Facility Agreement Sample Contracts

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Secoo Holding Ltd – Facility Agreement for Working Capital Loans (Ref No.: CL201511002) (August 25th, 2017)

Pursuant to the terms and conditions of this Agreement (the Agreement), the Financing Bank agrees to make the facility available to the Client(s) as below (the Facility):

Navios Maritime Partners Lp – US$39,000,000 FACILITY AGREEMENT Dated 28 June 2017 for FANTASTIKS SHIPPING CORPORATION SAGITTARIUS SHIPPING CORPORATION CUSTOMIZED DEVELOPMENTS S.A. And AMMOS SHIPPING CORP. As Joint and Several Borrowers Guaranteed by NAVIOS MARITIME PARTNERS L.P. As Guarantor Arranged by DVB BANK SE as Arranger With DVB BANK SE Acting as Facility Agent DVB BANK SE Acting as Security Agent and DVB BANK SE Acting as Account Bank Relating to the Refinancing the Existing Indebtedness Secured Over Refinancing Part of the Acquisition Cost of m.v. NAVIOS PROSPERITY I (August 1st, 2017)
BPIFAE Facility Agreement (July 7th, 2017)

This Agreement (the "Agreement") is dated 5 June 2009 (as amended and restated on 22 August 2013 by the First Global Deed of Amendment and Restatement, amended and restated on 7 August 2015 by the Second Global Amendment and Restatement Agreement and as further amended and restated on 30 June 2017 by the Third Global Amendment and Restatement Agreement) and made

Navigator Holdings Ltd. – Dated 30th June 2017 NAVIGATOR GAS L.L.C. As Borrower BNP PARIBAS DVB BANK AMERICA N.V. ING BANK N.V., LONDON BRANCH NORDEA BANK AB (PUBL), FILIAL I NORGE AND SKANDINAVISKA ENSKILDA BANKEN AB (PUBL) as Mandated Lead Arrangers With NORDEA BANK AB (PUBL), FILIAL I NORGE as Bookrunner NORDEA BANK AB (PUBL), FILIAL I NORGE as Agent NORDEA BANK AB (PUBL), FILIAL I NORGE as Security Agent and the Banks and Financial Institutions Named Herein as Original Lenders and Original Hedging Providers Guaranteed by NAVIGATOR HOLDINGS LTD as Parent FACILITY AGREEMENT for a Term Loan Facility of Up to $100,000, (July 6th, 2017)
Navios South American Logistics Inc. – DATED 17 May 2017 NAVARRA SHIPPING CORPORATION and PELAYO SHIPPING CORPORATION (1) as Borrowers -And- ALPHA BANK A.E. (2) as Lender FACILITY AGREEMENT in Respect of a Loan of Up to USD14,000,000 INCE & CO PIRAEUS (June 1st, 2017)
TDH Holdings, Inc. – Small Enterprise Facility Agreement Postal Savings Bank of China (May 24th, 2017)

In order to safeguard your interests, please carefully read the following terms and conditions and confirm relevant facts before signing this Agreement:

TDH Holdings, Inc. – Small Enterprise Facility Agreement (May 24th, 2017)

In order to safeguard your interests, please carefully read the following terms and conditions and confirm relevant facts before signing this Agreement:

Hunt Mining Corp – Advance Payment Facility Agreement - Apfus1601 (May 22nd, 2017)
Adecoagro S.A. – Export Prepayment Facility Agreement (April 28th, 2017)

