Common use of Common parties Clause in Contracts

Common parties. The Facility Agent and the Security Agent have entered into the Finance Documents in their separate capacities (a) as Facility Agent for the Lenders under and pursuant to this Agreement (in the case of the Facility Agent) and (b) as security agent and trustee for the Lenders and the Facility Agent under and pursuant to this Agreement, to hold the guarantees and/or security created by the Security Documents on the terms set out in such Security Documents (in the case of the Security Agent). However, from time to time the Facility Agent and the Security Agent may be the same entity. When the Facility Agent and the Security Agent are the same entity and any Finance Document provides for the Facility Agent to communicate with or provide instructions to the Security Agent (and vice versa), it will not be necessary for there to be any such formal communications or instructions on those occasions.

Appears in 2 contracts

Sources: On Delivery Facility Agreement (Paragon Shipping Inc.), On Delivery Buyer Credit Facility Agreement (DryShips Inc.)