Guarantee shall be valid notwithstanding that it is served: (a) on the date on which the amount to which it relates is payable by the Borrower under the Loan Agreement; (b) at the same time as the service of a notice under clause 18.22 (actions following an Event of Default) of the Loan Agreement; and a demand under this Guarantee may refer to all amounts payable under or in connection with the Loan Agreement without specifying a particular sum or aggregate sum.
Appears in 6 contracts
Samples: Guarantee, Guarantee (Norwegian Cruise Line Holdings Ltd.), Guarantee (Norwegian Cruise Line Holdings Ltd.)
Validity of demands. A demand under this Guarantee shall be valid notwithstanding that it is served:
(a) on the date on which the amount to which it relates is payable by the Borrower under the Loan Agreement;; or
(b) at the same time as the service of a notice under clause 18.22 18.21 (actions Actions following an Event of Default) of the Loan Agreement; and a demand under this Guarantee may refer to all amounts payable under or in connection with the Loan Agreement without specifying a particular sum or aggregate sum.
Appears in 5 contracts
Samples: Guarantee (Norwegian Cruise Line Holdings Ltd.), Guarantee (Norwegian Cruise Line Holdings Ltd.), Guarantee (Norwegian Cruise Line Holdings Ltd.)
Validity of demands. A demand under this Guarantee shall be valid notwithstanding that it is served:
(a) on the date on which the amount to which it relates is payable by the Borrower under the Loan Agreement;
(b) at the same time as the service of a notice under clause 18.22 18.21 (actions following an Event of Default) of the Loan Agreement; and a demand under this Guarantee may refer to all amounts payable under or in connection with the Loan Agreement without specifying a particular sum or aggregate sum.
Appears in 4 contracts
Samples: Guarantee (Norwegian Cruise Line Holdings Ltd.), Guarantee (Norwegian Cruise Line Holdings Ltd.), Guarantee (Prestige Cruises International, Inc.)
Validity of demands. A demand under this Guarantee shall be valid notwithstanding that it is served:
(a) on the date on which the amount to which it relates is payable by the Borrower under the Loan Agreement;
(b) at the same time as the service of a notice under clause 18.22 18.21 (actions Actions following an Event of Default) of the Loan Agreement; and a demand under this Guarantee may refer to all amounts payable under or in connection with the Loan Agreement without specifying a particular sum or aggregate sum.
Appears in 4 contracts
Samples: Guarantee (Norwegian Cruise Line Holdings Ltd.), Guarantee (Norwegian Cruise Line Holdings Ltd.), Guarantee (Norwegian Cruise Line Holdings Ltd.)
Validity of demands. A demand under this Guarantee shall be valid notwithstanding that it is served:
(a) on the date on which the amount to which it relates is payable by the any Borrower under the Loan Agreement;; and/or
(b) at the same time as the service of a notice under clause 18.22 19.2 (actions Actions following an Event of Default) of the Loan Agreement; , and a demand under this Guarantee may refer to all amounts payable under or in connection with the Loan Agreement without specifying a particular sum or aggregate sum.
Appears in 3 contracts
Samples: Amending and Restating Deed, Amending and Restating Deed (Global Ship Lease, Inc.), Second Amending and Restating Deed (Global Ship Lease, Inc.)
Validity of demands. A demand under this Guarantee shall be valid notwithstanding that it is served:
(a) on the date on which the amount to which it relates is payable by the Borrower Borrowers (or any of them) under the Loan Agreement;Agreement or any of the other Finance Documents; or
(b) at the same time as the service of a notice under clause 18.22 (actions following an Event of Default) 19.2 of the Loan Agreement; and a demand under this Guarantee may refer to all amounts payable under or in connection with the Loan Agreement or any other Finance Document without specifying a particular sum or aggregate sum.
Appears in 2 contracts
Samples: Guarantee and Negative Pledge (DryShips Inc.), Guarantee (DryShips Inc.)
Validity of demands. A demand under this Guarantee shall be valid notwithstanding that it is served:
(a) on the date on which the amount to which it relates is payable by the Borrower Borrowers or any of them under the Loan Agreement or, as the case may be, the Mater Agreement;
(b) at the same time as the service of a notice under clause 18.22 19.2 (actions following an Event events of Defaultdefault) of the Loan Agreement; and a demand under this Guarantee may refer to all amounts payable under or in connection with the Loan Agreement or, as the case may be, the Master Agreement without specifying a particular sum or aggregate sum.
