Common use of NEWLEAD BULKERS S Clause in Contracts

NEWLEAD BULKERS S. A., a company duly incorporated under the laws of the Republic of Liberia having its registered office at 00 Xxxxx Xxxxxx, Xxxxxxxx, Xxxxxxx and an office established in Greece (83 Akti Miaouli and Flessa Street, GR 185.38 Piraeus) pursuant to the Greek laws 89/67, 378/68, 27/75 and 814/79 (the “Approved Manager”, which expression shall include its successors in title); AND IS SUPPLEMENTAL to: (i) a loan agreement dated 22nd October, 2007 made between (1) the Bank and (2) the Borrower and others, as joint and several borrowers (the “Initial Borrowers”), as amended and/or supplemented by: (a) a First Supplemental Agreement dated 15th June, 2009 and made between (inter alia) the Bank and the Initial Borrowers (the “First Supplemental Agreement”); and (b) a Second Supplemental Agreement dated 28th June, 2010 and made between (inter alia) the Bank and the Initial Borrowers, (the “Second Supplemental Agreement”) on the terms and conditions of which the Bank has advanced to the Initial Borrowers, on a joint and several basis, a loan of up to Thirty two million Dollars ($32,000,000) (the “Loan”) for the purposes therein specified (the said Loan Agreement as amended and/or supplemented by the First Supplemental Agreement and the Second Supplemental Agreement is hereinafter called the “Principal Agreement”) (the Principal Agreement as hereby amended and as the same may hereinafter be amended and/or supplemented is hereinafter called the “Loan Agreement”); (ii) a 1992 ISDA Master Agreement dated 22nd October 2007 as amended and/or supplemented by the First Supplemental Agreement and the Second Supplemental Agreement (the “Principal ISDA Master Agreement”) made between the Initial Borrowers, as Party B and the Bank, as Party A.

NEWLEAD BULKERS S. A., a company duly incorporated under the laws of the Republic of Liberia having its registered office at 00 Xxxxx Xxxxxx, Xxxxxxxx, Xxxxxxx and an office established in Greece (83 Akti Miaouli and Flessa Street, GR 185.38 Piraeus) pursuant to the Greek laws 89/67, 378/68, 27/75 and 814/79 (the “Approved Manager”, which expression shall include its successors in title); AND IS SUPPLEMENTAL to: (i) to a loan agreement dated 22nd October29th November, 2007 2006 made between (1) the Bank Bank, as lender and (2) the Borrower and othersBorrower, as joint and several borrowers (the “Initial Borrowers”)borrower, as amended and/or supplemented by: (a) a First Supplemental Agreement dated 15th June7th August, 2009 and made between (inter aliaalios) the Bank and the Initial Borrowers Borrower (the “First Supplemental Agreement”); and; (b) a Second Supplemental Agreement dated 28th June9th April, 2010 and made between (inter aliaalios) the Bank Bank, the Borrower and the Initial BorrowersApproved Manager (the “Second Supplemental Agreement”); and (c) a Third Supplemental Agreement dated 2nd July, 2010 and made between (inter alios) the Bank, the Borrower, the Corporate Guarantor and the Approved Manager, (the “Second Third Supplemental Agreement”) on the terms and conditions of which the Bank has advanced to the Initial Borrowers, on Borrower a joint and several basis, a secured multi-currency loan facility of up to Thirty two Fourteen million seven hundred fifty thousand United States Dollars ($32,000,000US$14,750,000) or the equivalent thereof in an Optional Currency (the “Loan”) for the purposes therein specified (the said Loan Agreement as amended and/or supplemented by the First Supplemental Agreement, the Second Supplemental Agreement and the Second Third Supplemental Agreement is hereinafter called the “Principal Agreement”) (the Principal Agreement as hereby amended and as the same may hereinafter be further amended and/or supplemented is hereinafter called the “Loan Agreement”); (ii) a 1992 ISDA Master Agreement dated 22nd October 2007 as amended and/or supplemented by the First Supplemental Agreement and the Second Supplemental Agreement (the “Principal ISDA Master Agreement”) made between the Initial Borrowers, as Party B and the Bank, as Party A..

