Incorporation of the Loan Agreement provisions. The provisions of clause 23 (Law and Jurisdiction) of the Loan Agreement, as amended and supplemented by this Agreement, shall apply to this Agreement as if they were expressly incorporated in this Agreement with any necessary modifications. This Supplemental & Release Agreement has been duly executed and delivered as a Deed on the date stated at the beginning of this Agreement. EXECUTED as a DEED ) by PLATON MARINE LLC ) acting by Filanthi Katsafadou ) its duly authorised ) attorney-in-fact in the presence of: ) /s/ Filanthi Katsafadou /s/ Xxx Xxxxx Xxx Xxxxx Xxxxxx, Xxxxxx & Xxxxxxxx 000 Xxxxxxx Xxxxxx 000 00 Xxxxxxxxx Xxxxxx - Xxxxxx EXECUTED as a DEED ) by KRONOS MARINE LLC ) acting by Filanthi Katsafadou ) its duly authorised ) attorney-in-fact in the presence of: ) /s/ Filanthi Katsafadou /s/ Xxx Xxxxx Xxx Xxxxx Xxxxxx, Xxxxxx & Xxxxxxxx 000 Xxxxxxx Xxxxxx 000 00 Xxxxxxxxx Xxxxxx - Xxxxxx EXECUTED as a DEED ) by SOCRATES MARINE LLC ) acting by Filanthi Katsafadou ) its duly authorised ) attorney-in-fact in the presence of: ) /s/ Filanthi Katsafadou /s/ Xxx Xxxxx Xxx Xxxxx Xxxxxx, Xxxxxx & Xxxxxxxx 000 Xxxxxxx Xxxxxx 000 00 Xxxxxxxxx Xxxxxx - Xxxxxx EXECUTED as a DEED ) by REA MARINE LLC ) acting by Filanthi Katsafadou ) its duly authorised ) attorney-in-fact in the presence of: ) /s/ Filanthi Katsafadou /s/ Xxx Xxxxx Xxx Xxxxx Xxxxxx, Xxxxxx & Xxxxxxxx 000 Xxxxxxx Xxxxxx 000 00 Xxxxxxxxx Xxxxxx - Xxxxxx EXECUTED as a DEED ) by ABN AMRO BANK N.V. ) acting by Xxxxxxx Xxxxxxxxxxxxx ) its duly authorised ) attorney-in-fact in the presence of: ) /s/ Xxxxxxx Xxxxxxxxxxxxx /s/ Xxx Xxxxx Xxx Xxxxx Xxxxxx, Xxxxxx & Xxxxxxxx 000 Xxxxxxx Xxxxxx 000 00 Xxxxxxxxx Xxxxxx - Xxxxxx EXECUTED as a DEED ) by ABN AMRO BANK N.V. ) acting by Xxxxxxx Xxxxxxxxxxxxx ) its duly authorised ) attorney-in-fact in the presence of: ) /s/ Xxxxxxx Xxxxxxxxxxxxx /s/ Xxx Xxxxx Xxx Xxxxx Xxxxxx, Xxxxxx & Xxxxxxxx 000 Xxxxxxx Xxxxxx 000 00 Xxxxxxxxx Xxxxxx - Xxxxxx EXECUTED as a DEED ) by ABN AMRO BANK N.V. ) acting by Xxxxxxx Xxxxxxxxxxxxx ) its duly authorised ) attorney-in-fact in the presence of: ) /s/ Xxxxxxx Xxxxxxxxxxxxx /s/ Xxx Xxxxx Xxx Xxxxx Xxxxxx, Xxxxxx & Xxxxxxxx 000 Xxxxxxx Xxxxxx 176 74 Kallithea Athens – Greece 1. Hong Kong Ship Mortgage dated 5 December 2011 executed by Platon marine LLC in favour of ABN AMRO BANK N.V. (Charge Registration No. 2012000407). 2. Deed of Assignment dated 5 December 2011 executed by Platon Marine LLC in favour of ABN AMRO BANK N.V. (Charge Registration No. 2012000410). 3. Deed of Covenants dated 5 December 2011 executed by Platon Marine LLC in favour of ABN AMRO BANK N.V. (Charge Registration No. 2012000413). 4. Hong Kong Ship Mortgage dated 15 December 2011 executed by Rea Marine LLC in favour of ABN AMRO BANK N.V. (Charge Registration No. 2012001269). 5. Deed of Assignment dated 15 December 2011 executed by Rea Marine LLC in favour of ABN AMRO BANK N.V. (Charge Registration No. 2012001755). 6. Deed of Covenants dated 15 December 2011 executed by Rea Marine LLC in favour of ABN AMRO BANK N.V. (Charge Registration No. 2012001270). 7. Hong Kong Ship Mortgage dated 20 December 2011 executed by Kronos Marine LLC in favour of ABN AMRO BANK N.V. (Charge Registration No. 2012001257). 8. Deed of Assignment dated 20 December 2011 executed by Kronos Marine LLC in favour of ABN AMRO BANK N.V. (Charge Registration No. 0000000000). 9. Deed of Covenants dated 20 December 2011 executed by Kronos Marine LLC in favour of ABN AMRO BANK N.V. (Charge Registration No. 2012001756). 10. Hong Kong Ship Mortgage dated 14 December 2011 executed by Socrates Marine LLC in favour of ABN AMRO BANK N.V. (Charge Registration No. 2012001263). 11. Deed of Assignment dated 14 December 2011 executed by Socrates Marine LLC in favour of ABN AMRO BANK N.V. (Charge Registration No. 2012001265). 12. Deed of Covenants dated 14 December 2011 executed by Socrates Marine LLC in favour of ABN AMRO BANK N.V. (Charge Registration No. 2012001267).
