Application of credit balances. Each Creditor Party may without prior notice to the Borrower but with prior notice to the Agent: (a) apply any balance (whether or not then due) which at any time stands to the credit of any account in the name of the Borrower at any office in any country of that Creditor Party in or towards satisfaction of any sum then due from the Borrower to that Creditor Party under any of the Finance Documents; and (b) for that purpose: (i) break, or alter the maturity of, all or any part of a deposit of the Borrower; (ii) convert or translate all or any part of a deposit or other credit balance into Dollars; and (iii) enter into any other transaction or make any entry with regard to the credit balance which the Creditor Party concerned considers appropriate.
Appears in 9 contracts
Sources: Loan Agreement (Navios Maritime Partners L.P.), Loan Agreement (Navios Maritime Partners L.P.), Amending and Restating Agreement (Navios Maritime Acquisition CORP)
Application of credit balances. Each Creditor Party may without prior notice to but following the Borrower but with prior notice to the Agentoccurrence of an Event of Default which is continuing:
(a) apply any balance (whether or not then due) which at any time stands to the credit of any account in the name of the Borrower at any office in any country of that Creditor Party in or towards satisfaction of any sum then due from the Borrower to that Creditor Party under any of the Finance Documents; and
(b) for that purpose:
(i) break, or alter the maturity of, all or any part of a deposit of the Borrower;
(ii) convert or translate all or any part of a deposit or other credit balance into Dollars; andand/or
(iii) enter into any other transaction or make any entry with regard to the credit balance which the Creditor Party concerned considers appropriate.
Appears in 6 contracts
Sources: Loan Agreement (Danaos Corp), Loan Agreement (Tsakos Energy Navigation LTD), Loan Agreement (Danaos Corp)
Application of credit balances. Each Creditor Party may without prior notice to the Borrower Borrowers but with prior notice to the Agent:
(a) apply any balance (whether or not then due) which at any time stands to the credit of any account in the name of the a Borrower at any office in any country of that Creditor Party in or towards satisfaction of any sum then due from the that Borrower to that Creditor Party under any of the Finance Documents; and
(b) for that purpose:
(i) break, or alter the maturity of, all or any part of a deposit of the that Borrower;
(ii) convert or translate all or any part of a deposit or other credit balance into Dollars; and
(iii) enter into any other transaction or make any entry with regard to the credit balance which the Creditor Party concerned considers appropriate.
Appears in 5 contracts
Sources: Loan Agreement (Navios Maritime Partners L.P.), Loan Agreement (Navios Maritime Partners L.P.), Loan Agreement (Navios Maritime Containers L.P.)
Application of credit balances. Each Creditor Party may following the occurrence of an Event of Default and without prior notice to the Borrower but with prior notice to the Agentnotice:
(a) apply any balance (whether or not then due) which at any time stands to the credit of any account in the name of the Borrower at any office in any country of that Creditor Party in or towards satisfaction of any sum then due from the Borrower to that Creditor Party under any of the Finance Documents; and
(b) for that purpose:
(i) break, or alter the maturity of, all or any part of a deposit of the Borrower;
(ii) convert or translate all or any part of a deposit or other credit balance into Dollars; and
(iii) enter into any other transaction or make any entry with regard to the credit balance which the Creditor Party concerned considers appropriate.
Appears in 4 contracts
Sources: Loan Agreement, Loan Agreement (Capital Product Partners L.P.), Loan Agreement
Application of credit balances. Each Creditor Party may may, following the occurrence of an Event of Default which is continuing, without prior notice to the Borrower but with prior notice to the Agentnotice:
(a) apply any balance (whether or not then due) which at any time stands to the credit of any account in the name of the Borrower at any office in any country of that Creditor Party in or towards satisfaction of any sum then due from the Borrower to that Creditor Party under any of the Finance Documents; and
(b) for that purpose:
(i) break, or alter the maturity of, all or any part of a deposit of the Borrower;
(ii) convert or translate all or any part of a deposit or other credit balance into Dollars; and
(iii) enter into any other transaction or make any entry with regard to the credit balance which the Creditor Party concerned considers appropriate.
Appears in 3 contracts
Sources: Facility Agreement (Navios Maritime Partners L.P.), Facility Agreement (Navios Maritime Partners L.P.), Facility Agreement (Navios Maritime Containers Inc.)
Application of credit balances. Each Creditor Party may without prior notice to following the Borrower but with prior notice to the Agentoccurrence of an Event of Default:
(a) apply any balance (whether or not then due) which at any time stands to the credit of any account in the name of the Borrower at any office in any country of that Creditor Party in or towards satisfaction of any sum then due from the Borrower to that Creditor Party under any of the Finance Documents; and
(b) for that purpose:
(i) break, or alter the maturity of, all or any part of a deposit of the Borrower;
(ii) convert or translate all or any part of a deposit or other credit balance into Dollars; and
(iii) enter into any other transaction or make any entry with regard to the credit balance which the Creditor Party concerned considers appropriate.