NEWLEAD BULKERS S. A., a company duly incorporated under the laws of the Republic of Liberia having its registered office at 00 Xxxxx Xxxxxx, Xxxxxxxx, Xxxxxxx and an office established in Greece (83 Akti Miaouli and Flessa Street, GR 185.38 Piraeus) pursuant to the Greek laws 89/67, 378/68, 27/75 and 814/79 (the “Approved Manager”, which expression shall include its successors in title); AND IS SUPPLEMENTAL to: (i) a loan agreement dated 22nd October, 2007 made between (1) the Bank and (2) the Borrower and others, as joint and several borrowers (the “Initial Borrowers”), as amended and/or supplemented by: (a) a First Supplemental Agreement dated 15th June, 2009 and made between (inter alia) the Bank and the Initial Borrowers (the “First Supplemental Agreement”); and (b) a Second Supplemental Agreement dated 28th June, 2010 and made between (inter alia) the Bank and the Initial Borrowers, (the “Second Supplemental Agreement”); and (c) a Third Supplemental Agreement dated 9th July, 2010 and made between (inter alia) the Bank and the Borrower, the Corporate Guarantor and the Approved Manager (the “Third Supplemental Agreement”); on the terms and conditions of which the Bank has advanced to the Initial Borrowers, on a joint and several basis, a loan of up to Thirty two million Dollars ($32,000,000) (the “Loan”) for the purposes therein specified (the said Loan Agreement as amended and/or supplemented by the First Supplemental Agreement, the Second Supplemental Agreement and the Second Third Supplemental Agreement is hereinafter called the “Principal Agreement”) (the Principal Agreement as hereby amended and as the same may hereinafter be amended and/or supplemented is hereinafter called the “Loan Agreement”); (ii) a 1992 ISDA Master Agreement dated 22nd October 2007 as amended and/or supplemented by the First Supplemental Agreement and the Second Supplemental Agreement (the “Principal ISDA Master Agreement”) made between the Initial Borrowers, as Party B and the Bank, as Party A.A as amended and/or supplemented by the First Supplemental Agreement, the Second Supplemental Agreement and the Third Supplemental Agreement (the “Principal ISDA Master Agreement”).

NEWLEAD BULKERS S. A., a company duly incorporated under the laws of the Republic of Liberia having its registered office at 00 Xxxxx Xxxxxx, Xxxxxxxx, Xxxxxxx and an office established in Greece (83 Akti Miaouli and Flessa Street, GR 185.38 Piraeus) pursuant to the Greek laws 89/67, 378/68, 27/75 and 814/79 (the “Approved Manager”, which expression shall include its successors in title); AND IS SUPPLEMENTAL to: (i) to a loan agreement dated 22nd October29th November, 2007 2006 made between (1) the Bank Bank, as lender and (2) the Borrower and othersBorrower, as joint and several borrowers (the “Initial Borrowers”)borrower, as amended and/or supplemented by: (a) a First Supplemental Agreement dated 15th June7th August, 2009 and made between (inter aliaalios) the Bank Bank, the Borrower and the Initial Borrowers Existing Corporate Guarantor (the “First Supplemental Agreement”); and (b) a Second Supplemental Agreement dated 28th June9th April, 2010 and made between (inter aliaalios) the Bank Bank, the Borrower, the Existing Corporate Guarantor and the Initial BorrowersApproved Manager, (the “Second Supplemental Agreement”) on the terms and conditions of which the Bank has advanced to the Initial Borrowers, on Borrower a joint and several basis, a secured multi-currency loan facility of up to Thirty two Fourteen million seven hundred fifty thousand United States Dollars ($32,000,000US$14,750,000) or the equivalent thereof in an Optional Currency (the “Loan”) for the purposes therein specified (the said Loan Agreement as amended and/or supplemented by the First Supplemental Agreement and the Second Supplemental Agreement is hereinafter called the “Principal Agreement”) (the Principal Agreement as hereby amended and as the same may hereinafter be amended and/or supplemented is hereinafter called the “Loan Agreement”); (ii) a 1992 ISDA Master Agreement dated 22nd October 2007 as amended and/or supplemented by the First Supplemental Agreement and the Second Supplemental Agreement (the “Principal ISDA Master Agreement”) made between the Initial Borrowers, as Party B and the Bank, as Party A..

