Common use of Security shortfall Clause in Contracts

Security shortfall. If at any time the Security Value shall be less than the Security Requirement, the Bank may give notice to the Borrower requiring that such deficiency be remedied and then the Borrower shall either: (a) prepay within a period of thirty (30) days of the date of receipt by the Borrower of the Bank's said notice such sum in Dollars as will result in the Security Requirement after such prepayment (taking into account any other repayment of the Loan made between the date of the notice and the date of such prepayment) being equal to the Security Value; or (b) within thirty (30) days of the date of receipt by the Borrower of the Bank's said notice constitute to the satisfaction of the Bank such further security for the Loan as shall be acceptable to the Bank having a value for security purposes (as determined by the Bank in its absolute discretion) at the date upon which such further security shall be constituted which, when added to the Security Value, shall not be less than the Security Requirement as at such date. Clause 4.6 shall apply to prepayments under clause 8.2.1(a).

Appears in 1 contract

Sources: Facilities Agreement (Top Tankers Inc.)

Security shortfall. If at any time the Security Value shall be less than the Security Requirement, the Bank may give notice to the Borrower Borrowers requiring that such deficiency be remedied and then the Borrower Borrowers shall either: (a) prepay within a period of thirty (30) days of the date of receipt by the Borrower Borrowers of the Bank's ’s said notice such sum in Dollars as will result in the Security Requirement after such prepayment (taking into account any other repayment of the Loan made between the date of the notice and the date of such prepayment) being equal to the Security Value; or (b) within thirty (30) days of the date of receipt by the Borrower Borrowers of the Bank's ’s said notice constitute to the satisfaction of the Bank such further security for the Loan as shall be acceptable to the Bank having a value for security purposes (as determined by the Bank in its absolute discretion) at the date upon which such further security shall be constituted which, when added to the Security Value, shall not be less than the Security Requirement as at such date. Clause 4.6 4.5 shall apply to prepayments under clause 8.2.1(a).

Appears in 1 contract

Sources: Loan Agreement (Top Tankers Inc.)

Security shortfall. If at any time throughout the Facility Period the Security Value shall be less than the Required Security RequirementAmount, the Bank may Lender shall give notice to the Borrower Borrowers requiring that such deficiency be remedied and then the Borrower shall Borrowers must within 30 days of receipt of the Lender’s said notice, either: (a) i. prepay within a period of thirty (30) days such part of the date of receipt by the Borrower of the Bank's said notice such sum in Dollars Loan as will result in the Security Requirement Value after such prepayment (taking into account any other repayment of the Loan made between the date of the notice and the date of such prepayment) being equal to or higher than the Required Security ValueAmount; or (b) within thirty (30) days of the date of receipt by the Borrower of the Bank's said notice ii. constitute to the satisfaction of the Bank Lender such further security for the Loan as shall be acceptable to the Bank Lender having a value for security purposes (as determined by the Bank Lender in its absolute discretionaccordance with clause 8.2.5) at the date upon which such further security shall be constituted which, when added to the Security Value, shall not be less than the Required Security Requirement Amount as at such date. Clause 4.6 . (a) provided that the Lender shall apply such prepayments pro rata against the Repayment Instalments which are at that time outstanding (including the Balloon Instalment) and the amount of the Loan prepaid hereunder shall not be available to prepayments under clause 8.2.1(a)be re-borrowed.

Appears in 1 contract

Sources: Facility Agreement (Euroseas Ltd.)

Security shortfall. If at any time throughout the Facility Period the Security Value shall be less than the Required Security RequirementAmount, the Bank may Lender shall give notice to the Borrower Borrowers requiring that such deficiency be remedied and then the Borrower shall must within thirty (30) days of receipt of the Lender’s said notice, either: (a) prepay within a period of thirty (30) days such part of the date of receipt by the Borrower of the Bank's said notice such sum in Dollars Loan as will result in the Security Requirement Value after such prepayment (taking into account any other repayment of the Loan made between the date of the notice and the date of such prepayment) being equal to or higher than the Required Security ValueAmount; or (b) within thirty (30) days of the date of receipt by the Borrower of the Bank's said notice constitute to the satisfaction of the Bank Lender such further security for the Loan as shall be acceptable to the Bank Lender having a value for security purposes (as determined by the Bank Lender in its absolute discretionaccordance with clause 8.2.5) at the date upon which such further security shall be constituted which, when added to the Security Value, shall not be less than the Required Security Requirement Amount as at such date. Clause 4.6 . (a) provided that the Lender shall apply such prepayments pro rata against the Repayment Instalments of the Advances which are at that time outstanding (including the Balloon Instalments) and the amount of the Loan prepaid hereunder shall not be available to prepayments under clause 8.2.1(a)be re-borrowed.

Appears in 1 contract

Sources: Facility Agreement (EuroDry Ltd.)

Security shortfall. If at any time throughout the Facility Period the Security Value shall be less than the Required Security RequirementAmount, the Bank may Lender shall give notice to the Borrower requiring that such deficiency be remedied and then the Borrower shall must within 30 days of receipt of the Lender’s said notice, either: (a) prepay within a period of thirty (30) days such part of the date of receipt by the Borrower of the Bank's said notice such sum in Dollars Loan as will result in the Security Requirement Value after such prepayment (taking into account any other repayment of the Loan made between the date of the notice and the date of such prepayment) being equal to or higher than the Required Security ValueAmount; or (b) within thirty (30) days of the date of receipt by the Borrower of the Bank's said notice constitute to the satisfaction of the Bank Lender such further security for the Loan as shall be acceptable to the Bank Lender having a value for security purposes (as determined by the Bank Lender in its absolute discretionaccordance with clause 8.2.5) at the date upon which such further security shall be constituted which, when added to the Security Value, shall not be less than the Required Security Requirement Amount as at such date. Clause 4.6 . (a) provided that the Lender shall apply such prepayments pro rata against the Repayment Instalments which are at that time outstanding (including the Balloon Instalment) and the amount of the Loan prepaid hereunder shall not be available to prepayments under clause 8.2.1(a)be re-borrowed.

Appears in 1 contract

Sources: Facility Agreement (Euroseas Ltd.)

Security shortfall. If at any time throughout the Facility Period the Security Value shall be less than the Required Security RequirementAmount, the Bank may Lender shall give notice to the Borrower requiring that such deficiency be remedied and then the Borrower shall must within 30 days of receipt of the Lender’s said notice, either: : (a) prepay within a period of thirty (30) days such part of the date of receipt by the Borrower of the Bank's said notice such sum in Dollars Loan as will result in the Security Requirement Value after such prepayment (taking into account any other repayment of the Loan made between the date of the notice and the date of such prepayment) being equal to or higher than the Required Security ValueAmount; or or (b) within thirty (30) days of the date of receipt by the Borrower of the Bank's said notice constitute to the satisfaction of the Bank Lender such further security for the Loan as shall be acceptable to the Bank Lender having a value for security purposes (as determined by the Bank Lender in its absolute discretionaccordance with clause 8.2.5) at the date upon which such further security shall be constituted which, when added to the Security Value, shall not be less than the Required Security Requirement Amount as at such date. Clause 4.6 . (a) provided that the Lender shall apply such prepayments pro rata against the Loan and the amount of the Loan prepaid hereunder shall not be available to prepayments under clause 8.2.1(a)be re-borrowed.

Appears in 1 contract

Sources: Facility Agreement (Euroseas Ltd.)