THE BORROWERS. SHALL INDEMNIFY THE ADMINISTRATIVE AGENT, THE ARRANGER, AND EACH LENDER, AND EACH RELATED PARTY OF ANY OF THE FOREGOING PERSONS (EACH SUCH PERSON BEING CALLED AN "INDEMNITEE") AGAINST, AND HOLD EACH INDEMNITEE HARMLESS FROM, ANY AND ALL LOSSES, CLAIMS, DAMAGES, LIABILITIES AND RELATED EXPENSES, INCLUDING THE FEES, CHARGES AND DISBURSEMENTS OF ANY COUNSEL FOR ANY INDEMNITEE, INCURRED BY OR ASSERTED AGAINST ANY INDEMNITEE ARISING OUT OF, IN CONNECTION WITH, OR AS A RESULT OF (i) THE EXECUTION OR DELIVERY OF THIS AGREEMENT OR ANY OTHER LOAN DOCUMENT OR ANY AGREEMENT OR INSTRUMENT CONTEMPLATED HEREBY OR THEREBY, THE PERFORMANCE BY THE PARTIES HERETO OR THE PARTIES TO ANY OTHER LOAN DOCUMENT OF THEIR RESPECTIVE OBLIGATIONS HEREUNDER OR THEREUNDER OR THE CONSUMMATION OF THE TRANSACTIONS CONTEMPLATED HEREBY OR BY ANY OTHER LOAN DOCUMENT, (ii) THE FAILURE OF THE BORROWERS OR ANY SUBSIDIARY TO COMPLY WITH THE TERMS OF ANY LOAN DOCUMENT, INCLUDING THIS AGREEMENT, OR WITH ANY GOVERNMENTAL REQUIREMENT, (iii) ANY INACCURACY OF ANY REPRESENTATION OR ANY BREACH OF ANY WARRANTY OR COVENANT OF THE BORROWERS OR ANY SUBSIDIARY SET FORTH IN ANY OF THE LOAN DOCUMENTS OR ANY INSTRUMENTS, DOCUMENTS OR CERTIFICATIONS DELIVERED IN CONNECTION THEREWITH, (iv) ANY LOAN OR THE USE OF THE PROCEEDS THEREFROM, (v) ANY OTHER ASPECT OF THE LOAN DOCUMENTS, (vi) THE OPERATIONS OF THE BUSINESS OF THE BORROWERS AND THEIR SUBSIDIARIES BY THE BORROWERS AND THEIR SUBSIDIARIES, (vii) ANY ASSERTION THAT THE LENDERS WERE NOT ENTITLED TO RECEIVE THE PROCEEDS RECEIVED PURSUANT TO THE SECURITY INSTRUMENTS, (viii) ANY ENVIRONMENTAL LAW APPLICABLE TO EITHER BORROWER OR ANY SUBSIDIARY OR ANY OF ITS PROPERTIES, INCLUDING WITHOUT LIMITATION, THE PRESENCE, GENERATION, STORAGE, RELEASE, THREATENED RELEASE, USE, TRANSPORT, DISPOSAL, ARRANGEMENT OF DISPOSAL OR TREATMENT OF OIL, OIL AND GAS WASTES, SOLID WASTES OR HAZARDOUS SUBSTANCES ON ANY OF THEIR PROPERTIES, (ix) THE BREACH OR NON-COMPLIANCE BY EITHER BORROWER OR ANY SUBSIDIARY WITH SUCH ENVIRONMENTAL LAW APPLICABLE TO SUCH BORROWER OR ANY SUBSIDIARY, (x) THE PAST OWNERSHIP BY SUCH BORROWER OR SUCH SUBSIDIARY OF ANY OF ITS PROPERTIES OR PAST ACTIVITY ON ANY OF ITS PROPERTIES WHICH, THOUGH LAWFUL AND FULLY PERMISSIBLE AT THE TIME, COULD RESULT IN PRESENT LIABILITY, (xi) THE PRESENCE, USE, RELEASE, STORAGE, TREATMENT, DISPOSAL, GENERATION, THREATENED RELEASE, TRANSPORT, ARRANGEMENT FOR TRANSPORT OR ARRANGEMENT FOR DISPOSAL OF OIL, OIL AND GAS WASTES, SOLID WAS...