Appears in 3 contracts
Sources: Loan Agreement (EuroDry Ltd.), Loan Agreement (EuroDry Ltd.), Loan Agreement (Euroseas Ltd.)
Application of credit balances. Each Creditor Party may may, upon the occurrence and during the continuance of an Event of Default, without prior notice to the Borrower but with prior notice to the Agentnotice:
(a) apply any balance (whether or not then due) which at any time stands to the credit of any account in the name of the Borrower at any office in any country of that Creditor Party in or towards satisfaction of any sum then due from the Borrower to that Creditor Party under any of the Finance Documents; and
(b) for that purpose:
(i) break, or alter the maturity of, all or any part of a deposit of the Borrower;
(ii) convert or translate all or any part of a deposit or other credit balance into Dollars; and
(iii) enter into any other transaction or make any entry with regard to the credit balance which the Creditor Party concerned considers appropriate.
Appears in 2 contracts
Sources: Loan Agreement (Scorpio Tankers Inc.), Loan Agreement (Scorpio Tankers Inc.)
Application of credit balances. Each Creditor Party may without prior notice to at any time after the Borrower but with prior notice to the Agentoccurrence of an Event of Default which is continuing:
(a) apply any balance (whether or not then due) which at any time stands to the credit of any account in the name of the Borrower Borrowers at any office in any country of that Creditor Party in or towards satisfaction of any sum then due from the Borrower Borrowers to that Creditor Party under any of the Finance Documents; and
(b) for that purpose:
(i) break, or alter the maturity of, all or any part of a deposit of the BorrowerBorrowers;
(ii) convert or translate all or any part of a deposit or other credit balance into Dollars; and;
(iii) enter into any other transaction or make any entry with regard to the credit balance which the Creditor Party concerned considers appropriate.
Appears in 1 contract
Sources: Loan Agreement (Euroseas Ltd.)
Application of credit balances. Each Following the occurrence of an Event of Default which is continuing , each Creditor Party may without prior notice to the Borrower but with prior notice to the Agentnotice:
(a) apply any balance (whether or not then due) which at any time stands to the credit of any account in the name of the Borrower Guarantor at any office in any country of that Creditor Party in or towards satisfaction of any sum then due from the Borrower Guarantor to that Creditor Party under any of the Finance Documents; and
(b) for that purpose:
(i) break, or alter the maturity of, all or any part of a deposit of the BorrowerGuarantor;
(ii) convert or translate all or any part of a deposit or other credit balance into Dollars; and
(iii) enter into any other transaction or make any entry with regard to the credit balance which the Creditor Party concerned considers appropriate.
Appears in 1 contract
Sources: Guarantee (EuroDry Ltd.)
Application of credit balances. Each Creditor Party may following the occurrence of an Event of Default and without prior notice to the Borrower but with prior notice to the Agentnotice:
(a) apply any balance (whether or not then due) which at any time stands to the credit of any account in the name of the Borrower Borrowers at any office in any country of that Creditor Party in or towards satisfaction of any sum then due from the Borrower Borrowers to that Creditor Party under any of the Finance Documents; and
(b) for that purpose:
(i) break, or alter the maturity of, all or any part of a deposit of the BorrowerBorrowers;
(ii) convert or translate all or any part of a deposit or other credit balance into Dollars; and
(iii) enter into any other transaction or make any entry with regard to the credit balance which the Creditor Party concerned considers appropriate.
Appears in 1 contract
Application of credit balances. Each Creditor Party may without prior notice to the Borrower but with prior notice to the Agentnotice:
(a) apply any balance (whether or not then due) which at any time stands to the credit of any account in the name of the Borrower Guarantor at any office in any country of that Creditor Party in or towards satisfaction of any sum then due from the Borrower Guarantor to that Creditor Party under any of this Guarantee to the Finance Documentsextent that such sum has not been paid on its due date for payment by the Guarantor; and
(b) for that purpose:
(i) break, or alter the maturity of, all or any part of a deposit of the BorrowerGuarantor;
(ii) convert or translate all or any part of a deposit or other credit balance into Dollars; and;
(iii) enter into any other transaction or make any entry with regard to the credit balance which the Creditor Party concerned considers appropriate.
Appears in 1 contract
Sources: Guarantee (Seacastle Inc.)
Application of credit balances. Each Creditor Party may without prior notice to the Borrower but with prior notice to the Agentnotice:
(a) upon the occurrence of an Event of Default or Potential Event of Default apply any balance (whether or not then due) which at any time stands to the credit of any account in the name of the Borrower at any office in any country of that Creditor Party in or towards satisfaction of any sum then due from the Borrower to that Creditor Party under any of the Finance Documents; and
(b) for that purpose:
(i) break, or alter the maturity of, all or any part of a deposit of the Borrower;
(ii) convert or translate all or any part of a deposit or other credit balance into Dollars; and;
(iii) enter into any other transaction or make any entry with regard to the credit balance which the Creditor Party concerned considers appropriate.