EXPORT PREPAYMENT FINANCE AGREEMENT dated as of August 3, 2015 (the "Execution Date") and executed by and among Adecoagro Vale do Ivinhema S.A., a Brazilian corporation with its headquarters at Estrada Continental, km 15, Fazenda Takuare, s/n, Zona Rural, in the city of Angelica, state of Mato Grosso do Sul, Brazil, enrolled with the Brazilian Corporate Taxpayer Registry (CNPJ/MF) under No. 07.903.169/0001-09 (the "Borrower"); Adecoagro Brasil Participacoes S.A., a Brazilian corporation with its headquarters at Rua Iguatemi, 192, 12o andar, in the city of Sao Paulo, state of Sao Paulo, Brazil, enrolled with the Brazilian Corporate Taxpayer Registry (CNPJ/MF) under No. 07.835.579/0001-51 ("Participacoes"); Adeco Agropecuaria Brasil S.A., a Brazilian corporation with its headquarters at Rua Burle Marx, no 603, Quadra 11, Lote 12A, Salas 06 e 07, Jardim Paraiso, in the city of Luis Eduardo Magalhaes, state of Bahia, Brazil, enrolled with the Brazilian Corporate Taxpayer Registry (CN

250,000,000 Term Facility Agreement (April 28th, 2017)
Adecoagro S.A. – Export Prepayment Facility Agreement (April 28th, 2017)

EXPORT PREPAYMENT FINANCE AGREEMENT dated as of November 5, 2014 (the "Execution Date") and executed by and among Adecoagro Vale do Ivinhema S.A., a Brazilian corporation with its headquarters at Estrada Continental, km 15, Fazenda Takuare, s/n, Zona Rural, in the city of Angelica, state of Mato Grosso do Sul, Brazil, enrolled with the Brazilian Corporate Taxpayer Registry (CNPJ/MF) under No. 07.903.169/0001-09 (the "Borrower"); Adecoagro Brasil Participacoes S.A., a Brazilian corporation with its headquarters at Rua Iguatemi, 192, 12o andar, in the city of Sao Paulo, state of Sao Paulo, Brazil, enrolled with the Brazilian Corporate Taxpayer Registry (CNPJ/MF) under No. 07.835.579/0001-51 ("Participacoes"); Usina Monte Alegre Ltda., a Brazilian limited liability company with its headquarters at Fazenda Monte Alegre, s/n, in the city of Monte Belo, state of Minas Gerais, Brazil, enrolled with the Brazilian Corporate Taxpayer Registry (CNPJ/MF) under No. 22.587.687/0001-46 ("Monte Alegre

250,000,000 Term Facility Agreement (April 28th, 2017)
eHi Car Services Ltd – Facility Agreement (April 27th, 2017)

Clause Page 1. Definitions and interpretation 1 2. The Facility 21 3. Purpose 23 4. Conditions of Utilisation 23 5. Utilisation 24 6. Repayment 25 7. Prepayment and cancellation 26 8. Interest 30 9. Interest Periods 31 10. Changes to the calculation of interest 32 11. Fees 34 12. Tax gross up and indemnities 35 13. Increased Costs 39 14. Other indemnities 41 15. Costs and expenses 42 16. Guarantee and indemnity 44 17. Representations 47 18. Information undertakings 54 19. Financial covenants 58 20. General undertakings 59 21. Accounts 73 22. Events of Default 76 23. Security 79 24. Designation of Unrestricted Subsidiaries 80 25. Changes to th

Teekay Lng Partners Lp – BAHRAIN LNG W.L.L. As Company STANDARD CHARTERED BANK as K-Sure Covered Facility Agent STANDARD CHARTERED BANK as Global Facility Agent STANDARD CHARTERED BANK as K-Sure Coordination Bank THE KOREA DEVELOPMENT BANK as K-Sure Covered Facility Syndication Arranger and K-Sure COVERED FACILITY LENDERS K-Sure COVERED FACILITY AGREEMENT (April 26th, 2017)

BAHRAIN LNG W.L.L., a limited liability company incorporated and existing under the laws of Bahrain, having commercial registration number 95522-1 with its principal office at GBCORP Tower, 13th Floor Building No. 1411, Road No. 4626, Block 346 Bahrain Financial Harbour District, P.O. Box 2417, Sea Front, Manama, Bahrain (the "Company");

