Common use of FIFTHLY Clause in Contracts

FIFTHLY. in retention of an amount equal to any amount not then due under and payable under the Master Agreement but which the Swap Bank, by notice to the Borrower, the Security Parties and the other Creditor Parties, states in its opinion will or may become due and payable in the future and, upon those amounts becoming due and payable, in or towards satisfaction of them in accordance with the foregoing provisions of this Clause; and

Appears in 1 contract

Sources: Loan Agreement (Diana Shipping Inc.)

FIFTHLY. in retention of an amount equal to any amount not then due under and payable under the any Master Agreement but which the relevant Swap Bank, Bank by notice to the Borrower, the Security Parties and the other Creditor Parties, states in its opinion will or may become due and payable in the future and, upon those amounts becoming due and payable, in or towards satisfaction of them in accordance with the foregoing provisions of this Clauseparagraph (d) Clause 17.1 (Normal order of application); and

Appears in 1 contract

Sources: Loan Agreement (Paragon Shipping Inc.)

FIFTHLY. in retention of an amount equal to any amount not then due under and payable under the any Master Agreement but which the relevant Swap Bank, Bank by notice to the Borrower, the Security Parties and the other Creditor Parties, states in its opinion will or may become due and payable in the future and, upon those amounts becoming due and payable, in or towards satisfaction of them in accordance with the foregoing provisions of this ClauseClause 17.1(d); and

Appears in 1 contract

Sources: Loan Agreement (Paragon Shipping Inc.)