MANDATED LEAD ARRANGER. SIGNED by ) for and on behalf of ) HSH NORDBANK AG ) CO-ARRANGER SIGNED by ) for and on behalf of ) DnB NOR BANK ASA ) FACILITY AGENT SIGNED by ) for and on behalf of ) HSH NORDBANK AG ) SECURITY TRUSTEE SIGNED by ) for and on behalf of ) HSH NORDBANK AG ) Witness to all the ) above signatures ) Name: Address: COUNTERSIGNED this day 30th of June 2010 for and on behalf of the following Security Parties each of which, by its execution hereof, confirms and acknowledges that it has read and understood the terms and conditions of this Second Supplemental Agreement, that it agrees in all respects to the same and that the Finance Documents to which it is a party shall remain in full force and effect and shall continue to stand as security for the obligations of the Borrower under the Loan Agreement and the other Finance Documents. for and on behalf of for and on behalf of BAYMONT ENTERPRISES INCORPORATED FORBES MARITIME CO. for and on behalf of for and on behalf of WIND DANCER SHIPPING INC. BELERION MARITIME CO. for and on behalf of for and on behalf of XXXXXX XXXXXXXXXXX INC. ATLANTAS MARITIME CO.
MANDATED LEAD ARRANGER. EXECUTED and DELIVERED as a DEED ) by ) THE ROYAL BANK OF SCOTLAND PLC ) acting by Xxxxxx X. Xxxxxxx ) /s/ Xxxxxx X. Xxxxxxx its duly authorised attorney-in-fact ) in the presence of: /s/ Xxxxx Xxxxxxx ) BOOKRUNNER EXECUTED and DELIVERED as a DEED ) by ) THE ROYAL BANK OF SCOTLAND PLC ) acting by Xxxxxx X. Xxxxxxx ) /s/ Xxxxxx X. Xxxxxxx its duly authorised attorney-in-fact ) in the presence of: /s/ Xxxxx Xxxxxxx ) AGENT EXECUTED and DELIVERED as a DEED ) by ) THE ROYAL BANK OF SCOTLAND PLC ) acting by ) its duly authorised attorney-in-fact ) in the presence of: ) SECURITY TRUSTEE EXECUTED and DELIVERED as a DEED ) by ) THE ROYAL BANK OF SCOTLAND PLC ) acting by Xxxxxx X. Xxxxxxx ) /s/ Xxxxxx X. Xxxxxxx ) its duly authorised attorney-in-fact ) in the presence of: /s/ Xxxxx Xxxxxxx ) SWAP BANK EXECUTED and DELIVERED as a DEED ) by ) THE ROYAL BANK OF SCOTLAND PLC ) acting by Xxxxxx X. Xxxxxxx ) /s/ Xxxxxx X. Xxxxxxx ) its duly authorised attorney-in-fact ) in the presence of: /s/ Xxxxx Xxxxxxx ) FORM OF AMENDED AND RESTATED LOAN AGREEMENT AS AMENDED Dated as of 29 March 2007 ARGYLE MARITIME CORP. XXXXX MARITIME CORP. DORCHESTER MARITIME CORP. LONGWOODS MARITIME CORP. XxXXXXX MARITIME CORP. SUNSWYCK MARITIME CORP. as Joint and Several Borrowers – and – THE BANKS AND FINANCIAL INSTITUTIONS listed in Schedule 1 as Lenders – and – THE ROYAL BANK OF SCOTLAND plc as Mandated Lead Arranger – and – THE ROYAL BANK OF