NEWLEAD BULKERS S. A., a company duly incorporated under the laws of the Republic of Liberia having its registered office at 00 Xxxxx Xxxxxx, Xxxxxxxx, Xxxxxxx and an office established in Greece (83 Akti Miaouli and Flessa Street, GR 185.38 Piraeus) pursuant to the Greek laws 89/67, 378/68, 27/75 and 814/79 (the “Approved Manager”, which expression shall include its successors in title); AND IS SUPPLEMENTAL to: (i) to a loan agreement dated 22nd October29th November, 2007 2006 made between (1) the Bank Bank, as lender and (2) the Borrower and othersBorrower, as joint and several borrowers (the “Initial Borrowers”)borrower, as amended and/or supplemented by: (a) a First Supplemental Agreement dated 15th June7th August, 2009 and made between (inter aliaalios) the Bank and the Initial Borrowers Borrower (the “First Supplemental Agreement”); and; (b) a Second Supplemental Agreement dated 28th June9th April, 2010 and made between (inter aliaalios) the Bank Bank, the Borrower and the Initial BorrowersApproved Manager (the “Second Supplemental Agreement”); and (c) a Third Supplemental Agreement dated 2nd July, 2010 and made between (inter alios) the Bank, the Borrower, the Corporate Guarantor and the Approved Manager, (the “Second Third Supplemental Agreement”) and (d) a Fourth Supplemental Agreement dated 8th September, 2010 and made between (inter alios) the Bank, the Borrower, the Corporate Guarantor and the Approved Manager, (the “Fourth Supplemental Agreement”) on the terms and conditions of which the Bank has advanced to the Initial Borrowers, on Borrower a joint and several basis, a secured multi-currency loan facility of up to Thirty two Fourteen million seven hundred fifty thousand United States Dollars ($32,000,000US$14,750,000) or the equivalent thereof in an Optional Currency (the “Loan”) for the purposes therein specified (the said Loan Agreement as amended and/or supplemented by the First Supplemental Agreement, the Second Supplemental Agreement, the Third Supplemental Agreement and the Second Fourth Supplemental Agreement is hereinafter called the “Principal Agreement”) (the Principal Agreement as hereby amended and as the same may hereinafter be further amended and/or supplemented is hereinafter called the “Loan Agreement”); (ii) a 1992 ISDA Master Agreement dated 22nd October 2007 as amended and/or supplemented by the First Supplemental Agreement and the Second Supplemental Agreement (the “Principal ISDA Master Agreement”) made between the Initial Borrowers, as Party B and the Bank, as Party A..

NEWLEAD BULKERS S. A., a company duly incorporated under the laws of the Republic of Liberia having its registered office at 00 Xxxxx Xxxxxx, Xxxxxxxx, Xxxxxxx and an office established in Greece (83 Akti Miaouli and Flessa Street, GR 185.38 Piraeus) pursuant to the Greek laws 89/67, 378/68, 27/75 and 814/79 (the “Approved Manager”, which expression shall include its successors in title); AND IS SUPPLEMENTAL to: (i) a loan agreement dated 22nd October, 2007 made between (1) the Bank and (2) the Borrower and others, as joint and several borrowers (the “Initial Borrowers”), as amended and/or supplemented by: (a) a First Supplemental Agreement dated 15th June, 2009 and made between (inter aliaalios) the Bank and the Initial Borrowers (the “First Supplemental Agreement”); and (b) a Second Supplemental Agreement dated 28th June, 2010 and made between (inter aliaalios) the Bank and the Initial Borrowers, (the “Second Supplemental Agreement”); and (c) a Third Supplemental Agreement dated 9th July, 2010 and made between (inter alios) the Bank and the Borrower, the Corporate Guarantor and the Approved Manager (the “Third Supplemental Agreement”); and (d) a Fourth Supplemental Agreement dated 13th August, 2010 and made between (inter alios) the Bank and the Borrower, the Corporate Guarantor and the Approved Manager (the “Fourth Supplemental Agreement”); on the terms and conditions of which the Bank has advanced to the Initial Borrowers, on a joint and several basis, a loan of up to Thirty two million Dollars ($32,000,000) (the “Loan”) for the purposes therein specified specified; (the said Loan Agreement as amended and/or supplemented by the First Supplemental Agreement, the Second Supplemental Agreement, the Third Supplemental Agreement and the Second Fourth Supplemental Agreement is hereinafter called the “Principal Agreement”) (the Principal Agreement as hereby amended and as the same may hereinafter be amended and/or supplemented is hereinafter called the “Loan Agreement”);; and (ii) a 1992 ISDA Master Agreement dated 22nd October 2007 as amended and/or supplemented by the First Supplemental Agreement and the Second Supplemental Agreement (the “Principal ISDA Master Agreement”) made between the Initial Borrowers, as Party B and the Bank, as Party A.A, as amended and/or supplemented by the First Supplemental Agreement, the Second Supplemental Agreement, the Third Supplemental Agreement and the Fourth Supplemental Agreement (the “Principal Master Agreement”).