Eligible Vessels definition

Eligible Vessels means each of the Vessels, other than any Ineligible Vessels and any Excluded Vessel.
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Eligible Vessels means towboats, barges and other vessels that (a) are owned by the Borrowers, (b) are subject to the first priority perfected lien in favor of the Agent or the Security Trustee, subject to Permitted Liens, (c) operate exclusively in domestic waters, and, (d) with respect to recently built towboats, barges and other vessels, have been fully constructed and accepted for delivery, as shown to Agent’s reasonable satisfaction.
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Eligible Vessels means each of the Vessels other than the Vessels known as “Dxxxx X. Xxxxxx” and “Wolverine”.
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Examples of Eligible Vessels in a sentence

  • Any person may apply to MARAD for Enrollment of Eligible Vessels in MSP Operating Agreements for inclusion in the MSP Fleet pursu- ant to the provisions of subtitle B, title VI, of the act.

  • Upon execution of the Supplement by the Mortgagee, the Mortgagor shall cause such Supplement to be recorded and shall otherwise take all steps necessary in order to subject the Eligible Vessel or Eligible Vessels named therein to the Lien of this Fleet Mortgage, subject to all of the terms and provisions hereof.

  • Any person may apply to MARAD for Enrollment of Eligible Vessels in MSP Operating Agreements for inclusion in the MSP Fleet pursuant to the provisions of Subtitle B, Title VI, of the Act.

  • Operators whose Eligible Vessels have undergone foreign repairs, which MARAD determines are non-emergency in nature, may be subject to a penalty in an amount equal to the total cost (exclusive of applicable U.S. Customs duties) of such foreign repairs and pur- chases, such penalty to be effected by a deduction from the Operator’s total ODS otherwise accrued.

  • Any person may apply to the Maritime Administration forEnrollment of Eligible Vessels in MSP Operating Agreements for inclusion in the MSP Fleet pursuant to theprovisions of Subtitle B, Title VI, of the Act.

  • In respect of any resale of Shore Power by the Port Customer as Port Electricity to Eligible Vessels, the Port Customer agrees that the price it shall charge for the supply of Port Electricity to Eligible Vessels docked at the Port Facility shall not exceed the price payable to BC Hydro for the Shore Power supplied.

  • The Port Customer owns and is responsible for the maintenance of all electrical equipment required for the supply of Port Electricity to docked Eligible Vessels at the Port Facility (the “Port Electricity Electrical Equipment”), other than the meters, metering transformers and any associated apparatus supplied by BC Hydro.

  • The procedures for connecting and disconnecting docked Eligible Vessels to and from Port Electricity Electrical Equipment, and procedures for related matters(including synchronization, transfer of loads, communications, safety) will be set forth in the Local Operating Order to be agreed upon and signed between BC Hydro and the Port Customer.

  • Vessel Appraisal: a written appraisal of the Eligible Vessels delivered to Agent, in form, scope and methodology, and by an appraiser, reasonably acceptable to Agent, addressed to Agent and upon which Agent and Lenders are expressly permitted to rely.

  • The Eligible Vessels shall be insured in accordance with the Ship Mortgages.