SCOTLAND plc as Bookrunner, Agent, Security Trustee and Swap Bank LOAN AGREEMENT relating to a term loan facility of US$150,000,000 INDEX Clause Page 3 POSITION OF THE LENDERS AND THE SWAP BANK 20 6 INTEREST PERIODS 24 7 DEFAULT INTEREST 25 8 REPAYMENT AND PREPAYMENT 26 9 CONDITIONS PRECEDENT 28 10 REPRESENTATIONS AND WARRANTIES 30 11 GENERAL UNDERTAKINGS AND FINANCIAL COVENANTS 32 12 CORPORATE UNDERTAKINGS 37 13 INSURANCE 38 14 SHIP COVENANTS 43 15 SECURITY COVER 46 16 PAYMENTS AND CALCULATIONS 47 17 APPLICATION OF RECEIPTS 49 18 EARNINGS ACCOUNT AND XXXXXXX EARNINGS ACCOUNT 50 19 EVENTS OF DEFAULT 51 20 FEES AND EXPENSES 56 21 INDEMNITIES 58 22 NO SET-OFF OR TAX DEDUCTION 60 23 ILLEGALITY, ETC 61 24 INCREASED COSTS 61 25 SET‑OFF 63 26 TRANSFERS AND CHANGES IN LENDING OFFICES 64 27 VARIATIONS AND WAIVERS 67 28 NOTICES 67 29 JOINT AND SEVERAL LIABILITY 70 30 SUPPLEMENTAL 71 31 LAW AND JURISDICTION 71 SCHEDULE 1 LENDERS 73 SCHEDULE 2 DRAWDOWN NOTICE 74 SCHEDULE 3 CONDITION PRECEDENT DOCUMENTS 75 SCHEDULE 4 TRANSFER CERTIFICATE 80 SCHEDULE 5 REPAYMENT INS...
MANDATED LEAD ARRANGER. SIGNED by Xxxxxx Xxxxx Xxxxxxx ) for and on behalf of ) /s/ Xxxxxx Xxxxx Xxxxxxx HSH NORDBANK AG ) CO-ARRANGER SIGNED by Xxxxxx Xxxxx Xxxxxxx ) for and on behalf of ) /s/ Xxxxxx Xxxxx Xxxxxxx DNB BANK ASA ) FACILITY AGENT SIGNED by Xxxxxx Xxxxx Xxxxxxx ) for and on behalf of ) /s/ Xxxxxx Xxxxx Xxxxxxx HSH NORDBANK AG ) SECURITY TRUSTEE SIGNED by Xxxxxx Xxxxx Xxxxxxx ) for and on behalf of ) /s/ Xxxxxx Xxxxx Xxxxxxx HSH NORDBANK AG ) Witness to all the ) above signatures ) /s/ Christofors Bismpikos Name: Christoforos Bismpikos, Solicitor Address: Xxxxxx, Xxxxxx & Xxxxxxxx, 00 Xxxx Xxxxxxx, Xxxxxxx 00000 – Greece COUNTERSIGNED this day 21 of December 2012 for and on behalf of the following Security Parties each of which, by its execution hereof, confirms and acknowledges that it has read and understood the terms and conditions of this Agreement, that it agrees in all respects to the same and that the Finance Documents to which it is a party shall remain in full force and effect and shall continue to stand as security for the obligations of the Borrower under the Loan Agreement and the other Finance Documents. /s/ Xxxxxxxxx Xxxxxxxxxxx /s/ Xxxxxxxxx Xxxxxxxxxxx Xxxxxxxxx Xxxxxxxxxxx Xxxxxxxxx Xxxxxxxxxxx for and on behalf of for and on behalf of WIND DANCER SHIPPING INC. BELERION MARITIME CO. /s/ Xxxxxxxxx Xxxxxxxxxxx /s/ Xxxxxxxxx Xxxxxxxxxxx Xxxxxxxxx Xxxxxxxxxxx Xxxxxxxxx Xxxxxxxxxxx for and on behalf of for and on behalf of EPICURUS SHIPPING COMPANY AIAS CARRIERS CORP. /s/ Xxxxxxxxx Xxxxxxxxxxx /s/ Xxxxxxxxx Xxxxxxxxxxx Xxxxxxxxx Xxxxxxxxxxx Xxxxxxxxx Xxxxxxxxxxx for and on behalf of for and on behalf of MILTIADIS MII CARRIERS CORP. BAYMONT ENTERPRISES INCORPORATED