Appears in 1 contract
Samples: Supplemental & Release Agreement (Poseidon Containers Holdings Corp.)
Incorporation of the Loan Agreement provisions. The provisions of clause 23 31 (Law law and Jurisdiction) of the Loan Agreement, as amended and supplemented by this Supplemental Agreement, shall apply to this Supplemental Agreement as if they were expressly incorporated Incorporated in this Supplemental Agreement with any necessary modifications. This Supplemental & Release Agreement THIS SUPPLEMENTAL AGREEMENT has been duly executed and delivered as a Deed on the date stated at the beginning of this Supplemental Agreement. EXECUTED as a DEED SIGNED by XXXXXXXXX XXXXXX ) by PLATON MARINE LLC ) acting by Filanthi Katsafadou ) its duly authorised ) attorney-in-fact in the presence of: for and on behalf of ) /s/ Filanthi Katsafadou Xxxxxxxxx Xxxxxx AMATHUS OWNING COMPANY LIMITED ) such execution being witnessed by ) Signature of witness /s/ Xxxxxx X. Xxxxxxxxx Attorney-at-law 00 Xx. Xxxxxxxxxxxx Xxxxxx - 00000 Xxxxxxx Xxxxxx, Xxxxxx Tel.: +30210 0000000 Fax: +30210 0000000 SIGNED by XXXXXXXXX XXXXXX ) for and on behalf of ) /s/ Xxxxxxxxx Xxxxxx SYMI OWNERS INC. ) such execution being witnessed by ) Signature of witness /s/ Xxxxxx X. Xxxxxxxxx Attorney-at-law 00 Xx. Xxxxxxxxxxxx Xxxxxx - 00000 Xxxxxxx Xxxxxx, Xxxxxx Tel.: +30210 0000000 Fax: +30210 0000000 SIGNED by XXXXXXXXX XXXXXX ) for and on behalf of ) /s/ Xxxxxxxxx Xxxxxx KALYMNOS OWNERS INC. ) such execution being witnessed by ) Signature of witness /s/ Xxxxxx X. Xxxxxxxxx Attorney-at-law 00 Xx. Xxxxxxxxxxxx Xxxxxx - 00000 Xxxxxxx Xxxxxx, Xxxxxx Tel.: +30210 0000000 Fax: +30210 0000000 SIGNED by XXXXXXXXX XXXXXX ) for and on behalf of ) /s/ Xxxxxxxxx Xxxxxx DRYSHIPS INC. ) such execution being witnessed by ) Signature of witness /s/ Xxxxxx X. Xxxxxxxxx Attorney-at-law 00 Xx. Xxxxxxxxxxxx Xxxxxx - 00000 Xxxxxxx Xxxxxx, Xxxxxx Tel.: +30210 0000000 Fax: +30210 0000000 SIGNED by Xxxxxxxxx Xxxxxxxxxxxx ) for and on behalf of ) /s/ Xxxxxxxxx Xxxxxxxxxxxx HSH NORDBANK AG ) such execution being witnessed by ) Signature of witness /s/ Xxx Xxxxx Xxx Xxxxx XxxxxxXXXXXX, Xxxxxx XXXXXX & Xxxxxxxx XXXXXXXX 000 Xxxxxxx Xxxxxx XXXXXXX XXXXXX 000 00 XXXXXXXXX XXXXXX, XXXXXX SIGNED by Xxxxxxxxx Xxxxxx - Xxxxxx EXECUTED as a DEED Xxxxxxxxxxxx ) by KRONOS MARINE LLC ) acting by Filanthi Katsafadou ) its duly authorised ) attorney-in-fact in the presence of: for and on behalf of ) /s/ Filanthi Katsafadou Xxxxxxxxx Xxxxxxxxxxxx HSH NORDBANK AG ) such execution being witnessed by ) Signature of witness /s/ Xxx