Facility Agreement Sample Contracts

Cempra Inc. – FACILITY AGREEMENT Dated as of January 5, 2018 by and Among Melinta Therapeutics, Inc., as the Borrower, the Other Loan Parties Party Hereto From Time to Time, the Lenders and Cortland Capital Market Services LLC, as Agent for Itself and the Lenders (January 10th, 2018)

FACILITY AGREEMENT (this Agreement), dated as of January 5, 2018, by and among Melinta Therapeutics, 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), Cortland Capital Market Services LLC, a Delaware limited liability company (Cortland), as agent for the Secured Parties (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).

Cempra Inc. – FACILITY AGREEMENT Dated as of January 5, 2018 by and Among Melinta Therapeutics, Inc., as the Borrower, the Other Loan Parties Party Hereto From Time to Time, the Lenders and Cortland Capital Market Services LLC, as Agent for Itself and the Lenders (January 9th, 2018)

FACILITY AGREEMENT (this Agreement), dated as of January 5, 2018, by and among Melinta Therapeutics, 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), Cortland Capital Market Services LLC, a Delaware limited liability company (Cortland), as agent for the Secured Parties (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).

Yatra Online, Inc. – EXECUTION VERSION US$7.8 MILLION FACILITY AGREEMENT AMONG YATRA ONLINE, INC. (As Borrower) ASIA CONSOLIDATED DMC PTE. LTD. (As Guarantor) AND INNOVEN CAPITAL SINGAPORE PTE. LTD. (As Lender) DATED THE 12th DAY OF SEPTEMBER 2017 I RAJAH & TANN FACILITY AGREEMENT THIS AGREEMENT Is Made on the 12th Day of September 2017 AMONG: (1) YATRA ONLINE, INC., an Exempted Company Incorporated in the Cayman Islands (Company Registration Number: MC-159709) With Its Registered Office at PO Box 309, Ugland House, Grand Cayman, KY1-1104 Cayman Island, as the Borrower (The "Borrower"); (2) ASIA CONSOLIDATED DMC P (December 19th, 2017)
Eagle Bulk Shipping Inc – UP TO USD 15,000,000 SUPER SENIOR REVOLVING FACILITY AGREEMENT Dated 8 December 2017 (December 12th, 2017)

EAGLE BULK SHIPCO LLC, a company incorporated in the Marshall Islands with registration no. 963693, having its registered office at Trust Company Complex, Ajeltake Road, Ajeltake Island Majuro, Marshall Islands MH96960 as borrower (the "Company");

TORM plc – VESSELCO 9 PTE. LTD. As Borrower Arranged by THE EXPORT-IMPORT BANK OF CHINA With THE EXPORT-IMPORT BANK OF CHINA as Agent THE EXPORT-IMPORT BANK OF CHINA as Security Agent Guaranteed by TORM a/S and TORM PLC FACILITY AGREEMENT for $115,200,000 Loan Facility (November 24th, 2017)
TORM plc – Term Facility Agreement Us$130,000,000 (November 24th, 2017)
TORM plc – Term Facility Agreement Us$46,725,000 (November 24th, 2017)
TORM plc – Term Facility Agreement Us$46,725,000 (November 15th, 2017)
TORM plc – Term Facility Agreement Us$130,000,000 (November 15th, 2017)
TORM plc – VESSELCO 9 PTE. LTD. As Borrower Arranged by THE EXPORT-IMPORT BANK OF CHINA With THE EXPORT-IMPORT BANK OF CHINA as Agent THE EXPORT-IMPORT BANK OF CHINA as Security Agent Guaranteed by TORM a/S and TORM PLC FACILITY AGREEMENT for $115,200,000 Loan Facility (November 15th, 2017)
Constellium N.V. – April 2017 CONSTELLIUM ISSOIRE and CONSTELLIUM NEUF BRISACH as Borrowers CONSTELLIUM HOLDCO II B.V. As Parent Company FACTOFRANCE as Arranger and Agent THE FINANCIAL INSTITUTIONS LISTED IN SCHEDULE 1 as Original Lenders FACILITY AGREEMENT (October 30th, 2017)

CONSTELLIUM ISSOIRE, a societe par actions simplifiee governed by French law whose registered office is at rue Yves Lamourdedieu ZI les Listes, 63500 Issoire, France, registered with the trade and companies registry of Clermont-Ferrand under number 672 014 081 ; and

NexPoint Capital, Inc. – Committed Facility Agreement (October 23rd, 2017)

BNP PARIBAS PRIME BROKERAGE INTERNATIONAL, LTD. (BNPP PB) and the counterparty specified on the signature page (Customer), hereby enter into this Committed Facility Agreement (this Agreement), dated as of the date specified on the signature page.

TORM plc – Term Facility Agreement Us$46,725,000 (October 13th, 2017)
TORM plc – Term Facility Agreement Us$130,000,000 (September 8th, 2017)
TORM plc – VESSELCO 9 PTE. LTD. As Borrower Arranged by THE EXPORT-IMPORT BANK OF CHINA With THE EXPORT-IMPORT BANK OF CHINA as Agent THE EXPORT-IMPORT BANK OF CHINA as Security Agent Guaranteed by TORM a/S and TORM PLC FACILITY AGREEMENT for $115,200,000 Loan Facility (September 8th, 2017)
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.