MANDATED LEAD ARRANGER. Executed by CRÉDIT INDUSTRIEL ET COMMERCIAL ) acting by /s/ Txxxxx Xxxxxx and /s/ Franęais Guiffart ) duly authorised by CRÉDIT INDUSTRIEL ET COMMERCIAL ) to sign on its behalf, in the presence of: Witness’s Signature: /s/ Philippe Gibon Name: Philippe Gibon Address: 6, xxxxxx xx Xxxxxxxx 00000 Xxxxx Xxxxxx Security Agent Executed by BNP PARIBAS ) acting by /s/ Ixxxx Xxxxxxxxxxx and /s/ Lxxx xx Xxxxx ) duly authorised by BNP PARIBAS ) to sign on its behalf, ) in the presence of: Witness’s Signature: /s/ Txxxxx Xxxx Mefano Name: Txxxxx Xxxx Mefano Address: 37, Px. xx Xxxxxx Xx. Xxxxxx - 00000 Xxxxx - Xxxxxx
MANDATED LEAD ARRANGER. SIGNED by Xxxxxx Xxxxx Xxxxxxx ) for and on behalf of ) /s/ Xxxxxx Xxxxx Xxxxxxx HSH NORDBANK AG ) CO-ARRANGER SIGNED by Xxxxxx Xxxxx Xxxxxxx ) for and on behalf of ) /s/ Xxxxxx Xxxxx Xxxxxxx DNB BANK ASA ) FACILITY AGENT SIGNED by Xxxxxx Xxxxx Xxxxxxx ) for and on behalf of ) /s/ Xxxxxx Xxxxx Xxxxxxx HSH NORDBANK AG )
MANDATED LEAD ARRANGER. SIGNED by ) for and on behalf of ) ING BANK N.V., LONDON BRANCH ) AGENT AND SECURITY TRUSTEE SIGNED by ) for and on behalf of ) ING BANK N.V., LONDON BRANCH ) Witness to the above ) signatures: ) Name: Address:
MANDATED LEAD ARRANGER. SECURITY TRUSTEE SIGNED by ) Evaggelia Hatziefstratial ) for and on behalf of ) NORDDEUTSCHE LANDESBANK ) GIROZENTRALE ) BOOKRUNNER
MANDATED LEAD ARRANGER. SIGNED by XXXXXXXXX XXXXXXXXXXXX ) /s/ XXXXXXXXX XXXXXXXXXXXX for and on behalf of ) NORDDEUTSCHE LANDESBANK ) GIROZENTRALE ) BOOKRUNNER SIGNED by XXXXXXXXX XXXXXXXXXXXX ) /s/ XXXXXXXXX XXXXXXXXXXXX for and on behalf of ) NORDDEUTSCHE LANDESBANK ) GIROZENTRALE ) AGENT SIGNED by XXXXXXXXX XXXXXXXXXXXX ) /s/ XXXXXXXXX XXXXXXXXXXXX for and on behalf of ) NORDDEUTSCHE LANDESBANK ) GIROZENTRALE )
MANDATED LEAD ARRANGER. SIGNED by ) ) for and on behalf of ) HAMBURG COMMERCIAL BANK AG ) in the presence of: ) BOOKRUNNER SIGNED by ) for and on behalf of ) HAMBURG COMMERCIAL BANK AG ) in the presence of: ) AGENT SIGNED by ) for and on behalf of ) HAMBURG COMMERCIAL BANK AG ) in the presence of: )
MANDATED LEAD ARRANGER. Mandated Lead Arranger as such shall not have any duties or obligations under or in connection with this Agreement. Sections 16.5, 16.6 and 16.8 shall (where relevant) apply for the benefit of Mandated Lead Arranger as if references therein to Agent were references to it.
