Valuation of Mortgaged Vessels. Each Mortgaged Vessel shall, for the purposes of this Agreement, be valued (at the Borrowers’ expense) in USD by any Approved Broker, such valuations to be made without physical inspection, and on the basis of a sale for prompt delivery for cash at arms’ length, on normal commercial terms, as between a willing buyer and a willing seller, taking into account the benefit or burden of any charterparty or other engagement concerning the relevant Mortgaged Vessel and such valuations to be no older than 3 months on the date on which it is 32 provided to the Bank, and to be provided to the Bank at such times as the Bank shall require at the cost of the Borrowers, Provided that if the Bank or the Borrowers do not agree with any valuation produced as hereinbefore referred to then each of the Bank and the Borrowers shall nominate an Approved Broker, and the Valuation Amount for the relevant Mortgaged Vessel or Vessels shall be the average of the valuations produced by those two Approved Brokers in accordance with the terms of this Clause. The Approved Broker’s valuations for each Mortgaged Vessel on each such occasion shall constitute the Valuation Amount of such Mortgaged Vessel for the purposes of this Agreement until superseded by the next such valuation. The Bank may request valuations of the Mortgaged Vessels at any time in its discretion.
Appears in 2 contracts
Samples: Agreement, Agreement (Navios Maritime Holdings Inc.)
Valuation of Mortgaged Vessels. Each Mortgaged Vessel shall, for the purposes of this Agreement, be valued (at the Borrowers’ expense) in USD by any Approved Broker, such valuations to be made without physical inspection, and on the basis of a sale for prompt delivery for cash at arms’ length, on normal commercial terms, as between a willing buyer and a willing seller, without taking into account the benefit or burden of any charterparty or other engagement concerning the relevant Mortgaged Vessel and such valuations to be no older than 3 months 15 days on the date on which it is 32 provided to the Bank, and to be provided to the Bank at such times as the Bank shall require at the cost of the Borrowers, Provided that if the Bank or the Borrowers do not agree with any valuation produced as hereinbefore referred to then each of the Bank and the Borrowers shall nominate an Approved Broker, and the Valuation Amount for the relevant Mortgaged Vessel or Vessels shall be the average of the valuations produced by those two Approved Brokers in accordance with the terms of this Clause. The Approved Broker’s valuations for each Mortgaged Vessel on each such occasion shall constitute the Valuation Amount of such Mortgaged Vessel for the purposes of this Agreement until superseded by the next such valuation. The Bank may request valuations of the Mortgaged Vessels at any time in its discretion, and no less than once in any twelve month period.
Appears in 2 contracts
Samples: Facility Agreement (Navios Maritime Acquisition CORP), Agreement (Navios Maritime Acquisition CORP)
Valuation of Mortgaged Vessels. Each Mortgaged each Vessel shall, for the purposes of this Agreement, be valued (at the Borrowers’ expense) in USD by any taking a valuation prepared by an Approved BrokerBroker appointed by the Borrowers, each such valuations valuation to be made without physical inspection, and on the basis of a sale for prompt delivery for cash at arms’ length, on normal commercial terms, as between a willing buyer and a willing seller, without taking into account the benefit or burden of any charterparty or other engagement concerning the relevant Mortgaged Vessels and if an Approved Broker gives a range of values, then the arithmetic mean of such values shall be used for the purposes of this clause, Provided that for the purpose of determining the Valuation Amounts of the Vessels prior to the Drawdown Date (as referred to in Schedule 2 Part B (j) (Valuation), each Vessel and shall, for the purposes of this Agreement, be valued in USD by taking the arithmetic mean of valuations prepared by two Approved Brokers appointed by the Borrowers, each such valuations valuation to be no older than 3 months made without physical inspection, and on the date basis of a sale for prompt delivery for cash at arms’ length, on which it is 32 normal commercial terms, as between a willing buyer and a willing seller, without taking into account the benefit or burden of any charterparty or other engagement concerning the Vessels and if an Approved Broker gives a range of values, then the arithmetic mean of such values shall be used for the purposes of this clause, provided to the Bank, and to be provided to the Bank at that if such times as two valuations vary by more than 10% then the Bank shall require at the cost of the Borrowers, Provided that if the Bank or the Borrowers do not agree with any appoint a third Approved Broker to provide a valuation produced as hereinbefore referred to then each of the Bank and the Borrowers shall nominate an Approved Broker, and the Valuation Amount for the relevant Mortgaged Vessel or Vessels shall be the average of the such three valuations produced by those two Approved Brokers in accordance with the terms of this Clause. The Approved Broker’s valuations for each Mortgaged Vessel on each such occasion Valuations shall constitute the Valuation Amount of such Mortgaged Vessel for the purposes of this Agreement until superseded be obtained and received by the next such valuation. The Bank may request valuations of the Mortgaged Vessels at any time in its discretion.Bank:
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Valuation of Mortgaged Vessels. Each Mortgaged Vessel shall, for the purposes of this Agreement, be valued (at the Borrowers’ expense) in USD by any Approved Broker, such valuations to be made without physical inspection, and on the basis of a sale for prompt delivery for cash at arms’ length, on normal commercial terms, as between a willing buyer and a willing seller, without taking into account the benefit or burden of any charterparty or other engagement concerning the relevant Mortgaged Vessel and such valuations to be no older than 3 months on the date on which it is 32 provided to the Bank, and to be provided to the Bank at such times as the Bank shall require at the cost of the Borrowers, Provided that if the Bank or the Borrowers do not agree with any valuation produced as hereinbefore referred to then each of the Bank and the Borrowers shall nominate an Approved Broker, and the Valuation Amount for the relevant Mortgaged Vessel or Vessels shall be the average of the valuations produced by those two Approved Brokers in accordance with the terms of this Clause. The Approved Broker’s valuations for each Mortgaged Vessel on each such occasion shall constitute the Valuation Amount of such Mortgaged Vessel for the purposes of this Agreement until superseded superceded by the next such valuation. The Bank may request valuations of the Mortgaged Vessels at any time in its discretion.
Appears in 1 contract
Valuation of Mortgaged Vessels. Each Mortgaged Vessel shall, for the purposes of this Agreement, be valued (at the Borrowers’ expense) in USD by any Approved Broker, such valuations to be made without physical inspection, and on the basis of a sale for prompt delivery for cash at arms’ length, on normal 32 commercial terms, as between a willing buyer and a willing seller, without taking into account the benefit or burden of any charterparty or other engagement concerning the relevant Mortgaged Vessel and such valuations to be no older than 3 months 15 days on the date on which it is 32 provided to the Bank, and to be provided to the Bank at such times as the Bank shall require at the cost of the Borrowers, Provided that if the Bank or the Borrowers do not agree with any valuation produced as hereinbefore referred to then each of the Bank and the Borrowers shall nominate an Approved Broker, and the Valuation Amount for the relevant Mortgaged Vessel or Vessels shall be the average of the valuations produced by those two Approved Brokers in accordance with the terms of this Clause. The Approved Broker’s valuations for each Mortgaged Vessel on each such occasion shall constitute the Valuation Amount of such Mortgaged Vessel for the purposes of this Agreement until superseded by the next such valuation. The Bank may request valuations of the Mortgaged Vessels at any time in its discretion, and no less than once in any twelve month period.
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Samples: Agreement