Exception. Nothing in clause 12.2 shall entitle any Lender to receive any amount in respect of compensation for any such liability to Taxes, increased or additional cost, reduction, payment, foregone return or loss to the extent that the same is the subject of an additional payment under clause 6.6.
Appears in 23 contracts
Sources: Facility Agreement, Facility Agreement (Navios Maritime Holdings Inc.), Facility Agreement (Navios Maritime Holdings Inc.)
Exception. Nothing in clause 12.2 12. shall entitle any the Lender to receive any amount in respect of compensation for any such liability to Taxes, increased or additional cost, reduction, payment, foregone return or loss to the extent that the same is the subject of an additional payment under clause 6.6.
Appears in 5 contracts
Sources: Facility Agreement (Euroseas Ltd.), Facility Agreement (Euroseas Ltd.), Facility Agreement (EuroDry Ltd.)
Exception. Nothing in clause 12.2 13.1 shall entitle any Lender to receive any amount in respect of compensation for any such liability to Taxes, increased or additional cost, reduction, payment, foregone return or loss (a) to the extent that the same is taken into account in calculating the Mandatory Cost or (b) to the extent that the same is the subject of an additional payment under clause 6.67.
Appears in 5 contracts
Sources: Term Loan Facility Agreement (Danaos Corp), Term Loan Facility Agreement (Danaos Corp), Term Loan Facility Agreement (Danaos Corp)
Exception. Nothing in clause 12.2 shall entitle any the Lender to receive any amount in respect of relating to compensation for any such liability to Taxes, increased or additional cost, reduction, payment, foregone return or loss to the extent that the same is the subject of an additional payment under clause 6.6.
Appears in 5 contracts
Sources: Loan Agreement (Navios Maritime Holdings Inc.), Facility Agreement for a Term Loan (Box Ships Inc.), Facility Agreement for a Term Loan (StealthGas Inc.)
Exception. Nothing in clause Clause 12.2 (Increased Cost) shall entitle any the Lender to receive any amount in respect of compensation for any such liability to Taxes, increased or additional cost, reduction, payment, foregone return or loss to the extent that the same is the subject of an additional payment under clause 6.6Clause 5.3 (Gross Up).
Appears in 4 contracts
Sources: Loan Agreement (Performance Shipping Inc.), Loan Agreement (Performance Shipping Inc.), Loan Agreement (Seanergy Maritime Holdings Corp.)
Exception. Nothing in clause 12.2 shall entitle any Lender to receive any amount in respect of compensation for any such liability to Taxes, increased or additional cost, reduction, payment, foregone return or loss to the extent that the same is the subject of an additional payment under clause 6.66.6 or (b) attributable to a FATCA Deduction required to be made by a Party.
Appears in 3 contracts
Sources: Facility Agreement (Navios Maritime Acquisition CORP), Facility Agreement (Navios Maritime Acquisition CORP), Facility Agreement (Navios Maritime Holdings Inc.)
Exception. Nothing in clause 12.2 11.2 shall entitle any the Lender to receive any amount in respect of relating to compensation for any such liability to Taxes, increased or additional cost, reduction, payment, foregone return or loss to the extent that the same is the subject of an additional payment under clause 5.3, 5.4 or 6.6.
Appears in 3 contracts
Sources: Loan Agreement (Navios Maritime Partners L.P.), Loan Agreement (Navios Maritime Acquisition Corp), Loan Agreement (Navios Maritime Acquisition CORP)
Exception. Nothing in clause 12.2 shall entitle any the Lender to receive any amount in respect of compensation for any such liability to Taxes, increased or additional cost, reduction, payment, foregone return or loss to the extent that the same is the subject of an additional payment under clause 6.66.6 or (b) attributable to a FATCA Deduction required to be made by a Party.
Appears in 3 contracts
Sources: Facility Agreement, Facility Agreement (Navios Maritime Midstream Partners LP), Facility Agreement (Navios Maritime Midstream Partners LP)
Exception. Nothing in clause 12.2 Clause 12.3 shall entitle any the Lender to receive any amount in respect of compensation for any such liability to Taxes, increased or additional cost, reduction, payment, foregone return or loss to the extent that the same is the subject of an additional payment under clause 6.6Clause 5.3.
Appears in 2 contracts
Sources: Loan Agreement (Seanergy Maritime Holdings Corp.), Loan Agreement (Seanergy Maritime Holdings Corp.)
Exception. Nothing in clause 12.2 12.1.3 shall entitle any Lender to receive any amount in respect of compensation for any such liability to Taxes, increased or additional cost, reduction, payment, foregone return or loss to the extent that the same is the subject of an additional payment under clause 6.6.
Appears in 2 contracts
Sources: Loan Agreement (Seanergy Maritime Holdings Corp.), Loan Agreement (Seanergy Maritime Holdings Corp.)
Exception. Nothing in clause Clause 12.2 (Increased Cost) shall entitle any the Lender to receive any amount in respect of compensation for any such liability to Taxes, increased or additional cost, reduction, payment, foregone return or loss to the extent that the same is the subject of an additional payment under clause 6.6Clause 5.3 (Gross-up).
Appears in 2 contracts
Sources: Loan Agreement (Pyxis Tankers Inc.), Loan Agreement (Seanergy Maritime Holdings Corp.)
