CLEARING ACCOUNT AGREEMENT [SPRINGING]Account Agreement • August 2nd, 2007 • Sea Containers LTD /Ny/ • Water transportation • New York
This CLEARING ACCOUNT AGREEMENT (the “Agreement”) is entered into this 23rd day of July 2007, by and among Commerce Bank, N.A., having a place of business at 1701 Route 70 East, Cherry Hill, New Jersey, 08034 (the “Clearing Bank”), SEA CONTAINERS LTD., having its principal place of business at Canon’s Court, 22 Victoria Street, Hamilton HM 12, Bermuda (the “Borrower”), and WELLS FARGO BANK NORTHWEST, N.A., having its principal place of business at 299 South Main Street, 12th Floor, Salt Lake City, Utah, 84111 (as administrative agent and collateral agent on behalf of the secured parties, together with its successors and assigns, “Agent”).
SECURED SUPER-PRIORITY DEBTOR-IN-POSSESSION CREDIT AGREEMENT among SEA CONTAINERS LTD., as Borrower, Debtor and Debtor-in-Possession, SPC HOLDINGS LTD., as Guarantor, the several Lenders from time to time parties hereto, and WELLS FARGO BANK...Sea Containers LTD /Ny/ • August 2nd, 2007 • Water transportation • New York
SECURED SUPER-PRIORITY DEBTOR-IN-POSSESSION CREDIT AGREEMENT, dated as of July 20, 2007, among SEA CONTAINERS LTD., a Bermuda company, as a borrower and as debtor and debtor-in-possession under Chapter 11 of the Bankruptcy Code (as defined below) (the “Borrower” or the “Debtor”); SPC HOLDINGS LTD., a Bermuda company, as a guarantor (“Holdings” or the “Guarantor” and, together with the Borrower, the “Credit Parties”); the several banks and other financial institutions or entities from time to time parties to this Agreement (solely in their capacities as providers of the Commitments, and as lenders, creditors and secured parties, under the Credit Documents, collectively, the “Lenders”), whether by Addendum or Assignment and Acceptance; and WELLS FARGO BANK NORTHWEST, N.A. (“WFBN”), as administrative agent (solely in such capacity, together with any successors, assigns and sub-agents, the “Administrative Agent”) and as collateral agent for the Secured Parties (solely in such capacity, tog