Appears in 2 contracts
Samples: Guarantee (Box Ships Inc.), Guarantee (Box Ships Inc.)
Validity of demands. A demand under this Guarantee shall be valid notwithstanding that it is served:
(a) on the date on which the amount to which it relates is payable by the Borrower under the Loan Agreement;
(b) at the same time as the service of a notice under clause 18.22 19.2 (actions following an Event events of Defaultdefault) of the Loan Agreement; and a demand under this Guarantee may refer to all amounts payable under or in connection with the Loan Agreement without specifying a particular sum or aggregate sum.
Appears in 2 contracts
Validity of demands. A demand under this Guarantee shall be valid notwithstanding that it is served:
(a) on the date on which the amount to which it relates is payable by the Borrower Borrowers under the Loan Agreement or the Master Agreement;
(b) at the same time as the service of a notice under clause 18.22 18.2 (actions following an Event events of Defaultdefault) of the Loan Agreement; and a demand under this Guarantee may refer to all amounts payable under or in connection with the Loan Agreement without specifying a particular sum or aggregate sum.
Appears in 2 contracts
Samples: Supplemental Agreement (TBS International PLC), Supplemental Agreement (TBS International PLC)
Validity of demands. A demand under this Guarantee shall be valid notwithstanding that it is served:
(a) on the date on which the amount to which it relates is payable by the Borrower Obligors under the Loan Guarantee Facility Agreement;
(b) at the same time as the service of a notice under clause 18.22 13.2 (actions following an Event events of Defaultdefault) of the Loan Guarantee Facility Agreement; and a demand under this Guarantee may refer to all amounts payable under or in connection with the Loan Guarantee Facility Agreement without specifying a particular sum or aggregate sum.
Appears in 2 contracts
Samples: Guarantee (TBS International PLC), Guarantee Facility Agreement (TBS International LTD)
Validity of demands. A demand under this Guarantee shall be valid notwithstanding that it is served:
(a) on the date on which the amount to which it relates is payable by the Borrower Relevant Borrowers under the Loan Agreement;, the Master Agreements or any of the other Finance Documents; and
(b) at the same time as the service of a notice under clause 18.22 19.2 (actions following an Event event of Defaultdefault) of the Loan Agreement; , and a demand under this Guarantee may refer to all amounts payable under or in connection with the Loan Agreement any Finance Document without specifying a particular sum or aggregate sum.
Appears in 2 contracts
Samples: Guarantee (Capital Product Partners L.P.), Guarantee (Capital Product Partners L.P.)
Validity of demands. A demand under this Guarantee shall be valid notwithstanding that it is served:
(a) on the date on which the amount to which it relates is payable by the Borrower under the Loan Agreement;
(b) at the same time as the service of a notice under clause 18.22 13.2 (actions following an Event events of Defaultdefault) of the Loan Agreement; and a demand under this Guarantee may refer to all amounts payable under or in connection with the Loan Agreement without specifying a particular sum or aggregate sum.
Appears in 1 contract
Samples: Guarantee (TBS International PLC)
Validity of demands. A demand under this Guarantee shall be valid notwithstanding that it is served:
(a) on the date on which the amount to which it relates is payable by the Borrower Borrowers under the Loan Agreement or, as the case may be, the Master Agreement;
(b) at the same time as the service of a notice under clause 18.22 19.2 (actions following an Event events of Defaultdefault) of the Loan Agreement; and a demand under this Guarantee may refer to all amounts payable under or in connection with the Loan Agreement and the Master Agreement without specifying a particular sum or aggregate sum.
Appears in 1 contract
Samples: Guarantee (TBS International PLC)
Validity of demands. A demand under this Guarantee shall be valid notwithstanding that it is served:
(a) on the date on which the amount to which it relates is payable by the Borrower under the Loan Agreement;
(b) at the same time as the service of a notice under clause 18.22 Clause 19.2 (actions following an Event events of Defaultdefault) of the Loan Agreement and a notice under Section 6(b)(iv) of any Master Agreement; and a demand under this Guarantee may refer to all amounts payable under or in connection with the Loan Agreement or any Master Agreement without specifying a particular sum or aggregate sum.
Appears in 1 contract
Samples: Shareholder Guarantee (Britannia Bulk Holdings Inc)
Validity of demands. A demand under this Guarantee shall be valid notwithstanding that it is served:
(a) on the date on which the amount to which it relates is payable by the Borrower Guarantor under the Loan AgreementAgreement or any of the other Finance Documents;
(b) at the same time as the service of a notice under clause 18.22 Clause 9.2 (actions following an Event of Default) of the Loan Agreement; and a demand under this Guarantee may refer to all amounts payable under or in connection with the Loan Agreement without specifying a particular sum or aggregate sum.