THE BORROWERS. SIGNED by ) Xx. Xxxxxxx Xxxxxxxx ) for and on behalf of ) /s/ Xxxxxxx Xxxxxxxx FRIEND OCEAN NAVIGATION CO., ) of the Republic of Liberia, in the presence of: ) Attorney-in-fact Witness: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Xxxxxxxx Address: Xxxxxxxx Xxxxxxxxxx 00 Xxxxxxx, Xxxxxx Occupation: t. Attorney-at-law SIGNED by ) Xx. Xxxxxxx Xxxxxxxx ) for and on behalf of ) /s/ Xxxxxxx Xxxxxxxx XXXXXX OCEAN NAVIGATION CO. ) of the Republic of Liberia, in the presence of: ) Attorney-in-fact Witness: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Xxxxxxxx Address: Xxxxxxxx Xxxxxxxxxx 00 Xxxxxxx, Xxxxxx Occupation: t. Attorney-at-law THE COLLATERAL OWNER SIGNED by ) Xx. Xxxxxxx Xxxxxxxx ) for and on behalf of ) DUKE SHIPPING CO., ) /s/ Xxxxxxx Xxxxxxxx of the Republic of the Xxxxxxxx Islands, ) in the presence of: ) Attorney-in-fact Witness: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Xxxxxxxx Address: Xxxxxxxx Xxxxxxxxxx 00 Xxxxxxx, Xxxxxx Occupation: t. Attorney-at-law LENDER SIGNED by ) /s/ Xxxxxxxxxxxx Xxxxxx Xx. Xxxxxxxxxxxx Xxxxxx and ) Mrs. ) Attorney-in-fact for and on behalf of ) ALPHA BANK S.A., ) /s/ X. X. Xxxxx in the presence of: ) Attorney-in-fact Witness: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Xxxxxxxx Address: Defteras Merarchias 13 Piraeus, Greece Occupation: t. Attorney-at-law CORPORATE GUARANTOR’S ACKNOWLEDGEMENT We, SEANERGY MARITIME HOLDINGS CORP., a corporation duly incorporated in the Republic of Xxxxxxxx Islands, hereby confirm and acknowledge that we have read and understood the terms and conditions of the above Second Supplemental Agreement and agree in all respects to the same and hereby confirm that:
THE BORROWERS. The Borrowers may incur, without duplication:
THE BORROWERS. (1) The Borrowers assure that the Pupil is registered at the following school in the Xxxxxx- xxxx city area at the time of signing this contract: School, form:
THE BORROWERS. (a) Have failed to make certain principal and interest payments due on the Loans on December 31, 2013, January 31, 2014, February 3, 2014 and at any other time due on or before February 28, 2014, pursuant to Sections 2.2(b), 2.2(c) and 2.14 of the Credit Agreement;
THE BORROWERS. Each Borrower agrees that the representations and warranties made by, and the liabilities, obligations, and covenants of and applicable to any of, any two of, or all of the Borrowers under this Agreement, shall in every case (whether or not specifically so stated in each such case herein) be joint and several. Every notice by or to any Borrower shall be deemed also to constitute notice by and to the other Borrowers, every act or omission by any Borrower also shall be binding upon the other Borrowers, and the Administrative Agent, the Collateral Agent, the Issuing Bank, and the Lenders are fully authorized by each Borrower to act and rely also upon the representations and warranties, covenants, notices, acts, and omissions of the other Borrowers.
THE BORROWERS. Each Borrower jointly and severally covenants and agrees as follows:
THE BORROWERS. SOUTHWEST CONVENIENCE STORES, LLC,as a Borrower and a Credit Party By: /s/ Xxxxxxx Xxxxx Name: Xxxxxxx OsterTitle: Vice President SKINNY'S, LLC, as a Borrower and a Credit Party By: /s/ Xxxxxxx Xxxxx Name: Xxxxxxx OsterTitle: Vice President THE SUBSIDIARY GUARANTOR: GTS LICENSING COMPANY, INC., as a Subsidiary Guarantor and a Credit Party By: /s/ Xxxxxxx Xxxxx Name: Xxxxxxx OsterTitle: Vice President THE ADMINISTRATIVE AGENT AND THE LENDERS: XXXXX FARGO BANK, NATIONAL ASSOCIATION, as Administrative Agent and a Lender By: /s/ X.X. Xxxxxxxx Name: X.X. Xxxxxxxx Title: Senior Vice President BANK LEUMI USA, as a Lender By: /s/ Xx. Xxxxx Xxxxxx Name: Xx. Xxxxx Xxxxxx Title: First Vice President
THE BORROWERS. CIT and the Agent desire to make substantial amendments to the Existing Loan Agreement, including, without limitation, making available to the Borrowers a revolving credit facility in an aggregate amount up to $60,000,000 (including a letter of credit subline in an aggregate amount of up to $40,000,000) and eliminating Duck Head and Delta as borrowers thereunder, and simultaneously therewith to cause a portion of the commitments thereunder to be assigned to FCC.
THE BORROWERS business is a mutual and collective enterprise, and the consolidation of all loans and other accommodations under this Agreement will enhance the Borrowers' aggregate borrowing powers, all to the Borrowers' respective individual and mutual advantage.
