Common use of Exception Clause in Contracts

Exception. Nothing in clause 12.2 shall entitle any Lender to receive any amount in respect of compensation for any such liability to Taxes, increased or additional cost, reduction, payment, foregone return or loss to the extent that the same is the subject of an additional payment under clause 6.6.

Appears in 21 contracts

Samples: Agreement (Navios Maritime Holdings Inc.), Agreement (Navios Maritime Partners L.P.), Agreement (Navios Maritime Holdings Inc.)

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Exception. Nothing in clause 12.2 shall entitle any the Lender to receive any amount in respect of relating to compensation for any such liability to Taxes, increased or additional cost, reduction, payment, foregone return or loss to the extent that the same is the subject of an additional payment under clause 6.6.

Appears in 5 contracts

Samples: Loan Agreement (Navios Maritime Holdings Inc.), Agreement (StealthGas Inc.), Agreement (Box Ships Inc.)

Exception. 13.2 Nothing in clause 12.2 13.1 shall entitle any Lender to receive any amount in respect of compensation for any such liability to Taxes, increased or additional cost, reduction, payment, foregone return or loss (a) to the extent that the same is taken into account in calculating the Mandatory Cost or (b) to the extent that the same is the subject of an additional payment under clause 6.67.

Appears in 5 contracts

Samples: Restructuring Agreement (Danaos Corp), Agreement (Danaos Corp), Restructuring Agreement (Danaos Corp)

Exception. Nothing in clause Clause 12.2 (Increased Cost) shall entitle any the Lender to receive any amount in respect of compensation for any such liability to Taxes, increased or additional cost, reduction, payment, foregone return or loss to the extent that the same is the subject of an additional payment under clause 6.6Clause 5.3 (Gross Up).

Appears in 4 contracts

Samples: Loan Agreement (Performance Shipping Inc.), Agreement (Imperial Petroleum Inc./Marshall Islands), Loan Agreement (Seanergy Maritime Holdings Corp.)

Exception. Nothing in clause 12.2 shall entitle any the Lender to receive any amount in respect of compensation for any such liability to Taxes, increased or additional cost, reduction, payment, foregone return or loss to the extent that the same is the subject of an additional payment under clause 6.66.6 or (b) attributable to a FATCA Deduction required to be made by a Party.

Appears in 3 contracts

Samples: www.lw.com, Navios Maritime Midstream Partners LP, Navios Maritime Midstream Partners LP

Exception. Nothing in clause 12.2 11.2 shall entitle any the Lender to receive any amount in respect of relating to compensation for any such liability to Taxes, increased or additional cost, reduction, payment, foregone return or loss to the extent that the same is the subject of an additional payment under clause 5.3, 5.4 or 6.6.

Appears in 3 contracts

Samples: Loan Agreement (Navios Maritime Partners L.P.), Loan Agreement (Navios Maritime Acquisition Corp), Loan Agreement (Navios Maritime Acquisition CORP)

Exception. Nothing in clause 12.2 12. shall entitle any the Lender to receive any amount in respect of compensation for any such liability to Taxes, increased or additional cost, reduction, payment, foregone return or loss to the extent that the same is the subject of an additional payment under clause 6.6.

Appears in 3 contracts

Samples: Agreement (EuroDry Ltd.), Agreement (EuroDry Ltd.), Agreement (Euroseas Ltd.)

Exception. Nothing in clause 12.2 shall entitle any Lender to receive any amount in respect of compensation for any such liability to Taxes, increased or additional cost, reduction, payment, foregone return or loss to the extent that the same is the subject of an additional payment under clause 6.66.6 or (b) attributable to a FATCA Deduction required to be made by a Party.

Appears in 3 contracts

Samples: Agreement (Navios Maritime Acquisition CORP), Navios Maritime Acquisition CORP, Navios Maritime Holdings Inc.

