Appropriations. Until all amounts which may be or become payable by the Borrowers under or in connection with the Hedging Agreements have been irrevocably paid in full, each Secured Party (or any trustee or agent on its behalf) may: (a) refrain from applying or enforcing any other moneys, security or rights held or received by that Secured Party (or any trustee or agent on its behalf) in respect of those amounts, or apply and enforce the same in such manner and order as it sees fit (whether against those amounts or otherwise) and no Hedge Guarantor shall be entitled to the benefit of the same; and (b) hold in an interest-bearing suspense account any moneys received from any Hedge Guarantor or on account of any Hedge Guarantor's liability under this Clause 20 (Guarantee and Indemnity – Hedge Guarantors).
Appears in 6 contracts
Sources: Term Loan Facility (Okeanis Eco Tankers Corp.), Term Loan Facility (Ardmore Shipping Corp), Term Loan Facility (Ardmore Shipping Corp)
Appropriations. Until all amounts which may be or become payable by the Borrowers under or in connection with the Hedging Agreements have been irrevocably paid in full, each Secured Party (or any trustee or agent on its behalf) may:
(a) refrain from applying or enforcing any other moneys, security or rights held or received by that Secured Party (or any trustee or agent on its behalf) in respect of those amounts, or apply and enforce the same in such manner and order as it sees fit (whether against those amounts or otherwise) and no Hedge Guarantor shall be entitled to the benefit of the same; and
(b) hold in an interest-bearing suspense account any moneys received from any Hedge Guarantor or on account of any Hedge Guarantor's liability under this Clause 20 19 (Guarantee and Indemnity – Hedge Guarantors).
Appears in 4 contracts
Sources: Facility Agreement (Navios Maritime Partners L.P.), Facility Agreement (Globus Maritime LTD), Facility Agreement (Okeanis Eco Tankers Corp.)
Appropriations. Until all amounts which may be or become payable by the Borrowers Obligors and the Hedging Counterparties under or in connection with the Hedging Agreements Guaranteed Documents have been irrevocably paid in full, each Secured Party Beneficiary (or any trustee or agent on its behalf) may:
(a) refrain from applying or enforcing any other moneys, security or rights held or received by that Secured Party Beneficiary (or any trustee or agent on its behalf) in respect of those amounts, or apply and enforce the same in such manner and order as it sees fit (whether against those amounts or otherwise) and no Hedge Guarantor shall be entitled to the benefit of the same; and
(b) hold in an interest-bearing suspense account any moneys received from any Hedge Guarantor or on account of any Hedge Guarantor's ’s liability under this Clause 20 (Guarantee and Indemnity – Hedge Guarantors)14.
Appears in 3 contracts
Sources: Credit Agreement (Unitedglobalcom Inc), Credit Agreement (Unitedglobalcom Inc), Credit Agreement (Liberty Global, Inc.)
Appropriations. Until all amounts which may be or become payable by the Borrowers Obligors and the High Yield Hedging Counterparties under or in connection with the Hedging Agreements Guaranteed Documents have been irrevocably paid in full, each Secured Party Beneficiary (or any trustee or agent on its behalf) may:
(a) refrain from applying or enforcing any other moneys, security or rights held or received by that Secured Party Beneficiary (or any trustee or agent on its behalf) in respect of those amounts, or apply and enforce the same in such manner and order as it sees fit (whether against those amounts or otherwise) and no Hedge Guarantor shall be entitled to the benefit of the same; and
(b) hold in an interest-bearing suspense account any moneys received from any Hedge Guarantor or on account of any Hedge Guarantor's ’s liability under this Clause 20 (Guarantee and Indemnity – Hedge Guarantors)14.
Appears in 3 contracts
Sources: Facility Agreement (Liberty Global, Inc.), Restated Credit Agreement (Unitedglobalcom Inc), Credit Agreement (Unitedglobalcom Inc)
Appropriations. Until all amounts which may be or become payable by the Borrowers under or in connection with the Hedging Agreements have been irrevocably paid in full, each Secured Party (or any trustee or agent on its behalf) may:
(a) refrain from applying or enforcing any other moneys, security or rights held or received by that Secured Party (or any trustee or agent on its behalf) in respect of those amounts, or apply and enforce the same in such manner and order as it sees fit (whether against those amounts or otherwise) and no Hedge Guarantor shall be entitled to the benefit of the same; and
(b) hold in an interest-bearing suspense account any moneys received from any Hedge Guarantor or on account of any Hedge Guarantor's ’s liability under this Clause 20 22 (Guarantee and Indemnity – — Hedge Guarantors)..