More Definitions of Eligible Vessels

Eligible Vessels means towboats, barges and other vessels that (a) are owned by the Borrowers, (b) are registered with the United States Coast Guard, if such towboat, barge or other vessel is eligible for registration with the United States Coast Guard, (c) are subject to the first priority lien in favor of the Agent, subject to Permitted Liens, and (d) operate exclusively in domestic waters.
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Eligible Vessels means, collectively, Eligible Cdn. Vessels and Eligible US Vessels.
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Eligible Vessels means the vessels owned by a Loan Party, which vessels (i) are acceptable to the ABL Administrative Agent in its Permitted Discretion, (ii) are described in a Vessel Appraisal prepared by an Approved Broker, and (iii) meet each of the following requirements: (a) such Loan Party has good title to such vessel; (b) such Loan Party has the right to subject such vessel to a lien in favor of the ABL Administrative Agent; such vessel is subject to the applicable security and other provisions of the ABL Loan Documents and to a first priority perfected lien in favor of the ABL Administrative Agent and is free and clear of all other liens of any nature whatsoever (except for Permitted Collateral Liens (definition to be agreed)); (c) such vessel is fully constructed and has been accepted by such Loan Party, and the full purchase price for such vessel has been paid by such Loan Party; (d) such vessel is not subject to any agreement (other than an agreement to which the ABL Administrative Agent is a party) which would prohibit the ABL Administrative Agent from exercising any rights of a secured creditor against such vessel in the event of an event of default under the ABL Facility; and (e) the representations and warranties with respect to such vessel contained in any ABL Loan Document relating thereto are true and correct, and such Loan Party has complied with all covenants and obligations with respect to such vessel (including with regard to insurance) contained in any ABL Loan Document relating thereto.
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Eligible Vessels means each of the Vessels.
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Eligible Vessels means the tug boats, barges, rigs and other vessels listed on Schedule XI hereto, as such schedule may be amended from time to time at the request of the Borrower and with the consent of the Collateral Agent or in accordance with the provisions of 5.01(p) and 5.01(q) hereto, provided that the Collateral Agent shall have at all times a first priority and perfected lien on each such tug boat, barge, rig or other vessel, provided further that each such tug boat, barge, rig or other vessel is duly documented, in the name of the Borrower or a Guarantor as owner, under the laws and flag of the United States, the Republic of Liberia, the Mxxxxxxx Islands, or such other jurisdiction satisfactory to the Administrative Agent in its reasonable discretion.
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Eligible Vessels means cruise ships, container ships, cargo ships, freighters, tankers, bulk carriers, passenger and vehicle ferries, and similar deep-sea vessels. Local Operating Order means the operating order entered into by BC Hydro and the Port Customer which outlines the procedures to be followed when working on electrical facilities at or in the vicinity of the Delivery Point(s), and for connecting and
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Related to Eligible Vessels

  • Eligible Vehicle means a motor vehicle that:

  • Covered vessel means a tank vessel, cargo vessel, or passenger vessel.

  • Fleet Vessels means all of the vessels (including, but not limited to, the Ships) from time to time wholly owned by members of the Group (each a “Fleet Vessel”);

  • Mortgaged Vessel means, at any relevant time, any Vessel which is at such time subject to a Mortgage and a Vessel shall, for the purposes of this Agreement, be regarded as a Mortgaged Vessel as from the date on which the Mortgage of that Vessel has been executed and registered in accordance with this Agreement until whichever shall be the earlier of (i) the payment in full of the amount required to be paid to the Agent pursuant to clause 4.3 or 4.5 following the Total Loss or sale respectively of such Vessel and (ii) the end of the Facility Period;

  • Eligible veteran means an individual who is certified by the Wisconsin Department of Veterans Affairs as meeting all of the following conditions:

  • U.S.-flag vessel means a vessel of the United States or belonging to the United States, including any vessel registered or having national status under the laws of the United States.

  • Vessels shall have the meaning set forth in the recitals.

  • Passenger vessel means any boat, ship, vessel,

  • Foreign flag vessel means any vessel that is not a U.S.-flag vessel.