Exception. Nothing in clause 12.2 shall entitle any Lender to receive any amount in respect of compensation for any such liability to Taxes, increased or additional cost, reduction, payment, foregone return or loss to the extent that the same is (a) the subject of an additional payment under clause 6.66.6 or (b) attributable to a FATCA Deduction required to be made by a Party.

Appears in 2 contracts

Samples: EuroDry Ltd., Euroseas Ltd.

Exception. Nothing in clause 12.2 12.1.3 shall entitle any Lender to receive any amount in respect of compensation for any such liability to Taxes, increased or additional cost, reduction, payment, foregone return or loss to the extent that the same is the subject of an additional payment under clause 6.6.

Appears in 2 contracts

Samples: Seanergy Maritime Holdings Corp., Seanergy Maritime Holdings Corp.

Exception. Nothing in clause 12.2 shall entitle any Lender to receive any amount in respect of compensation for any such liability to Taxes, increased or additional cost, reduction, payment, foregone return or loss to the extent that the same is the subject of an additional payment under clause 6.6.. 13 APPLICATION OF MONEYS, SET OFF, PRO-RATA PAYMENTS AND MISCELLANEOUS

Appears in 2 contracts

Samples: Agreement (Navios Maritime Holdings Inc.), Navios Maritime Acquisition CORP

Exception. Nothing in clause 12.2 shall entitle any the Lender to receive any amount in respect of relating to compensation for any such liability to Taxes, increased or additional cost, reduction, payment, foregone return or loss to the extent that the same is the subject of an additional payment under clause 6.65.2, 5.3 or 6.5.

Appears in 2 contracts

Samples: Agreement (Navios Maritime Holdings Inc.), Secured Loan Agreement (Navios Maritime Holdings Inc.)

Exception. Nothing in clause Clause 12.2 (Increased Cost) shall entitle any the Lender to receive any amount in respect of compensation for any such liability to Taxes, increased or additional cost, reduction, payment, foregone return or loss to the extent that the same is the subject of an additional payment under clause 6.6Clause 5.3 (Gross-up).

Appears in 2 contracts

Samples: Loan Agreement (Pyxis Tankers Inc.), Seanergy Maritime Holdings Corp.

Exception. Nothing in clause 12.2 shall entitle any the Lender to receive any amount in respect of relating to compensation for any such liability to Taxes, increased or additional cost, reduction, payment, foregone return or loss to the extent that the same is the subject of an additional payment under clause 5.3, 5.4 or 6.6.. 13 SECURITY, SET-OFF AND MISCELLANEOUS

Appears in 2 contracts

Samples: Loan Agreement (Navios Maritime Holdings Inc.), Loan Agreement (Navios South American Logistics Inc.)

Exception. Nothing in clause 12.2 shall entitle any Lender to receive any amount in respect of compensation for any such liability to Taxes, increased or additional cost, reduction, payment, foregone return or loss to the extent that the same is the subject of an additional payment under clause 6.66.7 which fully compensates that Lender.

Appears in 2 contracts

Samples: Agreement (Teekay LNG Partners L.P.), Agreement (DryShips Inc.)

Exception. Nothing in clause 12.2 Clause 12.3 shall entitle any the Lender to receive any amount in respect of compensation for any such liability to Taxes, increased or additional cost, reduction, payment, foregone return or loss to the extent that the same is the subject of an additional payment under clause 6.6Clause 5.3.

Appears in 2 contracts

Samples: Seanergy Maritime Holdings Corp., Seanergy Maritime Holdings Corp.

Exception. Nothing in clause 12.2 shall entitle any Lender to receive any amount in respect of relating to compensation for any such liability to Taxes, increased or additional cost, reduction, payment, foregone return or loss to the extent that the same is the subject of an additional payment under clause 6.6.

Appears in 1 contract

Samples: Navios Maritime Partners L.P.

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Exception. Nothing in clause 12.2 shall entitle any the Lender to receive any amount in respect of relating to compensation for any such liability to Taxes, increased or additional cost, reduction, payment, foregone return or loss to the extent that the same is the subject of an additional payment under clause 5.3, 5.4 or 6.6.

