Exclusive jurisdiction and service of process. The provisions of Section 14.07(b) and (c) (Governing Law; Exclusive Jurisdiction of English Courts; Service of Process) and Section 16 (Bail-In) of the Credit Agreement shall apply to this Agreement as if the same were expressly stated herein with all necessary changes. This Agreement has been executed on the date stated at the beginning of this Agreement. Schedule 1 8 Schedule 2 Schedule 3 10 Schedule 4 Amendments to the Relevant Documents Original Credit Agreement With effect on and from the Effective Date the Original Credit Agreement shall be, and shall be deemed by this Agreement to be, amended as follows:
Exclusive jurisdiction and service of process. The provisions of Section 14.07(b) and (c) (Governing Law; Exclusive Jurisdiction of English Courts; Service of Process) and Section 16 (Bail-In) of the Credit Agreement shall apply to this Agreement as if the same were expressly stated herein with all necessary changes. This Agreement has been executed on the date stated at the beginning of this Agreement. Schedule 1 The Lenders 8 Schedule 2 Conditions precedent to Effective Date Schedule 3 Form of Effective Date Notice 10 Schedule 4 Form of Amended and Restated Credit Agreement 11 €529,846,154 AMENDED AND RESTATED CREDIT AGREEMENT among NCL CORPORATION LTD., as Parent, BREAKAWAY TWO, LTD., as Borrower, VARIOUS LENDERS, KFW IPEX-BANK GMBH, as Facility Agent, Collateral Agent and CIRR Agent, NORDEA BANK ABP, FILIAL I NORGE (FORMERLY NORDEA BANK NORGE ASA), as Documentation Agent, and COMMERZBANK AKTIENGESELLSCHAFT, as Hermes Agent __________________________________ DATED NOVEMBER 18, 2010 AS AMENDED BY A FIRST AMENDMENT AGREEMENT DATED DECEMBER 21, 2010, A SECOND AMENDMENT AGREEMENT DATED MAY 31, 2012, A SIDE LETTER DATED AUGUST 7, 2019, AS AMENDED AND RESTATED BY A THIRD AMENDMENT AGREEMENT DATED APRIL 24, 2020, BY A FOURTH AMENDMENT AGREEMENT DATED FEBRUARY 18, 2021, BY A FIFTH AMENDMENT AGREEMENT DATED DECEMBER 23, 2021 AND AS FURTHER AMENDED AND RESTATED BY A SIXTH AMENDMENT AGREEMENT DATED 15 June, 2023 __________________________________ COMMERZBANK AG, NEW YORK BRANCH (FORMERLY DEUTSCHE SCHIFFSBANK AKTIENGESELLSCHAFT), DNB BANK ASA (FORMERLY DNB NOR BANK ASA), HSBC BANK PLC, KFW IPEX-BANK GMBH and NORDEA BANK ABP, FILIAL I NORGE (FORMERLY NORDEA BANK NORGE ASA), as Joint Lead Arrangers TABLE OF CONTENTS Page SECTION 1. Definitions and Accounting Terms. 1 1.01 Defined Terms. 1 SECTION 2. Amount and Terms of Credit Facility. 38 2.01 The Commitments. 38 2.02 Amount and Timing of Each Borrowing; Currency of Disbursements. 38 2.03 Notice of Borrowing. 40 2.04 Disbursement of Funds. 40 2.05 Pro Rata Borrowings. 41 2.06 Interest. 41 2.07 [Intentionally Omitted] 44 2.08 Increased Costs, Illegality, etc. 44 2.09 [Intentionally Omitted]. 48 2.10 Change of Lending Office; Limitation on Additional Amounts. 48 2.11 Replacement of Lenders. 48
Exclusive jurisdiction and service of process. The provisions of Section 14.07(b) and (c) (
Exclusive jurisdiction and service of process. The provisions of Section 14.07(b) and (c) of the Loan Agreement shall apply to this Deed as if the same were expressly stated herein with all necessary changes.
Exclusive jurisdiction and service of process. The provisions of Section 14.07(b) and (c) of the Credit Agreement shall apply to this Deed as if the same were expressly stated herein with all necessary changes.
