Fixed Charge. 3.1 The Owners, with full title guarantee, hereby charge and agree to charge and release and agree to release to the Lender, as a continuing security for payment of the Outstanding Indebtedness, by way of first fixed charge, the Secured Property. 3.2 Upon the occurrence of an Event of Default the charge shall become enforceable and the Lender shall be entitled then or at any later time or times to appropriate all or any part of the Secured Property in or towards discharge of the then Outstanding Indebtedness or any part thereof, and may do so notwithstanding that any maturity date attached to any part or parts of the Secured Property may not yet have arrived. 3.3 A certificate signed by a director or other senior officer of the Lender and which states that on a specified date and (if the certificate also states this) at a specified time the Lender exercised its rights under this clause to appropriate a specified amount of Secured Property in the discharge of a specified amount of the Outstanding Indebtedness shall be conclusive evidence that: 3.3.1 the Lender's liabilities in respect of the specified amount of Secured Property; and 3.3.2 the specified amount of the Outstanding Indebtedness, were extinguished and discharged on the specified date and, if so stated, at the specified time.
Appears in 1 contract
Sources: Loan Agreement (Aegean Marine Petroleum Network Inc.)
Fixed Charge. 3.1 The Owners, Owner with full title guarantee, hereby charge charges and agree agrees to charge and release releases and agree agrees to release to the Lender, Bank as a continuing security for payment of the Outstanding Indebtedness, by way of first fixed charge, the Secured Property.
3.2 Upon the occurrence of an Event of a Default the charge shall become enforceable and the Lender Bank shall be entitled then or at any later time or times to appropriate all or any part of the Secured Property in or towards discharge of the then Outstanding Indebtedness or any part thereof, and may do so notwithstanding that any maturity date attached to any part or parts of the Secured Property may not yet have arrived.
3.3 A certificate signed by a director or other senior officer of the Lender Bank and which states that on a specified date and (if the certificate also states this) at a specified time the Lender Bank exercised its rights under this clause to appropriate a specified amount of Secured Property in the discharge of a specified amount of the Outstanding Indebtedness shall be conclusive evidence that:
3.3.1 the Lender's Bank’s liabilities in respect of the specified amount of Secured Property; and
3.3.2 the specified amount of the Outstanding Indebtedness, were extinguished and discharged on the specified date and, if so stated, at the specified time.
Appears in 1 contract
Sources: Loan Agreement (Safe Bulkers, Inc.)
Fixed Charge. 3.1 The Owners, Borrower with full title guarantee, hereby charge charges and agree agrees to charge and release releases and agree agrees to release to the Lender, Bank as a continuing security for payment of the Outstanding Indebtedness, by way of first fixed charge, the Secured Property.
3.2 Upon the occurrence of an Event of a Default the charge shall become enforceable and the Lender Bank shall be entitled then or at any later time or times to appropriate all or any part of the Secured Property in or towards discharge of the then Outstanding Indebtedness or any part thereof, and may do so notwithstanding that any maturity date attached to any part or parts of the Secured Property may not yet have arrived.
3.3 A certificate signed by a director or other senior officer of the Lender Bank and which states that on a specified date and (if the certificate also states this) at a specified time the Lender Bank exercised its rights under this clause to appropriate a specified amount of Secured Property in the discharge of a specified amount of the Outstanding Indebtedness shall be conclusive evidence that:
3.3.1 the Lender's Bank’s liabilities in respect of the specified amount of Secured Property; and
3.3.2 the specified amount of the Outstanding Indebtedness, Indebtedness were extinguished and discharged on the specified date and, if so stated, at the specified time.
Appears in 1 contract
Sources: Loan Agreement (Safe Bulkers, Inc.)
Fixed Charge. 3.1 The Owners, Borrower with full title guarantee, guarantee hereby charge charges and agree agrees to charge and release releases and agree agrees to release to the Lender, Bank as a continuing security for payment of the Outstanding Indebtedness, Indebtedness by way of first fixed charge, charge the Secured Property.
3.2 Upon the occurrence of an Event of Default the charge shall become enforceable and the Lender Bank shall be entitled then or at any later time or times to appropriate all or any part of the Secured Property in or towards discharge of the then Outstanding Indebtedness or any part thereof, and may do so notwithstanding that any maturity date attached to any part or parts of the Secured Property may not yet have arrived.