  • Eligible Real Property means the real property listed on Schedule 1.01(a) owned by a Loan Party (i) that is located in the United States of America and is acceptable to the Agent in its Permitted Discretion for inclusion in the Borrowing Base, (ii) in respect of which an appraisal report has been delivered to the Agent in form, scope and substance satisfactory to the Agent in its Permitted Discretion, (iii) in respect of which the Agent is satisfied that all actions necessary or desirable in order to create perfected first priority Lien on such real property have been taken, including the presentation or delivery of the Mortgage to a title insurance company for recording, provided that the title insurance company has issued its title insurance policy to the Agent pursuant to clause (v) below in a New York style closing, (iv) in respect of which a Phase I environmental review report has been completed and delivered to the Agent in form and substance satisfactory to the Agent in its Permitted Discretion and which does not indicate any pending, threatened or existing Environmental Liability, or non compliance with any Environmental Law (except to the extent that Reserves for any such Environmental Liability deemed adequate by the Agent in its Permitted Discretion exist), (v) which is adequately protected by fully-paid valid title insurance with endorsements and in amounts acceptable to the Agent, insuring that the Agent, for the benefit of the Lenders, has a perfected first priority Lien on such real property, evidence of which shall have been provided in form and substance satisfactory to the Agent in its Permitted Discretion, and (vi) if required by the Agent: (A) an ALTA survey reasonably acceptable to the Agent and the title insurance company has been delivered for which all necessary fees have been paid and which is dated no more than 90 days prior to the date on which the applicable Mortgage is executed and delivered to a title insurance company for recording, certified to Agent and the issuer of the title insurance policy in a manner satisfactory to the Agent in its Permitted Discretion by a land surveyor duly registered and licensed in the state in which such Eligible Real Property is located and acceptable to the Agent in its Permitted Discretion; (B) in respect of which local counsel in states in which the Eligible Real Property is located have delivered a letter of opinion with respect to the enforceability and perfection of the Mortgages and any related fixture filings in form and substance satisfactory to the Agent in its Permitted Discretion; and (C) in respect of which such Loan Party shall have used its reasonable best efforts to obtain estoppel certificates executed by all tenants of such Eligible Real Property and such other consents, agreements and confirmations of lessors and third parties have been delivered as the Agent may deem necessary or desirable in its Permitted Discretion, together with evidence that all other actions that the Agent may deem necessary or desirable in order to create perfected first priority Liens on the property described in the Mortgages have been taken.

  • Eligible Aircraft has the meaning set forth in the second recital to the Note Purchase Agreement.

  • Qualified machinery and equipment means all new industrial

  • Eligible Equipment means, at any time of determination, Equipment owned by Borrower which Lender, in its sole discretion, deems to be eligible for borrowing purposes.

  • Eligible Inventory means and include Inventory, excluding work in process, with respect to each Borrower, valued at the lower of cost or market value, determined on a first-in, first-out basis, which is not obsolete, slow moving or unmerchantable as determined by Agent in its Permitted Discretion and which Inventory, based on such considerations as Agent may from time to time deem appropriate in its Permitted Discretion including whether the Inventory is subject to a perfected, first priority security interest in favor of Agent and no other Lien (other than a Permitted Encumbrance). Notwithstanding anything herein to the contrary, no Inventory shall be Eligible Inventory to the extent such Inventory was acquired by a Borrower pursuant to an entity creation under Section 7.12 or a Permitted Acquisition, unless Agent has (i) completed field examinations with respect to such Inventory, the results of which are satisfactory in form and substance to Agent in its Permitted Discretion or (ii) waived such restriction in its Permitted Discretion. In addition, Inventory shall not be Eligible Inventory if it: (a) does not conform in all material respects to all standards imposed by any Governmental Body which has regulatory authority over such goods or the use or sale thereof; (b) is in transit (other than between one or more locations where Borrowers are permitted hereunder to maintain or store Inventory and such location is the subject of a Lien Waiver Agreement or a Processor’s Agreement, as applicable, unless such location is owned by Borrower); (c) is located outside the continental United States or at a location that is not otherwise in compliance with this Agreement; (d) constitutes Consigned Inventory (other than Consigned Inventory that is subject to a warehouseman’s waiver in form and substance satisfactory to Agent); (e) is the subject of an Intellectual Property Claim; (f) is subject to a License Agreement that limits, conditions or restricts the applicable Borrower’s or Agent’s right to sell or otherwise dispose of such Inventory, unless Agent is a party to a Licensor/Agent Agreement with the Licensor under such License Agreement (or Agent shall agree otherwise in its Permitted Discretion after establishing reserves against the Formula Amount with respect thereto as Agent shall deem appropriate in its Permitted Discretion); (g) at any time following seventy-five (75) days after the Closing Date (or such later date agreed to by Agent), is situated at a location not owned by a Borrower unless the owner or occupier of such location has executed in favor of Agent a Lien Waiver Agreement or a Processor’s Agreement, as applicable (or Agent shall have established reserves against the Formula Amount with respect thereto as Agent shall deem appropriate in its Permitted Discretion in an amount not to exceed the equivalent of three (3) months’ rental obligation with respect to such location); or (h) if the sale of such Inventory would result in the creation of a Receivable which, on the date of such sale, would fail to constitute an Eligible Receivable due to the operation of any of clauses (b), (c) or (e) – (p) of such definition.

