The Loan Agreement a) Pursuant to Section 9.9 (a) of the Loan Agreement, the Bank hereby assigns all of its rights and obligations under the Loan Agreement to Successor and, on and after the date of this Agreement, Successor (i) expressly assumes, undertakes and agrees to be liable for the performance of each and every covenant and obligation of the Bank, transferor and Servicer, mutatis mutandis, and (ii) shall benefit from all rights granted to Transferor, Servicer and the Holder of the Transferor Certificate, under the Loan Agreement. (b) On and after the date of this Agreement, the Bank shall be relieved of its obligations under the Loan Agreement, other than obligations arising under the Loan Agreement prior to the date of this Agreement.
The Loan Agreement. Stolt Tankers Finance B.V. (the “Borrower”) and the Lender are parties to a USD 225,779,737.18 existing financing, USD 100,000,000 new financing top up term loan and USD 55,000,000 additional advance agreement dated 27 October 2005 and amended by Amendment No. 1 thereto dated 26 June 2006 and Amendment No. 2 thereto dated the date hereof (as so amended and as may be further amended from time to time, the “Loan Agreement”). Pursuant to Amendment No. 2 to the Loan Agreement, among other things, an additional advance in the amount of USD 55,000,000 will be made available by the Lender to the Borrower, Stolt Achievement B.V. will be added as a Continuing Shipowning Company and MS Stolt Achievement will be added as a Continuing Vessel. The Tranches made available to the Borrower under the Loan Agreement have been applied to the financing of the Continuing Vessels owned by each of the Continuing Shipowning Companies.
The Loan Agreement. Agent shall have received, a counterpart to this Agreement signed by or on behalf of each Party hereto or written evidence satisfactory to Agent (which may include electronic transmission of a signed signature page to this Agreement) that such party has signed a counterpart to this Agreement;
The Loan Agreement. All capitalized terms used herein and not otherwise defined shall have the meanings given to such terms in the Loan Agreement. Borrower irrevocably waives the right to direct the application of any and all payments at any time hereafter received by Bank from or on behalf of Borrower and Borrower irrevocably agrees that Bank shall have the continuing exclusive right to apply any and all such payments against the then due and owing obligations of Borrower as Bank may deem advisable. In the absence of a specific determination by Bank with respect thereto, all payments shall be applied in the following order: (a) then due and payable fees and expenses; (b) then due and payable interest payments and mandatory prepayments; and (c) then due and payable principal payments and optional prepayments. Bank is hereby authorized by Borrower to endorse on Bank's books and records each Advance made by Bank under this Note and the amount of each payment or prepayment of principal of each such Advance received by Bank; it being understood, however, that failure to make any such endorsement (or any error in notation) shall not affect the obligations of Borrower with respect to Advances made hereunder, and payments of principal by Borrower shall be credited to Borrower notwithstanding the failure to make a notation (or any errors in notation) thereof on such books and records. The occurrence of any one or more of the following events shall constitute an event of default (individually, an "Event of Default" and collectively, the "Events of Default") under the terms of this Note:
The Loan Agreement. Each of the Intermediate Companies has signed the Loan Agreement and each of Amendment No. 1 and Amendment No. 2 thereto as a Parent Company Guarantor. Each of the Intermediate Companies has made certain representations and warranties and undertakings in favour of the Lender under the Loan Agreement. Each of the Intermediate Companies represents and warrants in favour of the Lender that, to the best of its knowledge, there is no misstatement of information or omission of information which makes any statement contained in the Loan Agreement false or misleading.
The Loan Agreement. Except as amended hereby, the Loan Agreement shall ------------------ continue in full force and effect and shall apply with equal force and effect to the Operating Partnership until termination or expiration in accordance with the terms thereof. [Signatures Appear on Next Page] IN WITNESS WHEREOF, the Trust, the Operating Partnership and FBR have caused this Amendment No. 1 to the Loan Agreement to be executed by their respective duly authorized officer as of the date first written above. CAPITAL AUTOMOTIVE REIT By: -------------------------- Title: ----------------------- CAPITAL AUTOMOTIVE L.P. By: Capital Automotive REIT, as General Partner By: -------------------------- Title: ----------------------- FRIEDMAN, BILLINGS, RAMSEY GROUP, INC. By: -------------------------- Title: -----------------------
The Loan Agreement. In connection with the implementation of a corporate, organisational and financial restructuring of the corporate group comprised of Stolt-Nielsen S.A. and its direct and indirect subsidiaries, the Borrower and the Lender entered into a USD 39,285,714.26 loan agreement (as amended, the “Loan Agreement”) dated 20 May 2003 for the purpose of restructuring the financing of the Vessel M/V Stolt Achievement.