Teekay Lng Partners Lp – Private & Confidential 1 EU-DOCS\16701635.11 _________December 2016 QATAR NATIONAL BANK SAQ (As Facility Agent, Security Agent and Swap Agent) TEEKAY NAKILAT (III) CORPORATION (As Borrower) and QATAR NATIONAL BANK SAQ (As Original Lender) FACILITY AGREEMENT 99 Bishopsgate London EC2M 3XF United Kingdom Tel: +44.20.7710.1000 www.lw.com 21 (April 26th, 2017)
Euronav NV – Supplemental Letter to the $750,000,000 Facility Agreement Dated 19 August 2015 (April 14th, 2017)
Sibanye Gold Ltd – Revolving Facility Agreement (April 7th, 2017)
Endologix Inc – FACILITY AGREEMENT Dated as of April 3, 2017 by and Among Endologix, Inc., as the Borrower, the Other Loan Parties Party Hereto From Time to Time, the Lenders and Deerfield Private Design Fund IV, L.P., as Agent for Itself and the Lenders (April 5th, 2017)

This FACILITY AGREEMENT (this Agreement), dated as of April 3, 2017, by and among Endologix, Inc., a Delaware corporation (the Borrower), the other Loan Parties (as defined below) party hereto from time to time, the lenders set forth on the signature page of this Agreement (together with their successors and permitted assigns, the Lenders), Deerfield Private Design Fund IV, L.P. (Deerfield Facility Entity), as agent for itself and the Lenders (in such capacity, together with its successors and assigns in such capacity, Agent, and, together with the Lenders, the Borrower and the other Loan Parties party hereto, the Parties).

Navios Maritime Acquisition Corp. – DATED 31 January 2017 AMORGOS SHIPPING CORPORATION and ANDROS SHIPPING CORPORATION (1) ABN AMRO BANK N.V. (2) FACILITY AGREEMENT in Respect of a Loan of Up to USD26,650,000 INCE & CO PIRAEUS (April 5th, 2017)
As Facility Agent Ps230,000,000 Term Facility Agreement (April 3rd, 2017)

any other member state of the European Union or any Participating Member State where such country has long term sovereign credit rating of AA or higher by Standard & Poor's Rating Services or Aa2 or higher from Moody's Investors Service Limited or AA or higher from Fitch Ratings Ltd.

Abengoa Yield Ltd – Note Issuance Facility Agreement (March 29th, 2017)

Atlantica Yield plc, a company incorporated in England and Wales with company number 08818211 (the "Company") and each of the Guarantors (as defined herein), agrees with each of the Purchasers as follows:

Scorpio Tankers Inc – Facility Agreement (March 16th, 2017)

SCORPIO TANKERS INC., a corporation incorporated and existing under the laws of the Republic of The Marshall Islands whose registered office is at Trust Company Complex, Ajeltake Road, Ajeltake Island, Majuro, Marshall Islands as borrower (the "Borrower")

Scorpio Tankers Inc – Facility Agreement (March 16th, 2017)

STI GALATA SHIPPING COMPANY LIMITED, a corporation incorporated in the Republic of the Marshall Islands with registered number 77908 whose registered office is at Trust Company Complex, Ajeltake Road, Ajeltake Island, Majuro, Marshall Islands as a borrower ("Borrower A");

Dryships Inc – Second Amendment to the Facility Agreement (March 13th, 2017)

THIS SECOND AMENDMENT (this "Amendment") to the Facility Agreement (as defined below) is dated as of March 24, 2016 by and between DRYSHIPS INC., a corporation incorporated under the laws of the Republic of the Marshall Islands (the "Borrower"), and SIFNOS SHAREHOLDERS INC., a corporation incorporated under the laws of the Republic of the Marshall Islands (the "Lender"). Capitalized terms herein have the meanings specified in the Secured Revolving Facility Agreement dated as of October 21, 2015, as amended by the First Amendment to the Facility Agreement dated as of November 11, 2015 (as so amended and as may be further amended, restated, supplemented or otherwise modified from time to time, the "Existing Facility Agreement" and as hereby amended, the "Facility Agreement"), by and between the Borrower and the Lender.