Appears in 1 contract
Sources: Loan Agreement (Grindrod Shipping Holdings Pte. Ltd.)
Application of credit balances. Each Creditor Party may without prior notice to following the Borrower but with prior notice to the Agentoccurrence of an Event of Default which is continuing:
(a) apply any balance (whether or not then due) which at any time stands to the credit of any account in the name of the any Borrower at any office in any country of that Creditor Party in or towards satisfaction of any sum then due from the Borrower Borrowers to that Creditor Party under any of the Finance Documents; and
(b) for that purpose:
(i) break, or alter the maturity of, all or any part of a deposit of the any Borrower;
(ii) convert or translate all or any part of a deposit or other credit balance into Dollars; and;
(iii) enter into any other transaction or make any entry with regard to the credit balance which the Creditor Party concerned considers appropriate.
Appears in 1 contract
Application of credit balances. Each Creditor Party may without prior notice to at any time after the Borrower but with prior notice to the Agentoccurrence of an Event of Default which is continuing:
(a) apply any balance (whether or not then due) which at any time stands to the credit of any account in the name of the Borrower at any office in any country of that Creditor Party in or towards satisfaction of any sum then due from the Borrower to that Creditor Party under any of the Finance Documents; and
(b) for that purpose:
: (i) break, or alter the maturity of, all or any part of a deposit of the Borrower;
; (ii) convert or translate all or any part of a deposit or other credit balance into Dollars; and
(iii) enter into any other transaction or make any entry with regard to the credit balance which the Creditor Party concerned considers appropriate.
Appears in 1 contract
Sources: Loan Agreement (EuroDry Ltd.)
Application of credit balances. Each Creditor Party may without prior notice to the Borrower but with prior notice to the Agentnotice:
(a) apply any balance (whether or not then due) which at any time stands to the credit of any account in the name of the Borrower Corporate Guarantor at any office in any country of that Creditor Party in or towards satisfaction of any sum then due from the Borrower Corporate Guarantor to that Creditor Party under this Corporate Guarantee or any of the Finance Documentsother Corporate Guarantor’s Document; and
(b) for that purpose:
: (i) break, or alter the maturity of, all or any part of a deposit of the Borrower;
Corporate Guarantor; (ii) convert or translate all or any part of a deposit or other credit balance into Dollars; and
and (iii) enter into any other transaction or make any entry with regard to the credit balance which the Creditor Party concerned considers appropriate.
Appears in 1 contract
Sources: Corporate Guarantee (DryShips Inc.)
Application of credit balances. Each Creditor Party may following the occurrence of an Event of Default and without prior notice to the Borrower but with prior notice to the Agentnotice:
(a) apply any balance (whether or not then due) which at any time stands to the credit of any account in the name of the Borrower at any office in any country of that Creditor Party in or towards satisfaction of any sum then due from the Borrower to that Creditor Party under any of the Finance Documents; andand Index
(b) for that purpose:
(i) break, or alter the maturity of, all or any part of a deposit of the Borrower;
(ii) convert or translate all or any part of a deposit or other credit balance into Dollars; and
(iii) enter into any other transaction or make any entry with regard to the credit balance which the Creditor Party concerned considers appropriate.
Appears in 1 contract
Application of credit balances. Each Creditor Party may without prior notice to the Borrower Borrowers but with prior notice to the Agent:
(a) apply any balance (whether or not then due) which at any time stands to the credit of any account in the name of the a Borrower at any office in any country of that Creditor Party in or towards satisfaction of any sum then due from the that Borrower to that Creditor Party under any of the Finance Documents; and
(b) for that purpose:
: (i) break, or alter the maturity of, all or any part of a deposit of the that Borrower;
; (ii) convert or translate all or any part of a deposit or other credit balance into Dollars; and
and (iii) enter into any other transaction or make any entry with regard to the credit balance which the Creditor Party concerned considers appropriate.
Appears in 1 contract
Application of credit balances. Each Following the occurrence of and during the continuance of an Event of Default, each Creditor Party may without prior notice to the Borrower but with prior notice to the Agentnotice:
(a) apply any balance (whether or not then due) which at any time stands to the credit of any account in the name of the a Borrower at any office in any country of that Creditor Party in or towards satisfaction of any sum then due from the that Borrower to that Creditor Party under any of the Finance Documents; and
(b) for that purpose:
(i) break, or alter the maturity of, all or any part of a deposit of the that Borrower;
(ii) convert or translate all or any part of a deposit or other credit balance into Dollars; and;
(iii) enter into any other transaction or make any entry with regard to the credit balance which the Creditor Party concerned considers appropriate.
Appears in 1 contract
Sources: Loan Agreement (Mc Shipping Inc)