Common use of COMING INTO FORCE Clause in Contracts

COMING INTO FORCE. This Agreement shall come into force on the date of its signature but the rights and obligations of the Borrower hereunder may be terminated by written notice from the Borrower to the Agent, such notice to be received not later than sixty (60) days prior to the Intended Delivery Date. Following service of such notice (which shall be irrevocable), the Borrower shall have no further right to draw down the Loan and the Borrower shall have no further obligations under this Agreement save in respect of fees, costs and expenses incurred under or in respect of this Agreement on or before the date on which the notice becomes effective or as a result of the service of the notice. Service by the Borrower of the written notice in accordance with the preceding paragraph shall constitute a condition subsequent to this Agreement. Made in five (5) originals on the date before written. F3 ONE, LTD. BNP PARIBAS by: by: its: its: 70 XXXXXX XXXX XXXXXX by: by: its: its: SOCIETE GENERALE by: its: APPENDIX I DOCUMENTS TO BE PRODUCED BY THE BUILDER TO BNP PARIBAS AS AGENT Certified Copy of the commercial invoice, duly executed by the Builder in favour of the Borrower and countersigned by the Borrower. Certified Copy of the Protocol of Delivery and Acceptance, duly executed by the Builder and the Borrower. Certified Copy of the declaration of warranty, duly executed by the Builder confirming that the Vessel is delivered to the Borrower free and clear of all encumbrances whatsoever. Certified Copy of the commercial invoice(s) corresponding to the Change Orders or any other similar document issued by the Builder stating the Change Order Amount, duly executed by the Builder in favour of the Borrower and countersigned by the Borrower. Acknowledgement of the notice of assignment of the Borrower’s rights under the post-delivery warranty given by the Builder under the Building Contract pursuant to the Assignment of Warranty Rights. Certified Copy of the power of attorney pursuant to which the authorised signatory of the Builder signed the documents referred to in this Appendix I and a specimen of his signature. APPENDIX II THE ORIGINAL LENDERS AND THE MANDATED LEAD ARRANGERS Registered Number with the Registry of Trade and Name Registered Address Companies BNP PARIBAS 16 boulevard des 662 042 449 (RCS Pxxxx) Xxxxxxxx, 00000 Xxxxx, Xxxxxx CALYON 9 quai du Président 304 187 701 (RCS Nanterre) Pxxx Xxxxxx, 90000 Xxxxx Xx Xxxxxxx Xxxxx, Xxxxxx HSBC FRANCE 100 xxxxxx xxx Xxxxxx 775 670 284 (RCS Paris) Elysées, 75419 Pxxxx, Xxxxx 00, Xxxxxx SOCIETE GENERALE 29 boulevard 552 120 222 (RCS Paris) Haussmann, 70000 Xxxxx, Xxxxxx each a French société anonyme 77 APPENDIX III FORM OF TRANSFER CERTIFICATE To: [ ] as Agent From: [The Existing Lender] (the “Existing Lender”) and [The New Lender] (the “New Lender”) Dated: F3 One, Ltd. — EUR662,905,320 Loan Agreement Dated 22 September 2006 (the "Agreement")

Appears in 1 contract

Samples: Loan Agreement (NCL CORP Ltd.)