Appears in 1 contract
Samples: Corporate Guarantee (Toro Corp.)
Validity of demands. A demand under this Guarantee shall be valid notwithstanding that it is served:
(a) on the date on which the amount to which it relates is payable by the Borrowers Borrower under the Loan Agreement;
(b) at the same time as the service of a notice under clause 18.22 18.2 (actions following an Event events of Defaultdefault) of the Loan Agreement; and a demand under this Guarantee may refer to all amounts payable under or in connection with the Loan Agreement without specifying a particular sum or aggregate sum.
Appears in 1 contract
Samples: Fourth Amending and Restating Agreement (DryShips Inc.)
Validity of demands. A demand under this Guarantee shall be valid notwithstanding that it is served:
(a) on the date on which the amount to which it relates is payable by the Borrower under the Loan Agreement;
(b) served at the same time as the service of a notice under clause 18.22 19.2 (actions following an Event events of Defaultdefault) of the Loan Agreement; , and a demand under this Guarantee may refer to all amounts payable under or in connection with the Loan Agreement without specifying a particular sum or aggregate sum.
Appears in 1 contract
Samples: Guarantee (Seacastle Inc.)
Validity of demands. A demand under this Guarantee shall be valid notwithstanding that it is served:
(a) on the date on which the amount to which it relates is payable by the Borrower under the Loan Agreement;
(b) at the same time as the service of a notice under clause 18.22 (actions following an Event of Default) 19.2 of the Loan Agreement; and a demand under this Guarantee may refer to all amounts payable under or in connection with the Loan Agreement without specifying a particular sum or aggregate sum.
Appears in 1 contract
Samples: Guarantee (Pyxis Tankers Inc.)
Validity of demands. A demand under this Guarantee shall be valid notwithstanding that it is served:
(a) on the date on which the amount to which it relates is payable by the Borrower under the Loan Agreement;
(b) at the same time as the service of a notice under clause 18.22 7.10 (actions following an Event Events of Default) of the Loan Agreement; , and a demand under this Guarantee may refer to all amounts payable under or in connection with the Loan Agreement without specifying a particular sum or aggregate sum.
Appears in 1 contract
Validity of demands. A demand under this Guarantee shall be valid notwithstanding that it is served:
(a) on the date on which the amount to which it relates is payable by the Borrower Maker under the Loan Agreementrelevant Note;
(b) at the same time as the service of a notice under clause 18.22 (actions following an Event of Default) of the Loan Agreement; relevant Note, and a demand under this Guarantee may refer to all amounts payable under or in connection with the Loan Agreement relevant Note without specifying a particular sum or aggregate sum.
Appears in 1 contract
Validity of demands. A demand under this Guarantee shall be valid notwithstanding that it is served:
(a) on the date on which the amount to which it relates is payable by the Borrower under the Loan Agreement;
(b) at the same time as the service of a notice under clause 18.22 18.2 (actions following an Event events of Defaultdefault) of the Loan Agreement; and a demand under this Guarantee may refer to all amounts payable under or in connection with the Loan Agreement without specifying a particular sum or aggregate sum.
Appears in 1 contract
Samples: Guarantee (TBS International PLC)
Validity of demands. A demand under this Guarantee shall be valid notwithstanding that it is served:
(a) on the date on which the amount to which it relates is payable by the Borrower Borrowers under the Loan Agreement;
(b) at the same time as the service of a notice under paragraph (a)(i) of clause 18.22 (actions following an Event of Default) 19.2 of the Loan Agreement; and a demand under this Guarantee may refer to all amounts payable under or in connection with the Loan Agreement without specifying a particular sum or aggregate sum.
Appears in 1 contract
Samples: Guarantee (EuroDry Ltd.)
Validity of demands. A demand under this Guarantee shall be valid notwithstanding that it is served:
(a) on the date on which the amount to which it relates is payable by the Borrower Borrowers under the Loan Agreement or, as the case may be, the Master Agreement;
(b) at the same time as the service of a notice under clause 18.22 18.2 (actions following an Event events of Defaultdefault) of the Loan Agreement; and a demand under this Guarantee may refer to all amounts payable under or in connection with the Loan Agreement and the Master Agreement without specifying a particular sum or aggregate sum.