Xxxxx Xxx Xxxxx XxxxxxXXXXXX, Xxxxxx XXXXXX & Xxxxxxxx XXXXXXXX 000 Xxxxxxx Xxxxxx XXXXXXX XXXXXX 000 00 XXXXXXXXX XXXXXX, XXXXXX SIGNED by Xxxxxxxxx Xxxxxx - Xxxxxx EXECUTED as a DEED Xxxxxxxxxxxx ) by SOCRATES MARINE LLC ) acting by Filanthi Katsafadou ) its duly authorised ) attorney-in-fact in the presence of: for and on behalf of ) /s/ Filanthi Katsafadou Xxxxxxxxx Xxxxxxxxxxxx HSH NORDBANK AG ) such execution being witnessed by ) Signature of witness /s/ Xxx Xxxxx Xxx Xxxxx XxxxxxXXXXXX, Xxxxxx XXXXXX & Xxxxxxxx XXXXXXXX 000 Xxxxxxx Xxxxxx XXXXXXX XXXXXX 000 00 XXXXXXXXX XXXXXX, XXXXXX SIGNED by Xxxxxxxxx Xxxxxx - Xxxxxx EXECUTED as a DEED Xxxxxxxxxxxx ) by REA MARINE LLC ) acting by Filanthi Katsafadou ) its duly authorised ) attorney-in-fact in the presence of: for and on behalf of ) /s/ Filanthi Katsafadou Xxxxxxxxx Xxxxxxxxxxxx HSH NORDBANK AG ) such execution being witnessed by ) Signature of witness /s/ Xxx Xxxxx Xxx Xxxxx XxxxxxXXXXXX, Xxxxxx XXXXXX & Xxxxxxxx XXXXXXXX 000 Xxxxxxx Xxxxxx XXXXXXX XXXXXX 000 00 XXXXXXXXX XXXXXX, XXXXXX SIGNED by Xxxxxxxxx Xxxxxx - Xxxxxx EXECUTED as a DEED Xxxxxxxxxxxx ) by ABN AMRO BANK N.V. ) acting by Xxxxxxx Xxxxxxxxxxxxx ) its duly authorised ) attorney-in-fact in the presence of: for and on behalf of ) /s/ Xxxxxxx Xxxxxxxxxxxxx Xxxxxxxxx Xxxxxxxxxxxx HSH NORDBANK AG ) such execution being witnessed by ) Signature of witness /s/ Xxx Xxxxx Xxx Xxxxx XxxxxxXXXXXX, Xxxxxx XXXXXX & Xxxxxxxx XXXXXXXX 000 Xxxxxxx Xxxxxx XXXXXXX XXXXXX 000 00 Xxxxxxxxx Xxxxxx - Xxxxxx EXECUTED XXXXXXXXX XXXXXX, XXXXXX COUNTERSIGNED this 28th day of February 2014 by the Approved Manager which, by its execution hereof confirms and acknowledges that it has read and understood the terms and conditions of the above First 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 a DEED ) by ABN AMRO BANK N.V. ) acting by Xxxxxxx Xxxxxxxxxxxxx ) its duly authorised ) attorney-in-fact in security for the presence of: ) /s/ Xxxxxxx Xxxxxxxxxxxxx /s/ Xxx Xxxxx Xxx Xxxxx Xxxxxx, Xxxxxx & Xxxxxxxx 000 Xxxxxxx Xxxxxx 000 00 Xxxxxxxxx Xxxxxx - Xxxxxx EXECUTED as a DEED ) by ABN AMRO BANK N.V. ) acting by Xxxxxxx Xxxxxxxxxxxxx ) its duly authorised ) attorney-in-fact in obligations of the presence of: ) /s/ Xxxxxxx Xxxxxxxxxxxxx /s/ Xxx Xxxxx Xxx Xxxxx Xxxxxx, Xxxxxx & Xxxxxxxx 000 Xxxxxxx Xxxxxx 176 74 Kallithea Athens – Greece
1. Hong Kong Ship Mortgage dated 5 December 2011 executed by Platon marine LLC in favour of ABN AMRO BANK N.V. (Charge Registration No. 2012000407)Borrowers under the Loan Agreement and the Master Agreement.
