Common use of SALE DIVESTS TITLE Clause in Contracts

SALE DIVESTS TITLE. Any sale of the Vessel made in pursuance of this Mortgage, whether under the power of sale hereby granted or any judicial proceedings, shall operate to divest all right, title and interest of any nature whatsoever of the Shipowner therein and thereto, and shall bar the Shipowner, its successors and assigns, and all persons claiming by, through or under them. No purchaser shall be bound to inquire whether notice has been given, or whether any default has occurred, or as to the propriety of the sale, or as to the application of the proceeds thereof. In case of any such sale, the Mortgagee, if it is the purchaser, shall be entitled for the purpose of making settlement or payment for the property purchased to use and apply the Indebtedness hereby secured in order that there may be credited against the amount remaining due and unpaid thereon the sums payable out of the net proceeds of such sale to the Mortgagee after allowing for the costs and expense of sale and other charges; and thereupon such purchaser shall be credited, on account of such purchase price, with the net proceeds that shall have been so credited upon the Indebtedness hereby secured. At any such judicial sale, the Mortgagee may bid for and purchase such property, may credit against payment of the purchase price thereof all sums due under the Notes or the Working Capital Guarantee and upon compliance with the terms of sale may hold, retain and dispose of such property without further accountability therefor.

Appears in 2 contracts

Samples: Collateral Agency Agreement (Millenium Seacarriers Inc), Collateral Agency Agreement (Millenium Seacarriers Inc)

AutoNDA by SimpleDocs

SALE DIVESTS TITLE. Any sale of the Vessel Ship made in pursuance of this MortgageDeed, whether under the power of sale hereby granted or any judicial proceedings, shall operate to divest all right, title and interest of any nature whatsoever of the Shipowner therein and thereto, and shall bar the Shipowner, its successors and assigns, and all persons claiming by, through or under them. No purchaser shall be bound to inquire whether notice has been given, or whether any default has occurred, or as to the propriety of the sale, or as to the application of the proceeds thereof. In case of any such sale, the Mortgagee, if it is the purchaser, shall be entitled for the purpose of making settlement or payment for the property purchased to use and apply the Indebtedness hereby secured in order that there may be credited against the amount remaining due and unpaid thereon the sums payable out of the net proceeds of such sale to the Mortgagee after allowing for the costs and expense of sale and other charges; and thereupon such purchaser shall be credited, on account of such purchase price, with the net proceeds that shall have been so credited upon the Indebtedness hereby secured. At any such judicial sale, the Mortgagee may bid for and purchase such property, may credit against payment of the purchase price thereof all sums due under the Notes or the Working Capital Guarantee and upon compliance with the terms of sale may hold, retain and dispose of such property without further accountability therefor.

Appears in 2 contracts

Samples: Millenium Seacarriers Inc, Millenium Seacarriers Inc

SALE DIVESTS TITLE. Any sale of the Vessel Vessels or any of them made in pursuance of this MortgageDeed and/or the Mortgages, whether under the power of sale hereby granted or any judicial proceedings, shall operate to divest all right, title and interest of any nature whatsoever of the Shipowner therein and thereto, and shall bar the Shipowner, its successors and assigns, and all persons claiming by, through or under them. No purchaser shall be bound to inquire whether notice has been given, or whether any default has occurred, or as to the propriety of the sale, or as to the application of the proceeds thereof. In case of any such sale, the Mortgagee, if it is the purchaser, shall be entitled for the purpose of making settlement or payment for the property purchased to use and apply the Indebtedness hereby secured in order that there may be credited against the amount remaining due and unpaid thereon the sums payable out of the net proceeds of such sale to the Mortgagee after allowing for the costs and expense of sale and other charges; and thereupon such purchaser shall be credited, on account of such purchase price, with the net proceeds that shall have been so credited upon the Indebtedness hereby secured. At any such judicial sale, the Mortgagee may bid for and purchase such property, may credit against payment of the purchase price thereof all sums due under the Notes amount of the Secured Obligations (or the Working Capital Guarantee any portion thereof) and upon compliance with the terms of sale may hold, retain and dispose of such property without further accountability therefortherefore to the extent permitted by applicable law.

Appears in 1 contract

Samples: Collateral Agency Agreement (Offshore Logistics INC)

AutoNDA by SimpleDocs

SALE DIVESTS TITLE. Any sale of the Vessel Ship made in pursuance of this MortgageDeed, whether under the power of sale hereby granted or any judicial proceedings, shall operate to divest all right, title and interest of any nature whatsoever of the Shipowner therein and thereto, and shall bar the Shipowner, its successors and assigns, and all persons claiming by, through or under them. No purchaser shall be bound to inquire whether notice has been given, or whether any default has occurred, or as to the propriety of the sale, or as to the application of the proceeds thereof. In case of any such sale, the Mortgagee, if it is the purchaser, shall be entitled for the purpose of making settlement or payment for the property purchased to use and apply the Indebtedness hereby secured in order that there may be credited against the amount remaining due and unpaid thereon the sums payable out of the net proceeds of such sale to the Mortgagee after allowing for the costs and expense of sale and other charges; and thereupon such purchaser shall be credited, on account of such purchase price, with the net proceeds that shall have been so credited upon the Indebtedness hereby secured. At any such judicial sale, the Mortgagee may bid for and purchase such propertyproperty , may credit against payment of the purchase price thereof all sums due under the Notes or the Working Capital Guarantee and upon compliance with the terms of sale may hold, retain and dispose of such property without further accountability therefor.

Appears in 1 contract

Samples: Collateral Agency Agreement (Millenium Seacarriers Inc)

Time is Money Join Law Insider Premium to draft better contracts faster.