Dryships Inc – Secured Revolving Facility Agreement (March 13th, 2017)

THIS SECURED REVOLVING FACILITY AGREEMENT (this "Agreement"), dated as of December 30, 2016 (the "Effective Date"), is made by and among DRYSHIPS INC., a corporation organized under the laws of the Republic of the Marshall Islands (the "Borrower"), certain Subsidiary Guarantors party hereto from time to time and SIFNOS SHAREHOLDERS INC., a corporation organized under the laws of the Republic of the Marshall Islands (the "Lender").

Dryships Inc – Second Amendment and Waiver to Amended and Restated Facility Agreement (March 13th, 2017)

THIS SECOND AMENDMENT TO AMENDED AND RESTATED FACILITY AGREEMENT (this "Amendment") is dated as of October 31, 2016 by and between DRYSHIPS INC., a corporation incorporated under the laws of the Republic of the Marshall Islands (the "Borrower"), and SIFNOS SHAREHOLDERS INC., a corporation incorporated under the laws of the Republic of the Marshall Islands (the "Lender"). Capitalized terms herein have the meanings specified in the Amended and Restated Secured Revolving Facility Agreement dated as of April 5, 2016, as amended by the First Amendment thereto, dated as of September 9, 2016 (as so amended, the "Existing Facility Agreement" and, as hereby amended and as may be further amended, restated, supplemented or otherwise modified from time to time and, the "Facility Agreement"), by and between the Borrower and the Lender.

Dryships Inc – First Amendment and Waiver to Amended and Restated Facility Agreement (March 13th, 2017)

THIS FIRST AMENDMENT TO AMENDED AND RESTATED FACILITY AGREEMENT (this "Amendment") is dated as of September 9, 2016 by and between DRYSHIPS INC., a corporation incorporated under the laws of the Republic of the Marshall Islands (the "Borrower"), and SIFNOS SHAREHOLDERS INC., a corporation incorporated under the laws of the Republic of the Marshall Islands (the "Lender"). Capitalized terms herein have the meanings specified in the Amended and Restated Secured Revolving Facility Agreement dated as of April 5, 2016 (as amended, restated, supplemented or otherwise modified from time to time, the "Existing Facility Agreement" and as hereby amended, the "Facility Agreement"), by and between the Borrower and the Lender.

Vision Global Solutions – AMENDED AND RESTATED CONVERTIBLE NOTE FACILITY AGREEMENT DATED AS OF MARCH 3, 2017 BY AND BETWEEN ECO-STIM ENERGY SOLUTIONS, INC., as the Issuer AND FT SOF VII HOLDINGS, LLC, as the Note Purchaser (March 9th, 2017)

SECTION 1. DEFINITIONS 1 1.1 Certain Defined Terms 1 1.2 Accounting Terms 23 1.3 Other Definitional Provisions 23 SECTION 2. THE NOTES, CLOSING AND DELIVERY 23 2.1 The Notes and Closing 23 2.2 Advances 24 2.3 Use of Proceeds 25 SECTION 3. THE NOTES - MATURITY, INTEREST AND PAYMENTS 25 3.1 Maturity and Principal Payments 25 3.2 Interest 25 3.3 Principal Payments and Prepayments 26 3.4 Application of Payments 28 3.5 General Provisions Regarding Payment 28 3.6 Taxes 28 SECTION 4. CONDITIONS TO EFFECTIVENESS AND THE FINAL ADVANCE 31 4.1 Conditions to the Purchase of the Additional Notes and the Final Advance 31 SECTION 5. REPRESENTATIONS AND WARRANTIES OF THE ISSUER 36 5.1 Ownership and Organization 36 5