2. Deed of Assignment dated 5 December 2011 executed by Platon Marine LLC in favour of ABN AMRO BANK N.V. (Charge Registration No. 2012000410).
3. Deed of Covenants dated 5 December 2011 executed by Platon Marine LLC in favour of ABN AMRO BANK N.V. (Charge Registration No. 2012000413).
4. Hong Kong Ship Mortgage dated 15 December 2011 executed by Rea Marine LLC in favour of ABN AMRO BANK N.V. (Charge Registration No. 2012001269).
5. Deed of Assignment dated 15 December 2011 executed by Rea Marine LLC in favour of ABN AMRO BANK N.V. (Charge Registration No. 2012001755).
6. Deed of Covenants dated 15 December 2011 executed by Rea Marine LLC in favour of ABN AMRO BANK N.V. (Charge Registration No. 2012001270).
7. Hong Kong Ship Mortgage dated 20 December 2011 executed by Kronos Marine LLC in favour of ABN AMRO BANK N.V. (Charge Registration No. 2012001257).
8. Deed of Assignment dated 20 December 2011 executed by Kronos Marine LLC in favour of ABN AMRO BANK N.V. (Charge Registration No. 0000000000).
9. Deed of Covenants dated 20 December 2011 executed by Kronos Marine LLC in favour of ABN AMRO BANK N.V. (Charge Registration No. 2012001756).
10. Hong Kong Ship Mortgage dated 14 December 2011 executed by Socrates Marine LLC in favour of ABN AMRO BANK N.V. (Charge Registration No. 2012001263).
11. Deed of Assignment dated 14 December 2011 executed by Socrates Marine LLC in favour of ABN AMRO BANK N.V. (Charge Registration No. 2012001265).
12. Deed of Covenants dated 14 December 2011 executed by Socrates Marine LLC in favour of ABN AMRO BANK N.V. (Charge Registration No. 2012001267).
Appears in 1 contract
Incorporation of the Loan Agreement provisions. The provisions of clause 23 30 (Law law and Jurisdictionjurisdiction) of the Loan Agreement, as amended and supplemented restated by this Agreement, shall apply to this Agreement as if they were expressly incorporated in this Agreement with any necessary modifications. This Supplemental & Release Agreement THIS AGREEMENT has been duly executed and delivered as a Deed by or on behalf of the parties and has, on the date stated at the beginning of this Agreement. EXECUTED Agreement been delivered as a DEED Deed. Fokus Bank (being the Norwegian Branch of Xxxxxx Xxxx X/X) by PLATON MARINE LLC Xxxxxx xxxx 00X-0000 XxxxxxxxxXxxxxxXxxx: Internasjonal FinansieringFax No: +00 00 00 00 00 EXECUTED AND DELIVERED) acting by Filanthi Katsafadou AS A DEED) its duly authorised for and on behalf of: /s/Xxxxxxxxx Xxxx-Xxxxxx Attorney in Fact in the presence of:/s/ Xxxxx Xxxx ,Trainee Solicitor for and on behalf of: /s/Xxxxxxxxx Xxxx-Xxxxxx XXXXX LNG LIMITED ) attorney-in-fact Attorney in Fact in the presence of: ) :/s/ Filanthi Katsafadou /s/ Xxx Xxxxx Xxx Xxxxx XxxxxxXxxx ,Trainee Solicitor for and on behalf of: /s/Xxxxxx Xxxx, Xxxxxx & Xxxxxxxx 000 Xxxxxxx Xxxxxx 000 00 Xxxxxxxxx Xxxxxx - Xxxxxx EXECUTED as a DEED ) by KRONOS MARINE LLC ) acting by Filanthi Katsafadou ) its duly authorised ) attorney-in-fact Attorney in Fact in the presence of: :/s/ Xxxxx Xxxx,Trainee Solicitor for and on behalf of ddb as ) /s/ Filanthi Katsafadou /s/ Xxx Xxxxx Xxx Xxxxx Xxxxxx/s/Xxxxxx Xxxx , Xxxxxx & Xxxxxxxx 000 Xxxxxxx Xxxxxx 000 00 Xxxxxxxxx Xxxxxx - Xxxxxx EXECUTED as a DEED ) by SOCRATES MARINE LLC ) acting by Filanthi Katsafadou ) its duly authorised ) attorney-in-fact Attorney in Fact in the presence of: ) :/s/ Filanthi Katsafadou /s/ Xxx Xxxxx Xxx Xxxxx XxxxxxXxxx,Trainee Solicitor for and on behalf of /s/Xxxxxx Xxxx, Xxxxxx & Xxxxxxxx 000 Xxxxxxx Xxxxxx 000 00 Xxxxxxxxx Xxxxxx - Xxxxxx EXECUTED as a DEED ) by REA MARINE LLC ) acting by Filanthi Katsafadou ) its duly authorised ) attorney-in-fact Attorney in Fact in the presence of: :/s/ Xxxxx Xxxx,Trainee Solicitor for and on behalf of FOKUS BANK /s/Xxxxxx Xxxx, Attorney in Fact of Danske Bank A/S) /s/ Filanthi Katsafadou /s/ Xxx Xxxxx Xxx Xxxxx Xxxxxx, Xxxxxx & Xxxxxxxx 000 Xxxxxxx Xxxxxx 000 00 Xxxxxxxxx Xxxxxx - Xxxxxx EXECUTED as a DEED ) by ABN AMRO BANK N.V. ) acting by Xxxxxxx Xxxxxxxxxxxxx ) its duly authorised ) attorney-in-fact in the presence of: ) :/s/ Xxxxxxx Xxxxxxxxxxxxx /s/ Xxx Xxxxx Xxx Xxxxx XxxxxxXxxx,Trainee Solicitor for and on behalf of /s/Xxxxxx Xxxx, Xxxxxx & Xxxxxxxx 000 Xxxxxxx Xxxxxx 000 00 Xxxxxxxxx Xxxxxx - Xxxxxx EXECUTED as a DEED ) by ABN AMRO BANK N.V. ) acting by Xxxxxxx Xxxxxxxxxxxxx ) its duly authorised ) attorney-in-fact Attorney in Fact in the presence of: :/s/ Xxxxx Xxxx,Trainee Solicitor Amendments are indicated as follows: 1 additions are indicated by underlined text; and 2 deletions are shown by the relevant text being struck out. DDB AS (formerly known as Fokus Bank ASA) /s/ Xxxxxxx Xxxxxxxxxxxxx /s/ Xxx Xxxxx Xxx as Security Trustee 1INTERPRETATION 1 2FACILITY 13 3POSITION OF THE LENDERS AND THE SWAP BANK 13 4DRAWDOWN 14 5INTEREST 14 6INTEREST PERIODS 16 7DEFAULT INTEREST 17 8REPAYMENT AND PREPAYMENT 18 9CONDITIONS PRECEDENT 20 10REPRESENTATIONS AND WARRANTIES 20 12CORPORATE UNDERTAKINGS 26 13INSURANCE 27 14SHIP COVENANTS 30 15SECURITY COVER 33 16PAYMENTS AND CALCULATIONS 34 17APPLICATION OF RECEIPTS 36 18APPLICATION OF EARNINGS 37 19EVENTS OF DEFAULT 37 20FEES AND EXPENSES 41 21INDEMNITIES 42 22NO SET-OFF OR TAX DEDUCTION 44 23ILLEGALITY, ETC 45 24INCREASED COSTS 45 25SET‑OFF 47 26TRANSFERS AND CHANGES IN LENDING OFFICES 47 27VARIATIONS AND WAIVERS 50 28NOTICES 51 29SUPPLEMENTAL 53 30LAW AND JURISDICTION 53 SCHEDULE 1 LENDERS AND COMMITMENTS55 SCHEDULE 2 DRAWDOWN NOTICE56 SCHEDULE 3 CONDITION PRECEDENT DOCUMENTS57 FER CERTIFICATE 59 SCHEDULE 5 MANDATORY COST FORMULA63 SCHEDULE 6 LIST OF APPROVED SHIPBROKERS65 THIS AGREEMENT is made on 19 April 2006 and is amended and restated on [l] 2008 BETWEEN:
(1) GOLAR LNG 2234 CORPORATION, a corporation incorporated in the Republic of Liberia whose registered office is at 00 Xxxxx Xxxxxx, Xxxxxx & Xxxxxxxx 000 Xxxxxxxx, Xxxxxxx Xxxxxx 000 00 Xxxxxxxxx Xxxxxx - Xxxxxx EXECUTED (the “Borrower”);
(2) THE BANKS AND FINANCIAL INSTITUTIONS listed in Schedule 1, as a DEED Lenders;
(3) by ABN AMRO FOKUS BANK N.V. (being the Norwegian Branch of Danske Bank A/S), as Swap Bank;
(4) acting by Xxxxxxx Xxxxxxxxxxxxx FOKUS BANK (being the Norwegian Branch of Danske Bank A/S), as Agent; and
(5) its duly authorised ) attorney-in-fact in the presence of: ) /s/ Xxxxxxx Xxxxxxxxxxxxx /s/ Xxx Xxxxx Xxx Xxxxx XxxxxxDDB AS (formerly known as Fokus Bank ASA), Xxxxxx & Xxxxxxxx 000 Xxxxxxx Xxxxxx 176 74 Kallithea Athens – Greece
1. Hong Kong Ship Mortgage dated 5 December 2011 executed by Platon marine LLC in favour of ABN AMRO BANK N.V. (Charge Registration No. 2012000407)as Security Trustee.