Exception. Nothing in clause 12.2 shall entitle any the Lender to receive any amount in respect of relating to compensation for any such liability to Taxes, increased or additional cost, reduction, payment, foregone return or loss to the extent that the same is the subject of an additional payment under clause 5.3, 5.4 or 6.6.. 13 SECURITY, SET-OFF AND MISCELLANEOUS
Appears in 2 contracts
Sources: Loan Agreement (Navios Maritime Holdings Inc.), Loan Agreement (Navios South American Logistics Inc.)
Exception. Nothing in clause 12.2 shall entitle any Lender to receive any amount in respect of compensation for any such liability to Taxes, increased or additional cost, reduction, payment, foregone return or loss to the extent that the same is the subject of an additional payment under clause 6.66.7 which fully compensates that Lender.
Appears in 2 contracts
Sources: Loan Agreement (DryShips Inc.), Loan Agreement (Teekay LNG Partners L.P.)
Exception. Nothing in clause 12.2 shall entitle any Lender to receive any amount in respect of compensation for any such liability to Taxes, increased or additional cost, reduction, payment, foregone return or loss to the extent that the same is (a) the subject of an additional payment under clause 6.66.6 or (b) attributable to a FATCA Deduction required to be made by a Party.
Appears in 2 contracts
Sources: Facility Agreement (EuroDry Ltd.), Facility Agreement (Euroseas Ltd.)
Exception. Nothing in clause 12.2 shall entitle any the Lender to receive any amount in respect of relating to compensation for any such liability to Taxes, increased or additional cost, reduction, payment, foregone return or loss to the extent that the same is the subject of an additional payment under clause 6.65.2, 5.3 or 6.5.
Appears in 2 contracts
Sources: Secured Loan Agreement (Navios Maritime Holdings Inc.), Secured Loan Agreement (Navios Maritime Holdings Inc.)
Exception. Nothing in clause 12.2 shall entitle any Lender to receive any amount in respect of compensation for any such liability to Taxes, increased or additional cost, reduction, payment, foregone return or loss (a) to the extent that the same is taken into account in calculating the additional cost or (b) to the extent that the same is the subject of an additional payment under clause 6.66.8.
Appears in 1 contract
Sources: Loan Agreement (Danaos Corp)
Exception. Nothing in clause 12.2 shall entitle any Lender to receive any amount in respect of compensation for any such liability to Taxes, increased or additional cost, reduction, payment, foregone return or loss to the extent that the same is the subject of an additional payment under clause 6.6.. 36 Table of Contents
Appears in 1 contract
Sources: Facility Agreement (Navios Maritime Acquisition CORP)
Exception. Nothing in clause 12.2 13.2 shall entitle any Lender to receive any amount in respect of compensation for any such liability to Taxes, increased or additional cost, reduction, payment, foregone return or loss (a) to the extent that the same is taken into account in calculating the Additional Cost or (b) to the extent that the same is the subject of an additional payment under clause 6.68.7.
Appears in 1 contract
Sources: Senior Secured Revolving Credit Facility Agreement (Gulfmark Offshore Inc)
Exception. Nothing in clause 12.2 shall entitle any Lender to receive any amount in respect of relating to compensation for any such liability to Taxes, increased or additional cost, reduction, payment, foregone return or loss to the extent that the same is the subject of an additional payment under clause 6.6.
Appears in 1 contract
Sources: Facility Agreement for a Term Loan Facility (Navios Maritime Partners L.P.)
Exception. Nothing in clause 12.2 shall entitle any Lender to receive any amount in respect of compensation for any such liability to Taxes, increased or additional cost, reduction, payment, foregone return or loss to the extent that the same is the subject of an additional payment under clause 6.66.7 or which arises as a result of any deterioration in the credit rating of any Lender.
Appears in 1 contract
Exception. Nothing in clause 12.2 shall entitle any Lender to receive any amount in respect of compensation for any such liability to Taxes, increased or additional cost, reduction, payment, foregone return or loss to the extent that the same is the subject of an additional payment under clause 6.6.. Table of Contents
Appears in 1 contract
Exception. Nothing in clause 12.2 shall entitle any the Lender to receive any amount in respect of compensation for any such liability to Taxes, increased or additional cost, reduction, payment, foregone return or loss to the extent that the same is the subject of an additional payment under clause 6.6.
Appears in 1 contract
Exception. Nothing in clause 12.2 13.2 shall entitle any Lender to receive any amount in respect of compensation for any such liability to Taxes, increased or additional cost, reduction, payment, foregone return or loss (a) to the extent that the same is taken into account in calculating the Additional Cost or (b) to the extent that the same is the subject of an additional payment under clause 6.60.
Appears in 1 contract
Exception. Nothing in clause 12.2 Clause 14 shall entitle any the Lender to receive any amount in respect of compensation for any such liability to Taxes, increased or additional cost, reduction, payment, foregone return or loss to the extent that the same is the subject of an additional payment under clause 6.6Clause 8.6 (Grossing-up for Taxes β by the Borrowers).
Appears in 1 contract
Exception. Nothing in clause 12.2 shall entitle any Lender to receive any amount in respect of compensation for any such liability to Taxes, increased or additional cost, reduction, payment, foregone return or loss to the extent that the same is the subject of an additional payment under clause 6.66.6 or attributable to a FATCA Deduction required to be made by a party to any Security Document.
Appears in 1 contract
Exception. Nothing in clause 12.2 shall entitle any the Lender to receive any amount in respect of relating to compensation for any such liability to Taxes, increased or additional cost, reduction, payment, foregone return or loss to the extent that the same is the subject of an additional payment under clause 5.3, 5.4 or 6.6.
Appears in 1 contract
Sources: Secured Loan Agreement (Navios Maritime Holdings Inc.)