  • Eligible Finished Goods Inventory means all Finished Goods Inventory that is Eligible Inventory.

  • foreign vessel means any vessel other than a coastal vessel.

  • Eligible Portfolio Investment means any Portfolio Investment held by any Obligor (and solely for purposes of determining the Borrowing Base, Cash and Cash Equivalents held by any Obligor) that, in each case, meets all of the criteria set forth on Schedule 1.01(d) hereto; provided, that no Portfolio Investment, Cash or Cash Equivalent shall constitute an Eligible Portfolio Investment or be included in the Borrowing Base if the Collateral Agent does not at all times maintain a first priority, perfected Lien (subject to no other Liens other than Eligible Liens) on such Portfolio Investment, Cash or Cash Equivalent or if such Portfolio Investment, Cash or Cash Equivalent has not been or does not at all times continue to be Delivered (as defined in the Guarantee and Security Agreement). Without limiting the generality of the foregoing, it is understood and agreed that any Portfolio Investments that have been contributed or sold, purported to be contributed or sold or otherwise transferred to any Financing Subsidiary, or held by any Financing Subsidiary, or which secure obligations of any Financing Subsidiary, shall not be treated as Eligible Portfolio Investments until distributed, sold or otherwise transferred to the Borrower free and clear of all Liens (other than Eligible Liens). Notwithstanding the foregoing, nothing herein shall limit the provisions of Section 5.12(b)(i), which provide that, for purposes of this Agreement, all determinations of whether an Investment is to be included as an Eligible Portfolio Investment shall be determined on a settlement-date basis (meaning that any Investment that has been purchased will not be treated as an Eligible Portfolio Investment until such purchase has settled, and any Eligible Portfolio Investment which has been sold will not be excluded as an Eligible Portfolio Investment until such sale has settled), provided that no such Investment shall be included as an Eligible Portfolio Investment to the extent it has not been paid for in full.

  • Vessel means the vessel/craft belonging to the Contractor for carrying out the work.

  • Tank vessel means a ship that is constructed or adapted to carry, or that carries, oil in bulk as cargo or cargo residue, and that:

  • foreign fishing vessel means any fishing vessel other than a local fishing vessel;

  • Foreign-going vessel means any vessel other than coastal vessel.

  • Pressure vessel means a vessel that may be used for containing, storing, distributing, transferring, distilling, processing or otherwise handling any gas, vapour or liquid under pressure greater than the atmospheric pressure and includes any pipeline fitting or other equipment attached thereto or used in connection therewith; and

  • storage vessel means a pressure vessel as defined in the Regulations for Pressure Vessels made under the Occupational Health and Safety Act;

  • Eligible Assets means property that is used or useful in the same or a similar line of business as the Borrower and its Subsidiaries were engaged in on the Closing Date (or any reasonable extension or expansions thereof).

  • Eligible Property means property beneficially owned by a person or entity other than the Fund and held in a bank account maintained by BNYM for or on behalf of the Fund, or property held in a Fund shareholder account, which is (x) subject to reporting or escheat under an Unclaimed Property Law, (y) of a nature or type or classification reasonably related to the services performed by BNYM under this Agreement (such as cash amounts representing non-negotiated dividend checks and shares in abandoned shareholder accounts), and (z) under the control of BNYM.

  • Asset Coverage Test is met if the Adjusted Aggregate Asset Amount (as defined below) shall be in an amount at least equal to the Canadian Dollar Equivalent of the aggregate Principal Amount Outstanding of the Covered Bonds as calculated on the relevant Calculation Date. For greater certainty, references in this Schedule to “immediately preceding Calculation Date” and “previous Calculation Date” are to the Calculation Period ending on the Calculation Date.