2. Deed of Assignment dated 5 December 2011 executed by Platon Marine LLC in favour of ABN AMRO BANK N.V. (Charge Registration No. 2012000410).
3. Deed of Covenants dated 5 December 2011 executed by Platon Marine LLC in favour of ABN AMRO BANK N.V. (Charge Registration No. 2012000413).
4. Hong Kong Ship Mortgage dated 15 December 2011 executed by Rea Marine LLC in favour of ABN AMRO BANK N.V. (Charge Registration No. 2012001269).
5. Deed of Assignment dated 15 December 2011 executed by Rea Marine LLC in favour of ABN AMRO BANK N.V. (Charge Registration No. 2012001755).
6. Deed of Covenants dated 15 December 2011 executed by Rea Marine LLC in favour of ABN AMRO BANK N.V. (Charge Registration No. 2012001270).
7. Hong Kong Ship Mortgage dated 20 December 2011 executed by Kronos Marine LLC in favour of ABN AMRO BANK N.V. (Charge Registration No. 2012001257).
8. Deed of Assignment dated 20 December 2011 executed by Kronos Marine LLC in favour of ABN AMRO BANK N.V. (Charge Registration No. 0000000000).
9. Deed of Covenants dated 20 December 2011 executed by Kronos Marine LLC in favour of ABN AMRO BANK N.V. (Charge Registration No. 2012001756).
10. Hong Kong Ship Mortgage dated 14 December 2011 executed by Socrates Marine LLC in favour of ABN AMRO BANK N.V. (Charge Registration No. 2012001263).
11. Deed of Assignment dated 14 December 2011 executed by Socrates Marine LLC in favour of ABN AMRO BANK N.V. (Charge Registration No. 2012001265).
12. Deed of Covenants dated 14 December 2011 executed by Socrates Marine LLC in favour of ABN AMRO BANK N.V. (Charge Registration No. 2012001267).
Appears in 1 contract
Samples: Amending and Restating Agreement (Golar LNG Partners LP)
Incorporation of the Loan Agreement provisions. The provisions of clause 23 30 (Law law and Jurisdictionjurisdiction) of the Loan Agreement, as amended and supplemented restated by this Agreement, shall apply to this Agreement as if they were expressly incorporated in this Agreement with any necessary modifications. This Supplemental & Release Agreement has been duly executed and delivered as a Deed deed on the date stated at the beginning of this Agreement. COMMERZBANK AG Xxxxxxxxx 00 00000 Xxxxxxx Xxxxxxx BORROWER ) ) EXECUTED and DELIVERED as a DEED ) by PLATON MARINE LLC PARAGON SHIPPING INC. ) acting by Filanthi Katsafadou Xxxxxx Xxxxx and Xxxxx Xxxxxxxx ) /s/ Xxxxxx Xxxxx /s/ Xxxxx Xxxxxxxx its duly authorised ) attorney-in-fact in the presence of: ) /s/ Filanthi Katsafadou /s/ Xxx Xxxxx Xxx Xxxxxxx Xxxxx Xxxxxxx Xxxxxx, Xxxxxx & Xxxxxxxx 000 00 Xxxx Xxxxxxx Xxxxxx Xxxxxxx 000 00 Xxxxxxxxx Xxxxxx - Xxxxxx OWNERS ) ) EXECUTED and DELIVERED as a DEED ) by KRONOS MARINE LLC READING NAVIGATION CO. ) acting by Filanthi Katsafadou Xxxxx Xxxxxxxx ) /s/ Xxxxx Xxxxxxxx its duly authorised ) attorney-in-fact in the presence of: /s/ Xxxxx Xxxxxxx Xxxxx Xxxxxxx Xxxxxx, Xxxxxx & Xxxxxxxx 00 Xxxx Xxxxxxx Xxxxxxx 000 00 - Xxxxxx ) EXECUTED and DELIVERED as a DEED ) by XXXXX MARINE CO. ) acting by Xxxxx Xxxxxxxx ) /s/ Xxxxx Xxxxxxxx its duly authorised ) attorney-in-fact in the presence of: ) /s/ Filanthi Katsafadou /s/ Xxx Xxxxx Xxx Xxxxxxx Xxxxx Xxxxxxx Xxxxxx, Xxxxxx & Xxxxxxxx 000 00 Xxxx Xxxxxxx Xxxxxx Xxxxxxx 000 00 Xxxxxxxxx Xxxxxx - Xxxxxx EXECUTED and DELIVERED as a DEED ) by SOCRATES MARINE LLC PROTEA INTERNATIONAL INC. ) acting by Filanthi Katsafadou Xxxxx Xxxxxxxx ) /s/ Xxxxx Xxxxxxxx its duly authorised ) attorney-in-fact in the presence of: ) /s/ Filanthi Katsafadou /s/ Xxx Xxxxx Xxx Xxxxxxx Xxxxx Xxxxxxx Xxxxxx, Xxxxxx & Xxxxxxxx 000 00 Xxxx Xxxxxxx Xxxxxx Xxxxxxx 000 00 Xxxxxxxxx Xxxxxx - Xxxxxx EXECUTED and DELIVERED as a DEED ) by REA MARINE LLC COMMERZBANK AG ) acting by Filanthi Katsafadou Xxxxxxxxx Xxxxxxxxxxxxx ) /s/ Xxxxxxxxx Xxxxxxxxxxxxx its duly authorised ) attorney-in-fact in the presence of: ) /s/ Filanthi Katsafadou /s/ Xxx Xxxxx Xxx Xxxxxxx Xxxxx Xxxxxxx Xxxxxx, Xxxxxx & Xxxxxxxx 000 00 Xxxx Xxxxxxx Xxxxxx Xxxxxxx 000 00 Xxxxxxxxx Xxxxxx - Xxxxxx EXECUTED and DELIVERED as a DEED ) by ABN AMRO BANK N.V. COMMERZBANK AG ) acting by Xxxxxxx Xxxxxxxxx Xxxxxxxxxxxxx ) /s/ Xxxxxxxxx Xxxxxxxxxxxxx its duly authorised ) attorney-in-fact in the presence of: /s/ Xxxxx Xxxxxxx Xxxxx Xxxxxxx Xxxxxx, Xxxxxx & Xxxxxxxx 00 Xxxx Xxxxxxx Xxxxxxx 000 00 - Xxxxxx ) EXECUTED and DELIVERED as a DEED ) by COMMERZBANK AG ) acting by Xxxxxxxxx Xxxxxxxxxxxxx ) /s/ Xxxxxxxxx Xxxxxxxxxxxxx its duly authorised ) attorney-in-fact in the presence of: /s/ Xxxxx Xxxxxxx Xxxxx Xxxxxxx Xxxxxx, Xxxxxx & Xxxxxxxx 00 Xxxx Xxxxxxx Xxxxxxx 000 00 - Xxxxxx ) EXECUTED and DELIVERED as a DEED ) by COMMERZBANK AG ) acting by Xxxxxxxxx Xxxxxxxxxxxxx ) /s/ Xxxxxxxxx Xxxxxxxxxxxxx its duly authorised ) attorney-in-fact in the presence of: ) /s/ Xxxxx Xxxxxxx Xxxxxxxxxxxxx /s/ Xxx Xxxxx Xxx Xxxxx Xxxxxxx Xxxxxx, Xxxxxx & Xxxxxxxx 000 00 Xxxx Xxxxxxx Xxxxxx Xxxxxxx 000 00 Xxxxxxxxx Xxxxxx - Xxxxxx EXECUTED and DELIVERED as a DEED ) by ABN AMRO BANK N.V. COMMERZBANK AG ) acting by Xxxxxxx Xxxxxxxxx Xxxxxxxxxxxxx ) /s/ Xxxxxxxxx Xxxxxxxxxxxxx its duly authorised authorized ) attorney-in-fact in the presence of: ) /s/ Xxxxx Xxxxxxx Xxxxxxxxxxxxx /s/ Xxx Xxxxx Xxx Xxxxx Xxxxxxx Xxxxxx, Xxxxxx & Xxxxxxxx 000 00 Xxxx Xxxxxxx Xxxxxx Xxxxxxx 000 00 Xxxxxxxxx Xxxxxx - Xxxxxx EXECUTED COUNTERSIGNED this 8th day of February 2013 by the following party 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 Document or 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 Master Agreement. /s/ Xxxxx Xxxxxxxx Xxxxx Xxxxxxxx for and on behalf of Amendments are indicated as follows: 1 additions are indicated by underlined text; and 2 deletions are shown by strike-through text. relating to a DEED ) by ABN AMRO BANK N.V. ) acting by Xxxxxxx Xxxxxxxxxxxxx ) its duly authorised ) attorney-in-fact in the presence of: ) /s/ Xxxxxxx Xxxxxxxxxxxxx /s/ Xxx Xxxxx Xxx Xxxxx Xxxxxx, Xxxxxx & Xxxxxxxx 000 Xxxxxxx Xxxxxx 176 74 Kallithea Athens – Greecesecured term loan facility of (originally).