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COMING INTO FORCE. This Agreement shall come into force on the date of its signature but the rights and obligations of the Borrower hereunder may be terminated by written notice from the Borrower to the Agent, such notice to be received not later than sixty (60) days prior to the Intended Delivery Date. Following service of such notice (which shall be irrevocable), the Borrower shall have no further right to draw down the Loan and the Borrower shall have no further obligations under this Agreement save in respect of fees, costs and expenses incurred under or in respect of this Agreement on or before the date on which the notice becomes effective or as a result of the service of the notice. Service by the Borrower of the written notice in accordance with the preceding paragraph shall constitute a condition subsequent to this Agreement. Made in five (5) originals on the date before written. F3 ONETWO, LTD. BNP PARIBAS by: by: its: its: 70 XXXXXX XXXX XXXXXX CALYON HSBC FRANCE by: by: its: its: SOCIETE GENERALE by: its: APPENDIX I DOCUMENTS TO BE PRODUCED BY THE BUILDER TO BNP PARIBAS AS AGENT Certified Copy of the commercial invoice, duly executed by the Builder in favour of the Borrower and countersigned by the Borrower. Certified Copy of the Protocol of Delivery and Acceptance, duly executed by the Builder and the Borrower. Certified Copy of the declaration of warranty, duly executed by the Builder confirming that the Vessel is delivered to the Borrower free and clear of all encumbrances whatsoever. Certified Copy of the commercial invoice(s) corresponding to the Change Orders or any other similar document issued by the Builder stating the Change Order Amount, duly executed by the Builder in favour of the Borrower and countersigned by the Borrower. Acknowledgement of the notice of assignment of the Borrower’s rights under the post-delivery warranty given by the Builder under the Building Contract pursuant to the Assignment of Warranty Rights. Certified Copy of the power of attorney pursuant to which the authorised signatory of the Builder signed the documents referred to in this Appendix I and a specimen of his signature. APPENDIX II THE ORIGINAL LENDERS AND THE MANDATED LEAD ARRANGERS Registered Number with the Registry of Trade and Name Registered Address Companies BNP PARIBAS 16 boulevard des 662 042 449 (RCS Pxxxx) Xxxxxxxx, 00000 Xxxxx, Xxxxxx CALYON 9 quai du Président 304 187 701 (RCS Nanterre) Pxxx Xxxxxx, 90000 Xxxxx Xx Xxxxxxx Xxxxx, Xxxxxx HSBC FRANCE 100 xxxxxx xxx Xxxxxx 775 670 284 (RCS Paris) Elysées, 75419 Pxxxx, Xxxxx 00, Xxxxxx SOCIETE GENERALE 29 boulevard 552 120 222 (RCS Paris) Haussmann, 70000 Xxxxx, Xxxxxx each a French société anonyme 77 APPENDIX III FORM OF TRANSFER CERTIFICATE To: [ ] as Agent From: [The Existing Lender] (the “Existing Lender”) and [The New Lender] (the “New Lender”) Dated: F3 One, Ltd. — EUR662,905,320 Loan Agreement Dated 22 September 2006 (the "Agreement").

Appears in 1 contract

Samples: Loan Agreement (NCL CORP Ltd.)

COMING INTO FORCE. This Agreement shall come into force on the date of its signature but the rights and obligations of the Borrower hereunder may be terminated by written notice from the Borrower to SOCIETE GENERALE, acting on behalf of the AgentLenders, such notice to be received not later than sixty (60) days prior to the Intended Delivery Date, i.e. February 26, 2002. Following service of such notice (which shall be irrevocable), the Borrower shall have no further right to draw down make a drawing under the Loan and Credit, the Borrower shall have no further obligations under this Agreement save Agreement, and the payment mandate given by the Borrower to the Lenders as provided in respect the second paragraph of fees, costs and expenses incurred under or in respect of this Agreement on or before the date on which the notice becomes effective or as a result of the service of the noticeArticle IV shall cease to have any effect. Service by the Borrower of the written notice in accordance with the preceding paragraph shall constitute a condition subsequent (CONDITION RESOLUTOIRE) to this Agreement. Made in five three (53) originals on the date before writtenDecember 18, 2001 CONSTELLATION INC. F3 ONE, LTD. BNP PARIBAS byBY: by/s/ BONNIE BIUMI ITS: its: its: 70 XXXXXX XXXX XXXXXX by: by: its: its: VP Treasurer SOCIETE GENERALE byBY: its/s/ I. SENECA XXX: APPENDIX I Xxxxxxle SENECA - Director Export Finance CREDIT AGRICOLE INDOSUEZ BY: /s/ [illegible] ITS: G. O. Bygodt [illegible] BY: /s/ [illegible] ITS: Jerome Leblond Manager DOCUMENTS TO BE PRODUCED BY THE BUILDER SUPPLIER TO BNP PARIBAS AS AGENT Certified SOCIETE GENERALE Copy of the commercial invoiceCommercial Invoice, duly executed by the Builder Supplier in favour favor of the Borrower and countersigned by the Borrower. Certified Copy of the Protocol of Delivery and Acceptance, Acceptance duly executed by the Builder Supplier and the Borrower. Certified Copy of the declaration of warranty, duly executed by the Builder confirming that the Vessel is delivered to the Borrower free and clear of all encumbrances whatsoever. Certified Copy of the commercial invoice(s) corresponding to the Change Orders or any other similar document issued by the Builder Supplier stating the Change Order Amount, duly executed by the Builder in favour of the Borrower and countersigned by the BorrowerOrders amount. Acknowledgement of the notice of assignment of the Borrower’s rights under the post-delivery warranty given by the Builder under the Building Contract pursuant to the Assignment of Warranty Rights. Certified Copy of the power of attorney pursuant to which the authorised signatory of the Builder signed the documents referred to in this Appendix I and a specimen of his signature. APPENDIX II THE ORIGINAL LENDERS AND THE MANDATED LEAD ARRANGERS Registered Number with the Registry of Trade and Name Registered Address Companies BNP PARIBAS 16 boulevard des 662 042 449 (RCS Pxxxx) Xxxxxxxx, 00000 Xxxxx, Xxxxxx CALYON 9 quai du Président 304 187 701 (RCS Nanterre) Pxxx Xxxxxx, 90000 Xxxxx Xx Xxxxxxx Xxxxx, Xxxxxx HSBC FRANCE 100 xxxxxx xxx Xxxxxx 775 670 284 (RCS Paris) Elysées, 75419 Pxxxx, Xxxxx 00, Xxxxxx SOCIETE GENERALE 29 boulevard 552 120 222 (RCS Paris) Haussmann, 70000 Xxxxx, Xxxxxx each a French société anonyme 77 APPENDIX III FORM SPECIMEN OF TRANSFER CERTIFICATE To: [ ] as Agent From: [The Existing Lender] (the “Existing Lender”) and [The New Lender] (the “New Lender”) Dated: F3 One, Ltd. — EUR662,905,320 Loan Agreement Dated 22 September 2006 (the "Agreement")PROMISSORY NOTE A PROMISSORY NOTE