Appears in 1 contract
Samples: Guarantee (TBS International PLC)
Validity of demands. A demand under this Guarantee shall be valid notwithstanding that it is served:
(a) on the date on which the amount to which it relates is payable by the either Borrower under the Loan Agreement or a Master Agreement;
(b) at the same time as the service of a notice under clause 18.22 19.2 (actions following an Event events of Defaultdefault) of the Loan Agreement or a Master Agreement; and a demand under this Guarantee may refer to all amounts payable under or in connection with the Loan Agreement or the Master Agreements without specifying a particular sum or aggregate sum.
Appears in 1 contract
Samples: Guarantee (Scorpio Tankers Inc.)
Validity of demands. A demand under this Guarantee shall be valid notwithstanding that it is served:
(a) on the date on which the amount to which it relates is payable by the Borrower under the Loan Agreement;Agreement or any of the other Finance Documents; or
(b) at the same time as the service of a notice under clause 18.22 19.2 (actions Actions following an Event of Default) of the Loan Agreement; , and a demand under this Guarantee may refer to all amounts payable under or in connection with the Loan Agreement and any other Finance Document without specifying a particular sum or aggregate sum.
Appears in 1 contract
Samples: Guarantee (EuroDry Ltd.)
Validity of demands. A demand under this Guarantee shall be valid notwithstanding that it is served:
(a) on the date on which the amount to which it relates is payable by the Borrower under the Loan Agreement;
(b) at the same time as the service of a notice under paragraph (a)(i) of clause 18.22 (actions following an Event of Default) 19.2 of the Loan Agreement; and a demand under this Guarantee may refer to all amounts payable under or in connection with the Loan Agreement without specifying a particular sum or aggregate sum.
Appears in 1 contract
Samples: Guarantee (EuroDry Ltd.)
Validity of demands. A demand under this Guarantee shall be valid notwithstanding that it is served:
(a) on the date on which the amount to which it relates is payable by the Borrower Borrowers under the Loan Agreement;
(b) at the same time as the service of a notice under clause 18.22 18.2 (actions following an Event events of Defaultdefault) of the Loan Agreement; Agreement and a demand under this Guarantee may refer to all amounts payable under or in connection with the Loan Agreement without specifying a particular sum or aggregate sum.
Appears in 1 contract
Samples: Guarantee (EuroDry Ltd.)
Validity of demands. A demand under this Guarantee shall be valid notwithstanding that it is served:
(a) on the date on which the amount to which it relates is payable by the Borrower under the Loan Agreement;
(b) at the same time as the service of a notice under clause 18.22 5.10 (actions following an Event events of Defaultdefault) of the Loan Agreement; , and a demand under this Guarantee may refer to all amounts payable under or in connection with the Loan Agreement without specifying a particular sum or aggregate sum.
Appears in 1 contract
Validity of demands. A demand under this Guarantee shall be valid notwithstanding that it is served:
(a) on the date on which the amount to which it relates is payable by the Borrower Borrowers under the Loan Agreement;, the Master Agreement or any of the other Finance Documents; and
(b) at the same time as the service of a notice under clause 18.22 19.2 (actions following an Event events of Defaultdefault) of the Loan Agreement; , and a demand under this Guarantee may refer to all amounts payable under or in connection with the Loan Agreement any Finance Document without specifying a particular sum or aggregate sum.
Appears in 1 contract
Samples: Guarantee (Pyxis Tankers Inc.)
Validity of demands. A demand under this Guarantee shall be valid notwithstanding that it is served:
(a) on the date on which the amount to which it relates is payable by the Borrower Borrowers under the Loan Agreement;
(b) at the same time as the service of a notice under clause 18.22 (actions following an Event of Default) 19.2 of the Loan Agreement; and a demand under this Guarantee may refer to all amounts payable under or in connection with the Loan Agreement without specifying a particular sum or aggregate sum.
Appears in 1 contract
Samples: Guarantee (Pyxis Tankers Inc.)
Validity of demands. A demand under this Guarantee shall be valid notwithstanding that it is served:
: (a) on the date on which the amount to which it relates is payable by the Borrower Borrowers under the Loan Agreement;
; (b) at the same time as the service of a notice under clause 18.22 19.2 (actions following an Event events of Defaultdefault) of the Loan Agreement; , and a demand under this Guarantee may refer to all amounts payable under or in connection with the Loan Agreement without specifying a particular sum or aggregate sum.
Appears in 1 contract
Samples: Guarantee (DryShips Inc.)