Appears in 2 contracts
Sources: Loan Agreement (Ardmore Shipping Corp), Loan Agreement (Ardmore Shipping Corp)
Appropriations. Until all amounts which may be or become payable by the Borrowers Debtors under or in connection with the Hedging Agreements have been irrevocably paid in full, each Secured Party Hedge Counterparty (or any trustee or agent on its behalf) may:
(a) refrain from applying or enforcing any other moneys, security or rights held or received by that Secured Party Hedge Counterparty (or any trustee or agent on its behalf) in respect of those amounts, or apply and enforce the same in such manner and order as it sees fit (whether against those amounts or otherwise) and no Hedge Subsidiary Guarantor shall be entitled to the benefit of the same; and
(b) hold in an interest-bearing suspense account any moneys received from any Hedge Subsidiary Guarantor or on account of any Hedge Subsidiary Guarantor's ’s liability under this Clause 20 (Guarantee and Indemnity – Hedge Guarantors)5.
Appears in 2 contracts
Sources: Intercreditor Agreement (Internet Gold Golden Lines LTD), Intercreditor Agreement (B Communications LTD)
Appropriations. Until all amounts which may be or become payable by the Borrowers under or in connection with the Hedging Agreements have been irrevocably paid in full, each Secured Party (or any trustee or agent on its behalf) may:
(a) refrain from applying or enforcing any other moneys, security or rights held or received by that Secured Party (or any trustee or agent on its behalf) in respect of those amounts, or apply and enforce the same in such manner and order as it sees fit (whether against those amounts or otherwise) and no Hedge Guarantor shall be entitled to the benefit of the same; and
(b) hold in an interest-bearing suspense account any moneys received from any Hedge Guarantor or on account of any Hedge Guarantor's liability under this Clause 20 22 (Guarantee and Indemnity – Hedge Guarantors).. 92 EUROPE/73091764v9
Appears in 2 contracts
Sources: Term, Revolving and Accordion Facilities Agreement (Ardmore Shipping Corp), Term, Revolving and Accordion Facilities Agreement (Ardmore Shipping Corp)
Appropriations. Until all amounts which may be or become payable by the Borrowers Obligors and the High Yield Hedging Counterparties under or in connection with the Hedging Agreements Guaranteed Documents have been irrevocably paid in full, each Secured Party Beneficiary (or any trustee or agent on its behalf) may:
(a) refrain from applying or enforcing any other moneys, security or rights held or received by that Secured Party Beneficiary (or any trustee or agent on its behalf) in respect of those amounts, or apply and enforce the same in such manner and order as it sees fit (whether against those amounts or otherwise) and no Hedge Guarantor shall be entitled to the benefit of the same; and
(b) hold in an interest-bearing suspense account any moneys received from any Hedge Guarantor or on account of any Hedge Guarantor's liability under this Clause 20 (Guarantee and Indemnity – Hedge Guarantors)14.
Appears in 2 contracts
Sources: Facility Agreement (Liberty Global, Inc.), Amendment and Restatement Agreement (Unitedglobalcom Inc)
Appropriations. Until all amounts which may be or become payable by the Borrowers Transaction Obligors under or in connection with the Hedging Agreements Finance Documents have been irrevocably paid in full, each Secured Party (or any trustee or agent on its behalf) may:
(a) refrain from applying or enforcing any other moneys, security or rights held or received by that Secured Party (or any trustee or agent on its behalf) in respect of those amounts, or apply and enforce the same in such manner and order as it sees fit (whether against those amounts or otherwise) and no Hedge the Parent Guarantor shall not be entitled to the benefit of the same; and
(b) hold in an interest-bearing suspense account any moneys received from any Hedge the Parent Guarantor or on account of any Hedge the Parent Guarantor's liability under this Clause 20 17 (Guarantee and Indemnity – Hedge GuarantorsParent Guarantor).
Appears in 2 contracts
Sources: Facility Agreement (Global Ship Lease, Inc.), Facility Agreement (Globus Maritime LTD)
Appropriations. Until all amounts which may be or become payable by the Borrowers under or in connection with the Hedging Agreements have been irrevocably paid in full, each Secured Party (or any trustee or agent on its behalf) may:
(a) refrain from applying or enforcing any other moneys, security or rights held or received by that Secured Party (or any trustee or agent on its behalf) in respect of those amounts, or apply and enforce the same in such manner and order as it sees fit (whether against those amounts or otherwise) and no Hedge Guarantor shall be entitled to the benefit of the same; and
(b) hold in an interest-bearing suspense account any moneys received from any Hedge Guarantor or on account of any Hedge Guarantor's ’s liability under this Clause 20 19 (Guarantee and Indemnity – — Hedge Guarantors).
Appears in 2 contracts
Sources: Term Loan Facility (Dorian LPG Ltd.), Term Loan Facility (Dorian LPG Ltd.)
