Common use of Assumption of Indenture Clause in Contracts

Assumption of Indenture. In accordance with the terms of Articles VIII and X of the Indenture, each of K-Sea LP and K-Sea OLP, jointly and severally, hereby expressly assumes all of the respective former, present and future obligations, duties, right, title and interest of K-Sea LLC and EW Holding in and to the Indenture, as amended and supplemented hereby, together with all documents and instruments evidencing any such obligations, duties, right, title and interest thereto, and each of K-Sea LP and K-Sea OLP expressly agrees, jointly and severally, specifically to perform all of the respective agreements and obligations of K-Sea LLC and EW Holding under the Indenture, as amended and supplemented hereby. For the avoidance of doubt, pursuant to Section 8.01(a)(1) of the Indenture, each of K-Sea LP and K-Sea OLP expressly assumes and agrees to perform all of the obligations of K-Sea LLC and EW Holding with respect to the payment of the principal and interest (and premiums, if any) of the Outstanding Obligations, as determined by the Secretary and set forth below, relating to the Vessels and expressly assumes the duties of K-Sea LLC and EW Holding under the Indenture.

Assumption of Indenture. In accordance with the terms of Articles VIII Sections 8.01 and X 10.02 of the Indenture, each and as described above, each, of successively (x) Transition4 and LP#4, (y) LP#1 and LP#2, and then (z) K-Sea LP and K-Sea OLP, jointly and severally, has assumed and does hereby expressly assumes assume, and hereby does expressly agree to perform, all of the respective former, present and future obligations, duties, right, title and interest of K-Sea LLC and EW Holding Holding, in and to the Indenture, as amended and supplemented hereby, and the Obligations, together with all documents and instruments evidencing any such obligations, duties, right, title and interest thereto, and each of K-Sea LP and K-Sea OLP expressly agrees, jointly and severally, specifically to perform all of the respective agreements and obligations of K-Sea LLC and EW Holding under the Indenture, as amended and supplemented hereby. For the avoidance of doubt, pursuant Pursuant to Section 8.01(a)(1) of the Indenture, each of K-Sea LP and K-Sea OLP has assumed and does expressly assumes assumes, and agrees to perform perform, all of the obligations of K-Sea LLC and EW Holding with respect to to, the payment of the principal and interest (and premiumspremium, if any) of the Outstanding Obligations, as determined by the Secretary and set forth below, relating to the Vessels Vessels. For the further avoidance of doubt, each of K-Sea LP and expressly assumes K-Sea OLP represents that each of Transition4, LP#4, LP#1 and LP#2 has successively assumed the duties obligations of K-Sea LLC and EW Holding under Holding, respectively, in and to the IndentureIndenture and the Obligations.

Assumption of Indenture. In accordance with the terms of Articles VIII Sections 8.01 and X 10.01(2) of the Indenture, each of (x) Transition4 and LP#4, (y) LP#1 and LP#2, and then (z) K-Sea LP and K-Sea OLP, jointly and severally, has successively assumed and does hereby expressly assumes assume, and hereby does expressly agree to perform, all of the respective former, present and future obligations, duties, right, title and interest of K-Sea LLC and EW Holding Holding, in and to the Indenture, as amended and supplemented hereby, and the Obligations, together with all documents and instruments evidencing any such obligations, duties, right, title and interest thereto, and each of K-Sea LP and K-Sea OLP expressly agrees, jointly and severally, specifically to perform all of the respective agreements and obligations of K-Sea LLC and EW Holding under the Indenture, as amended and supplemented hereby. For the avoidance of doubt, pursuant Pursuant to Section 8.01(a)(1) of the Indenture, each of K-Sea LP and K-Sea OLP has, as the final step in these successive mergers, assumed and does expressly assumes assume, and agrees to perform perform, all of the obligations of K-Sea LLC and EW Holding with respect to to, the payment of the principal and interest (and premiumspremium, if any) of the Outstanding Obligations, as determined by the Secretary and set forth below, relating to the Vessels Vessels. Each of K-Sea LP and expressly assumes K-Sea OLP jointly and severally represents and warrants to the duties Secretary that each of Transition4, LP#4, LP#1 and LP#2 has successively assumed the obligations of K-Sea LLC and EW Holding under Holding, respectively, in and to the IndentureIndenture and the Obligations.