Appears in 1 contract

Samples: Credit Agreement (Royal Caribbean Cruises LTD)

COMING INTO FORCE. This Agreement shall come into force on the date of its signature but the rights and obligations of the Borrower hereunder may be terminated by written notice from the Borrower to the Agent, such notice to be received not later than sixty (60) days prior to the Intended Delivery Date. Following service of such notice (which shall be irrevocable), the Borrower shall have no further right to draw down the Loan and the Borrower shall have no further obligations under this Agreement save in respect of fees, costs and expenses incurred under or in respect of this Agreement on or before the date on which the notice becomes effective or as a result of the service of the notice. Service by the Borrower of the written notice in accordance with the preceding paragraph shall constitute a condition subsequent to this Agreement. Made in five (5) originals on the date before written. Made in five (5) originals on the date before written. F3 ONE, LTD. BNP PARIBAS by: Bxxxxx Xxxxx by: J.X. Xxxxxx S. Ferdane Bxxxxx Xxxxx J.X. Xxxxxx S. Ferdane its: Attorney-in-fact its: 70 XXXXXX XXXX XXXXXX Authorized Signatories CALYON HSBC FRANCE by: Jxxxxx Xxxxxx by: Gxxxxx Xxxxx Exxxx Xxxxx Jxxxxx Xxxxxx Gxxxxx Xxxxx Exxxx Xxxxx its: Attorney-in-fact its: Authorized Signatories SOCIETE GENERALE by: Ixxxxxxx Seneca Ixxxxxxx Seneca its: Attorney-in-fact APPENDIX I DOCUMENTS TO BE PRODUCED BY THE BUILDER TO BNP PARIBAS AS AGENT Certified Copy of the commercial invoice, duly executed by the Builder in favour of the Borrower and countersigned by the Borrower. Certified Copy of the Protocol of Delivery and Acceptance, duly executed by the Builder and the Borrower. Certified Copy of the declaration of warranty, duly executed by the Builder confirming that the Vessel is delivered to the Borrower free and clear of all encumbrances whatsoever. Certified Copy of the commercial invoice(s) corresponding to the Change Orders or any other similar document issued by the Builder stating the Change Order Amount, duly executed by the Builder in favour of the Borrower and countersigned by the Borrower. Acknowledgement of the notice of assignment of the Borrower’s rights under the post-delivery warranty given by the Builder under the Building Contract pursuant to the Assignment of Warranty Rights. Certified Copy of the power of attorney pursuant to which the authorised signatory of the Builder signed the documents referred to in this Appendix I and a specimen of his signature. APPENDIX II THE ORIGINAL LENDERS AND THE MANDATED LEAD ARRANGERS Name Registered Address Registered Number with the Registry of Trade and Name Registered Address Companies BNP PARIBAS 16 boulevard des 662 042 449 (RCS Pxxxx) 10 xxxxxxxxx xxx Xxxxxxxx, 00000 Xxxxx, Xxxxxx 662 042 449 (RCS Paris) CALYON 9 quai du Président xxxx xx Xxxxxxxxx Xxxx Xxxxxx, 92920 Paris La Défense Cedex, France 304 187 701 (RCS Nanterre) Pxxx Xxxxxx, 90000 Xxxxx Xx Xxxxxxx Xxxxx, Xxxxxx HSBC FRANCE 100 xxxxxx xxx Xxxxxx Xxxxxxx, 00000 Xxxxx, Cxxxx 00, Xxxxxx 775 670 284 (RCS Paris) ElyséesSOCIETE GENERALE 20 xxxxxxxxx Xxxxxxxxx, 75419 Pxxxx, Xxxxx 0000000 Xxxxx, Xxxxxx SOCIETE GENERALE 29 boulevard 552 120 222 (RCS Paris) Haussmann, 70000 Xxxxx, Xxxxxx each a French société anonyme 77 APPENDIX III FORM OF TRANSFER CERTIFICATE To: [ ] as Agent From: [The Existing Lender] (the “Existing Lender”) and [The New Lender] (the “New Lender”) Dated: F3 One, Ltd. — EUR662,905,320 Loan Agreement Dated 22 September 2006 (the "Agreement")Agent