Appears in 1 contract

Samples: Secured Loan Agreement (Navios Maritime Holdings Inc.)

Exception. Nothing in clause 12.2 shall entitle any Lender to receive any amount in respect of compensation for any such liability to Taxes, increased or additional cost, reduction, payment, foregone return or loss to the extent that the same is the subject of an additional payment under clause 6.66.7 or which arises as a result of any deterioration in the credit rating of any Lender.

Appears in 1 contract

Samples: Loan Agreement (American Eagle Tankers Inc LTD)

Exception. Nothing in clause 12.2 shall entitle any Lender to receive any amount in respect of compensation for any such liability to Taxes, increased or additional cost, reduction, payment, foregone return or loss to the extent that the same is the subject of an additional payment under clause 6.6.. 36 Table of Contents 13 APPLICATION OF MONEYS, SET OFF, PRO-RATA PAYMENTS AND MISCELLANEOUS

Appears in 1 contract

Samples: Navios Maritime Acquisition CORP

Exception. Nothing in clause 12.2 13.2 shall entitle any Lender to receive any amount in respect of compensation for any such liability to Taxes, increased or additional cost, reduction, payment, foregone return or loss (a) to the extent that the same is taken into account in calculating the Additional Cost or (b) to the extent that the same is the subject of an additional payment under clause 6.60.

Appears in 1 contract

Samples: Gulfmark Offshore Inc

Exception. Nothing in clause 12.2 Clause 14 shall entitle any the Lender to receive any amount in respect of compensation for any such liability to Taxes, increased or additional cost, reduction, payment, foregone return or loss to the extent that the same is the subject of an additional payment under clause 6.6Clause 8.6 (Grossing-up for Taxes – by the Borrowers).

Appears in 1 contract

Samples: Facility Agreement (Navios Maritime Partners L.P.)

Exception. Nothing in clause 12.2 shall entitle any Lender to receive any amount in respect of compensation for any such liability to Taxes, increased or additional cost, reduction, payment, foregone return or loss to the extent that the same is the subject of an additional payment under clause 6.66.6 or attributable to a FATCA Deduction required to be made by a party to any Security Document.

Appears in 1 contract

Samples: Agreement (Navios Maritime Partners L.P.)

Exception. Nothing in clause 12.2 shall entitle any Lender to receive any amount in respect of compensation for any such liability to Taxes, increased or additional cost, reduction, payment, foregone return or loss (a) to the extent that the same is taken into account in calculating the additional cost or (b) to the extent that the same is the subject of an additional payment under clause 6.66.8.

Appears in 1 contract

Samples: Loan Agreement (Danaos Corp)

Exception. Nothing in clause 12.2 shall entitle any the Lender to receive any amount in respect of compensation for any such liability to Taxes, increased or additional cost, reduction, payment, foregone return or loss to the extent that the same is the subject of an additional payment under clause 6.6.. 13 APPLICATION OF MONEYS, SET OFF, PRO-RATA PAYMENTS AND MISCELLANEOUS

Appears in 1 contract

Samples: Agreement (NewLead Holdings Ltd.)

Exception. Nothing in clause 12.2 13.2 shall entitle any Lender to receive any amount in respect of compensation for any such liability to Taxes, increased or additional cost, reduction, payment, foregone return or loss (a) to the extent that the same is taken into account in calculating the Additional Cost or (b) to the extent that the same is the subject of an additional payment under clause 6.68.7.

Appears in 1 contract

Samples: Agreement (Gulfmark Offshore Inc)

Exception. Nothing in clause 12.2 shall entitle any Lender to receive any amount in respect of compensation for any such liability to Taxes, increased or additional cost, reduction, payment, foregone return or loss to the extent that the same is the subject of an additional payment under clause 6.6.. Table of Contents 13 APPLICATION OF MONEYS, SET OFF, PRO-RATA PAYMENTS AND MISCELLANEOUS

Appears in 1 contract

Samples: Navios Maritime Holdings Inc.

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