3.3 A certificate signed by a director or other senior officer of the Lender Bank and which states that on a specified date and (if the certificate also states this) at a specified time the Lender Bank exercised its rights under this clause to appropriate a specified amount of Secured Property in the discharge of a specified amount of the Outstanding Indebtedness shall be conclusive evidence that:
3.3.1 the Lender's Bank’s liabilities in respect of the specified amount of Secured Property; and
3.3.2 the specified amount of the Outstanding Indebtedness, were extinguished and discharged on the specified date and, if so stated, at the specified time.
Appears in 1 contract
Fixed Charge. 3.1 The Owners, Owner with full title guarantee, hereby charge charges and agree agrees to charge and release releases and agree agrees to release release. to the Lender, Bank as a continuing security for payment of the Outstanding Indebtedness, by way of first fixed charge, the Secured Property.
3.2 Upon the occurrence of an Event of a Default the charge shall become enforceable and the Lender Bank shall be entitled then or at any later time or times to appropriate all or any part of the Secured Property in or towards discharge of the then Outstanding Indebtedness or any part thereof, and may do so notwithstanding that any maturity date attached to any part or parts of the Secured Property may not yet have arrived.
3.3 A certificate signed by a director or other senior officer of the Lender Bank and which states that on a specified date and (if the certificate also states this) at a specified time the Lender Bank exercised its rights under this clause to appropriate a specified amount of Secured Property in the discharge of a specified amount of the Outstanding Indebtedness shall be conclusive evidence that:
3.3.1 the Lender's Bank’s liabilities in respect of the specified amount of Secured Property; and
3.3.2 the specified amount of the Outstanding Indebtedness, were extinguished and discharged on the specified date and, if so stated, at the specified time.
Appears in 1 contract
Sources: Loan Agreement (Safe Bulkers, Inc.)
Fixed Charge. 3.1 The Owners, Owner with full title guarantee, hereby charge charges and agree agrees to charge and release releases and agree agrees to release to the Lender, Lender as a continuing security for payment of the Outstanding Indebtedness, by way of first fixed charge, the Secured Property.
3.2 Upon the occurrence of an Event of a Default the charge shall become enforceable and the Lender shall be entitled then or at any later time or times to appropriate all or any part of the Secured Property in or towards discharge of the then Outstanding Indebtedness or any part thereof, and may do so notwithstanding that any maturity date attached to any part or parts of the Secured Property may not yet have arrived.
3.3 A certificate signed by a director or other senior officer of the Lender and which states that on a specified date and (if the certificate also states this) at a specified time the Lender exercised its rights under this clause to appropriate a specified amount of Secured Property in the discharge of a specified amount of the Outstanding Indebtedness shall be conclusive evidence that:
3.3.1 the Lender's ’s liabilities in respect of the specified amount of Secured Property; and
3.3.2 the specified amount of the Outstanding Indebtedness, were extinguished and discharged on the specified date and, if so stated, at the specified time.
Appears in 1 contract
Sources: Loan Agreement (Safe Bulkers, Inc.)
Fixed Charge. 3.1 The Owners, Owner with full title guarantee, hereby charge charges and agree agrees to charge and release releases and agree agrees to release to the Lender, Bank as a continuing security for payment of the Outstanding Indebtedness, by way of first fixed charge, the Secured Property.
3.2 Upon the occurrence of an Event of a Default the charge shall become enforceable and the Lender Bank shall be entitled then or at any later time or times to appropriate all or any part of the Secured Property in or towards discharge of the then Outstanding Indebtedness or any part thereof, and may do so notwithstanding that any maturity date attached to any part or parts of the Secured Property may not yet have arrived.
3.3 A certificate signed by a director or other senior officer of the Lender Bank and which states that on a specified date and (if the certificate also states this) at a specified time the Lender Bank exercised its rights under this clause to appropriate a specified amount of Secured Property in the discharge of a specified amount of the Outstanding Indebtedness shall be conclusive evidence that:
3.3.1 3 3.1 the LenderBank's liabilities in respect of the specified amount of Secured Property; and
3.3.2 3 3.2 the specified amount of the Outstanding Indebtedness, were extinguished and discharged on the specified date and, if so stated, at the specified time.
Appears in 1 contract
Sources: Loan Agreement (Safe Bulkers, Inc.)