Exclusive jurisdiction and service of process. The provisions of Section 14.07(b) and (c) (Governing Law; Exclusive Jurisdiction of English Courts; Service of Process) of the Credit Agreement shall apply to this Agreement as if the same were expressly stated herein with all necessary changes. This Agreement has been executed on the date stated at the beginning of this Agreement. Schedule 1 The Lenders BNP Paribas Fortis SA/NV Crédit Agricole Corporate and Investment Bank DNB Bank ASA HSBC France KfW IPEX-Bank GmbH Skandinaviska Enskilda Xxxxxx XX (publ) Société Générale Schedule 2 Conditions precedent to Effective Date
Exclusive jurisdiction and service of process. The provisions of Section 14.07(b) and (c) (Governing Law; Exclusive Jurisdiction of English Courts; Service of Process) of the Credit Agreement shall apply to this Agreement as if the same were expressly stated herein with all necessary changes. This Agreement has been executed on the date stated at the beginning of this Agreement. Schedule 1 The Lenders COMMERZBANK AG, NEW YORK BRANCH (FORMERLY DEUTSCHE SCHIFFSBANK AKTIENGESELLSCHAFT) DNB BANK ASA (FORMERLY DNB NOR BANK ASA) HSBC BANK PLC KFW IPEX-BANK GMBH NORDEA BANK ABP, FILIAL I NORGE (FORMERLY NORDEA BANK NORGE ASA) NORDEA BANK NORGE ASA Schedule 2 Conditions precedent to Effective Date 1 Corporate authorisation In relation to each Obligor:
Exclusive jurisdiction and service of process. Any suit, action or proceeding brought by any party hereto seeking to enforce any provision of, or based on any matter arising out of or in connection with, this Amendment or the transactions contemplated hereby shall be brought in any court located in the County of Wilmington, Delaware, or the United States of America for the District of Delaware. Each party hereto hereby submits to the exclusive jurisdiction of any such court located in the County of Wilmington, Delaware, or the United States of America for the District of Delaware having subject matter jurisdiction in any suit, action or proceeding brought by any other party hereto seeking to enforce any provision of, or based on any matter arising out of or in connection with, this Amendment or the transactions contemplated hereby. Each party hereto hereby irrevocably waives, to the fullest extent permitted by Law, any objection that it may now or hereafter have to the laying of the venue of any such suit, action or proceeding in any such court or that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum. Process in any such suit, action or proceeding may be served on any party hereto anywhere in the world, whether within or without the jurisdiction of any such court. Without limiting the foregoing, each party hereto hereby agrees that service of process on such party in accordance with the provisions of this Section 9 in respect of any such suit, action or proceeding shall be deemed effective service of process on such party.
Exclusive jurisdiction and service of process. The provisions of Section 14.07(b) and (c) (Governing Law; Exclusive Jurisdiction of English Courts; Service of Process) and Section 16 (Bail-In) of the Credit Agreement shall apply to this Agreement as if the same were expressly stated herein with all necessary changes. This Agreement has been executed on the date stated at the beginning of this Agreement. €710,831,000 AMENDED AND RESTATED CREDIT AGREEMENT among NCL CORPORATION LTD., as Parent, SEAHAWK ONE, LTD., as Borrower, VARIOUS LENDERS, KFW IPEX-BANK GMBH, as Facility Agent, Collateral Agent and CIRR Agent, KFW IPEX-BANK GMBH, as Bookrunner, and KFW IPEX-BANK GMBH, as Hermes Agent __________________________________ DATED JULY 14, 2014, AS AMENDED AND RESTATED ON DECEMBER 22, 2015 AND APRIL 20, 2020, AND AS FURTHER AMENDED AND RESTATED BY A THIRD SUPPLEMENTAL AGREEMENT DATED FEBRUARY 18, 2021 __________________________________ KFW IPEX-BANK GMBH as Initial Mandated Lead Arranger TABLE OF CONTENTS Page
Exclusive jurisdiction and service of process. The provisions of Section 14.07(b) and (c) (Governing Law; Exclusive Jurisdiction of English Courts; Service of Process) of the Credit Agreement shall apply to this Agreement as if the same were expressly stated herein with all necessary changes. This Agreement has been executed on the date stated at the beginning of this Agreement. Schedule 1 The Lenders KfW IPEX-Bank GmbH Schedule 2 Conditions precedent to Effective Date 1 Corporate authorisation In relation to each Obligor:
