Swap Banks. To the extent any Affiliate of a Bank is a party to a Swap Contract with a Co-Borrower and thereby becomes a beneficiary of the Liens pursuant to the Security Documents or any other Loan Document, such Affiliate of a Bank shall be deemed to appoint the Agent its nominee and agent to act for and on behalf of such Affiliate (and the Agent hereby accepts such nomination and agrees to act as agent for such Affiliate) in connection with the Security Documents and such other Loan Documents and to be bound by the terms of this Article IX.
Swap Banks. (a) All payments required to be made to or by any Swap Bank pursuant to the provisions of Section 2.01 hereof or pursuant to any participation purchased or sold under Section 2.01 hereof shall be paid to or by the Bank that is the Affiliate of such Swap Bank. Each such Bank irrevocably and unconditionally agrees to pay such obligations of the Swap Bank that is its Affiliate. Each of the Banks shall also cause its affiliated Swap Bank to comply with all provisions of Section 2.01 hereof.
Swap Banks. A Bank that becomes a Declining Bank shall not be considered a Swap Bank with respect to swap contracts concluded after it has become a Declining Bank. Accordingly, if a Swap Bank should conclude a swap contract with the Borrower after it has become a Declining Bank, the Borrower’s obligations under such swap contract shall not be secured by the Collateral hereunder, and the Declining Bank shall not be entitled to any sharing of amounts pursuant to the Intercreditor Agreement with respect to such swap contracts concluded after it has become a Declining Bank.
Swap Banks. SIGNED by /s/ Georgios Gxxxx, Xxxxx Dallas ) for and on behalf of ) PIRAEUS BANK A.E. ) SIGNED by /s/ Pxx Xxxxx ) for and on behalf of ) HSH NORDBANK A.G. ) Witness to all the ) Above signatures ) Name: Address: APPENDIX I FORM OF AMENDED AND RESTATED LOAN AGREEMENT MARKED TO INDICATE AMENDMENTS TO THE LOAN AGREEMENT Amendments are indicated as follows: 2 deletions are shown by the relevant text being struck out. Date 14 April 2008 as amended and supplemented by a supplemental letter dated 17 April 2008 and as further amended and restated on 18 September 2008 STAR BULK CARRIERS CORP. as Borrower THE BANKS AND FINANCIAL INSTITUTIONS listed in Schedule I as Lenders - and - PIRAEUS BANK A.E. as Agent and as Security Trustee - and - PIRAEUS BANK A.E. and HSH NORDBANK AG as Swap Banks AMENDED AND RESTATED LOAN AGREEMENT relating to a term loan facility of (originally) up to US$170,000,000 of which the current outstandings aggregate US$81,000,000 WXXXXX XXXXXX & WXXXXXXX Piraeus INDEX Clause Page 3 POSITION OF THE LENDERS, THE SWAP BANKS AND THE MAJORITY LENDERS 19 6 INTEREST PERIODS 23 7 DEFAULT INTEREST 24 8 REPAYMENT AND PREPAYMENT 25 9 CONDITIONS PRECEDENT 27 10 REPRESENTATIONS AND WARRANTIES 28 11 GENERAL UNDERTAKINGS 30 12 CORPORATE UNDERTAKINGS 34 13 INSURANCE 36 14 SHIP COVENANTS 41 17 APPLICATION OF RECEIPTS 48 18 APPLICATION OF EARNINGS 49 19 EVENTS OF DEFAULT 49 20 FEES AND EXPENSES 53 22 NO SET-OFF OR TAX DEDUCTION 56 26 TRANSFERS AND CHANGES IN LENDING OFFICES 60 27 VARIATIONS AND WAIVERS 62 28 NOTICES 63 30 LAW AND JURISDICTION 65 SCHEDULE 1 LENDERS AND COMMITMENTS 67 SCHEDULE 2 DETAILS OF INITIAL CHARTERPARTIES 68 SCHEDULE 3 DRAWDOWN NOTICE 69 SCHEDULE 4 CONDITION PRECEDENT DOCUMENTS 70 SCHEDULE 5 TRANSFER CERTIFICATE 74 SCHEDULE 6 FORM OF COMPLIANCE CERTIFICATE 78 SCHEDULE 7 DESIGNATION NOTICE 79 THIS LOAN AGREEMENT is made on 14 April 2008 as amended and supplemented by a supplemental letter dated 17 April 2008 and as further amended and restated by an Amending and Restating Agreement (as defined below) BETWEEN:
Swap Banks. SIGNED by /s/ Gxxxxx Xxxxx, Jxxxx Dallas ) for and on behalf of ) PIRAEUS BANK A.E. ) SIGNED by /s/ Pxx Xxxxx ) for and on behalf of ) HSH NORDBANK AG ) Witness to all the ) Above signatures ) Name: Address:
Swap Banks. EXECUTED AND DELIVERED AS A DEED ) by ABN AMRO BANK N.V. ) acting by ) duly authorised ) such execution being ) witnessed by: ) EXECUTED AND DELIVERED AS A DEED ) by CITIBANK N.A., LONDON BRANCH ) acting by ) duly authorised ) such execution being ) witnessed by: ) EXECUTED AND DELIVERED AS A DEED ) by NORDEA BANK FINLAND PLC ) acting by ) duly authorised ) such execution being ) witnessed by: ) AGENT EXECUTED AND DELIVERED AS A DEED ) by NORDEA BANK FINLAND PLC, ) LONDON BRANCH ) acting by ) duly authorised ) such execution being ) witnessed by: )
Swap Banks. ABN AMRO Bank N.V. Credit Agricole Corporate and Investment Bank CIT Bank, N.A. (as successor by merger to CIT Bank) SCHEDULE 8 GUARANTORS Avocet Shipping LLC Bittern Shipping LLC Canary Shipping LLC Cardinal Shipping LLC Condor Shipping LLC Crane Shipping LLC Crested Eagle Shipping LLC Crowned Eagle Shipping LLC Egret Shipping LLC Falcon Shipping LLC Gannet Shipping LLC Golden Eagle Shipping LLC Goldeneye Shipping LLC Xxxxx Shipping LLC Harrier Shipping LLC Hawk Shipping LLC Ibis Shipping LLC Imperial Eagle Shipping LLC Xxxxxx Shipping LLC Xxx Shipping LLC Kestrel Shipping LLC Kite Shipping LLC Kittiwake Shipping LLC Kingfisher Shipping LLC Xxxxxx Shipping LLC Merlin Shipping LLC Nighthawk Shipping LLC Oriole Shipping LLC Osprey Shipping LLC Owl Shipping LLC Peregrine Shipping LLC Petrel Shipping LLC Puffin Shipping LLC Redwing Shipping LLC Roadrunner Shipping LLC Sandpiper Shipping LLC Shrike Shipping LLC Skua Shipping LLC Sparrow Shipping LLC Stellar Eagle Shipping LLC Tern Shipping LLC Xxxxxxxx Shipping LLC Thrush Shipping LLC Woodstar Shipping LLC Xxxx Shipping LLC
Swap Banks. A Bank that becomes a Declining Bank shall not (nor shall its Affiliates) be considered a Swap Bank with respect to Swap Contracts (which, in the case of master agreements, shall refer to the date of the applicable “confirmation” thereunder) executed after it has become a Declining Bank. Accordingly, if a Swap Bank should execute a Swap Contract with the Borrower after it or its Affiliate has become a Declining Bank, the Borrower’s obligations under such Swap Contract shall not be secured by the Collateral hereunder, and the Declining Bank shall not be entitled to any sharing of amounts pursuant to the Intercreditor Agreement with respect to such Swap Contracts executed after it has become a Declining Bank. For the avoidance of doubt, the Borrower’s then-existing obligations under any Swap Contract entered with such Swap Bank prior to such Swap Bank’s Affiliate becoming a Declining Bank shall remain secured by the Collateral as provided in the Intercreditor Agreement to the extent that such obligations are not subsequently amended, supplemented or otherwise modified.
Swap Banks. SIGNED as a DEED by Barnaxxx Xxxxxxxx ) for and on behalf of ) BANK OF SCOTLAND plc ) (formerly HBOS Treasury Services plc) ) pursuant to a power of attorney ) dated 12 April 2010 ) in the presence of: ) /s/ Barnaxxx Xxxxxxxx Attorney-in-fact /s/ Kathexxxx Xxxxxx Xxtness Name: Kathexxxx Xxxxxx Address: Nortox Xxxx XXX, 0 Xxxx Xxxxxx Xxxxxxxxx, Xxxxxx Occupation: Trainee Solicitor SIGNED as a DEED by Barnaxxx Xxxxxxxx ) for and on behalf of ) NORDEA BANK FINLAND PLC, LONDON ) BRANCH ) pursuant to a power of attorney ) dated 7 April 2010 ) in the presence of: ) /s/ Barnaxxx Xxxxxxxx Attorney-in-fact /s/ Kathexxxx Xxxxxx Xxtness Name: Kathexxxx Xxxxxx Address: Nortox Xxxx XXX, 0 Xxxx Xxxxxx Xxxxxxxxx, Xxxxxx Occupation: Trainee Solicitor SIGNED as a DEED by Barnaxxx Xxxxxxxx ) for and on behalf of ) THE GOVERNOR AND COMPANY ) OF THE BANK OF IRELAND ) pursuant to a power of attorney ) dated 7 April 2010 ) in the presence of: ) /s/ Barnaxxx Xxxxxxxx Attorney-in-fact /s/ Kathexxxx Xxxxxx Xxtness Name: Kathexxxx Xxxxxx Address: Nortox Xxxx XXX, 0 Xxxx Xxxxxx Xxxxxxxxx, Xxxxxx Occupation: Trainee Solicitor SIGNED as a DEED by Barnaxxx Xxxxxxxx ) for and on behalf of ) HSH NORDBANK AG ) pursuant to a power of attorney ) dated 9 April 2010 ) in the presence of: ) /s/ Barnaxxx Xxxxxxxx Attorney-in-fact /s/ Kathexxxx Xxxxxx Xxtness Name: Kathexxxx Xxxxxx Address: Nortox Xxxx XXX, 0 Xxxx Xxxxxx Xxxxxxxxx, Xxxxxx Occupation: Trainee Solicitor SIGNED as a DEED by Barnaxxx Xxxxxxxx ) for and on behalf of ) SMBC CAPITAL MARKETS, INC. ) pursuant to a power of attorney ) dated 13 April 2010 ) in the presence of: ) /s/ Barnaxxx Xxxxxxxx Attorney-in-fact /s/ Kathexxxx Xxxxxx Xxtness Name: Kathexxxx Xxxxxx Address: Nortox Xxxx XXX, 0 Xxxx Xxxxxx Xxxxxxxxx, Xxxxxx Occupation: Trainee Solicitor Co-Arrangers SIGNED as a DEED by Barnaxxx Xxxxxxxx ) for and on behalf of ) THE GOVERNOR AND COMPANY ) OF THE BANK OF IRELAND ) pursuant to a power of attorney ) dated 7 April 2010 ) in the presence of: ) /s/ Barnaxxx Xxxxxxxx Attorney-in-fact /s/ Kathexxxx Xxxxxx Xxtness Name: Kathexxxx Xxxxxx Address: Nortox Xxxx XXX, 0 Xxxx Xxxxxx Xxxxxxxxx, Xxxxxx Occupation: Trainee Solicitor SIGNED as a DEED by Barnaxxx Xxxxxxxx ) for and on behalf of ) HSH NORDBANK AG ) pursuant to a power of attorney ) dated 9 April 2010 ) in the presence of: ) /s/ Barnaxxx Xxxxxxxx Attorney-in-fact /s/ Kathexxxx Xxxxxx Xxtness Name: Kathexxxx Xxxxxx Address: Nortox Xxxx XXX, 0 Xxxx Xxxxxx Xxxxxxxxx, Xxxxxx Occupat...
Swap Banks. SIGNED by ) for and on behalf of ) FORTIS BANK (NEDERLAND) N.V. ) /s/ Fortis Bank (Nederland) N.V. as Swap Bank ) SIGNED by ) for and on behalf of ) LLOYDS TSB BANK PLC ) /s/ Lloyds TSB Bank PLC as Swap Bank ) SIGNED by ) for and on behalf of ) NATIONAL BANK OF GREECE S.A. ) /s/ National Bank of Greece S.A. as Swap Bank )