AmTrust Corporate Capital Limited AmTrust Corporate Member Limited AmTrust Corporate Member Two Limited ANV Corporate Name Limited as Corporate Members - And - AmTrust International Insurance, Ltd. As Account Party - And - AmTrust Financial Services, Inc. As Guarantor - And - The Banks and Financial Institutions Listed in Schedule 1 of the Amended Facility Agreement as Original Banks - And - ING Bank N.V., London Branch, the Bank of Nova Scotia, London Branch and Bank of Montreal, London Branch as Mandated Lead Arrangers - And - ING Bank N.V., London Branch as Bookrunner, Agent, Issuing Bank a (March 3rd, 2017)

AMTRUST CORPORATE CAPITAL LIMITED, a company incorporated in England under registered number 08128684 whose registered office is at 2 Minster Court, Mincing Lane, London EC3R 7BB ("ACCL");

Shell Midstream Partners, L.P. – Loan Facility Agreement (February 28th, 2017)

Shell Midstream Partners, L.P., a company incorporated under the laws of the State of Delaware in the United States of America with its principal office-at Corporation Trust Company, 1209 Orange Street, Wilmington, Delaware 19801, USA (the "Borrower''); and

FS Investment Corp IV – Committed Facility Agreement (February 15th, 2017)

BNP Paribas prime brokerage INTERNATIONAL, LTD. ("BNPP PB") and the counterparty specified on the signature page hereto ("Customer"), hereby enter into this Committed Facility Agreement (this "Agreement"), dated as of the date specified on the signature page hereto.

November 2016 Amended and Restated Guarantee Facility Agreement (February 14th, 2017)

WHEREAS the Company, the Funding Seller and the Bank (collectively, the Parties) are parties to that certain Second Amended and Restated Guarantee Facility Agreement, dated as of October 30, 2015 (the October 2015 Agreement);

Dht Holdings – Up to USD 50,000,000 SENIOR SECURED REVOLVING LOAN FACILITY AGREEMENT Dated 1 November 2016 (February 2nd, 2017)
TechnipFMC Ltd – US$2,500,000,000 FACILITY AGREEMENT Dated 12 January 2017 for FMC TECHNOLOGIES, INC. And TECHNIP EUROCASH SNC (A Subsidiary of TECHNIP S.A. As of the Date Hereof) And, From and After the Initial Availability Date, TECHNIPFMC PLC With JPMORGAN CHASE BANK, N.A. Acting as Agent SG AMERICAS SECURITIES, LLC Acting as Syndication Agent BANK OF AMERICA, N.A. BNP PARIBAS CREDIT AGRICOLE CIB SUMITOMO MITSUI BANKING CORPORATION EUROPE LIMITED THE BANK OF TOKYO-MITSUBISHI UFJ, LTD. And WELLS FARGO BANK INTERNATIONAL UC Acting as Co-Documentation Agents and JPMORGAN CHASE BANK, N.A. SOCIETE GENERALE BANK (January 17th, 2017)
US$2,500,000,000 FACILITY AGREEMENT Dated 12 January 2017 for FMC TECHNOLOGIES, INC. And TECHNIP EUROCASH SNC (A Subsidiary of TECHNIP S.A. As of the Date Hereof) And, From and After the Initial Availability Date, TECHNIPFMC PLC With JPMORGAN CHASE BANK, N.A. Acting as Agent SG AMERICAS SECURITIES, LLC Acting as Syndication Agent BANK OF AMERICA, N.A. BNP PARIBAS CREDIT AGRICOLE CIB SUMITOMO MITSUI BANKING CORPORATION EUROPE LIMITED THE BANK OF TOKYO-MITSUBISHI UFJ, LTD. And WELLS FARGO BANK INTERNATIONAL UC Acting as Co-Documentation Agents and JPMORGAN CHASE BANK, N.A. SOCIETE GENERALE BANK (January 13th, 2017)