Appears in 1 contract

Samples: Loan Agreement (NCL CORP Ltd.)

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COMING INTO FORCE. This Agreement shall come into force on the date of its signature but the rights and obligations of the Borrower hereunder may be terminated by written notice from the Borrower to the Agent, such notice to be received not later than sixty (60) days prior to the Intended Delivery Date. Following service of such notice (which shall be irrevocable), the Borrower shall have no further right to draw down the Loan and the Borrower shall have no further obligations under this Agreement save in respect of fees, costs and expenses incurred under or in respect of this Agreement on or before the date on which the notice becomes effective or as a result of the service of the notice. Service by the Borrower of the written notice in accordance with the preceding paragraph shall constitute a condition subsequent to this Agreement. Made in five (5) originals on the date before written. F3 ONE, LTD. BNP PARIBAS by: Bxxxxx Xxxxx by: J.X. Xxxxxx S. Ferdane Bxxxxx Xxxxx J.X. Xxxxxx S. Ferdane its: Attorney-in-fact its: 70 XXXXXX XXXX XXXXXX Authorized Signatories CALYON HSBC FRANCE by: Jxxxxx Xxxxxx by: Gilles Pxxxx Xxxxx Dadar Jxxxxx Xxxxxx Gilles Pxxxx Xxxxx Dadar its: Attorney-in-fact its: Authorized Signatories SOCIETE GENERALE by: Ixxxxxxx Seneca Ixxxxxxx Seneca its: Attorney-in-fact APPENDIX I DOCUMENTS TO BE PRODUCED BY THE BUILDER TO BNP PARIBAS AS AGENT Certified Copy of the commercial invoice, duly executed by the Builder in favour of the Borrower and countersigned by the Borrower. Certified Copy of the Protocol of Delivery and Acceptance, duly executed by the Builder and the Borrower. Certified Copy of the declaration of warranty, duly executed by the Builder confirming that the Vessel is delivered to the Borrower free and clear of all encumbrances whatsoever. Certified Copy of the commercial invoice(s) corresponding to the Change Orders or any other similar document issued by the Builder stating the Change Order Amount, duly executed by the Builder in favour of the Borrower and countersigned by the Borrower. Acknowledgement of the notice of assignment of the Borrower’s rights under the post-delivery warranty given by the Builder under the Building Contract pursuant to the Assignment of Warranty Rights. Certified Copy of the power of attorney pursuant to which the authorised signatory of the Builder signed the documents referred to in this Appendix I and a specimen of his signature. APPENDIX II THE ORIGINAL LENDERS AND THE MANDATED LEAD ARRANGERS Registered Number with the Registry of Trade and Name Registered Address Companies BNP PARIBAS 16 boulevard des 662 042 449 (RCS Pxxxx) Xxxxxxxx, 00000 Xxxxx, Xxxxxx CALYON 9 quai du Président 304 187 701 (RCS Nanterre) Pxxx Xxxxxx, 90000 Xxxxx Xx Xxxxxxx Xxxxx, Xxxxxx HSBC FRANCE 100 xxxxxx xxx Xxxxxx 775 670 284 (RCS Paris) Elysées, 75419 Pxxxx, Xxxxx 00, Xxxxxx SOCIETE GENERALE 29 boulevard 552 120 222 (RCS Paris) Haussmann, 70000 Xxxxx, Xxxxxx each a French société anonyme 77 APPENDIX III FORM OF TRANSFER CERTIFICATE To: [ ] as Agent From: [The Existing Lender] (the “Existing Lender”) and [The New Lender] (the “New Lender”) Dated: F3 One, Ltd. — EUR662,905,320 Loan Agreement Dated 22 September 2006 (the "Agreement").

Appears in 1 contract

Samples: Loan Agreement (NCL CORP Ltd.)

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