Appropriations. Until all amounts which may be or become payable by the Borrowers under or in connection with the Hedging Agreements have been irrevocably paid in full, each Secured Party (or any trustee or agent on its behalf) may:
(a) refrain from applying or enforcing any other moneys, security or rights held or received by that Secured Party (or any trustee or agent on its behalf) in respect of those amounts, or apply and enforce the same in such manner and order as it sees fit (whether against those amounts or otherwise) and no Hedge Guarantor shall be entitled to the benefit of the same; and
(b) hold in an interest-bearing suspense account any moneys received from any Hedge Guarantor or on account of any Hedge Guarantor's ’s liability under this Clause 20 18 (Guarantee and Indemnity – Hedge Guarantors).
Appears in 1 contract
Appropriations. Until all amounts which may be or become payable by the Borrowers under or in connection with the Hedging Agreements have been irrevocably paid in full, each Secured Party (or any trustee or agent on its behalf) may:
(a) refrain from applying or enforcing any other moneys, security or rights held or received by that Secured Party (or any trustee or agent on its behalf) in respect of those amounts, or apply and enforce the same in such manner and order as it sees fit (whether against those amounts or otherwise) and no Hedge Guarantor shall be entitled to the benefit of the same; and
(b) hold in an interest-bearing suspense account any moneys received from any Hedge Guarantor or on account of any Hedge Guarantor's ’s liability under this Clause 20 22 (Guarantee and Indemnity – Hedge Guarantors)..
Appears in 1 contract
Sources: Term and Accordion Facilities Agreement (Ardmore Shipping Corp)
Appropriations. Until all amounts which may be or become payable by the Borrowers Transaction Obligors under or in connection with the Hedging Agreements Finance Documents have been irrevocably paid in full, each Secured Creditor Party (or any trustee or agent on its behalf) may:
(a) refrain from applying or enforcing any other moneys, security or rights held or received by that Secured Creditor Party (or any trustee or agent on its behalf) in respect of those amounts, or apply and enforce the same in such manner and order as it sees fit (whether against those amounts or otherwise) and no Hedge the Corporate Guarantor shall not be entitled to the benefit of the same; and
(b) hold in an interest-bearing suspense account any moneys received from any Hedge the Corporate Guarantor or on account of any Hedge the Corporate Guarantor's ’s liability under this Clause 20 17 (Guarantee and Indemnity – Hedge GuarantorsIndemnity).
Appears in 1 contract
Appropriations. Until all amounts which may be or become payable by the Borrowers under or in connection with the Hedging Agreements have been irrevocably paid in full, each Secured Party (or any trustee or agent on its behalf) may:
(a) refrain from applying or enforcing any other moneys, security or rights held or received by that Secured Party (or any trustee or agent on its behalf) in respect of those amounts, or apply and enforce the same in such manner and order as it sees fit (whether against those amounts or otherwise) and no Hedge Guarantor shall be entitled to the benefit of the same; and
(b) hold in an interest-bearing suspense account any moneys received from any Hedge Guarantor or on account of any Hedge Guarantor's ’s liability under this Clause 20 (Guarantee and Indemnity – Hedge Guarantors).
Appears in 1 contract
Appropriations. Until all amounts which may be or become payable by the Borrowers under or in connection with the Hedging Agreements Agreement have been irrevocably paid in full, each Secured Party (or any trustee or agent on its behalf) may:
(a) refrain from applying or enforcing any other moneys, security or rights held or received by that Secured Party (or any trustee or agent on its behalf) in respect of those amounts, or apply and enforce the same in such manner and order as it sees fit (whether against those amounts or otherwise) and no Hedge Guarantor shall be entitled to the benefit of the same; and
(b) hold in an interest-bearing suspense account any moneys received from any Hedge Guarantor or on account of any Hedge Guarantor's ’s liability under this Clause 20 18 (Guarantee and Indemnity – Hedge Guarantors).
Appears in 1 contract
Appropriations. Until all amounts which may be or become payable by the Borrowers under or in connection with the Hedging Agreements have been irrevocably paid in full, each Secured Party (or any trustee or agent on its behalf) may:
(a) refrain from applying or enforcing any other moneys, security or rights held or received by that Secured Party (or any trustee or agent on its behalf) in respect of those amounts, or apply and enforce the same in such manner and order as it sees fit (whether against those amounts or otherwise) and no Hedge Guarantor shall be entitled to the benefit of the same; and
(b) hold in an interest-bearing suspense account any moneys received from any Hedge Guarantor or on account of any Hedge Guarantor's liability under this Clause 20 18 (Guarantee and Indemnity – Hedge Guarantors).
Appears in 1 contract