1. Hong Kong Interpretation 1 2 Facility 17 3 Position of the Lenders, the Swap Bank and the Majority Lenders 18 4 Drawdown 19 5 Interest 20 6 Interest Periods 22 7 Default Interest 23 8 Repayment and Prepayment 24 9 Conditions Precedent 28 10 Representations and warranties 29 11 General Undertakings 31 12 Corporate Undertakings 36 13 Insurance 40 14 Ship Mortgage Covenants 45 15 Security Cover 50 16 Payments and Calculations 51 17 Application of Receipts 53 18 Application of Earnings 54 19 Events of Default 56 20 Fees and Expenses 61 21 Indemnities 62 22 No Set-Off or Tax Deduction 64 23 Illegality, etc 65 24 Increased Costs 66 25 Set-Off 67 26. Transfers and changes in Lending Offices 68 27 Variations and Waivers 72 23 Notices 73 29 Supplemental 75 30 Law and Jurisdiction 75 Schedule 1 Lenders 77 Schedule 2 Details of Ships and Owners 78 Schedule 3 condition Precedent Documents 79 Schedule 4 Transfer Certificate 83 Schedule 5 Form of Compliance Certificate 86 Schedule 6 Mandatory Cost Formula 88 Schedule 7 Designation Notice 90 THIS LOAN AGREEMENT is originally made on 12 August 2011 as amended and restated by the Amending and Restating Agreement dated 5 December 2011 executed by Platon marine LLC in favour of ABN AMRO BANK N.V. (Charge Registration No. 2012000407).
2. Deed of Assignment dated 5 December 2011 executed by Platon Marine LLC in favour of ABN AMRO BANK N.V. (Charge Registration No. 2012000410).
3. Deed of Covenants dated 5 December 2011 executed by Platon Marine LLC in favour of ABN AMRO BANK N.V. (Charge Registration No. 2012000413).
4. Hong Kong Ship Mortgage dated 15 December 2011 executed by Rea Marine LLC in favour of ABN AMRO BANK N.V. (Charge Registration No. 2012001269).
5. Deed of Assignment dated 15 December 2011 executed by Rea Marine LLC in favour of ABN AMRO BANK N.V. (Charge Registration No. 2012001755).
6. Deed of Covenants dated 15 December 2011 executed by Rea Marine LLC in favour of ABN AMRO BANK N.V. (Charge Registration No. 2012001270).
7. Hong Kong Ship Mortgage dated 20 December 2011 executed by Kronos Marine LLC in favour of ABN AMRO BANK N.V. (Charge Registration No. 2012001257).
8. Deed of Assignment dated 20 December 2011 executed by Kronos Marine LLC in favour of ABN AMRO BANK N.V. (Charge Registration No. 0000000000).
9. Deed of Covenants dated 20 December 2011 executed by Kronos Marine LLC in favour of ABN AMRO BANK N.V. (Charge Registration No. 2012001756).
10. Hong Kong Ship Mortgage dated 14 December 2011 executed by Socrates Marine LLC in favour of ABN AMRO BANK N.V. (Charge Registration No. 2012001263).
11. Deed of Assignment dated 14 December 2011 executed by Socrates Marine LLC in favour of ABN AMRO BANK N.V. (Charge Registration No. 2012001265).
12. Deed of Covenants dated 14 December 2011 executed by Socrates Marine LLC in favour of ABN AMRO BANK N.V. (Charge Registration No. 2012001267).8 February 2013 BETWEEN:
Appears in 1 contract
Samples: Amending and Restating Agreement (Paragon Shipping Inc.)